AB 403: Public social services: foster care placement: funding.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-10-11
Existing law, the California Community Care Facilities Act, requires the State Department of Social Services to license and regulate various out-of-home facilities and entities responsible for children and nonminor dependents in foster care, including foster family homes, group homes, and out-of-state group homes, and imposes training requirements on foster parents. A violation of the act is a misdemeanor.
Existing law provides for the placement of certain children in foster care under the supervision of the department and county welfare departments. Existing law also establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care. Existing law requires the department to establish procedures to recover overpayments made to providers.
This bill would provide for the reclassification of treatment facilities and the transition from the use of group homes for children in foster care to the use of short-term residential treatment centers, as defined. The bill would impose licensing requirements on those facilities, the violation of which would be a crime pursuant to the act, thereby imposing a state-mandated local program.
The bill would revise the foster parent training requirements imposed by the act. The bill would also provide for the development of child and family teams, as defined, to inform the process of placement and services to foster children and to children at risk of foster care placement. The bill would make conforming and related changes, including requiring the department to develop a new payment structure for funding placement options for children in foster care. The bill would also revise the procedures for recovering overpayments, and would make the failure to repay an overpayment grounds for termination of the providers rate and cause the referral of the provider for license revocation.
The bill would require, on and after January 1, 2017, all licensed foster family agencies to approve resource families, in lieu of certifying foster homes, in accordance with specified standards and requirements set forth in the bill.
The bill would require the State Department of Social Services to provide periodic progress updates to the Legislature on the implementation of the provisions of the bill. The bill would also include a statement of legislative intent.
This bill would incorporate additional changes made by AB 1387, SB 238, SB 484, SB 524, and SB 794, that would become operative only if this bill is chaptered last.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law, the California Community Care Facilities Act, requires the State Department of Social Services to license and regulate various out-of-home facilities and entities responsible for children and nonminor dependents in foster care, including foster family homes, group homes, and out-of-state group homes, and imposes training requirements on foster parents. A violation of the act is a misdemeanor.
Existing law provides for the placement of certain children in foster care under the supervision of the department and county welfare departments. Existing law also establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care. Existing law requires the department to establish procedures to recover overpayments made to providers.
This bill would provide for the reclassification of treatment facilities and the transition from the use of group homes for children in foster care to the use of short-term residential treatment centers, as defined. The bill would impose licensing requirements on those facilities, the violation of which would be a crime pursuant to the act, thereby imposing a state-mandated local program.
The bill would revise the foster parent training requirements imposed by the act. The bill would also provide for the development of child and family teams, as defined, to inform the process of placement and services to foster children and to children at risk of foster care placement. The bill would make conforming and related changes, including requiring the department to develop a new payment structure for funding placement options for children in foster care. The bill would also revise the procedures for recovering overpayments, and would make the failure to repay an overpayment grounds for termination of the providers rate and cause the referral of the provider for license revocation.
The bill would require, on and after January 1, 2017, all licensed foster family agencies to approve resource families, in lieu of certifying foster homes, in accordance with specified standards and requirements set forth in the bill.
The bill would require the State Department of Social Services to provide periodic progress updates to the Legislature on the implementation of the provisions of the bill. The bill would also include a statement of legislative intent.
This bill would incorporate additional changes made by AB 1387, SB 238, SB 484, SB 524, and SB 794, that would become operative only if this bill is chaptered last.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law, the California Community Care Facilities Act, requires the State Department of Social Services to license and regulate various out-of-home facilities and entities responsible for children and nonminor dependents in foster care, including foster family homes, group homes, and out-of-state group homes, and imposes training requirements on foster parents. A violation of the act is a misdemeanor.
Existing law provides for the placement of certain children in foster care under the supervision of the department and county welfare departments. Existing law also establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care. Existing law requires the department to establish procedures to recover overpayments made to providers.
This bill would provide for the reclassification of treatment facilities and the transition from the use of group homes for children in foster care to the use of short-term residential treatment centers, as defined. The bill would impose licensing requirements on those facilities, the violation of which would be a crime pursuant to the act, thereby imposing a state-mandated local program.
The bill would revise the foster parent training requirements imposed by the act. The bill would also provide for the development of child and family teams, as defined, to inform the process of placement and services to foster children and to children at risk of foster care placement. The bill would make conforming and related changes, including requiring the department to develop a new payment structure for funding placement options for children in foster care. The bill would also revise the procedures for recovering overpayments, and would make the failure to repay an overpayment grounds for termination of the providers rate and cause the referral of the provider for license revocation.
The bill would require, on and after January 1, 2017, all licensed foster family agencies to approve resource families, in lieu of certifying foster homes, in accordance with specified standards and requirements set forth in the bill.
The bill would require the State Department of Social Services to provide periodic progress updates to the Legislature on the implementation of the provisions of the bill. The bill would also include a statement of legislative intent.
This bill would incorporate additional changes made by AB 1387, SB 238, SB 484, SB 524, and SB 794, that would become operative only if this bill is chaptered last.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law, the California Community Care Facilities Act, requires the State Department of Social Services to license and regulate various out-of-home facilities and entities responsible for children and nonminor dependents in foster care, including foster family homes, group homes, and out-of-state group homes, and imposes training requirements on foster parents. A violation of the act is a misdemeanor.
Existing law provides for the placement of certain children in foster care under the supervision of the department and county welfare departments. Existing law also establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care. Existing law requires the department to establish procedures to recover overpayments made to providers.
This bill would provide for the reclassification of treatment facilities and the transition from the use of group homes for children in foster care to the use of short-term residential treatment centers, as defined. The bill would impose licensing requirements on those facilities, the violation of which would be a crime pursuant to the act, thereby imposing a state-mandated local program.
The bill would revise the foster parent training requirements imposed by the act. The bill would also provide for the development of child and family teams, as defined, to inform the process of placement and services to foster children and to children at risk of foster care placement. The bill would make conforming and related changes, including requiring the department to develop a new payment structure for funding placement options for children in foster care. The bill would also revise the procedures for recovering overpayments, and would make the failure to repay an overpayment grounds for termination of the providers rate and cause the referral of the provider for license revocation.
The bill would require, on and after January 1, 2017, all licensed foster family agencies to approve resource families, in lieu of certifying foster homes, in accordance with specified standards and requirements set forth in the bill.
The bill would require the State Department of Social Services to provide periodic progress updates to the Legislature on the implementation of the provisions of the bill. The bill would also include a statement of legislative intent.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law, the California Community Care Facilities Act, requires the State Department of Social Services to license and regulate various out-of-home facilities and entities responsible for children and nonminor dependents in foster care, including foster family homes, group homes, and out-of-state group homes, and imposes training requirements on foster parents. A violation of the act is a misdemeanor.
Existing law provides for the placement of certain children in foster care under the supervision of the department and county welfare departments. Existing law also establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care.
This bill would provide for the reclassification of treatment facilities and the transition from the use of group homes for children in foster care to the use of short-term residential treatment centers, as defined. The bill would impose licensing requirements on those facilities, the violation of which would be a crime pursuant to the act, thereby imposing a state-mandated local program.
The bill would revise the foster parent training requirements imposed by the act. The bill would also provide for the development of child and family teams, as defined, to inform the process of placement and services to foster children and to children at risk of foster care placement. The bill would make conforming and related changes, including requiring the department to develop a new payment structure for funding placement options for children in foster care.
The bill would require, on and after January 1, 2017, all licensed foster family agencies to approve resource families, in lieu of certifying foster homes, in accordance with specified standards and requirements set forth in the bill.
The bill would require the State Department of Social Services to provide periodic progress updates to the Legislature on the implementation of the provisions of the bill. The bill would also include a statement of legislative intent.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law, the California Community Care Facilities Act, requires the State Department of Social Services to license and regulate various out-of-home facilities and entities responsible for children and nonminor dependents in foster care, including foster family homes, group homes, and out-of-state group homes, and imposes training requirements on foster parents. A violation of the act is a misdemeanor.
Existing law provides for the placement of certain children in foster care under the supervision of the department and county welfare departments. Existing law also establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care.
This bill would provide for the reclassification of treatment facilities and the transition from the use of group homes for children in foster care to the use of short-term residential treatment centers, as defined. The bill would impose licensing requirements on those facilities, the violation of which would be a crime pursuant to the act, thereby imposing a state-mandated local program.
The bill would revise the foster parent training requirements imposed by the act. The bill would also provide for the development of child and family teams, as defined, to inform the process of placement and services to foster children and to children at risk of foster care placement. The bill would make conforming and related changes, including requiring the department to develop a new payment structure for funding placement options for children in foster care.
The bill would require, on and after January 1, 2017, all licensed foster family agencies to approve resource families, in lieu of certifying foster homes, in accordance with specified standards and requirements set forth in the bill.
The bill would require the State Department of Social Services to provide periodic progress updates to the Legislature on the implementation of the provisions of the bill. The bill would also include a statement of legislative intent.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law, the California Community Care Facilities Act, requires the State Department of Social Services to license and regulate various out-of-home facilities and entities responsible for children and nonminor dependents in foster care, including foster family homes, group homes, and out-of-state group homes, and imposes training requirements on foster parents. A violation of the act is a misdemeanor.
Existing law provides for the placement of certain children in foster care under the supervision of the department and county welfare departments. Existing law also establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care.
This bill would provide for the reclassification of treatment facilities and the transition from the use of group homes for children in foster care to the use of short-term residential treatment centers, as defined. The bill would impose licensing requirements on those facilities, the violation of which would be a crime pursuant to the act, thereby imposing a state-mandated local program.
The bill would revise the foster parent training requirements imposed by the act. The bill would also provide for the development of child and family teams, as defined, to inform the process of placement and services to foster children and to children at risk of foster care placement. The bill would make conforming and related changes, including requiring the department to develop a new payment structure for funding placement options for children in foster care.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law, the California Community Care Facilities Act, requires the State Department of Social Services to license and regulate various out-of-home facilities and entities responsible for children and nonminor dependents in foster care, including foster family homes, group homes, and out-of-state group homes, and imposes training requirements on foster parents. A violation of the act is a misdemeanor.
Existing law provides for the placement of certain children in foster care under the supervision of the department and county welfare departments. Existing law also establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care.
This bill would provide for the reclassification of treatment facilities and the transition from the use of group homes for children in foster care to the use of short-term residential treatment centers, as defined. The bill would impose licensing requirements on those facilities, the violation of which would be a crime pursuant to the act, thereby imposing a state-mandated local program.
The bill would revise the foster parent training requirements imposed by the act. The bill would also provide for the development of child and family teams, as defined, to inform the process of placement and services to foster children and to children at risk of foster care placement. The bill would make conforming and related changes, including requiring the department to develop a new payment structure for funding placement options for children in foster care.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law, the California Community Care Facilities Act, requires the State Department of Social Services to license and regulate various out-of-home facilities and entities responsible for children and nonminor dependents in foster care, including foster family homes, group homes, and out-of-state group homes, and imposes training requirements on foster parents. A violation of the act is a misdemeanor.
Existing law provides for the placement of certain children in foster care under the supervision of the department and county welfare departments. Existing law also establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care.
This bill would provide for the reclassification of treatment facilities and the transition from the use of group homes for children in foster care to the use of short-term residential treatment centers, as defined. The bill would impose licensing requirements on those facilities, the violation of which would be a crime pursuant to the act, thereby imposing a state-mandated local program.
The bill would revise the foster parent training requirements imposed by the act. The bill would also provide for the development of child and family teams, as defined, to inform the process of placement and services to foster children and to children at risk of foster care placement. The bill would make conforming and related changes, including requiring the department to develop a new payment structure for funding placement options for children in foster care.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law declares the intent of the Legislature to preserve and strengthen a childs family ties whenever possible, removing the child from the custody of his or her parents only when necessary for his or her welfare or for the safety and protection of the public. Existing law includes various provisions relating to appropriate placement and other services for children in foster care.
This bill would express the intent of the Legislature to enact legislation that would reform the continuum of care for youth in foster care in the areas of placement setting, accreditation, temporary transition strategies, foster family agency licensure, provision of core services, residential treatment service provisions, residential treatment center employment requirements, rates, program auditing, and performance measures and transparency.
Existing law declares the intent of the Legislature to preserve and strengthen a childs family ties whenever possible, removing the child from the custody of his or her parents only when necessary for his or her welfare or for the safety and protection of the public. Existing law includes various provisions relating to appropriate placement and other services for children in foster care.
This bill would express the intent of the Legislature to enact legislation that would reform the continuum of care for youth in foster care in the areas of placement setting, accreditation, temporary transition strategies, foster family agency licensure, provision of core services, residential treatment service provisions, residential treatment center employment requirements, rates, program auditing, and performance measures and transparency.
(a)It is the intent of the Legislature in adopting this act to improve Californias child welfare system and its outcomes by using comprehensive initial child assessments, increasing the use of home-based family care and the provision of services and supports to home-based family care, reducing the use of congregate care placement settings, and creating faster paths to permanency resulting in shorter durations of involvement in the child welfare and juvenile justice systems. These changes, along with other provisions in this act, require initial investments in the child welfare system. It is expected that this act, and the initial short-term funding provided by the state to local agencies to implement this act, will reduce overall costs to local agencies and allow local savings to be reinvested in child welfare services. If overall costs to a local agency are reduced, annual funding by the state to the local agency will only be provided as described in Section 36 of Article XIII of the California Constitution.
(b)Federal law requires that placements of children in foster care be in the least restrictive, most family-like environment. Federal law requires the review of the childs case plan to assess the necessity for and appropriateness of the placement, to assess the progress that has been made toward the case plan goals, and project a likely date by which the child can be safely reunified, or placed for adoption or legal guardianship. Federal law requires the court to periodically, but no less frequently than every six months, review the case plan, the childs status, and the extent of compliance with the case plan.
(c)It is therefore the intent of the Legislature to maintain childrens safety, well-being, and healthy development when they are removed from their own families by placing them, whenever possible and appropriate, with relatives or someone familiar, or, when this is not possible or appropriate, with other caregiving families that are able to meet their physical, social, and emotional needs until they can return home. When reunifying children with their family is not possible, the obligation remains to seek other forms of permanency, such as adoption or guardianship. To achieve this intent, the Legislature recognizes the following:
(1)That the experience and outcomes of foster youth will be improved by assessing the individual needs of each child and youth at the outset of his or her entry into foster care in order to identify and secure the most appropriate services and placement setting to meet those individualized needs.
(A)Services are consistent with the objectives of the Katie A. Settlement Agreement, which include the timely provision of an array of appropriate services that are coordinated, comprehensive, and community-based, and which address the needs of children and youth with more intensive needs requiring medically necessary specialty mental health services in their own home, or an appropriate homelike setting in order to facilitate reunification and to ensure their safety, permanence, and well-being. Children in need of services are identified and assessed promptly. Child welfare and mental health agencies work together in the provision of coordinated services to these children and youth, and the childs or youths familys voice and choice are taken into account as demonstrated through the Core Practice Model.
(B)Efforts to achieve legal permanency and emotional permanency are necessary for every child and youth. These include establishing and maintaining connections to siblings, extended family, culture, and, if applicable, tribes.
(C)If necessary to meet their treatment and safety needs, some youth who enter foster care may benefit from an initial, upfront, short-term residential care placement to provide crisis stabilization and the structure they require, with the goal of returning them back home or to a less restrictive, family-based setting as soon as possible. Children should not have to first exhaust a number and variety of less restrictive placements regardless of their individual need, which would be detrimental to their well-being.
(2)That children and youth in foster care have been affected by trauma, both by the fact that they have been separated from their family, and by the circumstances that led to their removal. Recognizing this trauma and minimizing additional trauma should be structured into how practice is implemented for children and youth in foster care.
(3)That youth in foster care under the supervision of county probation departments may require additional considerations when being placed outside of the parental home. When ordering placement, the court and probation officers must consider the safety and needs of the youth and the public safety of the community. Significant reforms have been adopted in the juvenile justice system by the state and by the counties in recognition of the fact that detaining youth far from home is not ideal, but may be necessary for a small percentage of probation youth who have committed the most serious offenses. At the same time, in order to serve those probation youth whose needs can be appropriately met safely in least restrictive, family-based settings, sufficient capacity in home-based family care must be developed.
(4)That research demonstrates that being cared for in a family improves outcomes for children who have experienced abuse and neglect. Therefore, children who cannot safely be placed in home-based family care can go into residentially based care with individualized, specific care plans and intensive therapeutic interventions, while emphasizing continuity of care, as demonstrated by the residentially based services pilot program, established pursuant to Chapter 12.87 (commencing with Section 18987.7) of Part 6 of Division 9 of the Welfare and Institutions Code. These placements should be short-term in nature and designed to enable children and youth to return to their birth, kin, foster, or adoptive families as quickly and safely as possible, supported by services designed to help the child, youth, and family in this transition. With these services, relatives and foster families can care for children and youth with behavioral and mental health challenges that often are associated with neglect and abuse. Placing agency decisions regarding a specific family need to be based on a determination that the family has the ability and capacity to meet the needs of the specific child or youth.
(5)That working with the child, youth, and family as part of a team results in better outcomes. The child and family team, including extended family and community or tribe, is the primary vehicle for collaboration on the assessment, case planning, and placement decisions that are made by placing agencies. Use of these teams is based upon the wraparound model of care and is intended to support social work, practice, and decisionmaking.
(6)That culturally relevant services and supports need to be made available to children, youth, and their caregivers, regardless of the placement setting, and individually tailored to their needs.
(7)That the practice of public agencies, private agencies, and service providers should be aligned through a common core practice model, with county child welfare and probation agencies retaining their case management responsibilities.
(8)That there is a shift in the terminology used with respect to foster care to describe resource families as home-based family care. These families must parent and nurture vulnerable, traumatized children in emergencies, through transitions and crises, and sometimes make them a permanent part of their own families. These families are inclusive of related or unrelated caregivers who are approved to foster, adopt, or take guardianship of children in foster care, regardless of whether they are approved by a public or private agency.
(9)That the needs of children placed in residential group placements can most effectively be met when there is system accountability. Placement decisions should be informed by the providers performance on common indicators that are publicly available. Providers should continuously work to improve the quality of the care they provide by using available data to manage performance.
(d)The Legislature further declares its intent to continue to adhere to the declarations in Section 175 of the Family Code, Section 1459 of the Probate Code, and Section 224 of the Welfare and Institutions Code pertaining to Indian children, including that the state is committed to protecting the essential tribal relations and best interests of an Indian child by promoting practices, in accordance with the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) and other applicable laws, designed to prevent the childs involuntary out-of-home placement and, whenever that placement is necessary or ordered, by placing the child, whenever possible, in a placement that reflects the unique values of the childs tribal culture and is best able to assist the child in establishing, developing, and maintaining a political, cultural, and social relationship with the childs tribe and tribal community. To that end this legislation is not intended to displace or preclude options available to Indian children, such as placement in tribally approved homes as allowed under the federal Indian Child Welfare Act, or tribal customary adoptions pursuant to Section 366.24 of the Welfare and Institutions Code.
SEC. 2.Section 7911 of the Family Code is amended to read:7911.The Legislature finds and declares all of the following:
(a)The health and safety of California children placed by a county social services agency or probation department out of state pursuant to the provisions of the Interstate Compact on the Placement of Children are a matter of statewide concern.
(b)The Legislature therefore affirms its intention that the State Department of Social Services has full authority to require an assessment and placement recommendation by a county multidisciplinary team prior to placement of a child in an out-of-state group home, to investigate allegations of child abuse or neglect of minors so placed, and to ensure that out-of-state group homes, accepting California children, meet all California group home licensing standards.
(c)The Legislature also affirms its intention that, on and after January 1, 2017, the licensing standards applicable to out-of-state group homes certified by the department shall be those required of short-term residential treatment centers operated in this state.
(d)This section is declaratory of existing law with respect to the Governors designation of the State Department of Social Services to act as the compact administrator and of that department to act as the single state agency charged with supervision of public social services under Section 10600 of the Welfare and Institutions Code.
SEC. 3.Section 7911.1 of the Family Code is amended to read:7911.1.(a)Notwithstanding any other law, the State Department of Social Services or its designee shall investigate any threat to the health and safety of children placed by a California county social services agency or probation department in an out-of-state group home pursuant to the provisions of the Interstate Compact on the Placement of Children. This authority shall include the authority to interview children or staff in private or review their file at the out-of-state facility or wherever the child or files may be at the time of the investigation. Notwithstanding any other law, the State Department of Social Services or its designee shall require certified out-of-state group homes to comply with the reporting requirements applicable to group homes licensed in California pursuant to Title 22 of the California Code of Regulations for each child in care regardless of whether he or she is a California placement, by submitting a copy of the required reports to the Compact Administrator within regulatory timeframes. The Compact Administrator within one business day of receiving a serious events report shall verbally notify the appropriate placement agencies and within five working days of receiving a written report from the out-of-state group home, forward a copy of the written report to the appropriate placement agencies.
(b)Any contract, memorandum of understanding, or agreement entered into pursuant to paragraph (b) of Article 5 of the Interstate Compact on the Placement of Children regarding the placement of a child out of state by a California county social services agency or probation department shall include the language set forth in subdivision (a).
(c)(1)The State Department of Social Services or its designee shall perform initial and continuing inspection of out-of-state group homes in order to either certify that the out-of-state group home meets all licensure standards required of group homes operated in California or that the department has granted a waiver to a specific licensing standard upon a finding that there exists no adverse impact to health and safety.
(2)On and after January 1, 2017, the licensing standards applicable to out-of-state group homes certified by the department, as described in paragraph (1) shall be those required of short-term residential treatment centers operated in this state.
(3)On and after January 1, 2017, an out-of-state group home program shall, in order to receive an AFDC-FC rate, meet the requirements of paragraph (2) of subdivision (c) of Section 11460 of the Welfare and Institutions Code.
(4)Any failure by an out-of-state group home facility to make children or staff available as required by subdivision (a) for a private interview or make files available for review shall be grounds to deny or discontinue the certification. Certifications 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 departments 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 departments certification under this section.
SEC. 4.Section 7912 of the Family Code is amended to read:7912.(a)The Legislature finds and declares that the health and safety of children in out-of-state group home care pursuant to the Interstate Compact on the Placement of Children is a matter of statewide concern. The Legislature therefore affirms its intention that children placed by a county social services agency or probation department in out-of-state group homes be accorded the same personal rights and safeguards of a child placed in a California group home. This section is in clarification of existing law.
(b)(1)The Compact Administrator may temporarily suspend any new placements in an out-of-state group home, for a period not to exceed 100 days, pending the completion of an investigation, pursuant to subdivision (a) of Section 7911.1, regarding a threat to the health and safety of children in care. During any suspension period the department or its designee shall have staff daily onsite at the out-of-state group home.
(2)On and after January 1, 2017, the licensing standards applicable to out-of-state group homes certified by the State Department of Social Services shall be those required of short-term residential treatment centers operated in this state.
SEC. 5.Section 6276.38 of the Government Code is amended to read:6276.38.Radioactive materials, dissemination of information about transportation of, Section 33002, Vehicle Code.
Railroad infrastructure protection program, disclosure not required for risk assessments filed with the Public Utilities Commission, the Director of Emergency Services, or the Office of Emergency Services, Section 6254.23.
Real estate broker, annual report to Bureau of Real Estate of financial information, confidentiality of, Section 10232.2, Business and Professions Code.
Real property, acquisition by state or local government, information relating to feasibility, subdivision (h), Section 6254.
Real property, change in ownership statement, confidentiality of, Section 27280.
Records described in Section 1620 of the Penal Code.
Records of contract purchasers, inspection by public prohibited, Section 85, Military and Veterans Code.
Records of persons committed to a state hospital pursuant to Section 4135 of the Welfare and Institutions Code.
Registered public obligations, inspection of records of security interests in, Section 5060.
Registration of exempt vehicles, nondisclosure of name of person involved in alleged violation, Section 5003, Vehicle Code.
Rehabilitation, Department of, confidential information, Section 19016, Welfare and Institutions Code.
Reinsurance intermediary-broker license information, confidentiality of, Section 1781.3, Insurance Code.
Relocation assistance, confidential records submitted to a public entity by a business or farm operation, Section 7262.
Rent control ordinance, confidentiality of information concerning accommodations sought to be withdrawn from, Section 7060.4.
Report of probation officer, inspection, copies, Section 1203.05, Penal Code.
Repossession agency licensee application, confidentiality of information, Sections 7503, 7504, and 7506.5, Business and Professions Code.
Reproductive health facilities, disclosure not required for personal information regarding employees, volunteers, board members, owners, partners, officers, and contractors of a reproductive health services facility who have provided requisite notification, Section 6254.18.
Residence address in any record of Department of Housing and Community Development, confidentiality of, Section 6254.1.
Residence address in any record of Department of Motor Vehicles, confidentiality of, Section 6254.1, Government Code, and Section 1808.21, Vehicle Code.
Residence and mailing addresses in records of Department of Motor Vehicles, confidentiality of, Section 1810.7, Vehicle Code.
Residential care facilities, confidentiality of resident information, Section 1568.08, Health and Safety Code.
Residential care facilities for the elderly, confidentiality of client information, Section 1569.315, Health and Safety Code.
Resource families, identifying information, Section 16519.55, Welfare and Institutions Code.
Respiratory care practitioner, professional competency examination reports, confidentiality of, Section 3756, Business and Professions Code.
Restraint of trade, civil action by district attorney, confidential memorandum, Section 16750, Business and Professions Code.
Reward by Governor for information leading to arrest and conviction, confidentiality of person supplying information, Section 1547, Penal Code.
Safe surrender site, confidentiality of information pertaining to a parent or individual surrendering a child, Section 1255.7, Health and Safety Code.
SEC. 6.Section 1502 of the Health and Safety Code is amended to read:1502.As used in this chapter:
(a)Community care facility means any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and includes the following:
(1)Residential facility means any family home, group care facility, or similar facility determined by the director, for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.
(2)Adult day program means any community-based facility or program that provides care to persons 18 years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of these individuals on less than a 24-hour basis.
(3)Therapeutic day services facility means any facility that provides nonmedical care, counseling, educational or vocational support, or social rehabilitation services on less than a 24-hour basis to persons under 18 years of age who would otherwise be placed in foster care or who are returning to families from foster care. Program standards for these facilities shall be developed by the department, pursuant to Section 1530, in consultation with therapeutic day services and foster care providers.
(4)Foster family agency means any public agency or private organization engaged in the recruiting, certifying, and training of, and providing professional support to, foster parents, or in finding homes or other places for placement of children for temporary or permanent care who require that level of care. Private foster family agencies shall be organized and operated on a nonprofit basis.
(5)Foster family home means any residential facility providing 24-hour care for six or fewer foster children that is owned, leased, or rented and is the residence of the foster parent or parents, including their family, in whose care the foster children have been placed. The placement may be by a public or private child placement agency or by a court order, or by voluntary placement by a parent, parents, or guardian. It also means a foster family home described in Section 1505.2.
(6)Small family home means any residential facility, in the licensees family residence, that provides 24-hour care for six or fewer foster children who have mental disorders or developmental or physical disabilities and who require special care and supervision as a result of their disabilities. A small family home may accept children with special health care needs, pursuant to subdivision (a) of Section 17710 of the Welfare and Institutions Code. In addition to placing children with special health care needs, the department may approve placement of children without special health care needs, up to the licensed capacity.
(7)Social rehabilitation facility means any residential facility that provides social rehabilitation services for no longer than 18 months in a group setting to adults recovering from mental illness who temporarily need assistance, guidance, or counseling. Program components shall be subject to program standards pursuant to Article 1 (commencing with Section 5670) of Chapter 2.5 of Part 2 of Division 5 of the Welfare and Institutions Code.
(8)Community treatment facility means any residential facility that provides mental health treatment services to children in a group setting and that has the capacity to provide secure containment. Program components shall be subject to program standards developed and enforced by the State Department of Health Care Services pursuant to Section 4094 of the Welfare and Institutions Code.
Nothing in this section shall be construed to prohibit or discourage placement of persons who have mental or physical disabilities into any category of community care facility that meets the needs of the individual placed, if the placement is consistent with the licensing regulations of the department.
(9)Full-service adoption agency means any licensed entity engaged in the business of providing adoption services, that does all of the following:
(A)Assumes care, custody, and control of a child through relinquishment of the child to the agency or involuntary termination of parental rights to the child.
(B)Assesses the birth parents, prospective adoptive parents, or child.
(C)Places children for adoption.
(D)Supervises adoptive placements.
Private full-service adoption agencies shall be organized and operated on a nonprofit basis. As a condition of licensure to provide intercountry adoption services, a full-service adoption agency shall be accredited and in good standing according to Part 96 of Title 22 of the Code of Federal Regulations, or supervised by an accredited primary provider, or acting as an exempted provider, in compliance with Subpart F (commencing with Section 96.29) of Part 96 of Title 22 of the Code of Federal Regulations.
(10)Noncustodial adoption agency means any licensed entity engaged in the business of providing adoption services, that does all of the following:
(A)Assesses the prospective adoptive parents.
(B)Cooperatively matches children freed for adoption, who are under the care, custody, and control of a licensed adoption agency, for adoption, with assessed and approved adoptive applicants.
(C)Cooperatively supervises adoptive placements with a full-service adoptive agency, but does not disrupt a placement or remove a child from a placement.
Private noncustodial adoption agencies shall be organized and operated on a nonprofit basis. As a condition of licensure to provide intercountry adoption services, a noncustodial adoption agency shall be accredited and in good standing according to Part 96 of Title 22 of the Code of Federal Regulations, or supervised by an accredited primary provider, or acting as an exempted provider, in compliance with Subpart F (commencing with Section 96.29) of Part 96 of Title 22 of the Code of Federal Regulations.
(11)Transitional shelter care facility means any group care facility that provides for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. Program components shall be subject to program standards developed by the State Department of Social Services pursuant to Section 1502.3.
(12)Transitional housing placement provider means an organization licensed by the department pursuant to Section 1559.110 and Section 16522.1 of the Welfare and Institutions Code to provide transitional housing to foster children at least 16 years of age and not more than 18 years of age, and nonminor dependents, as defined in subdivision (v) of Section 11400 of the Welfare and Institutions Code, to promote their transition to adulthood. A transitional housing placement provider shall be privately operated and organized on a nonprofit basis.
(13)Group home means a residential facility that provides 24-hour care and supervision to children, delivered at least in part by staff employed by the licensee in a structured environment. The care and supervision provided by a group home shall be nonmedical, except as otherwise permitted by law.
(14)Runaway and homeless youth shelter means a group home licensed by the department to operate a program pursuant to Section 1502.35 to provide voluntary, short-term, shelter and personal services to runaway youth or homeless youth, as defined in paragraph (2) of subdivision (a) of Section 1502.35.
(15)Enhanced behavioral supports home means a facility certified by the State Department of Developmental Services pursuant to Article 3.6 (commencing with Section 4684.80) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code, and licensed by the State Department of Social Services as an adult residential facility or a group home that provides 24-hour nonmedical care to individuals with developmental disabilities who require enhanced behavioral supports, staffing, and supervision in a homelike setting. An enhanced behavioral supports home shall have a maximum capacity of four consumers, shall conform to Section 441.530(a)(1) of Title 42 of the Code of Federal Regulations, and shall be eligible for federal Medicaid home- and community-based services funding.
(16)Community crisis home means a facility certified by the State Department of Developmental Services pursuant to Article 8 (commencing with Section 4698) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code, and licensed by the State Department of Social Services pursuant to Article 9.7 (commencing with Section 1567.80), as an adult residential facility, providing 24-hour nonmedical care to individuals with developmental disabilities receiving regional center service, in need of crisis intervention services, and who would otherwise be at risk of admission to the acute crisis center at Fairview Developmental Center, Sonoma Developmental Center, an acute general hospital, acute psychiatric hospital, an institution for mental disease, as described in Part 5 (commencing with Section 5900) of Division 5 of the Welfare and Institutions Code, or an out-of-state placement. A community crisis home shall have a maximum capacity of eight consumers, as defined in subdivision (a) of Section 1567.80, shall conform to Section 441.530(a)(1) of Title 42 of the Code of Federal Regulations, and shall be eligible for federal Medicaid home- and community-based services funding.
(17)Crisis nursery means a facility licensed by the department to operate a program pursuant to Section 1516 to provide short-term care and supervision for children under six years of age who are voluntarily placed for temporary care by a parent or legal guardian due to a family crisis or stressful situation.
(18)Short-term residential treatment center means a residential facility 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.
(b)Department or state department means the State Department of Social Services.
(c)Director means the Director of Social Services.
SEC. 6.5.Section 1502 of the Health and Safety Code is amended to read:1502.As used in this chapter:
(a)Community care facility means any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and includes the following:
(1)Residential facility means any family home, group care facility, or similar facility determined by the director, for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.
(2)Adult day program means any community-based facility or program that provides care to persons 18 years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of these individuals on less than a 24-hour basis.
(3)Therapeutic day services facility means any facility that provides nonmedical care, counseling, educational or vocational support, or social rehabilitation services on less than a 24-hour basis to persons under 18 years of age who would otherwise be placed in foster care or who are returning to families from foster care. Program standards for these facilities shall be developed by the department, pursuant to Section 1530, in consultation with therapeutic day services and foster care providers.
(4)Foster family agency means any public agency or private organization engaged in the recruiting, certifying, and training of, and providing professional support to, foster parents, or in finding homes or other places for placement of children for temporary or permanent care who require that level of care. Private foster family agencies shall be organized and operated on a nonprofit basis.
(5)Foster family home means any residential facility providing 24-hour care for six or fewer foster children that is owned, leased, or rented and is the residence of the foster parent or parents, including their family, in whose care the foster children have been placed. The placement may be by a public or private child placement agency or by a court order, or by voluntary placement by a parent, parents, or guardian. It also means a foster family home described in Section 1505.2.
(6)Small family home means any residential facility, in the licensees family residence, that provides 24-hour care for six or fewer foster children who have mental disorders or developmental or physical disabilities and who require special care and supervision as a result of their disabilities. A small family home may accept children with special health care needs, pursuant to subdivision (a) of Section 17710 of the Welfare and Institutions Code. In addition to placing children with special health care needs, the department may approve placement of children without special health care needs, up to the licensed capacity.
(7)Social rehabilitation facility means any residential facility that provides social rehabilitation services for no longer than 18 months in a group setting to adults recovering from mental illness who temporarily need assistance, guidance, or counseling. Program components shall be subject to program standards pursuant to Article 1 (commencing with Section 5670) of Chapter 2.5 of Part 2 of Division 5 of the Welfare and Institutions Code.
(8)Community treatment facility means any residential facility that provides mental health treatment services to children in a group setting and that has the capacity to provide secure containment. Program components shall be subject to program standards developed and enforced by the State Department of Health Care Services pursuant to Section 4094 of the Welfare and Institutions Code.
Nothing in this section shall be construed to prohibit or discourage placement of persons who have mental or physical disabilities into any category of community care facility that meets the needs of the individual placed, if the placement is consistent with the licensing regulations of the department.
(9)Full-service adoption agency means any licensed entity engaged in the business of providing adoption services, that does all of the following:
(A)Assumes care, custody, and control of a child through relinquishment of the child to the agency or involuntary termination of parental rights to the child.
(B)Assesses the birth parents, prospective adoptive parents, or child.
(C)Places children for adoption.
(D)Supervises adoptive placements.
Private full-service adoption agencies shall be organized and operated on a nonprofit basis. As a condition of licensure to provide intercountry adoption services, a full-service adoption agency shall be accredited and in good standing according to Part 96 of Title 22 of the Code of Federal Regulations, or supervised by an accredited primary provider, or acting as an exempted provider, in compliance with Subpart F (commencing with Section 96.29) of Part 96 of Title 22 of the Code of Federal Regulations.
(10)Noncustodial adoption agency means any licensed entity engaged in the business of providing adoption services, that does all of the following:
(A)Assesses the prospective adoptive parents.
(B)Cooperatively matches children freed for adoption, who are under the care, custody, and control of a licensed adoption agency, for adoption, with assessed and approved adoptive applicants.
(C)Cooperatively supervises adoptive placements with a full-service adoptive agency, but does not disrupt a placement or remove a child from a placement.
Private noncustodial adoption agencies shall be organized and operated on a nonprofit basis. As a condition of licensure to provide intercountry adoption services, a noncustodial adoption agency shall be accredited and in good standing according to Part 96 of Title 22 of the Code of Federal Regulations, or supervised by an accredited primary provider, or acting as an exempted provider, in compliance with Subpart F (commencing with Section 96.29) of Part 96 of Title 22 of the Code of Federal Regulations.
(11)Transitional shelter care facility means any group care facility that provides for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. Program components shall be subject to program standards developed by the State Department of Social Services pursuant to Section 1502.3.
(12)Transitional housing placement provider means an organization licensed by the department pursuant to Section 1559.110 and Section 16522.1 of the Welfare and Institutions Code to provide transitional housing to foster children at least 16 years of age and not more than 18 years of age, and nonminor dependents, as defined in subdivision (v) of Section 11400 of the Welfare and Institutions Code, to promote their transition to adulthood. A transitional housing placement provider shall be privately operated and organized on a nonprofit basis.
(13)Group home means a residential facility that provides 24-hour care and supervision to children, delivered at least in part by staff employed by the licensee in a structured environment. The care and supervision provided by a group home shall be nonmedical, except as otherwise permitted by law.
(14)Runaway and homeless youth shelter means a group home licensed by the department to operate a program pursuant to Section 1502.35 to provide voluntary, short-term, shelter and personal services to runaway youth or homeless youth, as defined in paragraph (2) of subdivision (a) of Section 1502.35.
(15)Enhanced behavioral supports home means a facility certified by the State Department of Developmental Services pursuant to Article 3.6 (commencing with Section 4684.80) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code, and licensed by the State Department of Social Services as an adult residential facility or a group home that provides 24-hour nonmedical care to individuals with developmental disabilities who require enhanced behavioral supports, staffing, and supervision in a homelike setting. An enhanced behavioral supports home shall have a maximum capacity of four consumers, shall conform to Section 441.530(a)(1) of Title 42 of the Code of Federal Regulations, and shall be eligible for federal Medicaid home- and community-based services funding.
(16)Community crisis home means a facility certified by the State Department of Developmental Services pursuant to Article 8 (commencing with Section 4698) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code, and licensed by the State Department of Social Services pursuant to Article 9.7 (commencing with Section 1567.80), as an adult residential facility, providing 24-hour nonmedical care to individuals with developmental disabilities receiving regional center service, in need of crisis intervention services, and who would otherwise be at risk of admission to the acute crisis center at Fairview Developmental Center, Sonoma Developmental Center, an acute general hospital, acute psychiatric hospital, an institution for mental disease, as described in Part 5 (commencing with Section 5900) of Division 5 of the Welfare and Institutions Code, or an out-of-state placement. A community crisis home shall have a maximum capacity of eight consumers, as defined in subdivision (a) of Section 1567.80, shall conform to Section 441.530(a)(1) of Title 42 of the Code of Federal Regulations, and shall be eligible for federal Medicaid home- and community-based services funding.
(17)Crisis nursery means a facility licensed by the department to operate a program pursuant to Section 1516 to provide short-term care and supervision for children under six years of age who are voluntarily placed for temporary care by a parent or legal guardian due to a family crisis or stressful situation.
(18)Short-term residential treatment center means a residential facility 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.
(19)Private or public residential care facility for youth means a facility or program licensed by the department to operate pursuant to Section 1502.2 to provide nonmedical care, counseling, or educational or vocational support to persons under 18 years of age with social, emotional, behavioral, or mental health issues or disorders.
(b)Department or state department means the State Department of Social Services.
(c)Director means the Director of Social Services.
SEC. 7.Section 1502.4 of the Health and Safety Code is amended to read:1502.4.(a)(1)A community care facility licensed as a group home for children pursuant to this chapter may accept for placement, and provide care and supervision to, a child assessed as seriously emotionally disturbed, as long as the child does not need inpatient care in a licensed health facility.
(2)For the purpose of this chapter, the following definitions shall apply:
(A)Health facility has the meaning set forth in Section 1250.
(B)Seriously emotionally disturbed has the same meaning as that term is used in subdivision (a) of Section 5600.3 of the Welfare and Institutions Code.
(b)If a child described in subdivision (a) is placed into a group home program classified at rate classification level 13 or rate classification level 14 pursuant to Section 11462.01 of the Welfare and Institutions Code, the licensee shall meet both of the following requirements:
(1)The licensee shall agree to accept, for placement into its group home program, only children who have been assessed as seriously emotionally disturbed, by either of the following:
(A)An interagency placement committee, as described in Section 4096 of the Welfare and Institutions Code or by a licensed mental health professional, as defined in subdivision (g) of Section 4096 of the Welfare and Institutions Code.
(B)A licensed mental health professional as defined in subdivision (g) of Section 4096 of the Welfare and Institutions Code if the child is privately placed or only county funded.
(2)The program is certified by the State Department of Health Care Services, pursuant to Section 4096.5 of the Welfare and Institutions Code, as a program that provides mental health treatment services for seriously emotionally disturbed children.
(c)The department shall not evaluate, or have any responsibility or liability with regard to the evaluation of, the mental health treatment services provided pursuant to this section.
(d)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 8.Section 1502.4 is added to the Health and Safety Code, to read:1502.4.(a)A licensed short-term residential treatment center, as defined in paragraph (18) of subdivision (a) of Section 1502, may only accept for placement a child who does not require inpatient care in a licensed health facility and who has been assessed pursuant to Section 11462.01 of the Welfare and Institutions Code as meeting the applicable criteria for placement in a short-term residential treatment center.
(b)A licensed foster family agency, as defined in paragraph (4) of subdivision (a) of Section 1502, may accept for placement a child who does not require inpatient care in a licensed health facility, as defined in Section 1250, and who has been assessed pursuant to Section 11462.01 of the Welfare and Institutions Code as meeting the applicable criteria for placement by a foster family agency.
(c)For the purposes of this chapter, the following definitions shall apply:
(1)Health facility has the meaning set forth in Section 1250.
(2)Seriously emotionally disturbed has the same meaning as that term is used in subdivision (a) of Section 5600.3 of the Welfare and Institutions Code.
(d)The department shall not evaluate, nor have any responsibility or liability with regard to the evaluation of, the mental health treatment services provided pursuant to this section.
(e)This section shall become operative on January 1, 2017.
SEC. 9.Section 1502.45 is added to the Health and Safety Code, immediately following Section 1502.4, to read:1502.45.(a)(1)Notwithstanding Section 1502.4, a community care facility licensed as a group home for children pursuant to this chapter may only accept for placement, and provide care and supervision to, a child assessed as seriously emotionally disturbed as long as the child does not need inpatient care in a licensed health facility, as defined in Section 1250.
(2)For the purpose of this section, the following definitions shall apply:
(A)Health facility has the meaning set forth in Section 1250.
(B)Seriously emotionally disturbed has the same meaning as that term is used in subdivision (a) of Section 5600.3 of the Welfare and Institutions Code.
(b)If a child described in subdivision (a) is placed into a group home program classified at rate classification level 13 or rate classification level 14 pursuant to Section 11462.015 of the Welfare and Institutions Code, the licensee shall meet both of the following requirements:
(1)The licensee shall agree to accept, for placement into its group home program, only children who have been assessed as seriously emotionally disturbed by either of the following:
(A)An interagency placement committee, as described in Section 4096.1 of the Welfare and Institutions Code or by a licensed mental health professional, as defined in subdivision (g) of Section 4096 of the Welfare and Institutions Code.
(B)A licensed mental health professional as defined in subdivision (g) of Section 4096 of the Welfare and Institutions Code if the child is privately placed or only county funded.
(2)The program is certified by the State Department of Health Care Services, pursuant to Section 4096.55 of the Welfare and Institutions Code, as a program that provides mental health treatment services for seriously emotionally disturbed children.
(c)The department shall not evaluate, or have any responsibility or liability with regard to the evaluation of, the mental health treatment services provided pursuant to this section.
(d)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 of the Welfare and Institutions Code.
(e)This section shall become operative on January 1, 2017.
(f)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. 10.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 foster family agency functions may use only a certified family home that has been certified by that agency or a licensed foster family home approved for this use by the licensing county pursuant to Section 1506.5.
(2)Any home selected and certified 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 subject to Section 1508. A certified family home may not be concurrently 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 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. The determination regarding whether and how long he or she may remain as a resident after the age of 18 years shall be made through the agreement of all parties involved, including the resident, the foster parent, the foster family agency social worker, the residents regional center case manager, and the residents parent, legal guardian, or conservator, as appropriate. This determination shall include a needs and service plan that contains an assessment of the childs 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 childs 18th birthday. The assessment shall be documented and maintained in the childs file with the foster family agency.
(b)(1)A foster family agency shall certify to the department that the home has met the departments licensing standards. A foster family agency may require a 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 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.
(c)As used in this chapter, certified family home means a family residence certified by a licensed foster family agency and issued a certificate of approval by that agency as meeting licensing standards, and used only by that foster family agency for placements.
(d)(1)Requirements for social work personnel for a foster family agency shall be a masters 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 masters 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 masters 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)For purposes of this section, social work personnel means supervising social workers as well as nonsupervisory social workers.
SEC. 11.Section 1506.1 is added to the Health and Safety Code, to read:1506.1.(a)A foster family agency shall prepare and maintain a current, written plan of operation as required by the department.
(b)(1)On and after January 1, 2017, a foster family agency shall have national accreditation from an entity identified by the department pursuant to the process described in paragraph (8) of subdivision (b) of Section 11463 of the Welfare and Institutions Code.
(2)Notwithstanding paragraph (1), the department may issue a provisional license to a foster family agency and may extend the term of the provisional license in order for the foster family agency to secure accreditation as set forth in subdivision (c) of Section 1525.5.
(c)(1)On and after January 1, 2017, a foster family agencys plan of operation shall demonstrate the foster family agencys ability to support the differing needs of children and their families.
(2)On and after January 1, 2017, a foster family agencys 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 agencys plan of operation shall include a program statement. The program statement shall contain a description of all of the following:
(A)The core services and supports, as set forth in paragraph (5) of subdivision (b) of Section 11463 of the Welfare and Institutions Code, and as prescribed by the department, to be offered to children and their families, as appropriate or as necessary.
(B)The treatment practices that will be used in serving children and families.
(C)The procedures for the development, implementation, and periodic updating of the needs and services plan for children placed with the foster family agency or served by the foster family agency, and procedures for collaborating with the child and family team as described in paragraph (4) of subdivision (a) of Section 16501 of the Welfare and Institutions Code, that includes, but is not limited to, a description of the services to be provided to meet the treatment needs of children assessed pursuant to subdivision (d) or (e) of Section 11462.01 of the Welfare and Institutions Code.
(D)How the foster family agency will comply with the resource family approval standards and requirements, as set forth in Section 16519.5 of the Welfare and Institutions Code.
(E)A description of the population or populations to be served.
(F)Any other information that may be prescribed by the department for the proper administration of this section.
(d)In addition to the rules and regulations adopted pursuant to this chapter, a county licensed to operate a foster family agency shall describe, in the plan of operation, its conflict-of-interest mitigation plan, on and after January 1, 2017, as set forth in subdivision (g) of Section 11462.02 of the Welfare and Institutions Code.
(e)The foster family agencys plan of operation shall demonstrate the foster family agencys ability to provide treatment services to meet the individual needs of children placed in licensed, approved, or certified relative and nonrelative foster families, as specified in Section 11402 of the Welfare and Institutions Code.
(f)The department shall have the authority to inspect a foster family agency pursuant to the system of governmental monitoring and oversight developed by the department on and after January 1, 2017, pursuant to subdivision (c) of Section 11463 of the Welfare and Institutions Code.
(g)The department shall establish procedures for a county review process, at the countys option, for foster family agencies, which may include the review of the foster family agencys 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. 12.Section 1507.25 of the Health and Safety Code is amended to read:1507.25.(a)(1)Notwithstanding any other law, a person described in paragraph (2), who is not a licensed health care professional, but who is trained to administer injections by a licensed health care professional practicing within his or her scope of practice, may administer emergency medical assistance and injections for severe diabetic hypoglycemia and anaphylactic shock to a foster child in placement.
(2)The following individuals shall be authorized to administer emergency medical assistance and injections in accordance with this subdivision:
(A)A relative caregiver.
(B)A nonrelative extended family member.
(C)A foster family home parent.
(D)A member of a resource family, as defined in subdivision (c) of Section 16519.5 of the Welfare and Institutions Code.
(E)A small family home parent.
(F)A certified parent of a foster family agency.
(G)A substitute caregiver of a foster family home or a certified family home.
(H)A staff member of a small family home or a group home who provides direct care and supervision to children and youth residing in the small family home or group home.
(I)A 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.
(3)The licensed health care professional shall periodically review, correct, or update training provided pursuant to this section as he or she deems necessary and appropriate.
(b)(1)Notwithstanding any other law, a person described in paragraph (2), who is not a licensed health care professional, but who is trained to administer injections by a licensed health care professional practicing within his or her scope of practice, may administer subcutaneous injections of other medications, including insulin, as prescribed by the childs physician, to a foster child in placement.
(2)The following individuals shall be authorized to give prescribed injections including insulin in accordance with this subdivision:
(A)A relative caregiver.
(B)A nonrelative extended family member.
(C)A foster family home parent.
(D)A member of a resource family, as defined in subdivision (c) of Section 16519.5 of the Welfare and Institutions Code.
(E)A small family home parent.
(F)A certified parent of a foster family agency.
(G)In the absence of a foster parent, a designated substitute caregiver in a foster family home or a certified family home.
(H)A direct care 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.
(3)The licensed health care professional shall periodically review, correct, or update training provided pursuant to this section as he or she deems necessary and appropriate.
(c)For purposes of this section, administration of an insulin injection shall include all necessary supportive activities related to the preparation and administration of the injection, including glucose testing and monitoring.
(d)Notwithstanding Part 5.5 (commencing with Section 17700) of Division 9 of, and particularly subdivision (g) of Section 17710 of, the Welfare and Institutions Code, a childs need to receive injections pursuant to this section shall not be the sole basis for determining that the child has a medical condition requiring specialized in-home health care.
(e)This section does not supersede the requirements of Section 369.5 of the Welfare and Institutions Code, with respect to the administration of psychotropic medication to a dependent child of the court.
SEC. 13.Section 1517 is added to the Health and Safety Code, to read:1517.(a)(1)Pursuant to subdivision (a) of Section 16519.5 of the Welfare and Institutions Code, the State Department of Social Services, shall implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, approving relatives and nonrelative extended family members as foster care providers, and approving adoptive families.
(2)For purposes of this section, a resource family means an individual or couple 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)A foster family agency that is selected and authorized to participate in early implementation of the resource family approval program, pursuant to subdivision (t) of Section 16519.5 of the Welfare and Institutions Code, shall comply with the provisions of this section.
(1)Notwithstanding any other law, the 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 adopted thereto, and other applicable laws prior to approval and in order to maintain approval.
(2)The foster family agency shall be responsible for all of the following:
(A)Complying with the applicable provisions of this chapter, the regulations for foster family agencies, the resource family approval standards and requirements set forth in Section 16519.5 of the Welfare and Institutions Code, and the applicable written directives adopted thereto as directed by the department.
(B)Implementing the requirements for the resource family approval and utilizing standardized documentation established by the department.
(C)Ensuring staff have the education and experience necessary to complete the home environment and psychosocial assessments competently.
(D)Taking the following actions, as applicable:
(i)Approving or denying resource family applications.
(ii)Rescinding approvals of resource families.
(E)Providing to the department a log of resource families that were approved or rescinded during the month by the 10th day of the following month. For purposes of subdivision (d) of Section 1536, a certified family home includes a resource family approved by the foster family agency pursuant to this section.
(F)Updating resource family approval annually.
(G)Monitoring resource families through all of the following:
(i)Ensuring that social workers who identify a condition in the home that may not meet the resource family approval standards while in the course of a routine visit to children subsequently placed with a resource family take appropriate action as needed.
(ii)Requiring resource families to comply with corrective action plans as necessary to correct identified deficiencies. If corrective action is not completed as specified in the plan, the foster family agency or the department may rescind the approval of the resource family in accordance with the written directives 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 adopted pursuant to Section 16519.5 of the Welfare and Institutions Code.
(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 (9) of subdivision (f) of Section 16519.5 of the Welfare and Institutions Code.
(J)Ensuring resource family applicants and resource families meet the training requirements set forth in paragraphs (12) to (14), inclusive, of subdivisions (g) and (h) of Section 16519.5 of the Welfare and Institutions Code.
(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)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 adopted pursuant to Section 16519.5 of the Welfare and Institutions Code.
(2)Rescinding approvals of a resource family approved by a foster family agency.
(3)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.
(4)Issuing a temporary suspension order that suspends the resource family approval prior to a hearing, when urgent action is needed to protect a child or nonminor dependent from physical or mental abuse, abandonment, or any other substantial threat to health or safety.
(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 Section 16519.5 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)(1)On and after January 1, 2017, all licensed foster family agencies shall approve resource families in lieu of certifying foster homes. A foster family agency shall require its applicants and resource families to meet the resource family approval standards and requirements set forth in Section 16519.5 of the Welfare and Institutions Code, the written directives adopted thereto, and other applicable laws prior to approval and in order to maintain approval.
(2)No later than July 1, 2017, each foster family agency shall provide the following information to all certified family homes:
(A)A detailed description of the resource family approval program.
(B)Notification that, in order to care for a foster child, resource family approval is required by December 31, 2019.
(C)Notification that a certificate of approval shall be forfeited by operation of law as provided for in paragraph (5).
(3)By no later than January 1, 2018, the following shall apply to all certified family homes:
(A)A certified family home with an approved adoptive home study, completed prior to January 1, 2018, shall be deemed to be an approved resource family.
(B)A certified family home that had a child in placement for any length of time, between January 1, 2017, and December 31, 2017, inclusive, may be approved as a resource family on the date of successful completion of a psychosocial assessment pursuant to subparagraph (B) of paragraph (2) of subdivision (d) of Section 16519.5 of the Welfare and Institutions Code.
(4)A foster family agency may provide supportive services to all certified family homes with a child in placement to assist with the resource family transition and to minimize placement disruptions.
(5)All certificates of approval shall be forfeited by operation of law on December 31, 2019, except as provided in this paragraph:
(A)A certified family home that did not have a child in placement for any length of time between January 1, 2017, and December 31, 2017, inclusive, shall forfeit by operation of law its certificate of approval on January 1, 2018.
(B)For a certified family home with a pending resource family application on December 31, 2019, the certificate of approval shall be forfeited by operation of law on the date of approval as a resource family. If approval is denied, forfeiture by operation of law shall occur on the date of completion of any proceedings required by law to ensure due process.
SEC. 14.Section 1520.1 of the Health and Safety Code is amended to read:1520.1.In addition to Section 1520, applicants for a group home or short-term residential treatment center license shall meet the following requirements:
(a)(1)During the first 12 months of operation, the facility shall operate with a provisional license. After eight months of operation, the department shall conduct a comprehensive review of the facility for compliance with all applicable laws and regulations and help develop a plan of correction with the provisional licensee, if appropriate. By the end of the 12th month of operation, the department shall determine if the permanent license should be issued.
(2)If the department determines that the group home or short-term residential treatment center is in substantial compliance with licensing standards, notwithstanding Section 1525.5, the department may extend the provisional license for up to an additional six months for either of the following reasons:
(A)The group home or short-term residential treatment center requires additional time to be in full compliance with licensing standards.
(B)After 12 months of operation, the group home or short-term residential treatment center is not operating at 50 percent of its licensed capacity.
(3)By no later than the first business day of the 17th month of operation, the department shall conduct an additional review of a facility for which a provisional license is extended pursuant to paragraph (2), in order to determine whether a permanent license should be issued.
(4)At the time of its review pursuant to paragraph (3), the department may extend the term of a provisional license for a period not to exceed two years, only if it determines that this additional time period is required to secure accreditation from an entity identified by the department pursuant to the process described in paragraph (5) of subdivision (b) of Section 11462 of the Welfare and Institutions Code and provided that all other requirements for a license have been met.
(5)The department may deny a group home or short-term residential treatment center license application at any time during the term of the provisional license to protect the health and safety of clients. If the department denies the application, the group home or short-term residential treatment center shall cease operation immediately. Continued operation of the facility after the department denies the application or the provisional license expires shall constitute unlicensed operation.
(6)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 homes or short-term residential treatment centers operation may be filed.
(b)(1)After the production of the booklet provided for in paragraph (2), every member of the group homes board of directors or governing body and every member of a short-term residential treatment centers 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 homes or short-term residential treatment centers 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 providers or short-term residential treatment center providers 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 homes or short-term residential treatment centers operation that are enforced by the department.
(c)All financial records submitted by a facility to the department, or that are submitted as part of an audit of the facility, including, but not limited to, employee timecards and timesheets, shall be signed and dated by the employee and by the group home representative or short-term residential treatment center representative who is responsible for ensuring the accuracy of the information contained in the record, or when a time clock is used, the payroll register shall be signed and dated, and those financial records shall contain an affirmative statement that the signatories understand that the information contained in the document is correct to the best of their knowledge and that submission of false or misleading information may be prosecuted as a crime.
(d)An applicant, provisional licensee, or licensee shall maintain, submit, and sign financial documents to verify the legitimacy and accuracy of these documents. These documents include, but are not limited to, the group home or short-term residential treatment center application, any financial documents and plans of corrections submitted to the department, and time sheets.
(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 facilitys 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 boards or governing bodys discussion of these documents and the group homes or short-term residential treatment centers operation. The licensee shall make available the minutes of group homes or short-term residential treatment centers board of directors or governing body meetings to the department.
SEC. 15.Section 1520.5 of the Health and Safety Code is amended to read:1520.5.(a)The Legislature hereby declares it to be the policy of the state to prevent overconcentrations of residential facilities that impair the integrity of residential neighborhoods. Therefore, the department shall deny an application for a new residential facility license if the department determines that the location is in a proximity to an existing residential facility that would result in overconcentration.
(b)As used in this section, overconcentration means that if a new license is issued, there will be residential facilities that are separated by a distance of 300 feet or less, as measured from any point upon the outside walls of the structures housing those facilities. Based on special local needs and conditions, the department may approve a separation distance of less than 300 feet with the approval of the city or county in which the proposed facility will be located.
(c)At least 45 days prior to approving any application for a new residential facility, the department, or county licensing agency, shall notify, in writing, the planning agency of the city, if the facility is to be located in the city, or the planning agency of the county, if the facility is to be located in an unincorporated area, of the proposed location of the facility.
(d)Any city or county may request denial of the license applied for on the basis of overconcentration of residential facilities.
(e)Nothing in this section authorizes the department, on the basis of overconcentration, to refuse to grant a license upon a change of ownership of an existing residential facility when there is no change in the location of the facility.
(f)Foster family homes and residential facilities for the elderly shall not be considered in determining overconcentration of residential facilities, and license applications for those facilities shall not be denied upon the basis of overconcentration.
(g)Transitional shelter care facilities and temporary shelter care facilities shall not be considered in determining overconcentration of residential facilities, and license applications for those facilities shall not be denied upon the basis of overconcentration.
SEC. 16.Section 1522.2 of the Health and Safety Code is amended to read:1522.2.If a local law enforcement agency, a probation officer, or a local department or agency that provides social services becomes aware that an employee of a community treatment facility, a day treatment facility, a group home, a short-term residential treatment center, or a foster family agency has been arrested for child abuse, as defined in Section 11165.6 of the Penal Code, after determining that the potential for abuse is present and that the employee is free to return to the facility where children are present, the local law enforcement agency, probation officer, or local department or agency shall notify the licensee of the charge of abuse.
SEC. 17.Section 1522.4 of the Health and Safety Code is amended to read:1522.4.(a)In addition to any other requirements of this chapter and except for foster family homes, small family homes, and certified family homes of foster family agencies, all of the following apply to any community care facility providing 24-hour care for children:
(1)The facility shall have one or more facility managers. Facility manager, as used in this section, means a person on the premises with the authority and responsibility necessary to manage and control the day-to-day operation of a community care facility and supervise the clients. The facility manager, licensee, and administrator, or any combination thereof, may be the same person provided he or she meets all applicable requirements. If the administrator is also the facility manager for the same facility, this person shall be limited to the administration and management of only one facility.
(2)The facility manager shall have at least one year of experience working with the client group served, or equivalent education or experience, as determined by the department.
(3)A facility manager shall be at the facility at all times when one or more clients are present. To ensure adequate supervision of clients when clients are at the facility outside of their normal schedule, a current telephone number where the facility manager can be reached shall be provided to the clients, licensing agency, school, and any other agency or person as the department determines is necessary. The facility manager shall instruct these agencies and individuals to notify him or her when clients will be returning to the facility outside of the normal hours.
(4)The Legislature intends to upgrade the quality of care in licensed facilities. For the purposes of Sections 1533 and 1534, the licensed facility shall be inspected and evaluated for quality of care at least once each year, without advance notice and as often as necessary, without advance notice, to ensure the quality of care being provided.
Paragraphs (1), (2), and (3) shall apply only to new facilities licensed for six or fewer children which apply for a license after January 1, 1985, and all other new facilities licensed for seven or more children which apply for a license after January 1, 1988. Existing facilities licensed for seven or more children shall comply by January 1, 1989.
(b)No employee of the state or county employed in the administration of this chapter or employed in a position that is in any way concerned with facilities licensed under this chapter shall hold a license or have a direct or indirect financial interest in a facility described in subdivision (a).
The department, by regulation, shall make the determination pursuant to the purposes of this section and chapter, as to what employment is in the administration of this chapter or in any way concerned with facilities licensed under this chapter and what financial interest is direct or indirect.
This subdivision does not prohibit the state or county from securing a license for, or operating, a facility that is otherwise required to be licensed under this chapter.
(c)(1)No group home, short-term residential treatment center, or foster family agency licensee, or employee, member of the board of directors, or officer of a group home, short-term residential treatment center, or foster family agency licensee, shall offer gifts or other remuneration of any type to any employee of the State Department of Social Services or placement agency that exceeds the monetary limits for gifts to employees of the State of California pursuant to Title 9 (commencing with Section 81000) of the Government Code and regulations adopted thereunder by the Fair Political Practices Commission.
(2)No employee of the department or a placement agency shall accept any gift or other remuneration of any type from a group home, short-term residential treatment center, or foster family agency licensee or employee, member of the board of directors, or officer of a group home, short-term residential treatment center, or foster family agency licensee that exceeds the monetary limits for gifts to employees of the State of California in Title 9 (commencing with Section 81000) of the Government Code and regulations adopted thereunder by the Fair Political Practices Commission.
(3)Violation of this subdivision is punishable as a misdemeanor.
SEC. 18.Section 1522.41 of the Health and Safety Code is amended to read:1522.41.(a)(1)The department, in consultation and collaboration with county placement officials, group home provider organizations, the Director of Health Care Services, and the Director of Developmental Services, shall develop and establish an administrator certification training program to ensure that administrators of group home facilities have appropriate training to provide the care and services for which a license or certificate is issued.
(2)The department shall develop and establish an administrator certification training program to ensure that administrators of short-term residential treatment center facilities have appropriate training to provide the care and services for which a license or certificate is issued.
(b)(1)In addition to any other requirements or qualifications required by the department, an administrator of a group home or short-term residential treatment center shall successfully complete a specified department-approved training certification program, pursuant to subdivision (c), prior to employment.
(2)In those cases where the individual is both the licensee and the administrator of a facility, the individual shall comply with all of the licensee and administrator requirements of this section.
(3)Failure to comply with this section shall constitute cause for revocation of the license of the facility.
(4)The licensee shall notify the department within 10 days of any change in administrators.
(c)(1)The administrator certification programs for group homes shall require a minimum of 40 hours of classroom instruction that provides training on a uniform core of knowledge in each of the following areas:
(A)Laws, regulations, and policies and procedural standards that impact the operations of the type of facility for which the applicant will be an administrator.
(B)Business operations.
(C)Management and supervision of staff.
(D)Psychosocial and educational needs of the facility residents.
(E)Community and support services.
(F)Physical needs of facility residents.
(G) Assistance with self-administration, storage, misuse, and interaction of medication used by facility residents.
(H)Resident admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(I)Instruction on cultural competency and sensitivity 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.
(J)Nonviolent emergency intervention and reporting requirements.
(K)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(2)The administrator certification programs for short-term residential treatment centers shall require a minimum of 40 hours of classroom instruction that provides training on a uniform core of knowledge in each of the following areas:
(A)Laws, regulations, and policies and procedural standards that impact the operations of the type of facility for which the applicant will be an administrator.
(B)Business operations and management and supervision of staff, including staff training.
(C)Physical and psychosocial needs of the children, including behavior management, de-escalation techniques, and trauma informed crisis management planning.
(D)Permanence, well-being, and educational needs of the children.
(E)Community and support services, including accessing local behavioral and mental health supports and interventions, substance use disorder treatments, and culturally relevant services, as appropriate.
(F)Understanding the requirements and best practices regarding psychotropic medications, including, but not limited to, court authorization, uses, benefits, side effects, interactions, assistance with self-administration, misuse, documentation, storage, and metabolic monitoring of children prescribed psychotropic medications.
(G)Admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(H)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 as including culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership, and connection to the tribal community and traditions.
(I)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.
(J)Nonviolent emergency intervention and reporting requirements.
(K)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(d)Administrators who possess a valid group home license, issued by the department, are exempt from completing an approved initial certification training program and taking a written test, provided the individual completes 12 hours of classroom instruction in the following uniform core of knowledge areas:
(1)Laws, regulations, and policies and procedural standards that impact the operations of a short-term residential treatment center.
(2)(A)Authorization, uses, benefits, side effects, interactions, assistance with self-administration, misuse, documentation, and storage of medications.
(B)Metabolic monitoring of children prescribed psychotropic medications.
(3)Admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(4)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 as including culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership, and connection to the tribal community and traditions.
(5)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.
(6)Physical and psychosocial needs of children, including behavior management, deescalation techniques, and trauma informed crisis management planning.
(e)Individuals applying for administrator certification under this section shall successfully complete an approved administrator certification training program, pass a written test administered by the department within 60 days of completing the program, and submit to the department the documentation required by subdivision (f) within 30 days after being notified of having passed the test. The department may extend these time deadlines for good cause. The department shall notify the applicant of his or her test results within 30 days of administering the test.
(f)The department shall not begin the process of issuing a certificate until receipt of all of the following:
(1)A certificate of completion of the administrator training required pursuant to this chapter.
(2)The fee required for issuance of the certificate. A fee of one hundred dollars ($100) shall be charged by the department to cover the costs of processing the application for certification.
(3)Documentation from the applicant that he or she has passed the written test.
(4)Submission of fingerprints pursuant to Section 1522. The department may waive the submission for those persons who have a current clearance on file.
(5)That person is at least 21 years of age.
(g)It shall be unlawful for any person not certified under this section to hold himself or herself out as a certified administrator of a group home or short-term residential treatment center. Any person willfully making any false representation as being a certified administrator or facility manager is guilty of a misdemeanor.
(h)(1)Certificates issued under this section shall be renewed every two years and renewal shall be conditional upon the certificate holder submitting documentation of completion of 40 hours of continuing education related to the core of knowledge specified in subdivision (c). No more than one-half of the required 40 hours of continuing education necessary to renew the certificate may be satisfied through online courses. All other continuing education hours shall be completed in a classroom setting. For purposes of this section, an individual who is a group home or short-term residential treatment center administrator and who is required to complete the continuing education hours required by the regulations of the State Department of Developmental Services, and approved by the regional center, may have up to 24 of the required continuing education course hours credited toward the 40-hour continuing education requirement of this section. The department shall accept for certification, community college course hours approved by the regional centers.
(2)Every administrator of a group home or short-term residential treatment center shall complete the continuing education requirements of this subdivision.
(3)Certificates issued under this section shall expire every two years on the anniversary date of the initial issuance of the certificate, except that any administrator receiving his or her initial certification on or after July 1, 1999, shall make an irrevocable election to have his or her recertification date for any subsequent recertification either on the date two years from the date of issuance of the certificate or on the individuals birthday during the second calendar year following certification. The department shall send a renewal notice to the certificate holder 90 days prior to the expiration date of the certificate. If the certificate is not renewed prior to its expiration date, reinstatement shall only be permitted after the certificate holder has paid a delinquency fee equal to three times the renewal fee and has provided evidence of completion of the continuing education required.
(4)To renew a certificate, the certificate holder shall, on or before the certificate expiration date, request renewal by submitting to the department documentation of completion of the required continuing education courses and pay the renewal fee of one hundred dollars ($100), irrespective of receipt of the departments notification of the renewal. A renewal request postmarked on or before the expiration of the certificate shall be proof of compliance with this paragraph.
(5)A suspended or revoked certificate shall be subject to expiration as provided for in this section. If reinstatement of the certificate is approved by the department, the certificate holder, as a condition precedent to reinstatement, shall submit proof of compliance with paragraphs (1) and (2) of this subdivision, and shall pay a fee in an amount equal to the renewal fee, plus the delinquency fee, if any, accrued at the time of its revocation or suspension. Delinquency fees, if any, accrued subsequent to the time of its revocation or suspension and prior to an order for reinstatement, shall be waived for a period of 12 months to allow the individual sufficient time to complete the required continuing education units and to submit the required documentation. Individuals whose certificates will expire within 90 days after the order for reinstatement may be granted a three-month extension to renew their certificates during which time the delinquency fees shall not accrue.
(6)A certificate that is not renewed within four years after its expiration shall not be renewed, restored, reissued, or reinstated except upon completion of a certification training program, passing any test that may be required of an applicant for a new certificate at that time, and paying the appropriate fees provided for in this section.
(7)A fee of twenty-five dollars ($25) shall be charged for the reissuance of a lost certificate.
(8)A certificate holder shall inform the department of his or her employment status and change of mailing address within 30 days of any change.
(i)Unless otherwise ordered by the department, the certificate shall be considered forfeited under either of the following conditions:
(1)The department has revoked any license held by the administrator after the department issued the certificate.
(2)The department has issued an exclusion order against the administrator pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897, after the department issued the certificate, and the administrator did not appeal the exclusion order or, after the appeal, the department issued a decision and order that upheld the exclusion order.
(j)(1)The department, in consultation and collaboration with county placement officials, provider organizations, the State Department of Health Care Services, and the State Department of Developmental Services, shall establish, by regulation, the program content, the testing instrument, the process for approving administrator certification training programs, and criteria to be used in authorizing individuals, organizations, or educational institutions to conduct certification training programs and continuing education courses. The department may also grant continuing education hours for continuing courses offered by accredited educational institutions that are consistent with the requirements in this section. The department may deny vendor approval to any agency or person in any of the following circumstances:
(A)The applicant has not provided the department with evidence satisfactory to the department of the ability of the applicant to satisfy the requirements of vendorization set out in the regulations adopted by the department.
(B)The applicant person or agency has a conflict of interest in that the person or agency places its clients in group homes or short-term residential treatment centers.
(C)The applicant public or private agency has a conflict of interest in that the agency is mandated to place clients in group homes or short-term residential treatment centers and to pay directly for the services. The department may deny vendorization to this type of agency only as long as there are other vendor programs available to conduct the certification training programs and conduct education courses.
(2)The department may authorize vendors to conduct the administrators certification training program pursuant to this section. The department shall conduct the written test pursuant to regulations adopted by the department.
(3)The department shall prepare and maintain an updated list of approved training vendors.
(4)The department may inspect administrator certification training programs and continuing education courses, including online courses, at no charge to the department, to determine if content and teaching methods comply with regulations. If the department determines that any vendor is not complying with the requirements of this section, the department shall take appropriate action to bring the program into compliance, which may include removing the vendor from the approved list.
(5)The department shall establish reasonable procedures and timeframes not to exceed 30 days for the approval of vendor training programs.
(6)The department may charge a reasonable fee, not to exceed one hundred fifty dollars ($150) every two years, to certification program vendors for review and approval of the initial 40-hour training program pursuant to subdivision (c). The department may also charge the vendor a fee, not to exceed one hundred dollars ($100) every two years, for the review and approval of the continuing education courses needed for recertification pursuant to this subdivision.
(7)(A)A vendor of online programs for continuing education shall ensure that each online course contains all of the following:
(i)An interactive portion in which the participant receives feedback, through online communication, based on input from the participant.
(ii)Required use of a personal identification number or personal identification information to confirm the identity of the participant.
(iii)A final screen displaying a printable statement, to be signed by the participant, certifying that the identified participant completed the course. The vendor shall obtain a copy of the final screen statement with the original signature of the participant prior to the issuance of a certificate of completion. The signed statement of completion shall be maintained by the vendor for a period of three years and be available to the department upon demand. Any person who certifies as true any material matter pursuant to this clause that he or she knows to be false is guilty of a misdemeanor.
(B)Nothing in this subdivision shall prohibit the department from approving online programs for continuing education that do not meet the requirements of subparagraph (A) if the vendor demonstrates to the departments satisfaction that, through advanced technology, the course and the course delivery meet the requirements of this section.
(k)The department shall establish a registry for holders of certificates that shall include, at a minimum, information on employment status and criminal record clearance.
(l)Notwithstanding any law to the contrary, vendors approved by the department who exclusively provide either initial or continuing education courses for certification of administrators of a group home or short-term residential treatment center as defined by regulations of the department, an adult residential facility as defined by regulations of the department, or a residential care facility for the elderly as defined in subdivision (k) of Section 1569.2, shall be regulated solely by the department pursuant to this chapter. No other state or local governmental entity shall be responsible for regulating the activity of those vendors.
SEC. 18.5.Section 1522.41 of the Health and Safety Code is amended to read:1522.41.(a)(1)The department, in consultation and collaboration with county placement officials, group home provider organizations, the Director of Health Care Services, and the Director of Developmental Services, shall develop and establish an administrator certification training program to ensure that administrators of group home facilities have appropriate training to provide the care and services for which a license or certificate is issued.
(2)The department shall develop and establish an administrator certification training program to ensure that administrators of short-term residential treatment center facilities have appropriate training to provide the care and services for which a license or certificate is issued.
(b)(1)In addition to any other requirements or qualifications required by the department, an administrator of a group home or short-term residential treatment center shall successfully complete a specified department-approved training certification program, pursuant to subdivision (c), prior to employment.
(2)In those cases when the individual is both the licensee and the administrator of a facility, the individual shall comply with all of the licensee and administrator requirements of this section.
(3)Failure to comply with this section shall constitute cause for revocation of the license of the facility.
(4)The licensee shall notify the department within 10 days of any change in administrators.
(c)(1)The administrator certification programs for group homes shall require a minimum of 40 hours of classroom instruction that provides training on a uniform core of knowledge in each of the following areas:
(A)Laws, regulations, and policies and procedural standards that impact the operations of the type of facility for which the applicant will be an administrator.
(B)Business operations.
(C)Management and supervision of staff.
(D)Psychosocial and educational needs of the facility residents, including, but not limited to, the information described in subdivision (d) of Section 16501.4 of the Welfare and Institutions Code.
(E)Community and support services.
(F)Physical needs of facility residents.
(G)Assistance with self-administration, storage, misuse, and interaction of medication used by facility residents.
(H)Resident admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(I)Instruction on cultural competency and sensitivity 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.
(J)Nonviolent emergency intervention and reporting requirements.
(K)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(2)The administrator certification programs for short-term residential treatment centers shall require a minimum of 40 hours of classroom instruction that provides training on a uniform core of knowledge in each of the following areas:
(A)Laws, regulations, and policies and procedural standards that impact the operations of the type of facility for which the applicant will be an administrator.
(B)Business operations and management and supervision of staff, including staff training.
(C)Physical and psychosocial needs of the children, including behavior management, de-escalation techniques, and trauma informed crisis management planning.
(D)Permanence, well-being, and educational needs of the children.
(E)Community and support services, including accessing local behavioral and mental health supports and interventions, substance use disorder treatments, and culturally relevant services, as appropriate.
(F)Understanding the requirements and best practices regarding psychotropic medications, including, but not limited to, court authorization, uses, benefits, side effects, interactions, assistance with self-administration, misuse, documentation, storage, and metabolic monitoring of children prescribed psychotropic medications.
(G)Admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(H)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 as including culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership, and connection to the tribal community and traditions.
(I)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.
(J)Nonviolent emergency intervention and reporting requirements.
(K)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(d)Administrators who possess a valid group home license, issued by the department, are exempt from completing an approved initial certification training program and taking a written test, provided the individual completes 12 hours of classroom instruction in the following uniform core of knowledge areas:
(1)Laws, regulations, and policies and procedural standards that impact the operations of a short-term residential treatment center.
(2)(A)Authorization, uses, benefits, side effects, interactions, assistance with self-administration, misuse, documentation, and storage of medications.
(B)Metabolic monitoring of children prescribed psychotropic medications.
(3)Admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(4)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 as including culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership, and connection to the tribal community and traditions.
(5)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.
(6)Physical and psychosocial needs of children, including behavior management, deescalation techniques, and trauma informed crisis management planning.
(e)Individuals applying for administrator certification under this section shall successfully complete an approved administrator certification training program, pass a written test administered by the department within 60 days of completing the program, and submit to the department the documentation required by subdivision (f) within 30 days after being notified of having passed the test. The department may extend these time deadlines for good cause. The department shall notify the applicant of his or her test results within 30 days of administering the test.
(f)The department shall not begin the process of issuing a certificate until receipt of all of the following:
(1)A certificate of completion of the administrator training required pursuant to this chapter.
(2)The fee required for issuance of the certificate. A fee of one hundred dollars ($100) shall be charged by the department to cover the costs of processing the application for certification.
(3)Documentation from the applicant that he or she has passed the written test.
(4)Submission of fingerprints pursuant to Section 1522. The department may waive the submission for those persons who have a current clearance on file.
(5)That person is at least 21 years of age.
(g)It shall be unlawful for any person not certified under this section to hold himself or herself out as a certified administrator of a group home or short-term residential treatment center. Any person willfully making any false representation as being a certified administrator or facility manager is guilty of a misdemeanor.
(h)(1)Certificates issued under this section shall be renewed every two years and renewal shall be conditional upon the certificate holder submitting documentation of completion of 40 hours of continuing education related to the core of knowledge specified in subdivision (c). No more than one-half of the required 40 hours of continuing education necessary to renew the certificate may be satisfied through online courses. All other continuing education hours shall be completed in a classroom setting. For purposes of this section, an individual who is a group home or short-term residential treatment center administrator and who is required to complete the continuing education hours required by the regulations of the State Department of Developmental Services, and approved by the regional center, may have up to 24 of the required continuing education course hours credited toward the 40-hour continuing education requirement of this section. The department shall accept for certification, community college course hours approved by the regional centers.
(2)Every administrator of a group home or short-term residential treatment center shall complete the continuing education requirements of this subdivision.
(3)Certificates issued under this section shall expire every two years on the anniversary date of the initial issuance of the certificate, except that any administrator receiving his or her initial certification on or after July 1, 1999, shall make an irrevocable election to have his or her recertification date for any subsequent recertification either on the date two years from the date of issuance of the certificate or on the individuals birthday during the second calendar year following certification. The department shall send a renewal notice to the certificate holder 90 days prior to the expiration date of the certificate. If the certificate is not renewed prior to its expiration date, reinstatement shall only be permitted after the certificate holder has paid a delinquency fee equal to three times the renewal fee and has provided evidence of completion of the continuing education required.
(4)To renew a certificate, the certificate holder shall, on or before the certificate expiration date, request renewal by submitting to the department documentation of completion of the required continuing education courses and pay the renewal fee of one hundred dollars ($100), irrespective of receipt of the departments notification of the renewal. A renewal request postmarked on or before the expiration of the certificate shall be proof of compliance with this paragraph.
(5)A suspended or revoked certificate shall be subject to expiration as provided for in this section. If reinstatement of the certificate is approved by the department, the certificate holder, as a condition precedent to reinstatement, shall submit proof of compliance with paragraphs (1) and (2) of this subdivision, and shall pay a fee in an amount equal to the renewal fee, plus the delinquency fee, if any, accrued at the time of its revocation or suspension. Delinquency fees, if any, accrued subsequent to the time of its revocation or suspension and prior to an order for reinstatement, shall be waived for a period of 12 months to allow the individual sufficient time to complete the required continuing education units and to submit the required documentation. Individuals whose certificates will expire within 90 days after the order for reinstatement may be granted a three-month extension to renew their certificates during which time the delinquency fees shall not accrue.
(6)A certificate that is not renewed within four years after its expiration shall not be renewed, restored, reissued, or reinstated except upon completion of a certification training program, passing any test that may be required of an applicant for a new certificate at that time, and paying the appropriate fees provided for in this section.
(7)A fee of twenty-five dollars ($25) shall be charged for the reissuance of a lost certificate.
(8)A certificate holder shall inform the department of his or her employment status and change of mailing address within 30 days of any change.
(i)Unless otherwise ordered by the department, the certificate shall be considered forfeited under either of the following conditions:
(1)The department has revoked any license held by the administrator after the department issued the certificate.
(2)The department has issued an exclusion order against the administrator pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897, after the department issued the certificate, and the administrator did not appeal the exclusion order or, after the appeal, the department issued a decision and order that upheld the exclusion order.
(j)(1)The department, in consultation and collaboration with county placement officials, provider organizations, the State Department of Health Care Services, and the State Department of Developmental Services, shall establish, by regulation, the program content, the testing instrument, the process for approving administrator certification training programs, and criteria to be used in authorizing individuals, organizations, or educational institutions to conduct certification training programs and continuing education courses. The department may also grant continuing education hours for continuing courses offered by accredited educational institutions that are consistent with the requirements in this section. The department may deny vendor approval to any agency or person in any of the following circumstances:
(A)The applicant has not provided the department with evidence satisfactory to the department of the ability of the applicant to satisfy the requirements of vendorization set out in the regulations adopted by the department.
(B)The applicant person or agency has a conflict of interest in that the person or agency places its clients in group homes or short-term residential treatment centers.
(C)The applicant public or private agency has a conflict of interest in that the agency is mandated to place clients in group homes or short-term residential treatment centers and to pay directly for the services. The department may deny vendorization to this type of agency only as long as there are other vendor programs available to conduct the certification training programs and conduct education courses.
(2)The department may authorize vendors to conduct the administrators certification training program pursuant to this section. The department shall conduct the written test pursuant to regulations adopted by the department.
(3)The department shall prepare and maintain an updated list of approved training vendors.
(4)The department may inspect administrator certification training programs and continuing education courses, including online courses, at no charge to the department, to determine if content and teaching methods comply with regulations. If the department determines that any vendor is not complying with the requirements of this section, the department shall take appropriate action to bring the program into compliance, which may include removing the vendor from the approved list.
(5)The department shall establish reasonable procedures and timeframes not to exceed 30 days for the approval of vendor training programs.
(6)The department may charge a reasonable fee, not to exceed one hundred fifty dollars ($150) every two years, to certification program vendors for review and approval of the initial 40-hour training program pursuant to subdivision (c). The department may also charge the vendor a fee, not to exceed one hundred dollars ($100) every two years, for the review and approval of the continuing education courses needed for recertification pursuant to this subdivision.
(7)(A)A vendor of online programs for continuing education shall ensure that each online course contains all of the following:
(i)An interactive portion in which the participant receives feedback, through online communication, based on input from the participant.
(ii)Required use of a personal identification number or personal identification information to confirm the identity of the participant.
(iii)A final screen displaying a printable statement, to be signed by the participant, certifying that the identified participant completed the course. The vendor shall obtain a copy of the final screen statement with the original signature of the participant prior to the issuance of a certificate of completion. The signed statement of completion shall be maintained by the vendor for a period of three years and be available to the department upon demand. Any person who certifies as true any material matter pursuant to this clause that he or she knows to be false is guilty of a misdemeanor.
(B)Nothing in this subdivision shall prohibit the department from approving online programs for continuing education that do not meet the requirements of subparagraph (A) if the vendor demonstrates to the departments satisfaction that, through advanced technology, the course and the course delivery meet the requirements of this section.
(k)The department shall establish a registry for holders of certificates that shall include, at a minimum, information on employment status and criminal record clearance.
(l)Notwithstanding any law to the contrary, vendors approved by the department who exclusively provide either initial or continuing education courses for certification of administrators of a group home or short-term residential treatment center as defined by regulations of the department, an adult residential facility as defined by regulations of the department, or a residential care facility for the elderly as defined in subdivision (k) of Section 1569.2, shall be regulated solely by the department pursuant to this chapter. No other state or local governmental entity shall be responsible for regulating the activity of those vendors.
SEC. 19.Section 1522.43 of the Health and Safety Code is amended to read:1522.43.(a)(1)For the duties the department imposes on a group home administrator or short-term residential treatment center administrator in this chapter and in regulations adopted by the department, every group home and short-term residential treatment center shall state in its plan of operation, the number of hours per week that the administrator shall spend completing those duties and how the group home administrator or short-term residential treatment center administrator shall accomplish those duties, including use of support personnel.
(2)For initial applicants, the information in paragraph (1) shall be contained in the plan of operation submitted to the department in the application.
(3)For current licensees, the licensee shall submit an amended plan of operation that contains the information required by paragraph (1) within six months of the effective date of this section. For changes in the group home administrator duties imposed by the department in this chapter or in regulations, a current licensee shall have six months after the effective date of those duties to submit an amended plan of operation to reflect the new administrator duties.
(b)(1)The department may review a group homes or short-term residential treatment centers plan of operation to determine if the plan of operation is sufficient to ensure that the facility will operate in compliance with applicable licensing laws and regulations. As part of the review, the department may request that a peer review panel review the plan of operation for a group home as prescribed in paragraph (2), or for a short-term residential treatment center as prescribed in paragraph (3).
(2)The peer review panel shall consist of two representatives from the department, including one from the unit that governs programs and one from the unit that governs licensing, a qualified group home administrator, an experienced group home provider in good standing, and a member or members from the placement agency or agencies that place children in group homes, and may also include the local county behavioral health department, as appropriate.
(3)The peer review panel shall consist of two representatives from the department, including one from the unit that governs programs and one from the unit that governs licensing, a qualified short-term residential treatment center administrator, a short-term residential treatment center provider in good standing, and a member or members from the placement agency or agencies that place children in short-term residential treatment centers, and may also include the local county behavioral health department, as appropriate.
(c)A group home or short-term residential treatment center shall develop a daily schedule of activities for the children at the facility. The facility shall have this schedule available for inspection by the department. The activities in which the children are scheduled to participate shall be designed to meet the needs of the individual child, and shall be based on that childs needs and services plan.
(d)The department shall establish a process, no later than January 1, 2017, for convening the peer review panel as set forth in subdivision (b) for review of the plans of operation for short-term residential treatment centers, and shall develop this process in consultation with the County Welfare Directors Association of California, Chief Probation Officers of California, County Behavioral Health Directors Association of California, and stakeholders.
SEC. 20.Section 1524 of the Health and Safety Code is amended to read:1524.A license shall be forfeited by operation of law when one of the following occurs:
(a)The licensee sells or otherwise transfers the facility or facility property, except when change of ownership applies to transferring of stock when the facility is owned by a corporation, and when the transfer of stock does not constitute a majority change of ownership.
(b)The licensee surrenders the license to the department.
(c)(1)The licensee moves a facility from one location to another. The department shall develop regulations to ensure that the facilities are not charged a full licensing fee and do not have to complete the entire application process when applying for a license for the new location.
(2)This subdivision shall not apply to a licensed foster family home, a home certified by a licensed foster family agency, or a home approved pursuant to Sections 309, 361.4, and 361.45 of the Welfare and Institutions Code. When a foster family home licensee, certified home parent, or a person approved to care for children pursuant to Sections 309, 361.4, and 361.45 of the Welfare and Institutions Code moves to a new location, the existing license, certification, or approval may be transferred to the new location. All caregivers to whom this paragraph applies shall be required to meet all applicable licensing laws and regulations at the new location.
(d)The licensee is convicted of an offense specified in Section 220, 243.4, or 264.1, or paragraph (1) of Section 273a, Section 273d, 288, or 289 of the Penal Code, or is convicted of another crime specified in subdivision (c) of Section 667.5 of the Penal Code.
(e)The licensee dies. If an adult relative notifies the department of his or her desire to continue operation of the facility and submits an application, the department shall expedite the application. The department shall promulgate regulations for expediting applications submitted pursuant to this subdivision.
(f)The licensee abandons the facility.
(g)When the certification issued by the State Department of Developmental Services to a licensee of an Adult Residential Facility for Persons with Special Health Care Needs, licensed pursuant to Article 9 (commencing with Section 1567.50), is rescinded.
(h)When the certification issued by the State Department of Developmental Services to a licensee of an enhanced behavioral supports home, licensed pursuant to Article 9.5 (commencing with Section 1567.61), is rescinded.
(i)When the certificate of program approval issued 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, to a licensee of a community crisis home, licensed pursuant to Article 9.7 (commencing with Section 1567.80), is rescinded.
(j)A group home license issued to a county shall be forfeited by operation of law when the county receives a license to operate a temporary shelter care facility in accordance with Section 1530.8.
(k)A temporary shelter care facility license issued to a private, nonprofit organization under contract with a county shall be forfeited by operation of law upon termination of the contract in accordance with Section 1530.8.
(l)A foster family home license shall be forfeited by operation of law as provided in paragraph (4) of subdivision (r) of Section 16519.5 of the Welfare and Institutions Code.
SEC. 21.Section 1524.6 of the Health and Safety Code is amended to read:1524.6.(a)In addition to any other requirement of this chapter, any group home or short-term residential treatment center, as defined by regulations of the department, providing care for any number of persons, that is not already subject to the requirements of Section 1524.5, shall provide a procedure approved by the licensing agency for immediate response to incidents and complaints, as defined by regulations of the department. This procedure shall include a method of ensuring that the owner, licensee, or person designated by the owner or licensee is notified of the incident or complaint, that the owner, licensee, or person designated by the owner or licensee has personally investigated the matter, and that the person making the complaint or reporting the incident has received a written response, within 30 days of receiving the complaint, of action taken, or a reason why no action needs to be taken.
(b)In order to ensure the opportunity for complaints to be made directly to the owner, licensee, or person designated by the owner or licensee, and to provide the opportunity for the owner, licensee, or person designated by the owner or licensee to meet neighborhood residents and learn of problems in the neighborhood, any group home or short-term residential treatment center shall establish a fixed time on a periodic basis when the owner, licensee, or person designated by the owner or licensee will be present. At this fixed time, information shall be provided to neighborhood residents of the complaint procedure pursuant to Section 1538.
(c)Facilities shall establish procedures to comply with the requirements of this section on or before July 1, 2005.
(d)This section shall not apply to family homes certified by foster family agencies, foster family homes, and small family homes. It is not the intent of the Legislature that this section be applied in a way that is contrary to the childs best interests.
SEC. 22.Section 1525.5 of the Health and Safety Code is amended to read:1525.5.(a) The department may issue provisional licenses to operate community care facilities for facilities that the director determines are in substantial compliance with this chapter and the rules and regulations adopted pursuant to this chapter, provided that no life safety risks are involved, as determined by the director. In determining whether any life safety risks are involved, the director shall require completion of all applicable fire clearances and criminal record clearances as otherwise required by the departments rules and regulations. The provisional license shall expire six months from the date of issuance, or at any earlier time as the director may determine, and may not be renewed. However, the director may extend the term of a provisional license for an additional six months at time of application, if it is determined that more than six months will be required to achieve full compliance with licensing standards due to circumstances beyond the control of the applicant, provided all other requirements for a license have been met.
(b) This section shall not apply to foster family homes.
(c)Notwithstanding subdivision (a), the department may extend the term of a provisional license issued to a foster family agency, not to exceed two years, if it determines that this additional time is required to secure accreditation from an entity identified by the department pursuant to paragraph (8) of subdivision (b) of Section 11463 of the Welfare and Institutions Code and provided that all other requirements for a license have been met.
SEC. 23.Section 1529.2 of the Health and Safety Code is amended to read:1529.2.(a)In addition to the foster parent training provided by community colleges, foster family agencies shall provide a program of training for their certified foster families.
(b)(1)Every licensed foster parent shall complete a minimum of 12 hours of foster parent training, as prescribed in paragraph (3), before the placement of any foster children with the foster parent. In addition, a foster parent shall complete a minimum of eight hours of foster parent training annually, as prescribed in paragraph (4). No child shall be placed in a foster family home unless these requirements are met by the persons in the home who are serving as the foster parents.
(2)(A)Upon the request of the foster parent for a hardship waiver from the postplacement training requirement or a request for an extension of the deadline, the county may, at its option, on a case-by-case basis, waive the postplacement training requirement or extend any established deadline for a period not to exceed one year, if the postplacement training requirement presents a severe and unavoidable obstacle to continuing as a foster parent. Obstacles for which a county may grant a hardship waiver or extension are:
(i)Lack of access to training due to the cost or travel required.
(ii)Family emergency.
(B)Before a waiver or extension may be granted, the foster parent should explore the opportunity of receiving training by video or written materials.
(3)The initial preplacement training shall include, but not be limited to, training courses that cover all of the following:
(A)An overview of the child protective system.
(B)The effects of child abuse and neglect on child development.
(C)Positive discipline and the importance of self-esteem.
(D)Health issues in foster care, including, but not limited to, the authorization, uses, risks, benefits, assistance with self-administration, oversight, and monitoring of psychotropic or other medications, and trauma, mental health, and substance use disorder treatments, for children in foster care under the jurisdiction of the juvenile court, including how to access those treatments.
(E)Accessing education and health services available to foster children.
(F)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(G)Instruction on cultural competency and sensitivity 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.
(H)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(4)The postplacement annual training shall include, but not be limited to, training courses that cover all of the following:
(A)Age-appropriate child development.
(B)Health issues in foster care.
(C)Positive discipline and the importance of self-esteem.
(D)Emancipation and independent living skills if a foster parent is caring for youth.
(E)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(F)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(5)Foster parent training may be attained through a variety of sources, including community colleges, counties, hospitals, foster parent associations, the California State Foster Parent Associations Conference, adult schools, and certified foster parent instructors.
(6)A candidate for placement of foster children shall submit a certificate of training to document completion of the training requirements. The certificate shall be submitted with the initial consideration for placements and provided at the time of the annual visit by the licensing agency thereafter.
(c)Nothing in this section shall preclude a county from requiring county-provided preplacement or postplacement foster parent training in excess of the requirements in this section.
(d)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 23.5.Section 1529.2 of the Health and Safety Code is amended to read:1529.2.(a)In addition to the foster parent training provided by community colleges, foster family agencies shall provide a program of training for their certified foster families.
(b)(1)Every licensed foster parent shall complete a minimum of 12 hours of foster parent training, as prescribed in paragraph (3), before the placement of any foster children with the foster parent. In addition, a foster parent shall complete a minimum of eight hours of foster parent training annually, as prescribed in paragraph (4). No child shall be placed in a foster family home unless these requirements are met by the persons in the home who are serving as the foster parents.
(2)(A)Upon the request of the foster parent for a hardship waiver from the postplacement training requirement or a request for an extension of the deadline, the county may, at its option, on a case-by-case basis, waive the postplacement training requirement or extend any established deadline for a period not to exceed one year, if the postplacement training requirement presents a severe and unavoidable obstacle to continuing as a foster parent. Obstacles for which a county may grant a hardship waiver or extension are:
(i)Lack of access to training due to the cost or travel required.
(ii)Family emergency.
(B)Before a waiver or extension may be granted, the foster parent should explore the opportunity of receiving training by video or written materials.
(3)The initial preplacement training shall include, but not be limited to, training courses that cover all of the following:
(A)An overview of the child protective system.
(B)The effects of child abuse and neglect on child development.
(C)Positive discipline and the importance of self-esteem.
(D)Health issues in foster care, including, but not limited to, the authorization, uses, risks, benefits, assistance with self-administration, oversight, and monitoring or psychotropic or other medications, and trauma, mental health, and substance use disorder treatments, for children in foster care under the jurisdiction of the juvenile court, including how to access those treatments, as the information is also described in subdivision (d) of Section 16501.4 of the Welfare and Institutions Code.
(E)Accessing education and health services available to foster children.
(F)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(G)Instruction on cultural competency and sensitivity 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.
(H)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(4)The postplacement annual training shall include, but not be limited to, training courses that cover all of the following:
(A)Age-appropriate child development.
(B)Health issues in foster care, including, but not limited to, the information described in subdivision (d) of Section 16501.4 of the Welfare and Institutions Code.
(C)Positive discipline and the importance of self-esteem.
(D)Emancipation and independent living skills if a foster parent is caring for youth.
(E)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(F)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(5)Foster parent training may be attained through a variety of sources, including community colleges, counties, hospitals, foster parent associations, the California State Foster Parent Associations conference, adult schools, and certified foster parent instructors.
(6)A candidate for placement of foster children shall submit a certificate of training to document completion of the training requirements. The certificate shall be submitted with the initial consideration for placements and provided at the time of the annual visit by the licensing agency thereafter.
(c)Nothing in this section shall preclude a county from requiring county-provided preplacement or postplacement foster parent training in excess of the requirements in this section.
(d)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 24.Section 1529.2 is added to the Health and Safety Code, to read:1529.2.(a)It is the intent of the Legislature that all foster parents have the necessary knowledge, skills, and abilities to support the safety, permanency, and well-being of children in foster care. Initial and ongoing preparation and training of foster parents should support the foster parents role in parenting vulnerable children, youth, and young adults, including supporting the childrens connection with their families. Their training should be ongoing in order to provide foster parents with information on new practices and requirements and other helpful topics within the child welfare and probation systems and may be offered in a classroom setting, online, or individually.
(b)A licensed or certified foster parent shall complete a minimum of eight training hours annually, a portion of which shall be from one or more of the following topics, as prescribed by the department, pursuant to subdivision (a):
(1)Age-appropriate child and adolescent development.
(2)Health issues in foster care, including, but not limited to, the authorization, uses, risks, benefits, assistance with self-administration, oversight, and monitoring of psychotropic or other medications, and trauma, mental health, and substance use disorder treatments for children in foster care under the jurisdiction of the juvenile court, including how to access those treatments.
(3)Positive discipline and the importance of self-esteem.
(4)Preparation of children and youth for a successful transition to adulthood.
(5)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(6)Instruction on cultural competency and 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.
(c)In addition to any training required by this section, a foster parent may be required to receive specialized training, as relevant, for the purpose of preparing the foster parent 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 cultural needs of children, including, but not limited to, cultural competency and sensitivity and related best practices for providing adequate care to children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender.
(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.
(d)No child shall be placed with a foster parent unless each foster parent in the home meets the requirements of this section.
(e)(1)Upon the request of the licensed or certified foster parent for a hardship waiver from the annual training requirement or a request for an extension of the deadline, the county may, at its option, on a case-by-case basis, waive the training requirement or extend any established deadline for a period not to exceed one year, if the training requirement presents a severe and unavoidable obstacle to continuing as a foster parent.
(2)Obstacles for which a county may grant a hardship waiver or extension are:
(A)Lack of access to training due to the cost or travel required or lack of child care to participate in the training, when online resources are not available.
(B)Family emergency.
(3)Before a waiver or extension may be granted, the licensed or certified foster parent should explore the opportunity of receiving training online or by video or written materials.
(f)(1)Foster parent training may be obtained through sources that include, but are not necessarily limited to, community colleges, counties, hospitals, foster parent associations, the California State Foster Parent Associations Conference, online resources, adult schools, and certified foster parent instructors.
(2)In addition to the foster parent training provided by community colleges, foster family agencies shall provide a program of training for their certified foster families.
(g)(1)Training certificates shall be submitted to the appropriate licensing or foster family agency.
(2)Upon completion, a licensed or certified parent shall submit a certificate of completion for the annual training requirements.
(h)Nothing in this section shall preclude a county or a foster family agency from requiring foster parent training in excess of the requirements in this section.
(i)This section shall become operative on January 1, 2017.
(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. 24.5.Section 1529.2 is added to the Health and Safety Code, to read:1529.2.(a)It is the intent of the Legislature that all foster parents have the necessary knowledge, skills, and abilities to support the safety, permanency, and well-being of children in foster care. Initial and ongoing preparation and training of foster parents should support the foster parents role in parenting vulnerable children, youth, and young adults, including supporting the childrens connection with their families. Their training should be ongoing in order to provide foster parents with information on new practices and requirements and other helpful topics within the child welfare and probation systems and may be offered in a classroom setting, online, or individually.
(b)A licensed or certified foster parent shall complete a minimum of eight training hours annually, a portion of which shall be from one or more of the following topics, as prescribed by the department, pursuant to subdivision (a):
(1)Age-appropriate child and adolescent development.
(2)Health issues in foster care, including, but not limited to, the authorization, uses, risks, benefits, assistance with self-administration, oversight, and monitoring of psychotropic or other medications, and trauma, mental health, and substance use disorder treatments for children in foster care under the jurisdiction of the juvenile court, including how to access those treatments. Health issues in foster care, including, but not limited to, the authorization, uses, risks, benefits, assistance with self-administration, oversight, and monitoring of psychotropic or other medications, and trauma, mental health, and substance use disorder treatments for children in foster care under the jurisdiction of the juvenile court, including how to access those treatments, as the information is also described in subdivision (d) of Section 16501.4 of the Welfare and Institutions Code.
(3)Positive discipline and the importance of self-esteem.
(4)Preparation of children and youth for a successful transition to adulthood.
(5)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(6)Instruction on cultural competency and 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.
(c)In addition to any training required by this section, a foster parent may be required to receive specialized training, as relevant, for the purpose of preparing the foster parent 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 cultural needs of children, including, but not limited to, cultural competency and sensitivity and related best practices for providing adequate care to children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender.
(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.
(d)No child shall be placed with a foster parent unless each foster parent in the home meets the requirements of this section.
(e)(1)Upon the request of the licensed or certified foster parent for a hardship waiver from the annual training requirement or a request for an extension of the deadline, the county may, at its option, on a case-by-case basis, waive the training requirement or extend any established deadline for a period not to exceed one year, if the training requirement presents a severe and unavoidable obstacle to continuing as a foster parent.
(2)Obstacles for which a county may grant a hardship waiver or extension are:
(A)Lack of access to training due to the cost or travel required or lack of child care to participate in the training, when online resources are not available.
(B)Family emergency.
(3)Before a waiver or extension may be granted, the licensed or certified foster parent should explore the opportunity of receiving training online or by video or written materials.
(f)(1)Foster parent training may be obtained through sources that include, but are not necessarily limited to, community colleges, counties, hospitals, foster parent associations, the California State Foster Parent Associations conference, online resources, adult schools, and certified foster parent instructors.
(2)In addition to the foster parent training provided by community colleges, foster family agencies shall provide a program of training for their certified foster families.
(g)(1)Training certificates shall be submitted to the appropriate licensing or foster family agency.
(2)Upon completion, a licensed or certified parent shall submit a certificate of completion for the annual training requirements.
(h)Nothing in this section shall preclude a county or a foster family agency from requiring foster parent training in excess of the requirements in this section.
(i)This section shall become operative on January 1, 2017.
(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. 25.Section 1530.7 of the Health and Safety Code is amended to read:1530.7.(a)Group homes, short-term residential treatment centers, foster family agencies, small family homes, transitional housing placement providers, and crisis nurseries licensed pursuant to this chapter shall maintain a smoke-free environment in the facility.
(b)A person who is licensed or certified pursuant to this chapter to provide residential care in a foster family home or certified family home shall not smoke or permit any other person to smoke inside the facility, and, when the child is present, on the outdoor grounds of the facility.
(c)A person who is licensed or certified pursuant to this chapter to provide residential foster care shall not smoke in any motor vehicle that is regularly used to transport the child.
SEC. 26.Section 1530.8 of the Health and Safety Code is amended to read:1530.8.(a)(1)The department shall adopt regulations for community care facilities licensed as group homes, and for temporary shelter care facilities as defined in subdivision (c), that care for dependent children, children placed by a regional center, or voluntary placements, who are younger than six years of age. The department shall adopt regulations that apply to short-term residential treatment centers that care for children younger than six years of age. The regulations shall include the standards set forth in subdivision (c) of Section 11467.1 of the Welfare and Institutions Code.
(2)The department shall adopt regulations under this section that apply to minor parent programs serving children younger than six years of age who reside in a group home with a minor parent who is the primary caregiver of the child. The department shall adopt regulations under this section that apply to short-term residential treatment centers that provide minor parent programs serving children younger than six years of age.
(3)To the extent that the department determines they are necessary, the department shall adopt regulations under this section that apply to group homes or short-term residential treatment centers that care for dependent children who are 6 to 12 years of age, inclusive. In order to determine whether such regulations are necessary, and what any resulting standards should include, the department shall consult with interested parties that include, but are not limited to, representatives of current and former foster youth, advocates for children in foster care, county welfare and mental health directors, chief probation officers, representatives of care providers, experts in child development, and representatives of the Legislature. The standards may provide normative guidelines differentiated by the needs specific to children in varying age ranges that fall between 6 and 12 years of age, inclusive. Prior to adopting regulations, the department shall submit for public comment, by July 1, 2017, any proposed regulations.
(b)The regulations shall include physical environment standards, including staffing and health and safety requirements, that meet or exceed state child care standards under Title 5 and Title 22 of the California Code of Regulations.
(c)For purposes of this section, a temporary shelter care facility means any residential facility that meets all of the following requirements:
(1)It is owned and operated by the county or on behalf of a county by a private, nonprofit agency.
(2)It is a 24-hour facility that provides no more than 10 calendar days of residential care and supervision for children under 18 years of age who have been removed from their homes as a result of abuse or neglect, as defined in Section 300 of the Welfare and Institutions Code, or both.
(d)(1)The department may license a temporary shelter care facility pursuant to this chapter on or after January 1, 2016. A temporary shelter care license may be issued only to a county operating a licensed group home, or to an agency on behalf of a county, as of January 1, 2016.
(2)The department shall consult with counties that operate these shelters as licensed group homes to develop a transition plan for the development of temporary shelter care facilities to address the unique circumstances and needs of the populations they serve, while remaining consistent with the principles of the act that added this subdivision.
(3)These transition plans shall describe circumstances under which children will be admitted for a period in excess of 24 hours and reflect necessary staffing levels or staffing transitions.
(e)(1)A group home license issued to a county will be forfeited by operation of law upon receipt of a license to operate a temporary shelter care facility as described in Section 11462.022 of the Welfare and Institutions Code.
(2)Nothing in this subdivision shall preclude a county from applying for and being licensed as a short-term residential treatment center pursuant to Section 1562.01 or a runaway and homeless youth shelter pursuant to Section 1502.35, or a foster family agency as authorized by subdivision (b) of Section 11462.02 of the Welfare and Institutions Code.
SEC. 27.Section 1531.1 of the Health and Safety Code is amended to read:1531.1.(a)A residential facility licensed as an adult residential facility, group home, short-term residential treatment center, small family home, foster family home, or a family home certified by a foster family agency may install and utilize delayed egress devices of the time delay type.
(b)As used in this section, delayed egress device means a device that precludes the use of exits for a predetermined period of time. These devices shall not delay any residents departure from the facility for longer than 30 seconds.
(c)Within the 30 seconds of delay, facility staff may attempt to redirect a resident who attempts to leave the facility.
(d)Any person accepted by a residential facility or family home certified by a foster family agency utilizing delayed egress devices shall meet all of the following conditions:
(1)The person shall have a developmental disability as defined in Section 4512 of the Welfare and Institutions Code.
(2)The person shall be receiving services and case management from a regional center under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code).
(3)An interdisciplinary team, through the Individual Program Plan (IPP) process pursuant to Section 4646.5 of the Welfare and Institutions Code, shall have determined that the person lacks hazard awareness or impulse control and requires the level of supervision afforded by a facility equipped with delayed egress devices, and that but for this placement, the person would be at risk of admission to, or would have no option but to remain in, a more restrictive state hospital or state developmental center placement.
(e)The facility shall be subject to all fire and building codes, regulations, and standards applicable to residential care facilities for the elderly utilizing delayed egress devices, and shall receive approval by the county or city fire department, the local fire prevention district, or the State Fire Marshal for the installed delayed egress devices.
(f)The facility shall provide staff training regarding the use and operation of the egress control devices utilized by the facility, protection of residents personal rights, lack of hazard awareness and impulse control behavior, and emergency evacuation procedures.
(g)The facility shall develop a plan of operation approved by the State Department of Social Services that includes a description of how the facility is to be equipped with egress control devices that are consistent with regulations adopted by the State Fire Marshal pursuant to Section 13143.
(h)The plan shall include, but shall not be limited to, all of the following:
(1)A description of how the facility will provide training for staff regarding the use and operation of the egress control devices utilized by the facility.
(2)A description of how the facility will ensure the protection of the residents personal rights consistent with Sections 4502, 4503, and 4504 of the Welfare and Institutions Code.
(3)A description of how the facility will manage the persons lack of hazard awareness and impulse control behavior.
(4)A description of the facilitys emergency evacuation procedures.
(i)Delayed egress devices shall not substitute for adequate staff. Except for facilities operating in accordance with Section 1531.15, the capacity of the facility shall not exceed six residents.
(j)Emergency fire and earthquake drills shall be conducted at least once every three months on each shift, and shall include all facility staff providing resident care and supervision on each shift.
SEC. 28.Section 1531.15 of the Health and Safety Code is amended to read:1531.15.(a)A licensee of an adult residential facility, short-term residential treatment center, or group home for no more than six residents, except for the larger facilities provided for in paragraph (1) of subdivision (k), that is utilizing delayed egress devices pursuant to Section 1531.1, may install and utilize secured perimeters in accordance with the provisions of this section.
(b)As used in this section, secured perimeters means fences that meet the requirements prescribed by this section.
(c)Only individuals meeting all of the following conditions may be admitted to or reside in a facility described in subdivision (a) utilizing secured perimeters:
(1)The person shall have a developmental disability as defined in Section 4512 of the Welfare and Institutions Code.
(2)The person shall be receiving services and case management from a regional center under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code).
(3)(A)The person shall be 14 years of age or older, except as specified in subparagraph (B).
(B)Notwithstanding subparagraph (A), a child who is at least 10 years of age and less than 14 years of age may be placed in a licensed group home described in subdivision (a) using secured perimeters only if both of the following occur:
(i)A comprehensive assessment is conducted and an individual program plan meeting is convened to determine the services and supports needed for the child to receive services in a less restrictive, unlocked residential setting in California, and the regional center requests assistance from the State Department of Developmental Services statewide specialized resource service to identify options to serve the child in a less restrictive, unlocked residential setting in California.
(ii)The regional center requests placement of the child in a licensed group home described in subdivision (a) using secured perimeters on the basis that the placement is necessary to prevent out-of-state placement or placement in a more restrictive, locked residential setting such as a developmental center, institution for mental disease or psychiatric facility, and the State Department of Developmental Services approves the request.
(4)The person is not a foster child under the jurisdiction of the juvenile court pursuant to Section 300, 450, 601, or 602 of the Welfare and Institutions Code.
(5)(A)An interdisciplinary team, through the individual program plan (IPP) process pursuant to Section 4646.5 of the Welfare and Institutions Code, shall have determined the person lacks hazard awareness or impulse control and, for his or her safety and security, requires the level of supervision afforded by a facility equipped with secured perimeters, and, but for this placement, the person would be at risk of admission to, or would have no option but to remain in, a more restrictive placement. The individual program planning team shall convene every 90 days after admission to determine and document the continued appropriateness of the current placement and progress in implementing the transition plan.
(B)The clients rights advocate for the regional center shall be notified of the proposed admission and the individual program plan meeting and may participate in the individual program plan meeting unless the consumer objects on his or her own behalf.
(d)The licensee shall be subject to all applicable fire and building codes, regulations, and standards, and shall receive approval by the county or city fire department, the local fire prevention district, or the State Fire Marshal for the installed secured perimeters.
(e)The licensee shall provide staff training regarding the use and operation of the secured perimeters, protection of residents personal rights, lack of hazard awareness and impulse control behavior, and emergency evacuation procedures.
(f)The licensee shall revise its facility plan of operation. These revisions shall first be approved by the State Department of Developmental Services. The plan of operation shall not be approved by the State Department of Social Services unless the licensee provides certification that the plan was approved by the State Department of Developmental Services. The plan shall include, but not be limited to, all of the following:
(1)A description of how the facility is to be equipped with secured perimeters that are consistent with regulations adopted by the State Fire Marshal pursuant to Section 13143.6.
(2)A description of how the facility will provide training for staff.
(3)A description of how the facility will ensure the protection of the residents personal rights consistent with Sections 4502, 4503, and 4504 of the Welfare and Institutions Code, and any applicable personal rights provided in Title 22 of the California Code of Regulations.
(4)A description of how the facility will manage residents lack of hazard awareness and impulse control behavior, which shall emphasize positive behavioral supports and techniques that are alternatives to physical, chemical, or mechanical restraints, or seclusion.
(5)A description of the facilitys emergency evacuation procedures.
(6)A description of how the facility will comply with applicable health and safety standards.
(g)Secured perimeters shall not substitute for adequate staff.
(h)Emergency fire and earthquake drills shall be conducted on each shift in accordance with existing licensing requirements, and shall include all facility staff providing resident care and supervision on each shift.
(i)Interior and exterior space shall be available on the facility premises to permit clients to move freely and safely.
(j)For the purpose of using secured perimeters, the licensee shall not be required to obtain a waiver or exception to a regulation that would otherwise prohibit the locking of a perimeter fence or gate.
(k)Except as provided in subdivision (k) of Section 4684.81 of the Welfare and Institutions Code, the state shall not authorize or fund more than a combined total of 150 beds statewide in facilities with secured perimeters under this section and under Section 1267.75. The department shall notify the appropriate fiscal and policy committees of the Legislature through the January and May budget estimates prior to authorizing an increase above a combined total of 100 beds statewide in facilities with secured perimeters under this section and under Section 1267.75.
(1)A minimum of 50 beds shall be available within programs designed for individuals who are designated incompetent to stand trial pursuant to Section 1370.1 of the Penal Code. These beds shall be within facilities that are exclusively used to provide care for individuals who are placed and participating in forensic competency training pursuant to Section 1370.1 of the Penal Code, except as provided in paragraph (2). No more than half of these facilities may have more than six beds and no facility may have more than 15 beds.
(2)When, in the joint determination of the regional center and the facility administrator, an individual would be most appropriately served in a specific program, regardless of whether the facility meets the criteria established in paragraph (1), individuals who are not similarly designated may be placed in the same facility. That placement may occur only when the individuals planning team determines that the placement and the facility plan of operation meet the individuals needs and that placement is not incompatible with the needs and safety of other facility residents.
(l)This section shall become operative only upon the publication in Title 17 of the California Code of Regulations of emergency regulations filed by the State Department of Developmental Services. These regulations shall be developed with stakeholders, including the State Department of Social Services, consumer advocates, and regional centers. The regulations shall establish program standards for homes that include secured perimeters, including requirements and timelines for the completion and updating of a comprehensive assessment of each consumers needs, including the identification through the individual program plan process of the services and supports needed to transition the consumer to a less restrictive living arrangement, and a timeline for identifying or developing those services and supports. The regulations shall establish a statewide limit on the total number of beds in homes with secured perimeters. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare.
SEC. 29.Section 1534 of the Health and Safety Code, as amended by Section 4 of Chapter 20 of the Statutes of 2015, is amended to read:1534.(a)(1)(A)Except for foster family homes, every licensed community care facility shall be subject to unannounced inspections by the department.
(B)Foster family homes shall be subject to announced inspections by the department, except that a foster family home shall be subject to unannounced inspections in response to a complaint, a plan of correction, or under any of the circumstances set forth in subparagraph (B) of paragraph (2).
(2)(A)The department may inspect these facilities as often as necessary to ensure the quality of care provided.
(B)The department shall conduct an annual unannounced inspection of a facility under any of the following circumstances:
(i)When a license is on probation.
(ii)When the terms of agreement in a facility compliance plan require an annual inspection.
(iii)When an accusation against a licensee is pending.
(iv)When a facility requires an annual inspection as a condition of receiving federal financial participation.
(v)In order to verify that a person who has been ordered out of a facility by the department is no longer at the facility.
(C)(i)The department shall conduct annual unannounced inspections of no less than 20 percent of facilities, except for foster family homes, not subject to an inspection under subparagraph (B).
(ii)The department shall conduct annual announced inspections of no less than 20 percent of foster family homes not subject to an inspection under subparagraph (B).
(iii)These inspections shall be conducted based on a random sampling methodology developed by the department.
(iv)If the total citations issued by the department to facilities exceed the previous years total by 10 percent, the following year the department shall increase the random sample by an additional 10 percent of the facilities not subject to an inspection under subparagraph (B). The department may request additional resources to increase the random sample by 10 percent.
(v)The department shall not inspect a licensed community care facility less often than once every five years.
(3)In order to facilitate direct contact with group home or short-term residential treatment center clients, the department may interview children who are clients of group homes or short-term residential treatment centers at any public agency or private agency at which the client may be found, including, but not limited to, a juvenile hall, recreation or vocational program, or a public or nonpublic school. The department shall respect the rights of the child while conducting the interview, including informing the child that he or she has the right not to be interviewed and the right to have another adult present during the interview.
(4)The department shall notify the community care facility in writing of all deficiencies in its compliance with the provisions of this chapter and the rules and regulations adopted pursuant to this chapter, and shall set a reasonable length of time for compliance by the facility.
(5)Reports on the results of each inspection, evaluation, or consultation shall be kept on file in the department, and all inspection reports, consultation reports, lists of deficiencies, and plans of correction shall be open to public inspection.
(b)(1)This section does not limit the authority of the department to inspect or evaluate a licensed foster family agency, a certified family home, or any aspect of a program in which a licensed community care facility is certifying compliance with licensing requirements.
(2)(A)A foster family agency shall conduct an announced inspection of a certified family home during the annual recertification described in Section 1506 in order to ensure that the certified family home meets all applicable licensing standards. A foster family agency may inspect a certified family home as often as necessary to ensure the quality of care provided.
(B)In addition to the inspections required pursuant to subparagraph (A), a foster family agency shall conduct an unannounced inspection of a certified family home under any of the following circumstances:
(i)When a certified family home is on probation.
(ii)When the terms of the agreement in a facility compliance plan require an annual inspection.
(iii)When an accusation against a certified family home is pending.
(iv)When a certified family home requires an annual inspection as a condition of receiving federal financial participation.
(v)In order to verify that a person who has been ordered out of a certified family home by the department is no longer at the home.
(3)Upon a finding of noncompliance by the department, the department may require a foster family agency to deny or revoke the certificate of approval of a certified family home, or take other action the department may deem necessary for the protection of a child placed with the certified family home. The certified parent or prospective foster parent shall be afforded the due process provided pursuant to this chapter.
(4)If the department requires a foster family agency to deny or revoke the certificate of approval, the department shall serve an order of denial or revocation upon the certified or prospective foster parent and foster family agency that shall notify the certified or prospective foster parent of the basis of the departments action and of the certified or prospective foster parents right to a hearing.
(5)Within 15 days after the department serves an order of denial or revocation, the certified or prospective foster parent may file a written appeal of the departments decision with the department. The departments action shall be final if the certified or prospective foster parent does not file a written appeal within 15 days after the department serves the denial or revocation order.
(6)The departments order of the denial or revocation of the certificate of approval shall remain in effect until the hearing is completed and the director has made a final determination on the merits.
(7)A certified or prospective foster parent who files a written appeal of the departments order with the department pursuant to this section shall, as part of the written request, provide his or her current mailing address. The certified or prospective foster parent shall subsequently notify the department in writing of any change in mailing address, until the hearing process has been completed or terminated.
(8)Hearings held pursuant to this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. In all proceedings conducted in accordance with this section the standard of proof shall be by a preponderance of the evidence.
(9)The department may institute or continue a disciplinary proceeding against a certified or prospective foster parent upon any ground provided by this section or Section 1550, enter an order denying or revoking the certificate of approval, or otherwise take disciplinary action against the certified or prospective foster parent, notwithstanding any resignation, withdrawal of application, surrender of the certificate of approval, or denial or revocation of the certificate of approval by the foster family agency.
(10)A foster family agencys failure to comply with the departments order to deny or revoke the certificate of approval by placing or retaining children in care shall be grounds for disciplining the licensee pursuant to Section 1550.
(c)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 30.Section 1534 of the Health and Safety Code, as added by Section 5 of Chapter 20 of the Statutes of 2015, is amended to read:1534.(a)(1)(A)Except for foster family homes, every licensed community care facility shall be subject to unannounced inspections by the department.
(B)Foster family homes shall be subject to announced inspections by the department, except that a foster family home shall be subject to unannounced inspections in response to a complaint, a plan of correction, or under any of the circumstances set forth in subparagraph (B) of paragraph (2).
(2)(A)The department may inspect these facilities as often as necessary to ensure the quality of care provided.
(B)The department shall conduct an annual unannounced inspection of a facility under any of the following circumstances:
(i)When a license is on probation.
(ii)When the terms of agreement in a facility compliance plan require an annual inspection.
(iii)When an accusation against a licensee is pending.
(iv)When a facility requires an annual inspection as a condition of receiving federal financial participation.
(v)In order to verify that a person who has been ordered out of a facility by the department is no longer at the facility.
(C)On and after January 1, 2017, and until January 1, 2018, the following shall apply:
(i)Except for foster family homes, the department shall conduct annual unannounced inspections of no less than 30 percent of every licensed community care facility not subject to an inspection under subparagraph (B).
(ii)The department shall conduct annual announced inspections of no less than 30 percent of foster family homes not subject to an inspection under subparagraph (B).
(iii)These inspections shall be conducted based on a random sampling methodology developed by the department.
(iv)The department shall inspect a licensed community care facility at least once every three years.
(D)On and after January 1, 2018, and until January 1, 2019, the following shall apply:
(i)The department shall conduct annual unannounced inspections of no less than 20 percent of adult residential facilities, adult day programs, social rehabilitation facilities, enhanced behavioral support homes for adults, and community crisis homes, as defined in Section 1502, which are not subject to an inspection under subparagraph (B).
(ii)These inspections shall be conducted based on a random sampling methodology developed by the department.
(iii)The department shall inspect an adult residential facility, adult day program, social rehabilitation facility, enhanced behavioral support home for adults, and community crisis home, as defined in Section 1502, at least once every two years.
(E)On and after January 1, 2019, the department shall conduct annual unannounced inspections of all adult residential facilities, adult day programs, social rehabilitation facilities, enhanced behavioral support homes for adults, and community crisis homes, as defined in Section 1502, and adult residential facilities for persons with special health care needs, as defined in Section 4684.50 of the Welfare and Institutions Code.
(F)On and after January 1, 2018, the following shall apply:
(i)Except for foster family homes, the department shall conduct annual unannounced inspections of no less than 20 percent of residential care facilities for children, as defined in Section 1502, including enhanced behavioral support homes for children, transitional housing placement providers, and foster family agencies not subject to an inspection under subparagraph (B).
(ii)The department shall conduct annual announced inspections of no less than 20 percent of foster family homes, as defined in Section 1502, not subject to an inspection under subparagraph (B).
(iii)The inspections in clauses (i) and (ii) shall be conducted based on a random sampling methodology developed by the department.
(iv)The department shall conduct unannounced inspections of residential care facilities for children, as defined in Section 1502, including enhanced behavioral support homes for children, transitional housing placement providers, and foster family agencies, and announced inspections of foster family homes, at least once every two years.
(3)In order to facilitate direct contact with group home or short-term residential treatment center clients, the department may interview children who are clients of group homes or short-term residential treatment centers at any public agency or private agency at which the client may be found, including, but not limited to, a juvenile hall, recreation or vocational program, or a public or nonpublic school. The department shall respect the rights of the child while conducting the interview, including informing the child that he or she has the right not to be interviewed and the right to have another adult present during the interview.
(4)The department shall notify the community care facility in writing of all deficiencies in its compliance with the provisions of this chapter and the rules and regulations adopted pursuant to this chapter, and shall set a reasonable length of time for compliance by the facility.
(5)Reports on the results of each inspection, evaluation, or consultation shall be kept on file in the department, and all inspection reports, consultation reports, lists of deficiencies, and plans of correction shall be open to public inspection.
(b)(1)This section does not limit the authority of the department to inspect or evaluate a licensed foster family agency, a certified family home, or any aspect of a program in which a licensed community care facility is certifying compliance with licensing requirements.
(2)(A)A foster family agency shall conduct an announced inspection of a certified family home during the annual recertification described in Section 1506 in order to ensure that the certified family home meets all applicable licensing standards. A foster family agency may inspect a certified family home as often as necessary to ensure the quality of care provided.
(B)In addition to the inspections required pursuant to subparagraph (A), a foster family agency shall conduct an unannounced inspection of a certified family home under any of the following circumstances:
(i)When a certified family home is on probation.
(ii)When the terms of the agreement in a facility compliance plan require an annual inspection.
(iii)When an accusation against a certified family home is pending.
(iv)When a certified family home requires an annual inspection as a condition of receiving federal financial participation.
(v)In order to verify that a person who has been ordered out of a certified family home by the department is no longer at the home.
(3)Upon a finding of noncompliance by the department, the department may require a foster family agency to deny or revoke the certificate of approval of a certified family home, or take other action the department may deem necessary for the protection of a child placed with the certified family home. The certified parent or prospective foster parent shall be afforded the due process provided pursuant to this chapter.
(4)If the department requires a foster family agency to deny or revoke the certificate of approval, the department shall serve an order of denial or revocation upon the certified or prospective foster parent and foster family agency that shall notify the certified or prospective foster parent of the basis of the departments action and of the certified or prospective foster parents right to a hearing.
(5)Within 15 days after the department serves an order of denial or revocation, the certified or prospective foster parent may file a written appeal of the departments decision with the department. The departments action shall be final if the certified or prospective foster parent does not file a written appeal within 15 days after the department serves the denial or revocation order.
(6)The departments order of the denial or revocation of the certificate of approval shall remain in effect until the hearing is completed and the director has made a final determination on the merits.
(7)A certified or prospective foster parent who files a written appeal of the departments order with the department pursuant to this section shall, as part of the written request, provide his or her current mailing address. The certified or prospective foster parent shall subsequently notify the department in writing of any change in mailing address, until the hearing process has been completed or terminated.
(8)Hearings held pursuant to this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. In all proceedings conducted in accordance with this section the standard of proof shall be by a preponderance of the evidence.
(9)The department may institute or continue a disciplinary proceeding against a certified or prospective foster parent upon any ground provided by this section or Section 1550, enter an order denying or revoking the certificate of approval, or otherwise take disciplinary action against the certified or prospective foster parent, notwithstanding any resignation, withdrawal of application, surrender of the certificate of approval, or denial or revocation of the certificate of approval by the foster family agency.
(10)A foster family agencys failure to comply with the departments order to deny or revoke the certificate of approval by placing or retaining children in care shall be grounds for disciplining the licensee pursuant to Section 1550.
(c)This section shall become operative on January 1, 2017.
SEC. 31.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, 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.
(b)Subject to subdivision (c), to encourage the recruitment of foster family homes and certified family homes of foster family agencies, protect their personal privacy, and to preserve the security and confidentiality of the placements in the homes, the names, addresses, and other identifying information of facilities licensed as foster family homes and certified family homes of foster family agencies providing 24-hour care for six or fewer children shall be considered personal information for purposes of the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). This information shall not be disclosed by any state or local agency pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), except as necessary for administering the licensing program, facilitating the placement of children in these facilities, and providing names and addresses, 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)Notwithstanding subdivision (b), the department, a county, or a foster family agency may request information from, or divulge information to, the department, a county, or a foster family agency, regarding a prospective certified parent, foster parent, or relative caregiver for the purpose of, and as necessary to, conduct a reference check to determine whether it is safe and appropriate to license, certify, or approve an applicant to be a certified parent, foster parent, or relative caregiver.
(d)The department may issue a citation and, after the issuance of that citation, may assess a civil penalty of fifty dollars ($50) per day for each instance of a foster family agencys failure to provide the department with the information required by subdivision (h) of Section 88061 of Title 22 of the California Code of Regulations.
(e)The Legislature encourages the department, when funds are available for this purpose, to develop a database that would include all of the following information:
(1)Monthly reports by a foster family agency regarding family homes.
(2)A log of family homes certified and decertified, provided by a foster family agency to the department.
(3)Notification by a foster family agency to the department informing the department of a foster family agencys determination to decertify a certified family home due to any of the following actions by the certified family parent:
(A)Violating licensing rules and regulations.
(B)Aiding, abetting, or permitting the violation of licensing rules and regulations.
(C)Conducting oneself in a way that is inimical to the health, morals, welfare, or safety of a child placed in that certified family home.
(D)Being convicted of a crime while a certified family parent.
(E)Knowingly allowing any child to have illegal drugs or alcohol.
(F)Committing an act of child abuse or neglect or an act of violence against another person.
SEC. 31.5.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, 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.
(b)Subject to subdivision (c), to encourage the recruitment of foster family homes and certified family homes of foster family agencies, protect their personal privacy, and to preserve the security and confidentiality of the placements in the homes, the names, addresses, and other identifying information of facilities licensed as foster family homes and certified family homes of foster family agencies providing 24-hour care for six or fewer children shall be considered personal information for purposes of the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). This information shall not be disclosed by any state or local agency pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), except as necessary for administering the licensing program, facilitating the placement of children in these facilities, and providing names and addresses, 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)Notwithstanding subdivision (b), the department, a county, or a foster family agency may request information from, or divulge information to, the department, a county, or a foster family agency, regarding a prospective certified parent, foster parent, or relative caregiver for the purpose of, and as necessary to, conduct a reference check to determine whether it is safe and appropriate to license, certify, or approve an applicant to be a certified parent, foster parent, or relative caregiver.
(d)The department may issue a citation and, after the issuance of that citation, may assess a civil penalty of fifty dollars ($50) per day for each instance of a foster family agencys failure to provide the department with the information required by subdivision (h) of Section 88061 of Title 22 of the California Code of Regulations.
(e)The Legislature encourages the department, when funds are available for this purpose, to develop a database that would include all of the following information:
(1)Monthly reports by a foster family agency regarding family homes.
(2)A log of family homes certified and decertified, provided by a foster family agency to the department.
(3)Notification by a foster family agency to the department informing the department of a foster family agencys determination to decertify a certified family home due to any of the following actions by the certified family parent:
(A)Violating licensing rules and regulations.
(B)Aiding, abetting, or permitting the violation of licensing rules and regulations.
(C)Conducting oneself in a way that is inimical to the health, morals, welfare, or safety of a child placed in that certified family home.
(D)Being convicted of a crime while a certified family parent.
(E)Knowingly allowing any child to have illegal drugs or alcohol.
(F)Committing an act of child abuse or neglect or an act of violence against another person.
(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 childs identity and records.
SEC. 32.Section 1538.3 of the Health and Safety Code is amended to read:1538.3.A county may develop a cooperative agreement with the department to access disclosable, public record information from an automated system, other than the system described in Section 1538.2, concerning substantiated complaints for all group home or short-term residential treatment centers, as defined by regulations of the department, located within that county. Access to the database may be accomplished through a secure online transaction protocol.
SEC. 33.Section 1538.5 of the Health and Safety Code is amended to read:1538.5.(a)(1)Not less than 30 days prior to the anniversary of the effective date of a residential community care facility license, except licensed foster family homes, the department may transmit a copy to the board members of the licensed facility, parents, legal guardians, conservators, clients rights advocates, or placement agencies, as designated in each residents placement agreement, of all inspection reports given to the facility by the department during the past year as a result of a substantiated complaint regarding a violation of this chapter relating to resident abuse and neglect, food, sanitation, incidental medical care, and residential supervision. During that one-year period the copy of the notices transmitted and the proof of the transmittal shall be open for public inspection.
(2)The department may transmit copies of the inspection reports referred to in paragraph (1) concerning a group home or short-term residential treatment center, as defined by regulations of the department, to the county in which the group home or short-term residential treatment center is located, if requested by that county.
(3)A group home or short-term residential treatment center shall maintain, at the facility, a copy of all licensing reports for the past three years that would be accessible to the public through the department, for inspection by placement officials, current and prospective facility clients, and these clients family members who visit the facility.
(b)The facility operator, at the expense of the facility, shall transmit a copy of all substantiated complaints, by certified mail, to those persons described pursuant to paragraph (1) of subdivision (a) in the following cases:
(1)In the case of a substantiated complaint relating to resident physical or sexual abuse, the facility shall have three days from the date the facility receives the licensing report from the department to comply.
(2)In the case in which a facility has received three or more substantiated complaints relating to the same violation during the past 12 months, the facility shall have five days from the date the facility receives the licensing report to comply.
(c)A residential facility shall retain a copy of the notices transmitted pursuant to subdivision (b) and proof of their transmittal by certified mail for a period of one year after their transmittal.
(d)If a residential facility to which this section applies fails to comply with this section, as determined by the department, the department shall initiate civil penalty action against the facility in accordance with this article and the related rules and regulations.
(e)Not less than 30 days prior to the anniversary of the effective date of the license of any group home or short-term residential treatment center, as defined by regulations of the department, at the request of the county in which the group home or short-term residential treatment center is located, a group home or short-term residential treatment center shall transmit to the county a copy of all incident reports prepared by the group home or short-term residential treatment center and transmitted to a placement agency, as described in subdivision (f) of Section 1536.1, in a county other than the county in which the group home or short-term residential treatment center is located that involved a response by local law enforcement or emergency services personnel, including runaway incidents. The county shall designate an official for the receipt of the incident reports and shall notify the group home or short-term residential treatment center of the designation. Prior to transmitting copies of incident reports to the county, the group home or short-term residential treatment center shall redact the name of any child referenced in the incident reports, and other identifying information regarding any child referenced in the reports. The county may review the incident reports to ensure that the group home or short-term residential treatment center has taken appropriate action to ensure the health and safety of the residents of the facility.
(f)The department shall notify the residential community care facility of its obligation when it is required to comply with this section.
SEC. 34.Section 1538.6 of the Health and Safety Code is amended to read:1538.6.(a)When the department periodically reviews the record of substantiated complaints against each group home or short-term residential treatment center, pursuant to its oversight role as prescribed by Section 1534, to determine whether the nature, number, and severity of incidents upon which complaints were based constitute a basis for concern as to whether the provider is capable of effectively and efficiently operating the program, and if the department determines that there is cause for concern, it may contact the county in which a group home or short-term residential treatment center is located and placement agencies in other counties using the group home or short-term residential treatment center, and request their recommendations as to what action, if any, the department should take with regard to the providers status as a licensed group home or short-term residential treatment center provider.
(b)It is the intent of the Legislature that the department make every effort to communicate with the county in which a group home or short-term residential treatment center is located when the department has concerns about group homes or short-term residential treatment centers within that county.
SEC. 35.Section 1538.7 of the Health and Safety Code is amended to read:1538.7.(a)A group home, transitional housing placement provider, community treatment facility, runaway and homeless youth shelter, or short-term residential treatment center shall report to the departments Community Care Licensing Division upon the occurrence of any incident concerning a child in the facility involving contact with law enforcement. At least every six months, the facility shall provide a followup report for each incident, including the type of incident, whether the incident involved an alleged violation of any crime described in Section 602 of the Welfare and Institutions Code by a child residing in the facility; whether staff, children, or both were involved; the gender, race, ethnicity, and age of children involved; and the outcomes, including arrests, removals of children from placement, or termination or suspension of staff.
(b)(1)If the department determines that, based on the licensed capacity, a facility has reported, pursuant to subdivision (a), a greater than average number of law enforcement contacts involving an alleged violation of any crime described in Section 602 of the Welfare and Institutions Code by a child residing in the facility, the department shall inspect the facility at least once a year.
(2)An inspection conducted pursuant to paragraph (1) does not constitute an unannounced inspection required pursuant to Section 1534.
(c)If an inspection is required pursuant to subdivision (b), the Community Care Licensing Division shall provide the report to the departments Children and Family Services Division and to any other public agency that has certified the facilitys program or any component of the facilitys program including, but not limited to, the State Department of Health Care Services, which certifies group homes or short-term residential treatment centers pursuant to Section 4096.5 of the Welfare and Institutions Code.
SEC. 36.Section 1548 of the Health and Safety Code, as added by Section 2 of Chapter 813 of the Statutes of 2014, is amended to read:1548.(a)In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department may levy a civil penalty.
(b)The amount of the civil penalty shall not be less than twenty-five dollars ($25) or more than fifty dollars ($50) per day for each violation of this chapter except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. In no event, shall a civil penalty assessment exceed one hundred fifty dollars ($150) per day per violation.
(c)Notwithstanding Section 1534, the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations:
(1)(A)Fire clearance violations, including, but not limited to, overcapacity, ambulatory status, inoperable smoke alarms, and inoperable fire alarm systems. The civil penalty shall not be assessed if the licensee has done either of the following:
(i)Requested the appropriate fire clearance based on ambulatory, nonambulatory, or bedridden status, and the decision is pending.
(ii)Initiated eviction proceedings.
(B)A licensee denied a clearance for bedridden residents may appeal to the fire authority, and, if that appeal is denied, may subsequently appeal to the Office of the State Fire Marshal, and shall not be assessed an immediate civil penalty until the final appeal is decided, or after 60 days has passed from the date of the citation, whichever is earlier.
(2)Absence of supervision, as required by statute or regulation.
(3)Accessible bodies of water when prohibited in this chapter or regulations adopted pursuant to this chapter.
(4)Accessible firearms, ammunition, or both.
(5)Refused entry to a facility or any part of a facility in violation of Section 1533, 1534, or 1538.
(6)The presence of an excluded person on the premises.
(d)(1)For a violation that the department determines resulted in the death of a resident at an adult residential facility, social rehabilitation facility, enhanced behavioral supports home, or community crisis home, the civil penalty shall be fifteen thousand dollars ($15,000).
(2)For a violation that the department determines resulted in the death of a person receiving care at an adult day program, the civil penalty shall be assessed as follows:
(A)Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensees facilities, to care for 50 or less persons.
(B)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for more than 50 persons.
(3)For a violation that the department determines resulted in the death of a person receiving care at a therapeutic day services facility, foster family agency, community treatment facility, full-service adoption agency, noncustodial adoption agency, transitional shelter care facility, transitional housing placement provider, group home, or short-term residential treatment center, the civil penalty shall be assessed as follows:
(A)Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensees facilities, to care for 40 or less children.
(B)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for 41 to 100, inclusive, children.
(C)Fifteen thousand dollars ($15,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(4)For a violation that the department determines resulted in the death of a resident at a runaway and homeless youth shelter, the civil penalty shall be five thousand dollars ($5,000).
(e)(1)(A)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident at an adult residential facility, social rehabilitation facility, enhanced behavioral supports home, or community crisis home, the civil penalty shall be ten thousand dollars ($10,000).
(B)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a person receiving care at an adult day program, the civil penalty shall be assessed as follows:
(i)Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensees facilities, to care for 50 or less persons.
(ii)Five thousand dollars ($5,000) for a licensee licensed, among all of the licensees facilities, to care for more than 50 persons.
(C)For a violation that the department determines constitutes physical abuse, as defined in paragraph (2), or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a person receiving care at a therapeutic day services facility, foster family agency, community treatment facility, full-service adoption agency, noncustodial adoption agency, transitional shelter care facility, transitional housing placement provider, group home, or short-term residential treatment center, the civil penalty shall be assessed as follows:
(i)Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensees facilities, to care for 40 or less children.
(ii)Five thousand dollars ($5,000) for a licensee licensed, among all of the licensees facilities, to care for 41 to 100, inclusive, children.
(iii)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(D)For a violation that the department determines constitutes physical abuse, as defined in paragraph (2), or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident at a runaway and homeless youth shelter, the civil penalty shall be one thousand dollars ($1,000).
(2)For purposes of subparagraphs (C) and (D), physical abuse includes physical injury inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165.1 of the Penal Code, neglect as defined in Section 11165.2 of the Penal Code, or unlawful corporal punishment or injury as defined in Section 11165.4 of the Penal Code when the person responsible for the childs welfare is a licensee, administrator, or employee of any facility licensed to care for children.
(f)Prior to the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the director.
(g)Notwithstanding Section 1534, any facility that is cited for repeating the same violation of this chapter within 12 months of the first violation is subject to an immediate civil penalty of one hundred fifty dollars ($150) and fifty dollars ($50) for each day the violation continues until the deficiency is corrected.
(h)Any facility that is assessed a civil penalty pursuant to subdivision (g) that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) is subject to an immediate civil penalty of one hundred fifty dollars ($150) for each day the violation continues until the deficiency is corrected.
(i)(1)The department shall adopt regulations setting forth the appeal procedures for deficiencies.
(2)A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 10 days of receipt of the notice of a civil penalty assessment and shall provide all supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. If the regional manager determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the regional managers decision within 60 days of the request to review the assessment of the civil penalty.
(3)The licensee may further appeal to the program administrator of the Community Care Licensing Division within 10 days of receipt of the notice of the regional managers decision and shall provide all supporting documentation at that time. If the program administrator determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the program administrators decision within 60 days of the request to review the regional managers decision.
(4)The licensee may further appeal to the deputy director of the Community Care Licensing Division within 10 days of receipt of the notice of the program directors decision and shall provide all supporting documentation at that time. If the deputy director determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the deputy directors decision within 60 days of the request to review the program administrators decision.
(5)Upon exhausting the deputy director review, a licensee may appeal a civil penalty assessed pursuant to subdivision (d) or (e) to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.
(6)If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.
(j)The department shall adopt regulations implementing this section.
(k)The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by the act that added this subdivision.
(l)As provided in Section 11466.31 of the Welfare and Institutions Code, the department may offset civil penalties owed by a group home or short-term residential treatment center against moneys to be paid by a county for the care of minors after the group home or short-term residential treatment center has exhausted its appeal of the civil penalty assessment. The department shall provide the group home or short-term residential treatment center a reasonable opportunity to pay the civil penalty before instituting the offset provision.
(m)This section shall become operative on July 1, 2015.
SEC. 36.5.Section 1548 of the Health and Safety Code, as added by Section 2 of Chapter 813 of the Statutes of 2014, is amended to read:1548.(a)In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department may levy a civil penalty.
(b)The amount of the civil penalty shall not be less than twenty-five dollars ($25) or more than fifty dollars ($50) per day for each violation of this chapter except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. Except as otherwise provided in this chapter, a civil penalty assessment shall not exceed one hundred fifty dollars ($150) per day per violation.
(c)Notwithstanding Section 1534, the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations:
(1)(A)Fire clearance violations, including, but not limited to, overcapacity, ambulatory status, inoperable smoke alarms, and inoperable fire alarm systems. The civil penalty shall not be assessed if the licensee has done either of the following:
(i)Requested the appropriate fire clearance based on ambulatory, nonambulatory, or bedridden status, and the decision is pending.
(ii)Initiated eviction proceedings.
(B)A licensee denied a clearance for bedridden residents may appeal to the fire authority, and, if that appeal is denied, may subsequently appeal to the Office of the State Fire Marshal, and shall not be assessed an immediate civil penalty until the final appeal is decided, or after 60 days has passed from the date of the citation, whichever is earlier.
(2)Absence of supervision, as required by statute or regulation.
(3)Accessible bodies of water when prohibited in this chapter or regulations adopted pursuant to this chapter.
(4)Accessible firearms, ammunition, or both.
(5)Refused entry to a facility or any part of a facility in violation of Section 1533, 1534, or 1538.
(6)The presence of an excluded person on the premises.
(d)(1)For a violation that the department determines resulted in the death of a resident at an adult residential facility, social rehabilitation facility, enhanced behavioral supports home, or community crisis home, the civil penalty shall be fifteen thousand dollars ($15,000).
(2)For a violation that the department determines resulted in the death of a person receiving care at an adult day program, the civil penalty shall be assessed as follows:
(A)Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensees facilities, to care for 50 or less persons.
(B)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for more than 50 persons.
(3)For a violation that the department determines resulted in the death of a person receiving care at a therapeutic day services facility, foster family agency, community treatment facility, full-service adoption agency, noncustodial adoption agency, transitional shelter care facility, transitional housing placement provider, group home, or short-term residential treatment center, the civil penalty shall be assessed as follows:
(A)Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensees facilities, to care for 40 or less children.
(B)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for 41 to 100, inclusive, children.
(C)Fifteen thousand dollars ($15,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(4)For a violation that the department determines resulted in the death of a resident at a runaway and homeless youth shelter, the civil penalty shall be five thousand dollars ($5,000).
(e)(1)(A)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident at an adult residential facility, social rehabilitation facility, enhanced behavioral supports home, or community crisis home, the civil penalty shall be ten thousand dollars ($10,000).
(B)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a person receiving care at an adult day program, the civil penalty shall be assessed as follows:
(i)Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensees facilities, to care for 50 or less persons.
(ii)Five thousand dollars ($5,000) for a licensee licensed, among all of the licensees facilities, to care for more than 50 persons.
(C)For a violation that the department determines constitutes physical abuse, as defined in paragraph (2), or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a person receiving care at a therapeutic day services facility, foster family agency, community treatment facility, full-service adoption agency, noncustodial adoption agency, transitional shelter care facility, transitional housing placement provider, group home, or short-term residential treatment center, the civil penalty shall be assessed as follows:
(i)Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensees facilities, to care for 40 or less children.
(ii)Five thousand dollars ($5,000) for a licensee licensed, among all of the licensees facilities, to care for 41 to 100, inclusive, children.
(iii)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(D)For a violation that the department determines constitutes physical abuse, as defined in paragraph (2), or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident at a runaway and homeless youth shelter, the civil penalty shall be one thousand dollars ($1,000).
(2)For purposes of subparagraphs (C) and (D), physical abuse includes physical injury inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165.1 of the Penal Code, neglect as defined in Section 11165.2 of the Penal Code, or unlawful corporal punishment or injury as defined in Section 11165.4 of the Penal Code when the person responsible for the childs welfare is a licensee, administrator, or employee of any facility licensed to care for children.
(f)Prior to the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the program administrator of the Community Care Licensing Division.
(g)Notwithstanding Section 1534, any facility that is cited for repeating the same violation of this chapter within 12 months of the first violation is subject to an immediate civil penalty of one hundred fifty dollars ($150) and fifty dollars ($50) for each day the violation continues until the deficiency is corrected.
(h)Any facility that is assessed a civil penalty pursuant to subdivision (g) that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) is subject to an immediate civil penalty of one hundred fifty dollars ($150) for each day the violation continues until the deficiency is corrected.
(i)(1)The department shall adopt regulations setting forth the appeal procedures for deficiencies.
(2)A notification of a deficiency written by a representative of the department shall include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area of the facility in which the deficiency occurred.
(j)(1)A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 15 business days of receipt of the notice of a civil penalty assessment and shall provide all available supporting documentation at that time. The review shall be conducted by the deputy director of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the deputy director determines that the civil penalty was not assessed, or the finding of deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the deputy directors decision within 60 business days of the date when all necessary information has been provided to the department by the licensee.
(2)Upon exhausting the review described in paragraph (1), a licensee may further appeal that decision to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.
(3)If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.
(k)(1)A licensee shall have the right to submit to the department a written request for a formal review of any other civil penalty or deficiency not described in subdivision (j) within 15 business days of receipt of the notice of a civil penalty assessment or a finding of a deficiency, and shall provide all available supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the regional manager determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the regional managers decision within 60 business days of the date when all necessary information has been provided to the department by the licensee.
(2)Upon exhausting the review described in paragraph (1), the licensee may further appeal that decision to the program administrator of the Community Care Licensing Division within 15 business days of receipt of notice of the regional managers decision. The licensee may submit additional supporting documentation that was unavailable at the time of appeal to the program administrator within the first 30 business days after requesting that appeal. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for the appeal. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the program administrator determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the program administrators decision within 60 business days of the date when all necessary information has been provided to the department by the licensee. The program administrators decision is considered final and concludes the licensees administrative appeal rights regarding the appeal conducted pursuant to this paragraph.
(l)The department shall adopt regulations implementing this section.
(m)The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by Section 2 of Chapter 813 of the Statutes of 2014.
(n)As provided in Section 11466.31 of the Welfare and Institutions Code, the department may offset civil penalties owed by a group home or short-term residential treatment center against moneys to be paid by a county for the care of minors after the group home or short-term residential treatment center has exhausted its appeal of the civil penalty assessment. The department shall provide the group home or short-term residential treatment center a reasonable opportunity to pay the civil penalty before instituting the offset provision.
(o)Notwithstanding 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 and administer the changes made by the act that added this subdivision through all-county letters or similar written instructions until regulations are adopted pursuant to the Administrative Procedure Act.
(p)This section shall become operative on July 1, 2015.
SEC. 37.Section 1562 of the Health and Safety Code is amended to read:1562.(a)The department shall ensure that operators and staffs of community care facilities have appropriate training to provide the care and services for which a license or certificate is issued. The section shall not apply to a facility licensed as an Adult Residential Facility for Persons with Special Health Care Needs pursuant to Article 9 (commencing with Section 1567.50).
(b)It is the intent of the Legislature that children in foster care reside in the least restrictive, family-based settings that can meet their needs, and that group homes and short-term residential treatment centers will be used only for short-term, specialized, and intensive treatment purposes that are consistent with a case plan that is determined by a childs best interests. Accordingly, the Legislature encourages the department to adopt policies, practices, and guidance that ensure that the education, qualification, and training requirements for child care staff in group homes and short-term residential treatment centers are consistent with the intended role of group homes and short-term residential treatment centers to provide short-term, specialized, and intensive treatment, with a particular focus on crisis intervention, behavioral stabilization, and other treatment-related goals, as well as the connections between those efforts and work toward permanency for children.
(c)(1)Each person employed as a facility manager or staff member of a group home or short-term residential treatment center, as defined in paragraphs (13) and (18) of subdivision (a) of Section 1502, who provides direct care and supervision to children and youth residing in the group home or short-term residential treatment center shall be at least 21 years of age.
(2)Paragraph (1) shall not apply to a facility manager or staff member employed at the group home before October 1, 2014.
(3)For purposes of this subdivision, group home does not include a runaway and homeless youth shelter.
SEC. 38.Section 1562.01 is added to the Health and Safety Code, 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 (5) of subdivision (b) of Section 11462 of the Welfare and Institutions Code.
(2)Notwithstanding paragraph (1), the department may issue a provisional license to a short-term residential treatment center and may extend the term of the provisional license not to exceed two years in order for the short-term residential treatment center to secure accreditation as set forth in subdivision (a) of Section 1520.1.
(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 centers 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, on and after January 1, 2017, 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, on and after January 1, 2017, 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 on and after January 1, 2017, 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 countys option, for short-term residential treatment centers, which may include the review of the short-term residential treatment centers 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 on and after January 1, 2017, pursuant to subdivision (c) of Section 11462 of the Welfare and Institutions Code.
SEC. 39.Section 1562.35 of the Health and Safety Code is amended to read:1562.35.Notwithstanding any law to the contrary, including, but not limited to Section 1562.3, vendors approved by the department who exclusively provide either initial or continuing education courses for certification of administrators of an adult residential facility as defined by the department, a group home facility as defined by the department, a short-term residential treatment center as defined by the department, or a residential care facility for the elderly as defined in subdivision (k) of Section 1569.2, shall be regulated solely by the department pursuant to this chapter. No other state or local governmental entity shall be responsible for regulating the activity of those vendors.
SEC. 40.Section 1563 of the Health and Safety Code is amended to read:1563.(a)The department shall ensure that licensing personnel at the department have appropriate training to properly carry out this chapter.
(b)The department shall institute a staff development and training program to develop among departmental staff the knowledge and understanding necessary to successfully carry out this chapter. Specifically, the program shall do all of the following:
(1)Provide staff with 36 hours of training per year that reflects the needs of persons served by community care facilities. This training shall, where appropriate, include specialized instruction in the needs of foster children, persons with mental disorders, or developmental or physical disabilities, or other groups served by specialized community care facilities.
(2)Give priority to applications for employment from persons with experience as care providers to persons served by community care facilities.
(3)Provide new staff with comprehensive training within the first six months of employment. This comprehensive training shall, at a minimum, include the following core areas: administrative action process, client populations, conducting facility visits, cultural awareness, documentation skills, facility operations, human relation skills, interviewing techniques, investigation processes, and regulation administration.
(c)In addition to the requirements in subdivision (b), group home, short-term residential treatment center, and foster family agency licensing personnel shall receive a minimum of 24 hours of training per year to increase their understanding of children in group homes, short-term residential treatment centers, certified homes, and foster family homes. The training shall cover, but not be limited to, all of the following topics:
(1)The types and characteristics of emotionally troubled children.
(2)The high-risk behaviors they exhibit.
(3)The biological, psychological, interpersonal, and social contributors to these behaviors.
(4)The range of management and treatment interventions utilized for these children, including, but not limited to, nonviolent, emergency intervention techniques.
(5)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(d)The training described in subdivisions (b) and (c) may include the following topics:
(1)An overview of the child protective and probation systems.
(2)The effects of trauma, including grief and loss, and child abuse or neglect on child development and behavior, and methods to behaviorally support children impacted by that trauma or child abuse and neglect.
(3)Positive discipline and the importance of self-esteem.
(4)Health issues in foster care, including, but not limited to, the authorization, uses, risks, benefits, assistance with self-administration, oversight, and monitoring of psychotropic medications, and trauma, mental health, and substance use disorder treatments for children in foster care under the jurisdiction of the juvenile court, including how to access those treatments.
(5)Accessing the services and supports available to foster children to address educational needs, physical, mental, and behavioral health, substance use disorders, and culturally relevant services.
(6)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 for children identifying as lesbian, gay, bisexual, and transgender.
(7)Understanding how to use best practices for providing care and supervision to commercially sexually exploited children.
(8)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.
(9)Understanding how to use best practices for providing care and supervision to nonminor dependents.
(10)Understanding how to use best practices for providing care and supervision to children with special health care needs.
(11)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.
(12)Permanence, well-being, and educational needs of children.
(13)Child and adolescent development, including sexual orientation, gender identity, and gender expression.
(14)The role of foster parents, including working cooperatively with the child welfare or probation agency, the childs family, and other service providers implementing the case plan.
(15)A foster parents responsibility to act as a reasonable and prudent parent, and to provide a family setting that promotes normal childhood experiences that serve the needs of the child.
(16)Physical and psychosocial needs of children, including behavior management, deescalation techniques, and trauma informed crisis management planning.
SEC. 41.Section 1567.4 of the Health and Safety Code is amended to read:1567.4.The State Department of Social Services shall provide, at cost, quarterly to each county and to each city, upon the request of the county or city, and to the chief probation officer of each county and city and county, a roster of all community care facilities licensed as small family homes, short-term residential treatment centers, or group homes located in the county, which provide services to wards of the juvenile court, including information as to whether each facility is licensed by the state or the county, the type of facility, and the licensed bed capacity of each such facility. Information concerning the facility shall be limited to that available through the computer system of the State Department of Social Services.
SEC. 42.Section 11105.08 of the Penal Code is amended to read:11105.08.(a)Notwithstanding any other law, a tribal agency may request from the Department of Justice state and federal level summary criminal history information for the purpose of approving a tribal home for the placement of an Indian child into foster or adoptive care.
(b)A tribal agency shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice of an individual applying with the tribal agency as a prospective foster parent or adoptive parent, any adult who resides or is employed in the home of an applicant, any person who has a familial or intimate relationship with any person living in the home of an applicant, or employee of the child welfare agency who may have contact with a child, 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 and also 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 released on bail or on his or her own recognizance pending trial or appeal.
(c)Upon receipt of a request for federal summary criminal history information received pursuant to this section, the Department of Justice shall forward the request to the Federal Bureau of Investigation. The Department of Justice shall review the information returned from the Federal Bureau of Investigation and compile and disseminate a response to the requesting tribal child welfare agency.
(d)The Department of Justice shall provide a state and federal level response to a tribal child welfare agency pursuant to subdivision (m) of Section 11105 of the Penal Code.
(e)A tribal agency shall request from the Department of Justice subsequent notification service pursuant to Section 11105.2 of the Penal Code for persons described in paragraph (b).
(f)The Department of Justice may charge a fee sufficient to cover the reasonable and appropriate costs of processing the request pursuant to this section.
(g)As used in this section a tribal agency means an entity designated by a federally recognized tribe as authorized to approve a home consistent with the federal Indian Child Welfare Act (25 U.S.C. 1903 et seq.), for the purpose of placement of an Indian child into foster or adoptive care, including the authority to conduct a criminal or child abuse background check of, and grant exemptions to, an individual who is a prospective foster or adoptive parent, an adult who resides or is employed in the home of an applicant for approval, any person who has a familial or intimate relationship with any person living in the home of an applicant, or an employee of a tribal child welfare agency who may have contact with a child.
SEC. 43.Section 11105.2 of the Penal Code is amended to read:11105.2.(a)The Department of Justice may provide subsequent state or federal arrest or disposition notification to any entity authorized by state or federal law to receive state or federal summary criminal history information to assist in fulfilling employment, licensing, certification duties, or the duties of approving relative caregivers, nonrelative extended family members, and resource families upon the arrest or disposition of any person whose fingerprints are maintained on file at the Department of Justice or the Federal Bureau of Investigation as the result of an application for licensing, employment, certification, or approval. Nothing in this section shall authorize the notification of a subsequent disposition pertaining to a disposition that does not result in a conviction, unless the department has previously received notification of the arrest and has previously lawfully notified a receiving entity of the pending status of that arrest. When the department supplies subsequent arrest or disposition notification to a receiving entity, the entity shall, at the same time, expeditiously furnish a copy of the information to the person to whom it relates if the information is a basis for an adverse employment, licensing, or certification decision. When furnished other than in person, the copy shall be delivered to the last contact information provided by the applicant.
(b)For purposes of this section, approval means those duties described in subdivision (d) of Section 309 of the Welfare and Institutions Code for approving the home of a relative caregiver or of a nonrelative extended family member for placement of a child supervised by the juvenile court, and those duties in Section 16519.5 of the Welfare and Institutions Code for resource families.
(c)Any entity, other than a law enforcement agency employing peace officers as defined in Section 830.1, subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section 830.3, subdivisions (a) and (b) of Section 830.5, and subdivision (a) of Section 830.31, shall enter into a contract with the Department of Justice in order to receive notification of subsequent state or federal arrests or dispositions for licensing, employment, or certification purposes.
(d)Any entity that submits the fingerprints of applicants for licensing, employment, certification, or approval to the Department of Justice for the purpose of establishing a record of the applicant to receive notification of subsequent state or federal arrests or dispositions shall immediately notify the department when the employment of the applicant is terminated, when the applicants license or certificate is revoked, when the applicant may no longer renew or reinstate the license or certificate, or when a relative caregivers or nonrelative extended family members approval is terminated. The Department of Justice shall terminate state or federal subsequent notification on any applicant upon the request of the licensing, employment, certifying, or approving authority.
(e)Any entity that receives a notification of a state or federal subsequent arrest or disposition for a person unknown to the entity, or for a person no longer employed by the entity, or no longer eligible to renew the certificate or license for which subsequent notification service was established shall immediately return the subsequent notification to the Department of Justice, informing the department that the entity is no longer interested in the applicant. The entity shall not record or otherwise retain any information received as a result of the subsequent notice.
(f)Any entity that submits the fingerprints of an applicant for employment, licensing, certification, or approval to the Department of Justice for the purpose of establishing a record at the department or the Federal Bureau of Investigation to receive notification of subsequent arrest or disposition shall immediately notify the department if the applicant is not subsequently employed, or if the applicant is denied licensing certification, or approval.
(g)An entity that fails to provide the Department of Justice with notification as set forth in subdivisions (c), (d), and (e) may be denied further subsequent notification service.
(h)Notwithstanding subdivisions (c), (d), and (f), subsequent notification by the Department of Justice and retention by the employing agency shall continue as to retired peace officers listed in subdivision (c) of Section 830.5.
SEC. 44.Section 11105.3 of the Penal Code is amended to read:11105.3.(a)Notwithstanding any other law, a human resource agency or an employer may request from the Department of Justice records of all convictions or any arrest pending adjudication involving the offenses specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code of a person who applies for a license, employment, or volunteer position, in which he or she would have supervisory or disciplinary power over a minor or any person under his or her care. The department shall furnish the information to the requesting employer and shall also send a copy of the information to the applicant.
(b)Any request for records under subdivision (a) shall include the applicants fingerprints, which may be taken by the requester, and any other data specified by the department. The request shall be on a form approved by the department, and the department may charge a fee to be paid by the employer, human resource agency, or applicant for the actual cost of processing the request. However, no fee shall be charged to a nonprofit organization. Requests received by the department for federal level criminal offender record information shall be forwarded to the Federal Bureau of Investigation by the department to be searched for any record of arrests or convictions.
(c)(1)When a request pursuant to this section reveals that a prospective employee or volunteer has been convicted of a violation or attempted violation of Section 220, 261.5, 262, 273a, 273d, or 273.5, or any sex offense listed in Section 290, except for the offense specified in subdivision (d) of Section 243.4, and where the agency or employer hires the prospective employee or volunteer, the agency or employer shall notify the parents or guardians of any minor who will be supervised or disciplined by the employee or volunteer. A conviction for a violation or attempted violation of an offense committed outside the State of California shall be included in this notice if the offense would have been a crime specified in this subdivision if committed in California. The notice shall be given to the parents or guardians with whom the child resides, and shall be given at least 10 days prior to the day that the employee or volunteer begins his or her duties or tasks. Notwithstanding any other law, any person who conveys or receives information in good faith and in conformity with this section is exempt from prosecution under Section 11142 or 11143 for that conveying or receiving of information. Notwithstanding subdivision (d), the notification requirements of this subdivision shall apply as an additional requirement of any other provision of law requiring criminal record access or dissemination of criminal history information.
(2)The notification requirement pursuant to paragraph (1) shall not apply to a misdemeanor conviction for violating Section 261.5 or to a conviction for violating Section 262 or 273.5. Nothing in this paragraph shall preclude an employer from requesting records of convictions for violating Section 261.5, 262, or 273.5 from the Department of Justice pursuant to this section.
(d)Nothing in this section supersedes any law requiring criminal record access or dissemination of criminal history information. In any conflict with another statute, dissemination of criminal history information shall be pursuant to the mandatory statute. This subdivision applies to, but is not limited to, requirements pursuant to Article 1 (commencing with Section 1500) of Chapter 3 of, and Chapter 3.2 (commencing with Section 1569) and Chapter 3.4 (commencing with Section 1596.70) of, Division 2 of, and Section 1522 of, the Health and Safety Code, and Sections 8712, 8811, and 8908 of the Family Code, and Section 16519.5 of the Welfare and Institutions Code.
(e)The department may adopt regulations to implement the provisions of this section as necessary.
(f)As used in this section, employer means any nonprofit corporation or other organization specified by the Attorney General that employs or uses the services of volunteers in positions in which the volunteer or employee has supervisory or disciplinary power over a child or children.
(g)As used in this section, human resource agency means a public or private entity, excluding any agency responsible for licensing of facilities pursuant to the California Community Care Facilities Act (Chapter 3 (commencing with Section 1500)), the California Residential Care Facilities for the Elderly Act (Chapter 3.2 (commencing with Section 1569)), Chapter 3.01 (commencing with Section 1568.01), and the California Child Day Care Facilities Act (Chapter 3.4 (commencing with Section 1596.70)) of Division 2 of the Health and Safety Code, responsible for determining the character and fitness of a person who is:
(1)Applying for a license, employment, or as a volunteer within the human services field that involves the care and security of children, the elderly, the handicapped, or the mentally impaired.
(2)Applying to be a volunteer who transports individuals impaired by drugs or alcohol.
(3)Applying to adopt a child or to be a foster parent.
(h)Except as provided in subdivision (c), any criminal history information obtained pursuant to this section is confidential and no recipient shall disclose its contents other than for the purpose for which it was acquired.
(i)As used in this subdivision, community youth athletic program means an employer having as its primary purpose the promotion or provision of athletic activities for youth under 18 years of age.
(j)A community youth athletic program, as defined in subdivision (i), may request state and federal level criminal history information pursuant to subdivision (a) for a volunteer coach or hired coach candidate. The director of the community youth athletic program shall be the custodian of records.
(k)The community youth athletic program may request from the Department of Justice subsequent arrest notification service, as provided in Section 11105.2, for a volunteer coach or a hired coach candidate.
(l)Compliance with this section does not remove or limit the liability of a mandated reporter pursuant to Section 11166.
SEC. 45.Section 11170 of the Penal Code is amended to read:11170.(a)(1)The Department of Justice shall maintain an index of all reports of child abuse and severe neglect submitted pursuant to Section 11169. The index shall be continually updated by the department and shall not contain any reports that are determined to be not substantiated. The department may adopt rules governing recordkeeping and reporting pursuant to this article.
(2)The department shall act only as a repository of reports of suspected child abuse and severe neglect to be maintained in the Child Abuse Central Index (CACI) pursuant to paragraph (1). The submitting agencies are responsible for the accuracy, completeness, and retention of the reports described in this section. The department shall be responsible for ensuring that the CACI accurately reflects the report it receives from the submitting agency.
(3)Only information from reports that are reported as substantiated shall be filed pursuant to paragraph (1), and all other determinations shall be removed from the central list. If a person listed in the CACI was under 18 years of age at the time of the report, the information shall be deleted from the CACI 10 years from the date of the incident resulting in the CACI listing, if no subsequent report concerning the same person is received during that time period.
(b)The provisions of subdivision (c) of Section 11169 apply to any information provided pursuant to this subdivision.
(1)The Department of Justice shall immediately notify an agency that submits a report pursuant to Section 11169, or a prosecutor who requests notification, of any information maintained pursuant to subdivision (a) that is relevant to the known or suspected instance of child abuse or severe neglect reported by the agency. The agency shall make that information available to the reporting health care practitioner who is treating a person reported as a possible victim of known or suspected child abuse. The agency shall make that information available to the reporting child custodian, Child Abuse Prevention and Treatment Act guardian ad litem appointed under Rule 5.662 of the California Rules of Court, or counsel appointed under Section 317 or 318 of the Welfare and Institutions Code, or the appropriate licensing agency, if he or she or the licensing agency is handling or investigating a case of known or suspected child abuse or severe neglect.
(2)When a report is made pursuant to subdivision (a) of Section 11166, or Section 11166.05, the investigating agency, upon completion of the investigation or after there has been a final disposition in the matter, shall inform the person required or authorized to report of the results of the investigation and of any action the agency is taking with regard to the child or family.
(3)The Department of Justice shall make relevant information from the CACI available to a law enforcement agency, county welfare department, tribal agency pursuant to Section 10553.12 of the Welfare and Institutions Code, or county probation department that is conducting a child abuse investigation.
(4)The department shall make available to the State Department of Social Services, or to any county licensing agency that has contracted with the state for the performance of licensing duties, or to a tribal court or tribal child welfare agency of a tribe, consortium of tribes, or tribal organization that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code, information regarding a known or suspected child abuser maintained pursuant to this section and subdivision (a) of Section 11169 concerning any person who is an applicant for licensure or approval, or any adult who resides or is employed in the home of an applicant for licensure or approval, or who is an applicant for employment in a position having supervisorial or disciplinary power over a child or children, or who will provide 24-hour care for a child or children in a residential home or facility, pursuant to Section 1522.1 or 1596.877 of the Health and Safety Code, or Section 8714, 8802, 8912, or 9000 of the Family Code, or Section 11403.2 of the Welfare and Institutions Code.
(5)The Department of Justice shall make available to a Court Appointed Special Advocate program that is conducting a background investigation of an applicant seeking employment with the program or a volunteer position as a Court Appointed Special Advocate, as defined in Section 101 of the Welfare and Institutions Code, information contained in the index regarding known or suspected child abuse by the applicant.
(6)For purposes of child death review, the Department of Justice shall make available to the chairperson, or the chairpersons designee, for each county child death review team, or the State Child Death Review Council, information for investigative purposes only that is maintained in the CACI pursuant to subdivision (a) relating to the death of one or more children and any prior child abuse or neglect investigation reports maintained involving the same victims, siblings, or suspects. Local child death review teams may share any relevant information regarding case reviews involving child death with other child death review teams.
(7)The department shall make available to investigative agencies or probation officers, or court investigators acting pursuant to Section 1513 of the Probate Code, responsible for placing children or assessing the possible placement of children pursuant to Article 6 (commencing with Section 300), Article 7 (commencing with Section 305), Article 10 (commencing with Section 360), or Article 14 (commencing with Section 601) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, or Article 2 (commencing with Section 1510) or Article 3 (commencing with Section 1540) of Chapter 1 of Part 2 of Division 4 of the Probate Code, information regarding a known or suspected child abuser contained in the index concerning any adult residing in the home where the child may be placed, when this information is requested for purposes of ensuring that the placement is in the best interest of the child. Upon receipt of relevant information concerning child abuse or neglect investigation reports contained in the CACI from the Department of Justice pursuant to this subdivision, the agency or court investigator shall notify, in writing, the person listed in the CACI that he or she is in the index. The notification shall include the name of the reporting agency and the date of the report.
(8)Pursuant to Section 10553.12 of the Welfare and Institutions Code, the department shall make available to a tribal agency information regarding a known or suspected child abuser maintained pursuant to this section or subdivision (a) of Section 11169 who is being considered as a prospective foster or adoptive parent, an adult who resides or is employed in the home of an applicant for approval, any person who has a familial or intimate relationship with any person living in the home of an applicant, or an employee of the tribal agency who may have contact with children.
(9)The Department of Justice shall make available to a government agency conducting a background investigation pursuant to Section 1031 of the Government Code of an applicant seeking employment as a peace officer, as defined in Section 830, information regarding a known or suspected child abuser maintained pursuant to this section concerning the applicant.
(10)The Department of Justice shall make available to a county child welfare agency or delegated county adoption agency, as defined in Section 8515 of the Family Code, conducting a background investigation, or a government agency conducting a background investigation on behalf of one of those agencies, information regarding a known or suspected child abuser maintained pursuant to this section and subdivision (a) of Section 11169 concerning any applicant seeking employment or volunteer status with the agency who, in the course of his or her employment or volunteer work, will have direct contact with children who are alleged to have been, are at risk of, or have suffered, abuse or neglect.
(11)(A)Persons or agencies, as specified in subdivision (b), if investigating a case of known or suspected child abuse or neglect, or the State Department of Social Services or any county licensing agency pursuant to paragraph (4), or a Court Appointed Special Advocate (CASA) program conducting a background investigation for employment or volunteer candidates pursuant to paragraph (5), or an investigative agency, probation officer, or court investigator responsible for placing children or assessing the possible placement of children pursuant to paragraph (7), or a government agency conducting a background investigation of an applicant seeking employment as a peace officer pursuant to paragraph (9), or a county child welfare agency or delegated county adoption agency conducting a background investigation of an applicant seeking employment or volunteer status who, in the course of his or her employment or volunteer work, will have direct contact with children who are alleged to have been, are at risk of, or have suffered, abuse or neglect, pursuant to paragraph (10), to whom disclosure of any information maintained pursuant to subdivision (a) is authorized, are responsible for obtaining the original investigative report from the reporting agency, and for drawing independent conclusions regarding the quality of the evidence disclosed, and its sufficiency for making decisions regarding investigation, prosecution, licensing, placement of a child, employment or volunteer positions with a CASA program, or employment as a peace officer.
(B)If CACI information is requested by an agency for the temporary placement of a child in an emergency situation pursuant to Article 7 (commencing with Section 305) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, the department is exempt from the requirements of Section 1798.18 of the Civil Code if compliance would cause a delay in providing an expedited response to the agencys inquiry and if further delay in placement may be detrimental to the child.
(12)(A)Whenever information contained in the Department of Justice files is furnished as the result of an application for employment or licensing or volunteer status pursuant to paragraph (4), (5), (8), (9), or (10), the Department of Justice may charge the person or entity making the request a fee. The fee shall not exceed the reasonable costs to the department of providing the information. The only increase shall be at a rate not to exceed the legislatively approved cost-of-living adjustment for the department. In no case shall the fee exceed fifteen dollars ($15).
(B)All moneys received by the department pursuant to this section to process trustline applications for purposes of Chapter 3.35 (commencing with Section 1596.60) of Division 2 of the Health and Safety Code shall be deposited in a special account in the General Fund that is hereby established and named the Department of Justice Child Abuse Fund. Moneys in the fund shall be available, upon appropriation by the Legislature, for expenditure by the department to offset the costs incurred to process trustline automated child abuse or neglect system checks pursuant to this section.
(C)All moneys, other than those described in subparagraph (B), received by the department pursuant to this paragraph shall be deposited in a special account in the General Fund which is hereby created and named the Department of Justice Sexual Habitual Offender Fund. The funds shall be available, upon appropriation by the Legislature, for expenditure by the department to offset the costs incurred pursuant to Chapter 9.5 (commencing with Section 13885) and Chapter 10 (commencing with Section 13890) of Title 6 of Part 4, and the DNA and Forensic Identification Data Base and Data Bank Act of 1998 (Chapter 6 (commencing with Section 295) of Title 9 of Part 1), and for maintenance and improvements to the statewide Sexual Habitual Offender Program and the California DNA offender identification file (CAL-DNA) authorized by Chapter 9.5 (commencing with Section 13885) of Title 6 of Part 4 and the DNA and Forensic Identification Data Base and Data Bank Act of 1998 (Chapter 6 (commencing with Section 295) of Title 9 of Part 1).
(c)(1)The Department of Justice shall make available to any agency responsible for placing children pursuant to Article 7 (commencing with Section 305) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, upon request, relevant information concerning child abuse or neglect reports contained in the index, when making a placement with a responsible relative pursuant to Sections 281.5, 305, and 361.3 of the Welfare and Institutions Code. Upon receipt of relevant information concerning child abuse or neglect reports contained in the index from the Department of Justice pursuant to this subdivision, the agency shall also notify in writing the person listed in the CACI that he or she is in the index. The notification shall include the location of the original investigative report and the submitting agency. The notification shall be submitted to the person listed at the same time that all other parties are notified of the information, and no later than the actual judicial proceeding that determines placement.
(2)If information is requested by an agency for the placement of a child with a responsible relative in an emergency situation pursuant to Article 7 (commencing with Section 305) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, the department is exempt from the requirements of Section 1798.18 of the Civil Code if compliance would cause a delay in providing an expedited response to the child protective agencys inquiry and if further delay in placement may be detrimental to the child.
(d)The department shall make available any information maintained pursuant to subdivision (a) to out-of-state law enforcement agencies conducting investigations of known or suspected child abuse or neglect only when an agency makes the request for information in writing and on official letterhead, or as designated by the department, identifying the suspected abuser or victim by name and date of birth or approximate age. The request shall be signed by the department supervisor of the requesting law enforcement agency. The written requests shall cite the out-of-state statute or interstate compact provision that requires that the information contained within these reports shall be disclosed only to law enforcement, prosecutorial entities, or multidisciplinary investigative teams, and shall cite the safeguards in place to prevent unlawful disclosure of any confidential information provided by the requesting state or the applicable interstate compact provision.
(e)(1)The department shall make available to an out-of-state agency, for purposes of approving a prospective foster or adoptive parent in compliance with the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248), information regarding a known or suspected child abuser maintained pursuant to subdivision (a) concerning the prospective foster or adoptive parent, and any other adult living in the home of the prospective foster or adoptive parent. The department shall make that information available only when the out-of-state agency makes the request indicating that continual compliance will be maintained with the requirement in paragraph (20) of subsection (a) of Section 671 of Title 42 of the United States Code that requires the state to have in place safeguards to prevent the unauthorized disclosure of information in any child abuse and neglect registry maintained by the state and prevent the information from being used for a purpose other than the conducting of background checks in foster or adoption placement cases.
(2)With respect to any information provided by the department in response to the out-of-state agencys request, the out-of-state agency is responsible for obtaining the original investigative report from the reporting agency, and for drawing independent conclusions regarding the quality of the evidence disclosed and its sufficiency for making decisions regarding the approval of prospective foster or adoptive parents.
(3)(A)Whenever information contained in the index is furnished pursuant to this subdivision, the department shall charge the out-of-state agency making the request a fee. The fee shall not exceed the reasonable costs to the department of providing the information. The only increase shall be at a rate not to exceed the legislatively approved cost-of-living adjustment for the department. In no case shall the fee exceed fifteen dollars ($15).
(B)All moneys received by the department pursuant to this subdivision shall be deposited in the Department of Justice Child Abuse Fund, established under subparagraph (B) of paragraph (12) of subdivision (b). Moneys in the fund shall be available, upon appropriation by the Legislature, for expenditure by the department to offset the costs incurred to process requests for information pursuant to this subdivision.
(f)(1)Any person may determine if he or she is listed in the CACI by making a request in writing to the Department of Justice. The request shall be notarized and include the persons name, address, date of birth, and either a social security number or a California identification number. Upon receipt of a notarized request, the Department of Justice shall make available to the requesting person information identifying the date of the report and the submitting agency. The requesting person is responsible for obtaining the investigative report from the submitting agency pursuant to paragraph (11) of subdivision (b) of Section 11167.5.
(2)No person or agency shall require or request another person to furnish a copy of a record concerning himself or herself, or notification that a record concerning himself or herself exists or does not exist, pursuant to paragraph (1).
(g)If a person is listed in the CACI only as a victim of child abuse or neglect, and that person is 18 years of age or older, that person may have his or her name removed from the index by making a written request to the Department of Justice. The request shall be notarized and include the persons name, address, social security number, and date of birth.
SEC. 46.Section 319.3 of the Welfare and Institutions Code is amended to read:319.3.Notwithstanding Section 319, a dependent 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, a short-term residential treatment center, or in a temporary shelter care facility, as defined in Section 1530.8 of the Health and Safety Code, only when the court finds that placement is necessary to secure a complete and adequate evaluation, including placement planning and transition time. The placement period shall not exceed 60 days unless a case plan has been developed and the need for additional time is documented in the case plan and has been approved by a deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department.
SEC. 47.Section 361.2 of the Welfare and Institutions Code is amended to read:361.2.(a)When a court orders removal of a child pursuant to Section 361, the court shall first determine whether there is a parent of the child, with whom the child was not residing at the time that the events or conditions arose that brought the child within the provisions of Section 300, who desires to assume custody of the child. If that parent requests custody, the court shall place the child with the parent unless it finds that placement with that parent would be detrimental to the safety, protection, or physical or emotional well-being of the child. The fact that the parent is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with his or her parent shall not be, for that reason alone, prima facie evidence that placement with that parent would be detrimental.
(b)If the court places the child with that parent it may do any of the following:
(1)Order that the parent become legal and physical custodian of the child. The court may also provide reasonable visitation by the noncustodial parent. The court shall then terminate its jurisdiction over the child. The custody order shall continue unless modified by a subsequent order of the superior court. The order of the juvenile court shall be filed in any domestic relation proceeding between the parents.
(2)Order that the parent assume custody subject to the jurisdiction of the juvenile court and require that a home visit be conducted within three months. In determining whether to take the action described in this paragraph, the court shall consider any concerns that have been raised by the childs 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 parents immigration status.
(2)The approved home of a relative, regardless of the relatives immigration status.
(3)The approved home of a nonrelative extended family member as defined in Section 362.7.
(4)The approved home of a resource family as defined in Section 16519.5.
(5)A foster home in which the child has been placed before an interruption in foster care, if that placement is in the best interest of the child and space is available.
(6)A suitable licensed community care facility, except a runaway and homeless youth shelter licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code.
(7)With a foster family agency to be placed in a suitable licensed foster family home or certified family home which has been certified by the agency as meeting licensing standards.
(8)A home or facility in accordance with the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(9)A child under six years of age may be placed in a community care facility licensed as a group home for children, or a temporary shelter care facility as defined in Section 1530.8 of the Health and Safety Code, only under any of the following circumstances:
(A)(i)When a case plan indicates that placement is for purposes of providing short term, specialized, and intensive treatment to the child, the case plan specifies the need for, nature of, and anticipated duration of this treatment, pursuant to paragraph (2) of subdivision (c) of Section 16501.1, the facility meets the applicable regulations adopted under Section 1530.8 of the Health and Safety Code and standards developed pursuant to Section 11467.1 of this code, and the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department has approved the case plan.
(ii)The short term, specialized, and intensive treatment period shall not exceed 120 days, unless the county has made progress toward or is actively working toward implementing the case plan that identifies the services or supports necessary to transition the child to a family setting, circumstances beyond the countys control have prevented the county from obtaining those services or supports within the timeline documented in the case plan, and the need for additional time pursuant to the case plan is documented by the caseworker and approved by a deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department.
(iii)To the extent that placements pursuant to this paragraph are extended beyond an initial 120 days, the requirements of clauses (i) and (ii) shall apply to each extension. In addition, the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department shall approve the continued placement no less frequently than every 60 days.
(B)When a case plan indicates that placement is for purposes of providing family reunification services. In addition, the facility offers family reunification services that meet the needs of the individual child and his or her family, permits parents to have reasonable access to their children 24 hours a day, encourages extensive parental involvement in meeting the daily needs of their children, and employs staff trained to provide family reunification services. In addition, one of the following conditions exists:
(i)The childs parent is also a ward of the court and resides in the facility.
(ii)The childs parent is participating in a treatment program affiliated with the facility and the childs placement in the facility facilitates the coordination and provision of reunification services.
(iii)Placement in the facility is the only alternative that permits the parent to have daily 24-hour access to the child in accordance with the case plan, to participate fully in meeting all of the daily needs of the child, including feeding and personal hygiene, and to have access to necessary reunification services.
(10)(A)A child who is 6 to 12 years of age, inclusive, may be placed in a community care facility licensed as a group home for children only when a case plan indicates that placement is for purposes of providing short term, specialized, and intensive treatment for the child, the case plan specifies the need for, nature of, and anticipated duration of this treatment, pursuant to paragraph (2) of subdivision (c) of Section 16501.1, and is approved by the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department.
(B)The short term, specialized, and intensive treatment period shall not exceed six months, unless the county has made progress or is actively working toward implementing the case plan that identifies the services or supports necessary to transition the child to a family setting, circumstances beyond the countys control have prevented the county from obtaining those services or supports within the timeline documented in the case plan, and the need for additional time pursuant to the case plan is documented by the caseworker and approved by a deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department.
(C)To the extent that placements pursuant to this paragraph are extended beyond an initial six months, the requirements of subparagraphs (A) and (B) shall apply to each extension. In addition, the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department shall approve the continued placement no less frequently than every 60 days.
(11)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 childs 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 childs parent or guardian in order to facilitate reunification of the family.
(2)In the event that there are no appropriate placements available in the parents or guardians county of residence, a placement may be made in an appropriate place in another county, preferably a county located adjacent to the parents or guardians community of residence.
(3)Nothing in this section shall be interpreted as requiring multiple disruptions of the childs 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 parents or guardians 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 childs parents or guardians county of residence, the specific reason the out-of-county placement is necessary shall be documented in the childs 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 childs 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 childs 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 childs 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 courts jurisdiction, or any nondependent siblings in the physical custody of a parent subject to the courts 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 childs 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 childs caregiver is able to meet the day-to-day health, safety, and well-being needs of the child.
(B)The childs caregiver is permitted to maintain the least restrictive family setting that promotes normal childhood experiences and 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 childs 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 childs 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.
(3)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 48.Section 361.2 is added to the Welfare and Institutions Code, 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 childs 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 parents immigration status.
(2)The approved home of a relative, regardless of the relatives immigration status.
(3)The approved home of a nonrelative extended family member as defined in Section 362.7.
(4)The approved home of a resource family as defined in Section 16519.5.
(5)A foster home considering first a foster home in which the child has been placed before an interruption in foster care, if that placement is in the best interest of the child and space is available.
(6)A home or facility in accordance with the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(7)A suitable licensed community care facility, except a runaway and homeless youth shelter licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code.
(8)With a foster family agency, as defined in subdivision (g) of Section 11400 and paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code, to be placed in a suitable family home certified or approved by the agency.
(9)A child of any age who is placed in a community care facility licensed as a group home for children or a short-term residential treatment center, as defined in subdivision (ad) of Section 11400 and paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code, shall have a case plan that indicates that placement is for purposes of providing short term, specialized, and intensive treatment for the child, the case plan specifies the need for, nature of, and anticipated duration of this treatment, pursuant to paragraph (2) of subdivision (c) of Section 16501.1, and the case plan includes transitioning the child to a less restrictive environment and the projected timeline by which the child will be transitioned to a less restrictive environment. If the placement is longer than six months, the placement shall be documented consistent with paragraph (3) of subdivision (a) of Section 16501.1 and shall be approved by the deputy director or director of the county child welfare department.
(A)A child under six years of age shall not be placed in a community care facility licensed as a group home for children, or a short-term residential treatment center, except under the following circumstances:
(i)When the facility meets the applicable regulations adopted under Section 1530.8 of the Health and Safety Code and standards developed pursuant to Section 11467.1 of this code, and the deputy director or director of the county child welfare department has approved the case plan.
(ii)The short term, specialized, and intensive treatment period shall not exceed 120 days, unless the county has made progress toward or is actively working toward implementing the case plan that identifies the services or supports necessary to transition the child to a family setting, circumstances beyond the countys 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 childs parent is also under the jurisdiction of the court and resides in the facility.
(II)The childs parent is participating in a treatment program affiliated with the facility and the childs 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 countys 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 childs 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 childs parent or guardian in order to facilitate reunification of the family.
(2)In the event that there are no appropriate placements available in the parents or guardians county of residence, a placement may be made in an appropriate place in another county, preferably a county located adjacent to the parents or guardians community of residence.
(3)Nothing in this section shall be interpreted as requiring multiple disruptions of the childs 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 parents or guardians 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 childs parents or guardians county of residence, the specific reason the out-of-county placement is necessary shall be documented in the childs 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 childs 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 childs 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 childs 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 courts jurisdiction, or any nondependent siblings in the physical custody of a parent subject to the courts 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 childs 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 childs caregiver is able to meet the day-to-day health, safety, and well-being needs of the child.
(B)The childs 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 childs 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 childs 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. 49.Section 706.6 of the Welfare and Institutions Code is amended to read:706.6.(a)Services to minors are best provided in a framework that integrates service planning and delivery among multiple service systems, including the mental health system, using a team-based approach, such as a child and family team. A child and family team brings together individuals that engage with the child or youth and family in assessing, planning, and delivering services. Use of a team approach increases efficiency, and thus reduces cost, by increasing coordination of formal services and integrating the natural and informal supports available to the child or youth and family.
(b)(1)For the purposes of this section, child and family team has the same meaning as in paragraph (4) of subdivision (a) of Section 16501.
(2)In its development of the case plan, the probation agency shall consider any recommendations of the child and family team, as defined in paragraph (4) of subdivision (a) of Section 16501. The agency shall document the rationale for any inconsistencies between the case plan and the child and family team recommendations.
(c)A case plan prepared as required by Section 706.5 shall be submitted to the court. It shall either be attached to the social study or incorporated as a separate section within the social study. The case plan shall include, but not be limited to, the following information:
(1)A description of the circumstances that resulted in the minor being placed under the supervision of the probation department and in foster care.
(2)Documentation of the preplacement assessment of the minors and familys strengths and service needs showing that preventive services have been provided, and that reasonable efforts to prevent out-of-home placement have been made. The assessment shall include the type of placement best equipped to meet those needs.
(3)(A)A description of the type of home or institution in which the minor is to be placed, and the reasons for that placement decision, including a discussion of the safety and appropriateness of the placement, including the recommendations of the child and family team, if available.
(B)An appropriate placement is a placement in the least restrictive, most family-like environment that promotes normal childhood experiences, in closest proximity to the minors home, that meets the minors best interests and special needs.
(d)The following shall apply:
(1)The agency selecting a placement shall consider, in order of priority:
(A)Placement with relatives, nonrelated extended family members, and tribal members.
(B)Foster family homes and certified homes or resource families of foster family agencies.
(C)Treatment and intensive treatment certified homes or resource families of foster family agencies, or multidimensional treatment foster homes or therapeutic foster care homes.
(D)Group care placements in the following order:
(i)Short-term residential treatment centers.
(ii)Group homes.
(iii)Community treatment facilities.
(iv)Out-of-state residential treatment pursuant to Part 5 (commencing with Section 7900) of Division 12 of the Family Code.
(2)Although the placement options shall be considered in the preferential order specified in paragraph (1), the placement of a child may be with any of these placement settings in order to ensure the selection of a safe placement setting that is in the childs best interests and meets the childs special needs.
(3)A minor may be placed into a community care facility licensed as a short-term residential treatment center, as defined in subdivision (ad) of Section 11400, provided the case plan indicates that the placement is for the purposes of providing short-term, specialized, and intensive treatment for the minor, the case plan specifies the need for, nature of, and anticipated duration of this treatment, and the case plan includes transitioning the minor to a less restrictive environment and the projected timeline by which the minor will be transitioned to a less restrictive environment.
(e)Effective January 1, 2010, a case plan shall ensure the educational stability of the child while in foster care and shall include both of the following:
(1)Assurances that the placement takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement.
(2)An assurance that the placement agency has coordinated with appropriate local educational agencies to ensure that the child remains in the school in which the child is enrolled at the time of placement, or, if remaining in that school is not in the best interests of the child, assurances by the placement agency and the local educational agency to provide immediate and appropriate enrollment in a new school and to provide all of the childs educational records to the new school.
(f)Specific time-limited goals and related activities designed to enable the safe return of the minor to his or her home, or in the event that return to his or her home is not possible, activities designed to result in permanent placement or emancipation. Specific responsibility for carrying out the planned activities shall be assigned to one or more of the following:
(1)The probation department.
(2)The minors parent or parents or legal guardian or guardians, as applicable.
(3)The minor.
(4)The foster parents or licensed agency providing foster care.
(g)The projected date of completion of the case plan objectives and the date services will be terminated.
(h)(1)Scheduled visits between the minor and his or her family and an explanation if no visits are made.
(2)Whether the child has other siblings, and, if any siblings exist, all of the following:
(A)The nature of the relationship between the child and his or her siblings.
(B)The appropriateness of developing or maintaining the sibling relationships pursuant to Section 16002.
(C)If the siblings are not placed together in the same home, why the siblings are not placed together and what efforts are being made to place the siblings together, or why those efforts are not appropriate.
(D)If the siblings are not placed together, all of the following:
(i)The frequency and nature of the visits between the siblings.
(ii)If there are visits between the siblings, whether the visits are supervised or unsupervised. If the visits are supervised, a discussion of the reasons why the visits are supervised, and what needs to be accomplished in order for the visits to be unsupervised.
(iii)If there are visits between the siblings, a description of the location and length of the visits.
(iv)Any plan to increase visitation between the siblings.
(E)The impact of the sibling relationships on the childs placement and planning for legal permanence.
(F)The continuing need to suspend sibling interaction, if applicable, pursuant to subdivision (c) of Section 16002.
(3)The factors the court may consider in making a determination regarding the nature of the childs sibling relationships may include, but are not limited to, whether the siblings were raised together in the same home, whether the siblings have shared significant common experiences or have existing close and strong bonds, whether either sibling expresses a desire to visit or live with his or her sibling, as applicable, and whether ongoing contact is in the childs best emotional interests.
(i)(1)When placement is made in a foster family home, group home, or other child care institution that is either a substantial distance from the home of the minors parent or legal guardian or out-of-state, the case plan shall specify the reasons why the placement is the most appropriate and is in the best interest of the minor.
(2)When an out-of-state group home placement is recommended or made, the case plan shall comply with Section 727.1 and Section 7911.1 of the Family Code. In addition, documentation of the recommendation of the multidisciplinary team and the rationale for this particular placement shall be included. The case plan shall also address what in-state services or facilities were used or considered and why they were not recommended.
(j)If applicable, efforts to make it possible to place siblings together, unless it has been determined that placement together is not in the best interest of one or more siblings.
(k)A schedule of visits between the minor and the probation officer, including a monthly visitation schedule for those children placed in group homes.
(l)Health and education information about the minor, school records, immunizations, known medical problems, and any known medications the minor may be taking, names and addresses of the minors health and educational providers; the minors grade level performance; assurances that the minors placement in foster care takes into account proximity to the school in which the minor was enrolled at the time of placement; and other relevant health and educational information.
(m)When out-of-home services are used and the goal is reunification, the case plan shall describe the services that were provided to prevent removal of the minor from the home, those services to be provided to assist in reunification and the services to be provided concurrently to achieve legal permanency if efforts to reunify fail.
(n)The updated case plan prepared for a permanency planning hearing shall include a recommendation for a permanent plan for the minor. If, after considering reunification, adoptive placement, legal guardianship, or permanent placement with a fit and willing relative the probation officer recommends placement in a planned permanent living arrangement, the case plan shall include documentation of a compelling reason or reasons why termination of parental rights is not in the minors best interest. For purposes of this subdivision, a compelling reason shall have the same meaning as in subdivision (c) of Section 727.3.
(o)Each updated case plan shall include a description of the services that have been provided to the minor under the plan and an evaluation of the appropriateness and effectiveness of those services.
(p)A statement that the parent or legal guardian, and the minor have had an opportunity to participate in the development of the case plan, to review the case plan, to sign the case plan, and to receive a copy of the plan, or an explanation about why the parent, legal guardian, or minor was not able to participate or sign the case plan.
(q)For a minor in out-of-home care who is 16 years of age or older, a written description of the programs and services, which will help the minor prepare for the transition from foster care to independent living.
SEC. 49.5.Section 706.6 of the Welfare and Institutions Code is amended to read:706.6.(a)Services to minors are best provided in a framework that integrates service planning and delivery among multiple service systems, including the mental health system, using a team-based approach, such as a child and family team. A child and family team brings together individuals that engage with the child or youth and family in assessing, planning, and delivering services. Use of a team approach increases efficiency, and thus reduces cost, by increasing coordination of formal services and integrating the natural and informal supports available to the child or youth and family.
(b)(1)For the purposes of this section, child and family team has the same meaning as in paragraph (4) of subdivision (a) of Section 16501.
(2)In its development of the case plan, the probation agency shall consider any recommendations of the child and family team, as defined in paragraph (4) of subdivision (a) of Section 16501. The agency shall document the rationale for any inconsistencies between the case plan and the child and family team recommendations.
(c)A case plan prepared as required by Section 706.5 shall be submitted to the court. It shall either be attached to the social study or incorporated as a separate section within the social study. The case plan shall include, but not be limited to, the following information:
(1)A description of the circumstances that resulted in the minor being placed under the supervision of the probation department and in foster care.
(2)Documentation of the preplacement assessment of the minors and familys strengths and service needs showing that preventive services have been provided, and that reasonable efforts to prevent out-of-home placement have been made. The assessment shall include the type of placement best equipped to meet those needs.
(3)(A)A description of the type of home or institution in which the minor is to be placed, and the reasons for that placement decision, including a discussion of the safety and appropriateness of the placement, including the recommendations of the child and family team, if available.
(B)An appropriate placement is a placement in the least restrictive, most family-like environment that promotes normal childhood experiences, in closest proximity to the minors home, that meets the minors best interests and special needs.
(d)The following shall apply:
(1)The agency selecting a placement shall consider, in order of priority:
(A)Placement with relatives, nonrelated extended family members, and tribal members.
(B)Foster family homes and certified homes or resource families of foster family agencies.
(C)Treatment and intensive treatment certified homes or resource families of foster family agencies, or multidimensional treatment foster homes or therapeutic foster care homes.
(D)Group care placements in the following order:
(i)Short-term residential treatment centers.
(ii)Group homes.
(iii)Community treatment facilities.
(iv)Out-of-state residential treatment pursuant to Part 5 (commencing with Section 7900) of Division 12 of the Family Code.
(2)Although the placement options shall be considered in the preferential order specified in paragraph (1), the placement of a child may be with any of these placement settings in order to ensure the selection of a safe placement setting that is in the childs best interests and meets the childs special needs.
(3)A minor may be placed into a community care facility licensed as a short-term residential treatment center, as defined in subdivision (ad) of Section 11400, provided the case plan indicates that the placement is for the purposes of providing short-term, specialized, and intensive treatment for the minor, the case plan specifies the need for, nature of, and anticipated duration of this treatment, and the case plan includes transitioning the minor to a less restrictive environment and the projected timeline by which the minor will be transitioned to a less restrictive environment.
(e)Effective January 1, 2010, a case plan shall ensure the educational stability of the child while in foster care and shall include both of the following:
(1)Assurances that the placement takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement.
(2)An assurance that the placement agency has coordinated with appropriate local educational agencies to ensure that the child remains in the school in which the child is enrolled at the time of placement, or, if remaining in that school is not in the best interests of the child, assurances by the placement agency and the local educational agency to provide immediate and appropriate enrollment in a new school and to provide all of the childs educational records to the new school.
(f)Specific time-limited goals and related activities designed to enable the safe return of the minor to his or her home, or in the event that return to his or her home is not possible, activities designed to result in permanent placement or emancipation. Specific responsibility for carrying out the planned activities shall be assigned to one or more of the following:
(1)The probation department.
(2)The minors parent or parents or legal guardian or guardians, as applicable.
(3)The minor.
(4)The foster parents or licensed agency providing foster care.
(g)The projected date of completion of the case plan objectives and the date services will be terminated.
(h)(1)Scheduled visits between the minor and his or her family and an explanation if no visits are made.
(2)Whether the child has other siblings, and, if any siblings exist, all of the following:
(A)The nature of the relationship between the child and his or her siblings.
(B)The appropriateness of developing or maintaining the sibling relationships pursuant to Section 16002.
(C)If the siblings are not placed together in the same home, why the siblings are not placed together and what efforts are being made to place the siblings together, or why those efforts are not appropriate.
(D)If the siblings are not placed together, all of the following:
(i)The frequency and nature of the visits between the siblings.
(ii)If there are visits between the siblings, whether the visits are supervised or unsupervised. If the visits are supervised, a discussion of the reasons why the visits are supervised, and what needs to be accomplished in order for the visits to be unsupervised.
(iii)If there are visits between the siblings, a description of the location and length of the visits.
(iv)Any plan to increase visitation between the siblings.
(E)The impact of the sibling relationships on the childs placement and planning for legal permanence.
(F)The continuing need to suspend sibling interaction, if applicable, pursuant to subdivision (c) of Section 16002.
(3)The factors the court may consider in making a determination regarding the nature of the childs sibling relationships may include, but are not limited to, whether the siblings were raised together in the same home, whether the siblings have shared significant common experiences or have existing close and strong bonds, whether either sibling expresses a desire to visit or live with his or her sibling, as applicable, and whether ongoing contact is in the childs best emotional interests.
(i)(1)When placement is made in a foster family home, group home, or other child care institution that is either a substantial distance from the home of the minors parent or legal guardian or out of state, the case plan shall specify the reasons why the placement is the most appropriate and is in the best interest of the minor.
(2)When an out-of-state group home placement is recommended or made, the case plan shall comply with Section 727.1 of this code and Section 7911.1 of the Family Code. In addition, documentation of the recommendation of the multidisciplinary team and the rationale for this particular placement shall be included. The case plan shall also address what in-state services or facilities were used or considered and why they were not recommended.
(j)If applicable, efforts to make it possible to place siblings together, unless it has been determined that placement together is not in the best interest of one or more siblings.
(k)A schedule of visits between the minor and the probation officer, including a monthly visitation schedule for those children placed in group homes.
(l)Health and education information about the minor, school records, immunizations, known medical problems, and any known medications the minor may be taking, names and addresses of the minors health and educational providers; the minors grade level performance; assurances that the minors placement in foster care takes into account proximity to the school in which the minor was enrolled at the time of placement; and other relevant health and educational information.
(m)When out-of-home services are used and the goal is reunification, the case plan shall describe the services that were provided to prevent removal of the minor from the home, those services to be provided to assist in reunification and the services to be provided concurrently to achieve legal permanency if efforts to reunify fail.
(n)(1)The updated case plan prepared for a permanency planning hearing shall include a recommendation for a permanent plan for the minor. The identified permanent plan for a minor under 16 years of age shall be return home, adoption, legal guardianship, or placement with a fit and willing relative. The case plan shall identify any barriers to achieving legal permanence and the steps the agency will take to address those barriers.
(2)If, after considering reunification, adoptive placement, legal guardianship, or permanent placement with a fit and willing relative the probation officer recommends placement in a planned permanent living arrangement for a minor 16 years of age or older, the case plan shall include documentation of a compelling reason or reasons why termination of parental rights is not in the minors best interest. For purposes of this subdivision, a compelling reason shall have the same meaning as in subdivision (c) of Section 727.3. The case plan shall also identify the intensive and ongoing efforts to return the minor to the home of the parent, place the minor for adoption, establish a legal guardianship, or place the minor with a fit and willing relative, as appropriate. Efforts shall include the use of technology, including social media, to find biological family members of the minor.
(o)Each updated case plan shall include a description of the services that have been provided to the minor under the plan and an evaluation of the appropriateness and effectiveness of those services.
(p)A statement that the parent or legal guardian, and the minor have had an opportunity to participate in the development of the case plan, to review the case plan, to sign the case plan, and to receive a copy of the plan, or an explanation about why the parent, legal guardian, or minor was not able to participate or sign the case plan.
(q)For a minor in out-of-home care who is 16 years of age or older, a written description of the programs and services, which will help the minor prepare for the transition from foster care to successful adulthood.
SEC. 50.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 minors medical, surgical, and dental care and education as if the relative caregiver were the custodial parent of the minor.
(B)A foster home, the approved home of a resource family as defined in Section 16519.5, or a home or facility in accordance with the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(C)A suitable licensed community care facility, as identified by the probation officer, except a runaway and homeless youth shelter licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code.
(D)A foster family agency, as defined in subdivision (g) of Section 11400 and paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code, in a suitable program in a family home, which has been certified by the agency as meeting licensing standards. Commencing January 1, 2017, the requirements of Section 11462.01 shall be met.
(E)Commencing January 1, 2017, a minor or nonminor dependent may be placed in a short-term residential treatment center as defined in subdivision (ad) of Section 11400 and paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code, or a foster family agency, as defined in paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code. The placing agency shall also comply with requirements set forth in paragraph (9) of subdivision (e) of Section 361.2, which includes, but is not limited to, authorization, limitation on length of stay, extensions, and additional requirements related to minors. If the placement is longer than 12 months, the placement shall be approved by the chief probation officer of the county probation department, or his or her designee.
(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 minors 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 courts 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 minors 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. 51.Section 727.1 of the Welfare and Institutions Code is amended to read:727.1.(a)When the court orders the care, custody, and control of the minor to be under the supervision of the probation officer for foster care placement pursuant to subdivision (a) of Section 727, the decision regarding choice of placement, pursuant to Section 706.6, shall be based upon selection of a safe setting that is the least restrictive or most family like, and the most appropriate setting that meets the individual needs of the minor and is available, in proximity to the parents home, consistent with the selection of the environment best suited to meet the minors special needs and best interests. The selection shall consider, in order of priority, placement with relatives, tribal members, and foster family, group care, and residential treatment pursuant to Section 7950 of the Family Code.
(b)Unless otherwise authorized by law, the court may not order the placement of a minor who is adjudged a ward of the court on the basis that he or she is a person described by either Section 601 or 602 in a private residential facility or program that provides 24-hour supervision, outside of the state, unless the court finds, in its order of placement, that all of the following conditions are met:
(1)In-state facilities or programs have been determined to be unavailable or inadequate to meet the needs of the minor.
(2)The State Department of Social Services or its designee has performed initial and continuing inspection of the out-of-state residential facility or program and has either certified that the facility or program meets the greater of all licensure standards required of group homes or of short-term residential treatment centers operated in California, or that the department has granted a waiver to a specific licensing standard upon a finding that there exists no adverse impact to health and safety, pursuant to subdivision (c) of Section 7911.1 of the Family Code.
(3)The requirements of Section 7911.1 of the Family Code are met.
(c)If, upon inspection, the probation officer of the county in which the minor is adjudged a ward of the court determines that the out-of-state facility or program is not in compliance with the standards required under paragraph (2) of subdivision (b) or has an adverse impact on the health and safety of the minor, the probation officer may temporarily remove the minor from the facility or program. The probation officer shall promptly inform the court of the minors removal, and shall return the minor to the court for a hearing to review the suitability of continued out-of-state placement. The probation officer shall, within one business day of removing the minor, notify the State Department of Social Services Compact Administrator, and, within five working days, submit a written report of the findings and actions taken.
(d)The court shall review each of these placements for compliance with the requirements of subdivision (b) at least once every six months.
(e)The county shall not be entitled to receive or expend any public funds for the placement of a minor in an out-of-state group home or short-term residential treatment center, unless the conditions of subdivisions (b) and (d) are met.
SEC. 52.Section 827.11 is added to the Welfare and Institutions Code, to read:827.11.(a)The Legislature finds and declares all of the following:
(1)It is the intent of the Legislature to ensure quality care for children and youth who are placed in the continuum of foster care settings.
(2)Attracting and retaining quality caregivers is critical to achieving positive outcomes for children, youth, and families, and to ensuring the success of child welfare improvement efforts.
(3)Quality caregivers strengthen foster care by ensuring that a foster or relative family caring for a child provides the loving, committed, and skilled care that the child needs, while working effectively with the child welfare system to reach the childs goals.
(4)Caregivers who are informed of the childs educational, medical, dental, and mental health history and current needs are better able to meet those needs and address the effects of trauma, increasing placement stability and improving permanency outcomes.
(5)Sharing necessary information with the caregiver is a critical component of effective service delivery for children and youth in foster care.
(b)Therefore, consistent with state and federal law, information shall be provided to a caregiver regarding the childs or youths educational, medical, dental, and mental health history and current needs.
(c)This section is declaratory of existing law and is not intended to impose a new program or higher level of service upon any local agency. It is intended, however, that this restatement of existing law should engender a renewed sense of commitment to engaging foster parents in order to provide quality care to children and youth in foster care.
(d)No later than January 1, 2017, the department shall consult with representatives of the County Counsels Association of California, County Welfare Directors Association of California, and stakeholders to develop regulations or identify policy changes necessary to allow for the sharing of information as described in this section.
SEC. 53.Section 832 is added to the Welfare and Institutions Code, to read:832.(a)(1)To promote more effective communication needed for the development of a plan to address the needs of the child or youth and family, a person designated as a member of a child and family team as defined in paragraph (4) of subdivision (a) of Section 16501 may receive and disclose relevant information and records, subject to the confidentiality provisions of state and federal law.
(2)Information exchanged among the team shall be received in confidence for the limited purpose of providing necessary services and supports to the child or youth and family and shall not be further disclosed except to the juvenile court with jurisdiction over the child or as otherwise required by law. Civil and criminal penalties may apply to the inappropriate disclosure of information held by the team.
(b)(1) Each participant in the child and family team with legal power to consent shall sign an authorization to release information to team members. In the event that a child or youth who is a dependent or ward of the juvenile court does not have the legal power to consent to the release of information, the childs attorney or other authorized individual may consent on behalf of the child.
(2)Authorization to release information shall be in writing and shall comply with all other applicable state law governing release of medical, mental health, social service, and educational records, and that covers identified team members, including service providers, in order to permit the release of records to the team.
(3)This authorization shall not include release of adoption records.
(4)The knowing and informed consent to release information given pursuant to this section shall only be in force for the time that the child or youth, or family, or nonminor dependent, is participating in the child and family team.
(c)Upon obtaining the authorization to release information as described in subdivision (b), relevant information and records may be shared with members of the team. If the team determines that the disclosure of information would present a reasonable risk of a significant adverse or detrimental effect on the childs or youths psychological or physical safety, the information shall not be released.
(d)Information and records communicated or provided to the team, by all providers, programs, and agencies, as well as information and records created by the team in the course of serving its children, youth, and their families, shall be deemed private and confidential and shall be protected from discovery and disclosure by all applicable statutory and common law. Nothing in this section shall be construed to affect the authority of a health care provider to disclose medical information pursuant to paragraph (1) of subdivision (c) of Section 56.10 of the Civil Code.
(e)If the child welfare agency files or records, or any portions thereof, are privileged or confidential, pursuant to any other state law, except Section 827, or federal law or regulation, the requirements of that state law or federal law or regulation prohibiting or limiting release of the child welfare agency files or records, or any portions thereof, shall prevail.
(f)All discussions during team meetings are confidential unless disclosure is required by law. Notwithstanding any other law, testimony concerning any team meeting discussion is not admissible in any criminal or civil proceeding except as provided in paragraph (2) of subdivision (a).
(g)As used in this section, privileged information means any information subject to a privilege pursuant to Division 8 (commencing with Section 900) of the Evidence Code. Disclosure of otherwise privileged information to team members shall not be construed to waive the privilege.
SEC. 54.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 Californias 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, 2018.
(d)For the 200102 fiscal year, the 200203 fiscal year, the 200304 fiscal year, and the 200405 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. 55.Section 4096 of the Welfare and Institutions Code is amended to read:4096.(a)(1)Interagency collaboration and childrens program services shall be structured in a manner that will facilitate future implementation of the goals of Part 4 (commencing with Section 5850) of Division 5 to develop protocols outlining the roles and responsibilities of placing agencies and group homes regarding emergency and nonemergency placements of foster children in group homes.
(2)Components shall be added to state-county performance contracts required in Section 5650 that provide for reports from counties on how this section is implemented.
(3)The department shall develop performance contract components required by paragraph (2).
(4)Performance contracts subject to this section shall document that the procedures to be implemented in compliance with this section have been approved by the county social services department and the county probation department.
(b)Funds specified in subdivision (a) of Section 17601 for services to wards of the court and dependent children of the court shall be allocated and distributed to counties based on the number of wards of the court and dependent children of the court in the county.
(c)A county may utilize funds allocated pursuant to subdivision (b) only if the county has an established and operational interagency placement committee, with a membership that includes at least the county placement agency and a licensed mental health professional from the county department of mental health. If necessary, the funds may be used for costs associated with establishing the interagency placement committee.
(d)Subsequent to the establishment of an interagency placement committee, funds allocated pursuant to subdivision (b) shall be used to provide services to wards of the court and dependent children of the court jointly identified by county mental health, social services, and probation departments as the highest priority. Every effort shall be made to match those funds with funds received pursuant to Title XIX of the federal Social Security Act, contained in Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code.
(e)(1)Each interagency placement committee shall establish procedures whereby a ward of the court or dependent child of the court, or a voluntarily placed child whose placement is funded by the Aid to Families with Dependent Children-Foster Care Program, who is to be placed or is currently placed in a group home program at a rate classification level 13 or rate classification level 14 as specified in Section 11462.01, is assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3.
(2)The assessment required by paragraph (1) shall also indicate that the child or youth is in need of the care and services provided by that group home program.
(f)The interagency placement committee shall document the results of the assessment required by subdivision (e) and shall notify the appropriate group home provider and county placing agency, in writing, of those results within 10 days of the completion of the assessment.
(g)If the childs or youths placement is not funded by the Aid to Families with Dependent Children-Foster Care Program, a licensed mental health professional, which is defined to include a physician licensed under Section 2050 of the Business and Professions Code, a licensed psychologist within the meaning of subdivision (a) of Section 2902 of the Business and Professions Code, a licensed clinical social worker within the meaning of subdivision (a) of Section 4996 of the Business and Professions Code, a licensed marriage and family therapist within the meaning of subdivision (b) of Section 4980 of the Business and Professions Code, or a licensed professional clinical counselor within the meaning of subdivision (e) of Section 4999.12, shall certify that the child is assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3.
(h)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 56.Section 4096 is added to the Welfare and Institutions Code, to read:4096.(a)(1)Interagency collaboration and childrens program services shall be structured in a manner that will facilitate implementation of the goals of Part 4 (commencing with Section 5850) of Division 5 to develop protocols outlining the roles and responsibilities of placing agencies and short-term residential treatment centers regarding nonemergency placements of foster children in certified short-term residential treatment centers or foster family agencies.
(2)Components shall be added to state-county performance contracts required in Section 5650 that provide for reports from counties on how this section is implemented.
(3)The State Department of Health Care Services shall develop performance contract components required by paragraph (2).
(4)Performance contracts subject to this section shall document that the procedures to be implemented in compliance with this section have been approved by the county social services department and the county probation department.
(b)Funds specified in subdivision (a) of Section 17601 for services to wards of the court and dependent children of the court shall be allocated and distributed to counties based on the number of wards of the court and dependent children of the court in the county.
(c)A county may utilize funds allocated pursuant to subdivision (b) only if the county has established an operational interagency placement committee with a membership that includes at least the county placement agency and a licensed mental health professional from the county department of mental health. If necessary, the funds may be used for costs associated with establishing the interagency placement committee.
(d)Funds allocated pursuant to subdivision (b) shall be used to provide services to wards of the court and dependent children of the court jointly identified by county mental health, social services, and probation departments as the highest priority. Every effort shall be made to match those funds with funds received pursuant to Title XIX of the federal Social Security Act, contained in Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code.
(e)(1)Each interagency placement committee shall establish procedures whereby a ward of the court or dependent child of the court, or a voluntarily placed child whose placement is funded by the Aid to Families with Dependent Children-Foster Care Program, who is to be placed or is currently placed in a short-term residential treatment center program, as specified in Section 11462.01, or a group home granted an extension pursuant to Section 11462.04, shall be assessed to determine whether he or she meets the medical necessity criteria for Medi-Cal specialty mental health Early and Periodic Screening, Diagnosis, and Treatment services, as the criteria are described in Section 1830.210 of Title 9 of the California Code of Regulations, or assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3.
(2)The assessment required by paragraph (1) shall also indicate that the child is in need of the care and services provided by a short-term residential treatment center.
(3)Nothing in this subdivision shall prohibit an interagency placement committee from considering an assessment that was provided by a licensed mental health professional, as described in subdivision (g), and that was developed consistent with procedures established by the county pursuant to paragraph (1).
(f)The interagency placement committee shall document the results of the assessment required by subdivision (e) and shall notify the appropriate provider in writing, of those results within 10 days of the completion of the assessment.
(g)If the childs or youths placement is not funded by the Aid to Families with Dependent Children-Foster Care Program, a licensed mental health professional, or an otherwise recognized provider of mental health services, shall certify that the child has been assessed as meeting the medical necessity criteria for Medi-Cal specialty mental health Early and Periodic Screening, Diagnosis, and Treatment services, as the criteria are described in Section 1830.210 of Title 9 of the California Code of Regulations, or assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3. A licensed mental health professional includes a physician licensed under Section 2050 of the Business and Professions Code, a licensed psychologist within the meaning of subdivision (a) of Section 2902 of the Business and Professions Code, a licensed clinical social worker within the meaning of subdivision (a) of Section 4996 of the Business and Professions Code, a licensed marriage and family therapist within the meaning of subdivision (b) of Section 4980 of the Business and Professions Code, or a licensed professional clinical counselor within the meaning of subdivision (e) of Section 4999.12.
(h)This section shall become operative on January 1, 2017.
SEC. 57.Section 4096.1 is added to the Welfare and Institutions Code, to read:4096.1.(a)(1)Interagency collaboration and childrens program services shall be structured in a manner that will facilitate future implementation of the goals of Part 4 (commencing with Section 5850) of Division 5 to develop protocols outlining the roles and responsibilities of placing agencies and group homes regarding emergency and nonemergency placements of foster children in group homes.
(2)Components shall be added to state-county performance contracts required in Section 5650 that provide for reports from counties on how this section is implemented.
(3)The State Department of Health Care Services shall develop performance contract components required by paragraph (2).
(4)Performance contracts subject to this section shall document that the procedures to be implemented in compliance with this section have been approved by the county social services department and the county probation department.
(b)Funds specified in subdivision (a) of Section 17601 for services to wards of the court and dependent children of the court shall be allocated and distributed to counties based on the number of wards of the court and dependent children of the court in the county.
(c)A county may utilize funds allocated pursuant to subdivision (b) only if the county has established an operational interagency placement committee, with a membership that includes at least the county placement agency and a licensed mental health professional from the county department of mental health. If necessary, the funds may be used for costs associated with establishing the interagency placement committee.
(d)Subsequent to the establishment of an interagency placement committee, funds allocated pursuant to subdivision (b) shall be used to provide services to wards of the court and dependent children of the court jointly identified by county mental health, social services, and probation departments as the highest priority. Every effort shall be made to match those funds with funds received pursuant to Title XIX of the federal Social Security Act, contained in Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code.
(e)(1)Each interagency placement committee shall establish procedures whereby a ward of the court or dependent child of the court, or a voluntarily placed child whose placement is funded by the Aid to Families with Dependent Children-Foster Care Program, who is to be placed or is currently placed in a group home program at a rate classification level 13 or rate classification level 14 as specified in Section 11462.001, is assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3.
(2)The assessment required by paragraph (1) shall also indicate that the child or youth is in need of the care and services provided by that group home program.
(f)The interagency placement committee shall document the results of the assessment required by subdivision (e) and shall notify the appropriate group home provider and county placing agency, in writing, of those results within 10 days of the completion of the assessment.
(g)If the childs or youths placement is not funded by the Aid to Families with Dependent Children-Foster Care Program, a licensed mental health professional, as defined in subdivision (g) of Section 4096, shall certify that the child has been assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3.
(h)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 that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11463.1.
(i)This section shall become operative on January 1, 2017.
(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. 58.Section 4096.5 of the Welfare and Institutions Code is amended to read:4096.5.(a)The State Department of Health Care Services shall make a determination, within 45 days of receiving a request from a group home to be classified at RCL 13 or RCL 14 pursuant to Section 11462.01, to certify or deny certification that the group home program includes provisions for mental health treatment services that meet the needs of children who have been assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3. The department shall issue each certification for a period of one year and shall specify the effective date the program met the certification requirements. A program may be recertified if the program continues to meet the criteria for certification.
(b)The State Department of Health Care Services shall, in consultation with the County Behavioral Health Directors Association of California and representatives of provider organizations, develop the criteria for the certification required by subdivision (a) by July 1, 1992.
(c)(1)The State Department of Health Care Services may, upon the request of a county, delegate to that county the certification task.
(2)Any county to which the certification task is delegated pursuant to paragraph (1) shall use the criteria and format developed by the department.
(d)The State Department of Health Care Services or delegated county shall notify the State Department of Social Services Community Care Licensing Division immediately upon the termination of any certification issued in accordance with subdivision (a).
(e)Upon receipt of notification from the State Department of Social Services Community Care Licensing Division of any adverse licensing action taken after the finding of noncompliance during an inspection conducted pursuant to Section 1538.7 of the Health and Safety Code, the State Department of Health Care Services or the delegated county shall review the certification issued pursuant to this section.
(f)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 59.Section 4096.5 is added to the Welfare and Institutions Code, to read:4096.5.(a)All short-term residential treatment centers that operate a mental health program that serves children who have either been assessed as meeting the medical necessity criteria for Medi-Cal specialty mental health services under Early and Periodic Screening, Diagnosis, and Treatment services, as the criteria are described in Section 1830.20 of Title 9 of the California Code of Regulations, or who have been assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, shall obtain and have in good standing a mental health certification, as described in Section 11462.01, issued by the State Department of Health Care Services or a county mental health plan to which the department has delegated certification authority. This certification is a condition for receiving an Aid to Families with Dependent Children-Foster Care rate pursuant to Section 11462.01.
(b)The State Department of Health Care Services or a county mental health plan to which the department has delegated certification authority shall certify or deny certification within 45 days of receiving a certification request. The State Department of Health Care Services or a county mental health plan to which the department has delegated certification authority shall issue each certification for a period of one year and shall specify the effective date that the program met the program standards. Certified entities shall meet all program standards to be recertified.
(c)The State Department of Health Care Services shall promulgate regulations regarding program standards, oversight, enforcement, and due process for the mental health certification of short-term residential treatment centers.
(d)(1)Except for certification of short-term residential treatment centers operated by a county, the State Department of Health Care Services may, upon the request of a county, delegate to that county mental health plan the certification of short-term residential treatment center programs within its borders.
(2)Any county to which certification is delegated pursuant to paragraph (1) shall be responsible for the oversight and enforcement of program standards and the provision of due process for certified entities.
(e)The State Department of Health Care Services or a county mental health plan to which the department has delegated certification authority shall notify the State Department of Social Services immediately upon the termination of any certification issued in accordance with subdivisions (a) and (b).
(f)The State Department of Social Services shall notify the State Department of Health Care Services or a county to which the department has delegated certification authority immediately upon the revocation of any license issued pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code.
(g)Revocation of a license or a mental health certification shall be a basis for rate termination.
(h)This section shall become operative on January 1, 2017.
SEC. 60.Section 4096.55 is added to the Welfare and Institutions Code, to read:4096.55.(a)The State Department of Health Care Services shall make a determination, within 45 days of receiving a request from a group home to be classified at rate classification level 13 or rate classification level 14 pursuant to Section 11462.015, to certify or deny certification that the group home program includes provisions for mental health treatment services that meet the needs of children who have been assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3. The department shall issue each certification for a period of one year and shall specify the effective date the program met the certification requirements. A program may be recertified if the program continues to meet the criteria for certification.
(b)The State Department of Health Care Services shall, in consultation with the County Behavioral Health Directors Association of California and representatives of provider organizations, develop the criteria for the certification required by subdivision (a).
(c)(1)The State Department of Health Care Services may, upon the request of a county, delegate to that county the certification task.
(2)Any county to which the certification task is delegated pursuant to paragraph (1) shall use the criteria and format developed by the department.
(d)The State Department of Health Care Services or delegated county shall notify the State Department of Social Services Community Care Licensing Division immediately upon the termination of any certification issued in accordance with subdivision (a).
(e)Upon receipt of notification from the State Department of Social Services Community Care Licensing Division of any adverse licensing action taken after the finding of noncompliance during an inspection conducted pursuant to Section 1538.7 of the Health and Safety Code, the State Department of Health Care Services or the delegated county shall review the certification issued pursuant to this section.
(f)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.
(g)This section shall become operative on January 1, 2017.
(h)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. 61.Section 5600.3 of the Welfare and Institutions Code is amended to read:5600.3.To the extent resources are available, the primary goal of the use of funds deposited in the mental health account of the local health and welfare trust fund should be to serve the target populations identified in the following categories, which shall not be construed as establishing an order of priority:
(a)(1)Seriously emotionally disturbed children or adolescents.
(2)For the purposes of this part, seriously emotionally disturbed children or adolescents means minors under the age of 18 years who have a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, other than a primary substance use disorder or developmental disorder, which results in behavior inappropriate to the childs age according to expected developmental norms. Members of this target population shall meet one or more of the following criteria:
(A)As a result of the mental disorder, the child has substantial impairment in at least two of the following areas: self-care, school functioning, family relationships, or ability to function in the community; and either of the following occur:
(i)The child is at risk of removal from home or has already been removed from the home.
(ii)The mental disorder and impairments have been present for more than six months or are likely to continue for more than one year without treatment.
(B)The child displays one of the following: psychotic features, risk of suicide or risk of violence due to a mental disorder.
(C)The child has been assessed pursuant to Article 2 (commencing with Section 56320) of Chapter 4 of Part 30 of Division 4 of Title 2 of the Education Code and determined to have an emotional disturbance, as defined in paragraph (4) of subdivision (c) of Section 300.8 of Title 34 of the Code of Federal Regulations.
(b)(1)Adults and older adults who have a serious mental disorder.
(2)For the purposes of this part, serious mental disorder means a mental disorder that is severe in degree and persistent in duration, which may cause behavioral functioning which interferes substantially with the primary activities of daily living, and which may result in an inability to maintain stable adjustment and independent functioning without treatment, support, and rehabilitation for a long or indefinite period of time. Serious mental disorders include, but are not limited to, schizophrenia, bipolar disorder, post-traumatic stress disorder, as well as major affective disorders or other severely disabling mental disorders. This section shall not be construed to exclude persons with a serious mental disorder and a diagnosis of substance abuse, developmental disability, or other physical or mental disorder.
(3)Members of this target population shall meet all of the following criteria:
(A)The person has a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, other than a substance use disorder or developmental disorder or acquired traumatic brain injury pursuant to subdivision (a) of Section 4354 unless that person also has a serious mental disorder as defined in paragraph (2).
(B)(i)As a result of the mental disorder, the person has substantial functional impairments or symptoms, or a psychiatric history demonstrating that without treatment there is an imminent risk of decompensation to having substantial impairments or symptoms.
(ii)For the purposes of this part, functional impairment means being substantially impaired as the result of a mental disorder in independent living, social relationships, vocational skills, or physical condition.
(C)As a result of a mental functional impairment and circumstances, the person is likely to become so disabled as to require public assistance, services, or entitlements.
(4)For the purpose of organizing outreach and treatment options, to the extent resources are available, this target population includes, but is not limited to, persons who are any of the following:
(A)Homeless persons who are mentally ill.
(B)Persons evaluated by appropriately licensed persons as requiring care in acute treatment facilities including state hospitals, acute inpatient facilities, institutes for mental disease, and crisis residential programs.
(C)Persons arrested or convicted of crimes.
(D)Persons who require acute treatment as a result of a first episode of mental illness with psychotic features.
(5)California veterans in need of mental health services and who meet the existing eligibility requirements of this section, shall be provided services to the extent services are available to other adults pursuant to this section. Veterans who may be eligible for mental health services through the United States Department of Veterans Affairs should be advised of these services by the county and assisted in linking to those services.
(A)No eligible veteran shall be denied county mental health services based solely on his or her status as a veteran.
(B)Counties shall refer a veteran to the county veterans service officer, if any, to determine the veterans eligibility for, and the availability of, mental health services provided by the United States Department of Veterans Affairs or other federal health care provider.
(C)Counties should consider contracting with community-based veterans services agencies, where possible, to provide high-quality, veteran specific mental health services.
(c)Adults or older adults who require or are at risk of requiring acute psychiatric inpatient care, residential treatment, or outpatient crisis intervention because of a mental disorder with symptoms of psychosis, suicidality, or violence.
(d)Persons who need brief treatment as a result of a natural disaster or severe local emergency.
SEC. 62.Section 10553.12 of the Welfare and Institutions Code is amended to read:10553.12.(a)Notwithstanding any other law, a federally recognized tribe is authorized, but not required, to approve a home for the purpose of foster or adoptive placement of an Indian child pursuant to the Federal Indian Child Welfare Act (25 U.S.C. Sec. 1915).
(b)An Indian child, as defined by subdivisions (a) and (b) of Section 224, that has been removed pursuant to Section 361, from the custody or his or her parents or Indian custodian may be placed in a tribally approved home pursuant to Section 1915 of the federal Indian Child Welfare Act.
(c)To facilitate the availability of tribally approved homes that have been fully approved in accord with federal law, including completion of required background checks, a tribal agency may request from the Department of Justice federal and state summary criminal history information regarding a prospective foster parent or adoptive parent, an adult who resides or is employed in the home of an applicant, any person who has a familial or intimate relationship with any person living in the home of an applicant, or an employee of the child welfare agency who may have contact with children, in accord with subdivision (m) of Section 11105 of the Penal Code and Child Abuse Central Index Information pursuant to paragraph (8) of subdivision (b) of Section 11170 of the Penal Code.
(d)As used in this section, a tribal agency means an entity designated by a federally recognized tribe as authorized to approve homes consistent with the Indian Child Welfare Act for the purpose of placement of Indian children, into foster or adoptive care, including the authority to conduct criminal record and child abuse background checks of, and grant exemptions to, individuals who are prospective foster parents or adoptive parents, an adult who resides or is employed in the home of an applicant for approval, any person who has a familial or intimate relationship with any person living in the home of an applicant, or an employee of the tribal agency who may have contact with children.
(e)A county social worker may place an Indian child in a tribally approved home without having to conduct a separate background check, upon certification by the tribal agency of the following:
(1)The tribal agency has completed a criminal record background check in accord with the standards set forth in Section 1522 of the Health and Safety Code, and a Child Abuse Central Index Check pursuant to Section 1522.1 of the Health and Safety Code, with respect to each of the individuals described in subdivision (c).
(2)The tribal agency has agreed to report to a county child welfare agency responsible for a child placed in the tribally approved home, within 24 hours of notification to the tribal agency by the Department of Justice, of a subsequent state or federal arrest or disposition notification provided pursuant to Section 11105.2 of the Penal Code involving an individual associated with the tribally approved home where an Indian child is placed.
(3)If the tribal agency in its certification states that the individual was granted a criminal record exemption, the certification shall specify that the exemption was evaluated in accord with the standards and limitations set forth in paragraph (1) of subdivision (g) of Section 1522 of the Health and Safety Code and was not granted to an individual ineligible for an exemption under that provision.
SEC. 63.Section 11253.2 is added to the Welfare and Institutions Code, to read:11253.2.(a)Notwithstanding any other law, an application for aid filed on behalf of a child to whom Section 309, 361.45, or 16519.5 applies shall be processed pursuant to an expedited process as determined by the department in consultation with the counties.
(b)Subdivision (a) shall not apply if the person who applies for aid on behalf of a child described in subdivision (a) is also an applicant for or a recipient of benefits under this chapter.
(c)(1) Except as provided in paragraph (2), a person who applies for aid on behalf of a child described in subdivision (a) shall be exempt from Chapter 4.6 (commencing with Section 10830) of Part 2 governing the statewide fingerprint imaging system.
(2)A relative caregiver who is also an applicant for or a recipient of benefits under this chapter shall comply with the statewide fingerprint imaging system requirements.
SEC. 64.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 childs needs. It shall also include the agencys 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 childs family, and the foster parents, in order to meet the childs needs while in foster care, and to reunify the child with the childs family. In addition, the plan shall specify the services that will be provided or steps that will be taken to facilitate an alternate permanent plan if reunification is not possible.
(c)Certified family home means a family residence certified by a licensed foster family agency and issued a certificate of approval by that agency as meeting licensing standards, and used only by that foster family agency for placements.
(d)Family home means the family residence of a licensee in which 24-hour care and supervision are provided for children.
(e)Small family home means any residential facility, in the licensees 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 childs 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 childs return home or establishment of alternative permanent placement.
(j)Permanency planning hearing means a hearing conducted by the juvenile court in which the childs 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 childs placement; or to the responsibility designated to an individual by virtue of his or her being appointed the childs 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 members 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 nonminors 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 nonminors and social workers or probation officers 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 dependents 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 childs case plan submitted for the last review hearing held before he or she reaches 18 years of age or the nonminor dependents 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 nonminors appropriate supervised placement setting, and the nonminors 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 nonminors 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 nonminors 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 nonminors agreement to work collaboratively with the placing agency to develop his or her transitional independent living case plan within 60 days of reentry, the nonminors agreement to report any changes of circumstances relevant to continued eligibility for foster care payments, and (1) the nonminors 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 agencys 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 nonminors 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 courts 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 childs or youths case plan specifies the need for, nature of, and anticipated duration of this specialized treatment.
(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. 65.Section 11402 of the Welfare and Institutions Code is amended to read:11402.In order to be eligible for AFDC-FC, a child or nonminor dependent shall be placed in one of the following:
(a)Prior to January 1, 2019, 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 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)An exclusive-use home.
(g)A housing model certified by a licensed transitional housing placement provider as described in Section 1559.110 of the Health and Safety Code and as defined in subdivision (r) of Section 11400.
(h)An out-of-state group home, provided that the placement worker, in addition to complying with all other statutory requirements for placing a 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.
(i)An approved supervised independent living setting for nonminor dependents, as defined in subdivision (w) of Section 11400.
(j)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 66.Section 11402 is added to the Welfare and Institutions Code, to read:11402.In order to be eligible for AFDC-FC, a child or nonminor dependent shall be placed in one of the following:
(a)Prior to January 1, 2019, 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 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 approved home of a nonrelative extended family member, as described in Section 362.7.
(c)(1)Prior to January 1, 2019, the licensed family home of a nonrelative.
(2)The approved home of a resource family, as defined in Section 16519.5.
(d)(1)A housing model certified by a licensed transitional housing placement provider, as described in Section 1559.110 of the Health and Safety Code, and as defined in subdivision (r) of Section 11400.
(2)An approved supervised independent living setting for nonminor dependents, as defined in subdivision (w) of Section 11400.
(e)A licensed foster family agency, 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.
(f)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)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)A community treatment facility set forth in Article 5 (commencing with Section 4094) of Chapter 3 of Part 1 of Division 4.
(i)This section shall become operative on January 1, 2017.
SEC. 67.Section 11402.01 is added to the Welfare and Institutions Code, immediately following Section 11402, to read: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. 68.Section 11403.2 of the Welfare and Institutions Code is amended to read:11403.2.(a)The following persons shall be eligible for transitional housing provided pursuant to Article 4 (commencing with Section 16522) of Chapter 5 of Part 4:
(1)Any foster child at least 16 years of age and not more than 18 years of age, and, on or after January 1, 2012, any nonminor dependent, as defined in subdivision (v) of Section 11400, who is eligible for AFDC-FC benefits as described in Section 11401. A foster child under 18 years of age shall be eligible for placement in the program certified as a Transitional Housing Placement Program, pursuant to paragraph (1) of subdivision (a) of Section 16522.1. A nonminor dependent shall be eligible for placement in the program certified as a Transitional Housing Placement-Plus Foster Care Program pursuant to paragraph (2) of subdivision (a) of Section 16522.1.
(2)(A)Any former foster youth at least 18 years of age and, except as provided in subparagraph (B), not more than 24 years of age who has exited from the foster care system on or after his or her 18th birthday and elects to participate in Transitional Housing Program-Plus, as defined in subdivision (s) of Section 11400, if he or she has not received services under this paragraph for more than a total of 24 months, whether or not consecutive. If the person participating in a Transitional Housing Program-Plus is not receiving aid under Section 11403.1, he or she, as a condition of participation, shall enter into, and execute the provisions of, a transitional independent living plan that shall be mutually agreed upon, and annually reviewed, by the former foster youth and the applicable county welfare or probation department or independent living program coordinator. The person participating under this paragraph shall inform the county of any changes to conditions specified in the agreed-upon plan that affect eligibility, including changes in address, living circumstances, and the educational or training program.
(B)A county may, at its option, extend the services provided under subparagraph (A) to former foster youth not more than 25 years of age, and for a total of 36 months, whether or not consecutive, if the former foster youth, in addition to the requirements specified in subparagraph (A), meets either of the following criteria:
(i)The former foster youth is completing secondary education or a program leading to an equivalent credential.
(ii)The former foster youth is enrolled in an institution that provides postsecondary education.
(b)Payment on behalf of an eligible person receiving transitional housing services pursuant to paragraph (1) of subdivision (a) shall be made to the transitional housing placement provider pursuant to the conditions and limitations set forth in Section 11403.3. Notwithstanding Section 11403.3, the department, in consultation with concerned stakeholders, including, but not limited to, representatives of the Legislature, the County Welfare Directors Association of California, the Chief Probation Officers of California, the Judicial Council, representatives of Indian tribes, the California Youth Connection, former foster youth, child advocacy organizations, labor organizations, juvenile justice advocacy organizations, foster caregiver organizations, researchers, and transitional housing placement providers, shall convene a workgroup to establish a new rate structure for the Title IV-E funded THP-Plus Foster Care placement option for nonminor dependents. The workgroup shall also consider application of this new rate structure to the Transitional Housing Program-Plus, as described in paragraph (2) of subdivision (a) of Section 11403.3. In developing the new rate structure pursuant to this subdivision, the department shall consider the average rates in effect and being paid by counties to current transitional housing placement providers.
(c)The Legislature finds and declares that this subdivision was added in 2015 to clearly codify the requirement of existing law regarding the payment made on behalf of an eligible person receiving transitional housing services. The workgroup described in subdivision (b) recommended, and the department subsequently implemented, an annual adjustment to the payment made on behalf of an eligible person receiving transitional housing services. This annual adjustment has been, and shall continue to be, equal to the California Necessities Index applicable to each fiscal year. The Legislature hereby codifies that its intent remains in making this annual adjustment to support the care and supervision, including needed services and supports, for nonminor dependents who are receiving transitional housing services through the THP-Plus Foster Care Program.
SEC. 69.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 childs personal incidentals, liability insurance with respect to a child, reasonable travel to the childs 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, 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 years standard rate for rate classification level 14 for a group home.
(ii)Commencing January 1, 2017, the current fiscal years 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 countys 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. 70.Section 11461.2 of the Welfare and Institutions Code is amended to read:11461.2.(a)It is the intent of the Legislature to ensure quality care for children who are placed in the continuum of AFDC-FC eligible placement settings.
(b)The State Department of Social Services shall establish, in consultation with county welfare departments and other stakeholders, as appropriate, a working group to develop recommended revisions to the current ratesetting system, services, and programs serving children and families in the continuum of AFDC-FC eligible placement settings including, at a minimum, all programs provided by foster family agencies and group homes including those providing residentially based services, as defined in paragraph (1) of subdivision (a) of Section 18987.71.
(c)In developing the recommended revisions identified in subdivision (b), the working group shall consider all of the following:
(1)How ratesetting systems for foster care providers, including, at least, foster family agencies and group homes, can better support a continuum of programs and services that promote positive outcomes for children and families. This may include a process for matching the childs strengths and needs to the appropriate placement setting.
(2)How the provision of an integrated, comprehensive set of services including mental health and other critical services for children and youth support the achievement of well-being, permanency, and safety outcomes.
(3)How to ensure the provision of services in a family setting that promotes normal childhood experiences and that serves the needs of the child, including aftercare services, when appropriate.
(4)How to provide outcome-based evaluations of foster care providers or other methods of measuring quality improvement including measures of youth and families satisfaction with services provided and program effectiveness.
(5)How changes in the licensing, ratesetting, and auditing processes can improve the quality of foster care providers, the quality of services and programs provided, and enhance the oversight of care provided to children, including, but not limited to, accreditation, administrator qualifications, and the reassignment of these responsibilities within the department.
(d)In addition to the considerations in subdivision (c), the workgroup recommendations shall be based on the review and evaluation of the current ratesetting systems, actual cost data, and information from the provider community as well as research on other applicable ratesetting methodologies, evidence-based practices, information developed as a result of pilots approved by the director, and any other relevant information.
(e)(1)The workgroup shall develop the content, format, and data sources for reports to be posted by the department on a public Internet Web site describing the outcomes achieved by providers with foster care rates set by the department.
(2)Commencing January 1, 2017, and at least semiannually after that date, the department shall publish and make available on a public Internet Web site, short-term residential treatment center and foster family agency provider performance indicators.
(f)(1)Recommendations developed pursuant to this section shall include the plan required under subdivision (d) of Section 18987.7. Updates regarding the workgroups establishment and its progress toward meeting the requirements of this section shall be provided to the Legislature during 201213 and 201314 budget hearings. The revisions recommended pursuant to the requirements of subdivision (b) shall be submitted in a report to the appropriate policy and fiscal committees of the Legislature by October 1, 2014.
(2)The requirement for submitting a report pursuant to this subdivision is inoperative on October 1, 2018, pursuant to Section 10231.5 of the Government Code.
(g)The department shall retain the authority to extend the workgroup after October 1, 2014, to ensure that the objectives of this section are met and to reconvene this workgroup as necessary to address any future recommended changes to the continuum of AFDC-FC eligible placement settings pursuant to this section.
SEC. 71.Section 11462 of the Welfare and Institutions Code is amended to read:11462.(a)(1)Effective July 1, 1990, foster care providers licensed as group homes, as defined in departmental regulations, including public child care institutions, as defined in Section 11402.5, shall have rates established by classifying each group home program and applying the standardized schedule of rates. The department shall collect information from group providers beginning January 1, 1990, in order to classify each group home program.
(2)Notwithstanding paragraph (1), foster care providers licensed as group homes shall have rates established only if the group home is organized and operated on a nonprofit basis as required under subdivision (h) of Section 11400. The department shall terminate the rate effective January 1, 1993, of any group home not organized and operated on a nonprofit basis as required under subdivision (h) of Section 11400.
(3)(A)The department shall determine, consistent with the requirements of this chapter and other relevant requirements under law, the rate classification level (RCL) for each group home program on a biennial basis. Submission of the biennial rate application shall be made according to a schedule determined by the department.
(B)The department shall adopt regulations to implement this paragraph. The adoption, amendment, repeal, or readoption of a regulation authorized by this paragraph is deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement to describe specific facts showing the need for immediate action.
(b)A group home program shall be initially classified, for purposes of emergency regulations, according to the level of care and services to be provided using a point system developed by the department and described in the report, The Classification of Group Home Programs under the Standardized Schedule of Rates System, prepared by the State Department of Social Services, August 30, 1989.
(c)The rate for each RCL has been determined by the department with data from the AFDC-FC Group Home Rate Classification Pilot Study. The rates effective July 1, 1990, were developed using 1985 calendar year costs and reflect adjustments to the costs for each fiscal year, starting with the 198687 fiscal year, by the amount of the California Necessities Index computed pursuant to the methodology described in Section 11453. The data obtained by the department using 1985 calendar year costs shall be updated and revised by January 1, 1993.
(d)As used in this section, standardized schedule of rates means a listing of the 14 rate classification levels, and the single rate established for each RCL.
(e)Except as specified in paragraph (1), the department shall determine the RCL for each group home program on a prospective basis, according to the level of care and services that the group home operator projects will be provided during the period of time for which the rate is being established.
(1)(A)(i)For new and existing providers requesting the establishment of an RCL, and for existing group home programs requesting an RCL increase, the department shall determine the RCL no later than 13 months after the effective date of the provisional rate. The determination of the RCL shall be based on a program audit of documentation and other information that verifies the level of care and supervision provided by the group home program during a period of the two full calendar months or 60 consecutive days, whichever is longer, preceding the date of the program audit, unless the group home program requests a lower RCL. The program audit shall not cover the first six months of operation under the provisional rate.
(ii)For audit purposes, if the group home program serves a mixture of AFDC-FC eligible and ineligible children, the weighted hours for child care and social work services provided and the capacity of the group home shall be adjusted by the ratio of AFDC-FC eligible children to all children in placement.
(iii)Pending the departments issuance of the program audit report that determines the RCL for the group home program, the group home program shall be eligible to receive a provisional rate that shall be based on the level of care and service that the group home program proposes it will provide. The group home program shall be eligible to receive only the RCL determined by the department during the pendency of any appeal of the departments RCL determination.
(B)A group home program may apply for an increase in its RCL no earlier than two years from the date the department has determined the group home programs rate, unless the host county, the primary placing county, or a regional consortium of counties submits to the department in writing that the program is needed in that county, that the provider is capable of effectively and efficiently operating the proposed program, and that the provider is willing and able to accept AFDC-FC children for placement who are determined by the placing agency to need the level of care and services that will be provided by the program.
(C)To ensure efficient administration of the departments audit responsibilities, and to avoid the fraudulent creation of records, group home programs shall make records that are relevant to the RCL determination available to the department in a timely manner. Except as provided in this section, the department may refuse to consider, for purposes of determining the rate, any documents that are relevant to the determination of the RCL that are not made available by the group home provider by the date the group home provider requests a hearing on the departments RCL determination. The department may refuse to consider, for purposes of determining the rate, the following records, unless the group home provider makes the records available to the department during the fieldwork portion of the departments program audit:
(i)Records of each employees full name, home address, occupation, and social security number.
(ii)Time records showing when the employee begins and ends each work period, meal periods, split shift intervals, and total daily hours worked.
(iii)Total wages paid each payroll period.
(iv)Records required to be maintained by licensed group home providers under Title 22 of the California Code of Regulations that are relevant to the RCL determination.
(D)To minimize financial abuse in the startup of group home programs, when the departments RCL determination is more than three levels lower than the RCL level proposed by the group home provider, and the group home provider does not appeal the departments RCL determination, the department shall terminate the rate of a group home program 45 days after issuance of its program audit report. When the group home provider requests a hearing on the departments RCL determination, and the RCL determined by the director under subparagraph (E) is more than three levels lower than the RCL level proposed by the group home provider, the department shall terminate the rate of a group home program within 30 days of issuance of the directors decision. Notwithstanding the reapplication provisions in subparagraph (B), the department shall deny any request for a new or increased RCL from a group home provider whose RCL is terminated pursuant to this subparagraph, for a period of no greater than two years from the effective date of the RCL termination.
(E)A group home provider may request a hearing of the departments RCL determination under subparagraph (A) no later than 30 days after the date the department issues its RCL determination. The departments RCL determination shall be final if the group home provider does not request a hearing within the prescribed time. Within 60 days of receipt of the request for hearing, the department shall conduct a hearing on the RCL determination. The standard of proof shall be the preponderance of the evidence and the burden of proof shall be on the department. The hearing officer shall issue the proposed decision within 45 days of the close of the evidentiary record. The director shall adopt, reject, or modify the proposed decision, or refer the matter back to the hearing officer for additional evidence or findings within 100 days of issuance of the proposed decision. If the director takes no action on the proposed decision within the prescribed time, the proposed decision shall take effect by operation of law.
(2)Group home programs that fail to maintain at least the level of care and services associated with the RCL upon which their rate was established shall inform the department. The department shall develop regulations specifying procedures to be applied when a group home fails to maintain the level of services projected, including, but not limited to, rate reduction and recovery of overpayments.
(3)The department shall not reduce the rate, establish an overpayment, or take other actions pursuant to paragraph (2) for any period that a group home program maintains the level of care and services associated with the RCL for children actually residing in the facility. Determinations of levels of care and services shall be made in the same way as modifications of overpayments are made pursuant to paragraph (2) of subdivision (b) of Section 11466.2.
(4)A group home program that substantially changes its staffing pattern from that reported in the group home program statement shall provide notification of this change to all counties that have placed children currently in care. This notification shall be provided whether or not the RCL for the program may change as a result of the change in staffing pattern.
(f)(1)The standardized schedule of rates for the 200203, 200304, 200405, 200506, 200607, and 200708 fiscal years is:
FY 200203, 200304, 200405, 200506, 200607, and 200708 | ||
Rate Classification Level | Point Ranges | Standard Rate |
1 | Under 60 | $1,454 |
2 | 6089 | 1,835 |
3 | 90119 | 2,210 |
4 | 120149 | 2,589 |
5 | 150179 | 2,966 |
6 | 180209 | 3,344 |
7 | 210239 | 3,723 |
8 | 240269 | 4,102 |
9 | 270299 | 4,479 |
10 | 300329 | 4,858 |
11 | 330359 | 5,234 |
12 | 360389 | 5,613 |
13 | 390419 | 5,994 |
14 | 420 & Up | 6,371 |
(2)(A)For group home programs that receive AFDC-FC payments for services performed during the 200203, 200304, 200405, 200506, 200607, 200708, 200809, and 200910 fiscal years, the adjusted RCL point ranges below shall be used for establishing the biennial rates for existing programs, pursuant to paragraph (3) of subdivision (a) and in performing program audits and in determining any resulting rate reduction, overpayment assessment, or other actions pursuant to paragraph (2) of subdivision (e):
Adjusted Point Ranges for the 200203, 200304, | |
Rate Classification Level | 200405, 200506, 200607, 200708, 200809, and 200910 Fiscal Years |
1 | Under 54 |
2 | 5481 |
3 | 82110 |
4 | 111138 |
5 | 139167 |
6 | 168195 |
7 | 196224 |
8 | 225253 |
9 | 254281 |
10 | 282310 |
11 | 311338 |
12 | 339367 |
13 | 368395 |
14 | 396 & Up |
(B)Notwithstanding subparagraph (A), foster care providers operating group homes during the 200203, 200304, 200405, 200506, 200607, 200708, 200809, and 200910 fiscal years shall remain responsible for ensuring the health and safety of the children placed in their programs in accordance with existing applicable provisions of the Health and Safety Code and community care licensing regulations, as contained in Title 22 of the California Code of Regulations.
(C)Subparagraph (A) shall not apply to program audits of group home programs with provisional rates established pursuant to paragraph (1) of subdivision (e). For those program audits, the RCL point ranges in paragraph (1) shall be used.
(D)Rates applicable for the 200910 fiscal year pursuant to the act that adds this subparagraph shall be effective October 1, 2009.
(3)(A)For group home programs that receive AFDC-FC payments for services performed during the 200910 fiscal year the adjusted RCL point ranges below shall be used for establishing the biennial rates for existing programs, pursuant to paragraph (3) of subdivision (a) and in performing program audits and in determining any resulting rate reduction, overpayment assessment, or other actions pursuant to paragraph (2) of subdivision (e):
Rate | Adjusted Point Ranges |
|---|---|
Classification | for the 200910 |
Level | Fiscal Years |
1 | Under 39 |
2 | 3964 |
3 | 6590 |
4 | 91115 |
5 | 116141 |
6 | 142167 |
7 | 168192 |
8 | 193218 |
9 | 219244 |
10 | 245270 |
11 | 271295 |
12 | 296321 |
13 | 322347 |
14 | 348 & Up |
(B)Notwithstanding subparagraph (A), foster care providers operating group homes during the 200910 fiscal year shall remain responsible for ensuring the health and safety of the children placed in their programs in accordance with existing applicable provisions of the Health and Safety Code and community care licensing regulations as contained in Title 22 of the California Code of Regulations.
(C)Subparagraph (A) shall not apply to program audits of group home programs with provisional rates established pursuant to paragraph (1) of subdivision (e). For those program audits, the RCL point ranges in paragraph (1) shall be used.
(g)(1)(A)For the 19992000 fiscal year, the standardized rate for each RCL shall be adjusted by an amount equal to the California Necessities Index computed pursuant to the methodology described in Section 11453. The resultant amounts shall constitute the new standardized schedule of rates, subject to further adjustment pursuant to subparagraph (B).
(B)In addition to the adjustment in subparagraph (A), commencing January 1, 2000, the standardized rate for each RCL shall be increased by 2.36 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new standardized schedule of rates.
(2)Beginning with the 200001 fiscal year, the standardized schedule of rates shall be adjusted annually by an amount equal to the CNI computed pursuant to Section 11453, subject to the availability of funds. The resultant amounts shall constitute the new standardized schedule of rates.
(3)Effective January 1, 2001, the amount included in the standard rate for each Rate Classification Level (RCL) for the salaries, wages, and benefits for staff providing child care and supervision or performing social work activities, or both, shall be increased by 10 percent. This additional funding shall be used by group home programs solely to supplement staffing, salaries, wages, and benefit levels of staff specified in this paragraph. The standard rate for each RCL shall be recomputed using this adjusted amount and the resultant rates shall constitute the new standardized schedule of rates. The department may require a group home receiving this additional funding to certify that the funding was utilized in accordance with the provisions of this section.
(4)Effective January 1, 2008, the amount included in the standard rate for each RCL for the wages for staff providing child care and supervision or performing social work activities, or both, shall be increased by 5 percent, and the amount included for the payroll taxes and other employer-paid benefits for these staff shall be increased from 20.325 percent to 24 percent. The standard rate for each RCL shall be recomputed using these adjusted amounts, and the resulting rates shall constitute the new standardized schedule of rates.
(5)The new standardized schedule of rates as provided for in paragraph (4) shall be reduced by 10 percent, effective October 1, 2009, and the resulting rates shall constitute the new standardized schedule of rates.
(6)The rates of licensed group home providers, whose rates are not established under the standardized schedule of rates, shall be reduced by 10 percent, effective October 1, 2009.
(h)The standardized schedule of rates pursuant to subdivisions (f) and (g) shall be implemented as follows:
(1)Any group home program that received an AFDC-FC rate in the prior fiscal year at or above the standard rate for the RCL in the current fiscal year shall continue to receive that rate.
(2)Any group home program that received an AFDC-FC rate in the prior fiscal year below the standard rate for the RCL in the current fiscal year shall receive the RCL rate for the current year.
(i)(1)The department shall not establish a rate for a new program of a new or existing provider, or for an existing program at a new location of an existing provider, unless the provider submits a letter of recommendation from the host county, the primary placing county, or a regional consortium of counties that includes all of the following:
(A)That the program is needed by that county.
(B)That the provider is capable of effectively and efficiently operating the program.
(C)That the provider is willing and able to accept AFDC-FC children for placement who are determined by the placing agency to need the level of care and services that will be provided by the program.
(D)That, if the letter of recommendation is not being issued by the host county, the primary placing county has notified the host county of its intention to issue the letter and the host county was given the opportunity of 30 days to respond to this notification and to discuss options with the primary placing county.
(2)The department shall encourage the establishment of consortia of county placing agencies on a regional basis for the purpose of making decisions and recommendations about the need for, and use of, group home programs and other foster care providers within the regions.
(3)The department shall annually conduct a county-by-county survey to determine the unmet placement needs of children placed pursuant to Section 300 and Section 601 or 602, and shall publish its findings by November 1 of each year.
(j)The department shall develop regulations specifying ratesetting procedures for program expansions, reductions, or modifications, including increases or decreases in licensed capacity, or increases or decreases in level of care or services.
(k)For the purpose of this subdivision, program change means any alteration to an existing group home program planned by a provider that will increase the RCL or AFDC-FC rate. An increase in the licensed capacity or other alteration to an existing group home program that does not increase the RCL or AFDC-FC rate shall not constitute a program change.
(l)General unrestricted or undesignated private charitable donations and contributions made to charitable or nonprofit organizations shall not be deducted from the cost of providing services pursuant to this section. The donations and contributions shall not be considered in any determination of maximum expenditures made by the department.
(m)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 72.Section 11462 is added to the Welfare and Institutions Code, to read:11462.(a)The department shall commence development of a new payment structure for short-term residential treatment center program placements claiming Title IV-E funding, 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)Access to specialty mental health services for children who meet medical necessity criteria for specialty mental health services under the Medi-Cal Early and Periodic Screening, Diagnosis, and Treatment program.
(B)Transition support services for children, youth, and families upon initial entry and placement changes and for families who assume permanency through reunification, adoption, or guardianship.
(C)Educational and physical, behavioral, and mental health supports, including extracurricular activities and social supports.
(D)Activities designed to support transition-age youth and nonminor dependents in achieving a successful adulthood.
(E)Services to achieve permanency, including supporting efforts to reunify or achieve adoption or guardianship and efforts to maintain or establish relationships with parents, siblings, extended family members, tribes, or others important to the child or youth, as appropriate.
(F)When serving Indian children, as defined in subdivisions (a) and (b) of Section 224.1, the core services described in paragraphs (A) to (E), inclusive, which shall be provided to eligible children consistent with active efforts pursuant to Section 361.7.
(G)(i)Facilitating the identification and, as needed, the approval of resource families pursuant to Section 16519.5, for the purpose of transitioning children and youth to family-based care.
(ii)If a short-term residential treatment center elects to approve and monitor resource families directly, the center shall comply with all laws applicable to foster family agencies, including, but not limited to, those set forth in the Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code).
(iii)For short-term residential treatment centers that elect to approve and monitor resource families directly, the department shall have all the same duties and responsibilities as those centers have for licensed foster family agencies, as set forth in applicable law, including, but not limited to, those set forth in the Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code).
(2)The core services specified in subparagraphs (A) to (G), inclusive, of paragraph (1) are not intended to duplicate services already available to foster children in the community, but to support access to those services and supports to the extent they are already available. Those services and supports may include, but are not limited to, foster youth services available through county offices of education, Indian Health Services, or school-based extra-curricular activities.
(3)Specialized and intensive treatment supports that encompass the elements of nonmedical care and supervision necessary to meet a childs or youths safety and other needs that cannot be met in a family-based setting.
(4)Staff training.
(5)Health and Safety Code requirements.
(6)Accreditation that includes:
(A)Provision for all licensed short-term residential treatment centers to obtain and maintain in good standing accreditation from a nationally recognized accreditation agency, as identified by the department, with expertise in programs for children or youth group care facilities, as determined by the department.
(B)Promulgation by the department of information identifying that agency or agencies from which accreditation shall be required.
(C)Provision for timely reporting to the department of any change in accreditation status.
(7)Mental health certification, including a requirement to timely report to the department any change in mental health certificate status.
(8)Maximization of federal financial participation under Title IV-E and Title XIX of the Social Security Act.
(c)The department shall develop a system of governmental monitoring and oversight that shall be carried out in coordination with the State Department of Health Care Services. Oversight responsibilities shall include, but not be limited to, ensuring conformity with federal and state law, including program, fiscal, and health and safety audits and reviews. The state agencies shall attempt to minimize duplicative audits and reviews to reduce the administrative burden on providers.
(d)This section shall become operative on January 1, 2017.
SEC. 73.Section 11462.001 is added to the Welfare and Institutions Code, immediately following Section 11462, to read:11462.001.(a)(1)Foster care providers licensed as group homes, as defined in departmental regulations, including public child care institutions, as defined in Section 11402.5, shall have rates established by classifying each group home program and applying the standardized schedule of rates. The department shall collect information from group providers in order to classify each group home program.
(2)Notwithstanding paragraph (1), foster care providers licensed as group homes shall have rates established only if the group home is organized and operated on a nonprofit basis as required under subdivision (h) of Section 11400. The department shall terminate the rate of any group home not organized and operated on a nonprofit basis as required under subdivision (h) of Section 11400.
(3)(A)The department shall determine, consistent with the requirements of this chapter and other relevant requirements under law, the rate classification level (RCL) for each group home program on a biennial basis. Submission of the biennial rate application shall be made according to a schedule determined by the department.
(B)The department shall adopt regulations to implement this paragraph. The adoption, amendment, repeal, or readoption of a regulation authorized by this paragraph is deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement to describe specific facts showing the need for immediate action.
(b)A group home program shall be initially classified, for purposes of emergency regulations, according to the level of care and services to be provided using a point system developed by the department and described in the report, The Classification of Group Home Programs under the Standardized Schedule of Rates System, prepared by the State Department of Social Services, August 30, 1989.
(c)The rate for each RCL has been determined by the department with data from the AFDC-FC Group Home Rate Classification Pilot Study.
(d)As used in this section, standardized schedule of rates means a listing of the 14 rate classification levels, and the single rate established for each RCL.
(e)Except as specified in paragraph (1), the department shall determine the RCL for each group home program on a prospective basis, according to the level of care and services that the group home operator projects will be provided during the period of time for which the rate is being established.
(1)(A)(i)For new and existing providers requesting the establishment of an RCL, and for existing group home programs requesting an RCL increase, the department shall determine the RCL no later than 13 months after the effective date of the provisional rate. The determination of the RCL shall be based on a program audit of documentation and other information that verifies the level of care and supervision provided by the group home program during a period of the two full calendar months or 60 consecutive days, whichever is longer, preceding the date of the program audit, unless the group home program requests a lower RCL. The program audit shall not cover the first six months of operation under the provisional rate.
(ii)For audit purposes, if the group home program serves a mixture of AFDC-FC eligible and ineligible children, the weighted hours for child care and social work services provided and the capacity of the group home shall be adjusted by the ratio of AFDC-FC eligible children to all children in placement.
(iii)Pending the departments issuance of the program audit report that determines the RCL for the group home program, the group home program shall be eligible to receive a provisional rate that shall be based on the level of care and service that the group home program proposes it will provide. The group home program shall be eligible to receive only the RCL determined by the department during the pendency of any appeal of the departments RCL determination.
(B)A group home program may apply for an increase in its RCL no earlier than two years from the date the department has determined the group home programs rate, unless the host county, the primary placing county, or a regional consortium of counties submits to the department in writing that the program is needed in that county, that the provider is capable of effectively and efficiently operating the proposed program, and that the provider is willing and able to accept AFDC-FC children for placement who are determined by the placing agency to need the level of care and services that will be provided by the program.
(C)To ensure efficient administration of the departments audit responsibilities, and to avoid the fraudulent creation of records, group home programs shall make records that are relevant to the RCL determination available to the department in a timely manner. Except as provided in this section, the department may refuse to consider, for purposes of determining the rate, any documents that are relevant to the determination of the RCL that are not made available by the group home provider by the date the group home provider requests a hearing on the departments RCL determination. The department may refuse to consider, for purposes of determining the rate, the following records, unless the group home provider makes the records available to the department during the fieldwork portion of the departments program audit:
(i)Records of each employees full name, home address, occupation, and social security number.
(ii)Time records showing when the employee begins and ends each work period, meal periods, split shift intervals, and total daily hours worked.
(iii)Total wages paid each payroll period.
(iv)Records required to be maintained by licensed group home providers under Title 22 of the California Code of Regulations that are relevant to the RCL determination.
(D)To minimize financial abuse in the startup of group home programs, when the departments RCL determination is more than three levels lower than the RCL level proposed by the group home provider, and the group home provider does not appeal the departments RCL determination, the department shall terminate the rate of a group home program 45 days after issuance of its program audit report. When the group home provider requests a hearing on the departments RCL determination, and the RCL determined by the director under subparagraph (E) is more than three levels lower than the RCL level proposed by the group home provider, the department shall terminate the rate of a group home program within 30 days of issuance of the directors decision. Notwithstanding the reapplication provisions in subparagraph (B), the department shall deny any request for a new or increased RCL from a group home provider whose RCL is terminated pursuant to this subparagraph, for a period of no greater than two years from the effective date of the RCL termination.
(E)A group home provider may request a hearing of the departments RCL determination under subparagraph (A) no later than 30 days after the date the department issues its RCL determination. The departments RCL determination shall be final if the group home provider does not request a hearing within the prescribed time. Within 60 days of receipt of the request for hearing, the department shall conduct a hearing on the RCL determination. The standard of proof shall be the preponderance of the evidence and the burden of proof shall be on the department. The hearing officer shall issue the proposed decision within 45 days of the close of the evidentiary record. The director shall adopt, reject, or modify the proposed decision, or refer the matter back to the hearing officer for additional evidence or findings within 100 days of issuance of the proposed decision. If the director takes no action on the proposed decision within the prescribed time, the proposed decision shall take effect by operation of law.
(2)Group home programs that fail to maintain at least the level of care and services associated with the RCL upon which their rate was established shall inform the department. The department shall develop regulations specifying procedures to be applied when a group home fails to maintain the level of services projected, including, but not limited to, rate reduction and recovery of overpayments.
(3)The department shall not reduce the rate, establish an overpayment, or take other actions pursuant to paragraph (2) for any period that a group home program maintains the level of care and services associated with the RCL for children actually residing in the facility. Determinations of levels of care and services shall be made in the same way as modifications of overpayments are made pursuant to paragraph (2) of subdivision (b) of Section 11466.2.
(4)A group home program that substantially changes its staffing pattern from that reported in the group home program statement shall provide notification of this change to all counties that have placed children currently in care. This notification shall be provided whether or not the RCL for the program may change as a result of the change in staffing pattern.
(f)The standardized schedule of rates pursuant to subdivisions (f) and (g) of Section 11462, as that section read on January 1, 2015, shall be implemented as follows:
(1)Any group home program that received an AFDC-FC rate in the prior fiscal year at or above the standard rate for the RCL in the current fiscal year shall continue to receive that rate.
(2)Any group home program that received an AFDC-FC rate in the prior fiscal year below the standard rate for the RCL in the current fiscal year shall receive the RCL rate for the current year.
(g)(1)The department shall not establish a rate for a new program of a new or existing provider, or for an existing program at a new location of an existing provider, unless the provider submits a letter of recommendation from the host county, the primary placing county, or a regional consortium of counties that includes all of the following:
(A)That the program is needed by that county.
(B)That the provider is capable of effectively and efficiently operating the program.
(C)That the provider is willing and able to accept AFDC-FC children for placement who are determined by the placing agency to need the level of care and services that will be provided by the program.
(D)That, if the letter of recommendation is not being issued by the host county, the primary placing county has notified the host county of its intention to issue the letter and the host county was given the opportunity of 30 days to respond to this notification and to discuss options with the primary placing county.
(2)The department shall encourage the establishment of consortia of county placing agencies on a regional basis for the purpose of making decisions and recommendations about the need for, and use of, group home programs and other foster care providers within the regions.
(3)The department shall annually conduct a county-by-county survey to determine the unmet placement needs of children placed pursuant to Section 300 and Section 601 or 602, and shall publish its findings by November 1 of each year.
(h)The department shall develop regulations specifying ratesetting procedures for program expansions, reductions, or modifications, including increases or decreases in licensed capacity, or increases or decreases in level of care or services.
(i)For the purpose of this subdivision, program change means any alteration to an existing group home program planned by a provider that will increase the RCL or AFDC-FC rate. An increase in the licensed capacity or other alteration to an existing group home program that does not increase the RCL or AFDC-FC rate shall not constitute a program change.
(j)General unrestricted or undesignated private charitable donations and contributions made to charitable or nonprofit organizations shall not be deducted from the cost of providing services pursuant to this section. The donations and contributions shall not be considered in any determination of maximum expenditures made by the department.
(k)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.
(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. 74.Section 11462.01 of the Welfare and Institutions Code is amended to read:11462.01.(a)Commencing July 1, 1994, a group home program shall be classified at RCL 13 or RCL 14 if the program meets all of the following requirements:
(1)The group home program is providing, or has proposed to provide, the level of care and services necessary to generate sufficient points in the ratesetting process to be classified at RCL 13 if the rate application is for RCL 13 or to be classified at RCL 14 if the rate application is for RCL 14.
(2)(A)(i)The group home provider shall agree not to accept for placement into a group home program AFDC-FC funded children, including voluntary placements and seriously emotionally disturbed children placed out-of-home pursuant to an individualized education program developed under Article 2 (commencing with Section 56320) of Chapter 4 of Part 30 of Division 4 of Title 2 of the Education Code, who have not been approved for placement by an interagency placement committee, as described by Section 4096. The approval shall be in writing and shall indicate that the interagency placement committee has determined that the child is seriously emotionally disturbed and subject to Section 1502.4 of the Health and Safety Code, and that the child needs the level of care provided by the group home.
(ii)For purposes of clause (i), group home providers who accept seriously emotionally disturbed children who are 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 shall be deemed to have met the interagency placement committee approval for placement requirements of clause (i) if the individualized education program assessment indicates that the child has been determined to be seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3 and subject to Section 1502.4 of the Health and Safety Code, and needs the level of care described in clause (i).
(B)(i)Nothing in this subdivision shall prevent the emergency placement of a child into a group home program prior to the determination by the interagency placement committee pursuant to clause (i) of subparagraph (A) if a licensed mental health professional, as defined in the departments AFDC-FC ratesetting regulations, has evaluated, in writing, the child within 72 hours of placement, and determined the child to be seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, and in need of the care and services provided by the group home program.
(ii)The interagency placement committee shall, within 30 days of placement pursuant to clause (i), make the determination required by clause (i) of subparagraph (A).
(iii)If, pursuant to clause (ii), the placement is determined to be appropriate, the committee shall transmit the approval, in writing, to the county placing agency and the group home provider.
(iv)If, pursuant to clause (ii) the placement is determined not to be appropriate, the child shall be removed from the group home and referred to a more appropriate placement, as specified in subdivision (f).
(C)Commencing December 15, 1992, with respect to AFDC-FC funded children, only those children who are approved for placement by an interagency placement committee may be accepted by a group home under this subdivision.
(3)The group home program is certified by the State Department of Health Care Services pursuant to Section 4096.5.
(b)The department shall not establish a rate for a group home requesting a program change to RCL 13 or RCL 14 unless the group home provider submits a recommendation from the host county or the primary placing county that the program is needed and that the provider is willing and capable of operating the program at the level sought. For purposes of this subdivision, host county, primary placing county, and program change mean the same as defined in the departments AFDC-FC ratesetting regulations.
(c)The effective date of rates set at RCL 13 or RCL 14 shall be the date that all the requirements are met, but not prior to July 1 of that fiscal year. Nothing in this section shall affect RCL 13 or RCL 14 ratesetting determinations in prior years.
(d)Any group home program that has been classified at RCL 13 or RCL 14 pursuant to the requirements of subdivision (a) shall be reclassified at the appropriate lower RCL with a commensurate reduction in rate if either of the following occurs:
(1)The group home program fails to maintain the level of care and services necessary to generate the necessary number of points for RCL 13 or RCL 14, as required by paragraph (1) of subdivision (a). The determination of points shall be made consistent with the departments AFDC-FC ratesetting regulations for other rate classification levels.
(2)The group home program fails to maintain a certified mental health treatment program as required by paragraph (3) of subdivision (a).
(3)In the event of a determination under paragraph (1), the group home may appeal the finding or submit a corrective action plan. The appeal process specified in Section 11466.6 shall be available to RCL 13 and RCL 14 group home providers. During any appeal, the group home shall maintain the appropriate level of care.
(e)The interagency placement committee shall periodically review, but no less often than that required by current law, the placement of the child. If the committee determines that the child no longer needs, or is not benefiting from, placement in a RCL 13 or RCL 14 group home, the committee shall require the removal of the child and a new disposition.
(f)(1)(A)If, at any time subsequent to placement in an RCL 13 or RCL 14 group home program, the interagency placement committee determines either that the child is not seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, or is not in need of the care and services provided by the group home program, it shall notify, in writing, both the county placing agency and the group home provider within 10 days of the determination.
(B)The county placing agency shall notify the group home provider, in writing, within five days from the date of the notice from the committee, of the countys plan for removal of the child.
(C)The county placing agency shall remove the child from the group home program within 30 days from the date of the notice from the interagency placement committee.
(2)(A)If a county placing agency does not remove a child within 30 days from the date of the notice from the interagency placement committee, the group home provider shall notify the interagency placement committee and the department, in writing, of the countys failure to remove the child from the group home program.
(B)The group home provider shall make the notification required by subparagraph (A) within five days of the expiration of the 30-day removal period. If notification is made, a group home provider shall not be subject to an overpayment determination due to failure of the county placing agency to remove the child.
(3)Any county placing agency that fails to remove a child from a group home program under this paragraph within 30 days from the date of the notice from the interagency placement committee shall be assessed a penalty in the amount of the state and federal financial participation in the AFDC-FC rate paid on behalf of the child commencing on the 31st day and continuing until the child is removed.
(g)(1)If any RCL 13 or RCL 14 group home provider discovers that it does not have written approval for placement of any AFDC-FC funded child placed on or after December 15, 1992, from the interagency placement committee, it shall notify the county placing agency, in writing, and shall request the county to obtain approval from the interagency placement committee or remove the child from the group home program. A group home provider shall have 30 days from the childs first day of placement to discover the placement error and to notify the county placing agency.
(2)Any county placing agency that receives notification pursuant to paragraph (2) of subdivision (f) shall obtain approval for placement from the interagency placement committee or remove the child from the group home program within 30 days from the date of the notice from the group home provider. The program shall not be reclassified to a lower RCL for a violation of the provisions referred to in this paragraph.
(3)(A)If a county placing agency does not have the placement of a child approved by the interagency placement committee or removed from the group home within 30 days from the date of the notice from the group home provider, the group home provider shall notify the county placing agency and the department, in writing, of the countys failure to have the placement of the child approved or remove the child from the group home program.
(B)The group home provider shall make the notification required by subparagraph (A) within five days after the expiration of the 30-day approval or removal period. If notification is made, a group home provider shall not be subject to an overpayment determination due to failure of the county placing agency to remove the child.
(C)Any group home provider that fails to notify the county placing agency pursuant to subparagraph (A) shall be assessed a penalty in the amount of the AFDC-FC rate paid to the group home provider on behalf of the child commencing on the 31st day of placement and continuing until the county placing agency is notified.
(4)Any county placing agency that fails to have the placement of a child approved or to have the child removed from the group home program within 30 days shall be assessed a penalty in the amount of the state and federal financial participation in the AFDC-FC rate paid on behalf of the child commencing on the 31st day of placement and continuing until the child is removed.
(h)The department shall develop regulations to obtain payment of assessed penalties as provided in this section. For audit purposes and the application of penalties for RCL 13 and RCL 14 programs, the department shall apply statutory provisions that were in effect during the period for which the audit was conducted.
(i)(1)Nothing in this subparagraph shall prohibit a group home classified at RCL 13 or RCL 14 for purposes of the AFDC-FC program, from accepting private placements of children.
(2)When a referral is not from a public agency and no public funding is involved, there shall be no requirement for public agency review or determination of need.
(3)Children subject to paragraphs (1) and (2) shall have been assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, and subject to Section 1502.4 of the Health and Safety Code, by a licensed mental health professional, as defined in subdivision (g) of Section 4096.
(j)A child shall not be placed in a group home program classified at an RCL 13 or RCL 14 if the placement is paid for with county-only funds unless the child is assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, subject to Section 1502.4 of the Health and Safety Code, by a licensed mental health professional, as defined in subdivision (g) of Section 4096.
(k)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 75.Section 11462.01 is added to the Welfare and Institutions Code, to read:11462.01.(a)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, may have a program that is certified by the State Department of Health Care Services or by a county mental health plan to which the department has delegated certification authority, pursuant to Section 4096.5, or a program that is not certified, or both. A short-term residential treatment center shall accept for placement children who meet all of the following criteria, subject to the other requirements of subdivisions (b) and (c):
(1)The child does not require inpatient care in a licensed health facility.
(2)The child has been assessed as requiring the level of services provided in a short-term residential treatment center in order to maintain the safety and well-being of the child or others due to behaviors, including those resulting from traumas, that render the child or those around the child unsafe or at risk of harm, or that prevent the effective delivery of needed services and supports provided in the childs own home or in other family settings, such as with a relative, guardian, foster family, resource family, or adoptive family.
(3)The child meets at least one of the following conditions:
(A)The child has been assessed as meeting the medical necessity criteria for Medi-Cal specialty mental health Early and Periodic Screening, Diagnosis, and Treatment Services, as the criteria are described in Section 1830.210 of Title 9 of the California Code of Regulations.
(B)The child has been assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3.
(C)The child has been assessed as requiring the level of services provided in order to meet his or her behavioral or therapeutic needs. In appropriate circumstances, this may include any of the following:
(i)A commercially sexually exploited child.
(ii)A private voluntary placement, if the youth exhibits status offender behavior, the parents or other relatives feel they cannot control the childs behavior, and short-term intervention is needed to transition the child back into the home.
(iii)A juvenile sex offender.
(iv)A child who is affiliated with, or impacted by, a gang.
(b)A short-term residential treatment center program that is certified by the State Department of Health Care Services, or by a county mental health plan to which the department has delegated certification authority, pursuant to Section 4096.5, shall solely accept for placement, and provide access to mental health services to, children who meet the criteria in paragraphs (1) and (2) of subdivision (a), and meet the conditions of subparagraph (A) or (B) of paragraph (3) of subdivision (a), or both of those subparagraphs. Mental health services are provided directly by the certified program.
(c)A short-term residential treatment center program that is not certified pursuant to Section 4096.5 shall solely accept for placement in that program a child who meets the criteria in paragraphs (1) and (2) of subdivision (a), and meets the conditions of subparagraph (A), (B), or (C) of paragraph (3) of subdivision (a), or any combination of those subparagraphs. A child who meets the conditions of subparagraphs (A) and (B) of paragraph (3) of subdivision (a) may be accepted for placement, if the interagency placement committee determines that a short-term residential treatment facility that is not certified has a program that meets the specific needs of the child and there is a commonality of needs with the other children in the short-term residential treatment center. In this situation, the short-term residential treatment center shall do either of the following:
(1)In the case of a child who is a Medi-Cal beneficiary, arrange for the child to receive specialty mental health services from the county mental health plan.
(2)In all other cases, arrange for the child to receive mental health services.
(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, may have a program that is certified by the State Department of Health Care Services, or by a county mental health plan to which the department has delegated certification authority, pursuant to Section 1810.435 or 1810.436 of Title 9 of the California Code of Regulations, or a program that is not certified, or both. A program, subject to subdivisions (e) and (f), shall provide access to mental health services to the children. A foster family agency, depending on whether or not it has a certified program, shall provide access to mental health services to children who do not require inpatient care in a licensed health facility and who meet any one or more of the following conditions:
(1)A child who has been assessed as meeting the medical necessity criteria for specialty mental health services under the Medi-Cal Early and Periodic Screening, Diagnosis, and Treatment benefit, as the criteria are described in Section 1830.210 of Title 9 of the California Code of Regulations.
(2)A child who has been assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3.
(3)A child who has been assessed as requiring the level of services to meet his or her behavioral or therapeutic needs.
(e)A foster family agency that is certified as a provider pursuant to Section 1810.435 or 1810.436 of Title 9 of the California Code of Regulations by the State Department of Health Care Services, or by a county mental health plan to which the department has delegated certification authority, shall provide access to mental health services directly to children in its program who do not require inpatient care in a licensed health facility and who meet the conditions of paragraph (1) or (2) of subdivision (d).
(f)A foster family agency that is not certified as described in subdivision (e) may provide access to mental health services in that program for children who do not require inpatient care in a licensed health facility and who meet the conditions of paragraphs (1) and (2) of subdivision (d). In this situation the foster family agency shall do the following:
(1)In the case of a child who is a Medi-Cal beneficiary, have written interagency protocols in place to arrange for specialty mental health services from the county mental health plan or an organizational provider, as defined in Section 1810.231 of Title 9 of California Code of Regulations.
(2)In all other cases, arrange for the child to receive mental health services.
(g)All short-term residential treatment centers and foster family agencies that operate a certified program shall maintain the level of care and services necessary to meet the needs of the children and youth in their care and shall maintain and have in good standing the appropriate mental health certification issued by the State Department of Health Care Services or a county mental health plan to which the department has delegated certification authority, pursuant to Section 4096.5 of this code or Section 1810.435 or 1810.436 of Title 9 of the California Code of Regulations.
(h)The assessments described in subparagraphs (A) and (B) of paragraph (3) of subdivision (a) and paragraphs (1) and (2) of subdivision (d), shall be made by all of the following, as applicable:
(1)An interagency placement committee, as described in Section 4096, considering the recommendations from the child and family team, if any are available.
(2)A licensed mental health professional as defined in subdivision (g) of Section 4096.
(3)For the purposes of this section, an AFDC-FC funded child with 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 that assesses the child as seriously emotionally disturbed, as defined in, and subject to, this section and recommends out-of-home placement at the level of care provided by the provider, shall be deemed to have met the assessment requirement.
(4)For the purposes of this section, and only for placement into a foster family agency, an AFDC-FC funded child assessed pursuant to subdivision (b) of Section 706.6 or paragraph (2) of subdivision (c) of Section 16501.1, in consultation with a mental health professional, as defined in subdivision (g) of Section 4096.5, shall be deemed to have met the assessment requirement.
(i)The assessments described in subparagraph (C) of paragraph (3) of subdivision (a) and paragraph (3) of subdivision (d) shall be made pursuant to subdivision (b) of Section 706.6 or paragraph (2) of subdivision (c) of Section 16501.1.
(j)(1)The provider shall ensure that AFDC-FC funded children, assessed pursuant to subparagraphs (A) and (B) of paragraph (3) of subdivision (a) or paragraphs (1) and (2) of subdivision (d), who are accepted for placement have been approved for placement by an interagency placement committee, as described in Section 4096, except as provided for in paragraphs (3) and (4) of subdivision (h).
(2)The approval shall be in writing and shall indicate that the interagency placement committee has determined all of the following:
(A)The child meets the medical necessity criteria for Medi-Cal specialty mental health Early and Periodic Screening, Diagnosis, and Treatment services, as the criteria are described in Section 1830.210 of Title 9 of the California Code of Regulations.
(B)The child is seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3.
(C)Subject to Section 1502.4 of the Health and Safety Code, the child needs the level of care provided by the program.
(3)(A)Nothing in subdivisions (a) to (i), inclusive, or this subdivision shall prevent an emergency placement of a child or youth into a certified short-term residential treatment center or foster family agency program prior to the determination by the interagency placement committee, but only if a licensed mental health professional, as defined in subdivision (g) of Section 4096, has made a written determination within 72 hours of the childs or youths placement, that the child or youth is seriously emotionally disturbed and is in need of the care and services provided by the certified short-term residential treatment center or foster family agency.
(i)The interagency placement committee, as appropriate, shall, within 30 days of placement, make the determinations, with recommendations from the child and family team, required by this subdivision.
(ii)If it determines the placement is appropriate, the interagency placement committee, with recommendations from the child and family team, shall transmit the approval, in writing, to the county placing agency and the short-term residential treatment center or foster family agency.
(iii)If it determines the placement is not appropriate, the interagency placement committee shall respond pursuant to subparagraph (B).
(B)If the interagency placement committee determines at any time that the placement is not appropriate, it shall, with recommendations from the child and family team, transmit the disapproval, in writing, to the county placing agency and the short-term residential treatment center or foster family agency, and the child or youth shall be referred to an appropriate placement, as specified in this section.
(k)Commencing January 1, 2017, for AFDC-FC funded children or youth, only those children or youth who are approved for placement, as set forth in this section, may be accepted by a short-term residential treatment center or foster family agency.
(l)The department shall, through regulation, establish consequences for the failure of a short-term residential treatment center, or a foster family agency, to obtain written approval for placement of an AFDC-FC funded child or youth pursuant to this section.
(m)The department shall not establish a rate for a short-term residential treatment center or foster family agency unless the provider submits a recommendation from the host county or the primary placing county that the program is needed and that the provider is willing and capable of operating the program at the level sought. For purposes of this subdivision, host county, and primary placing county, mean the same as defined in the departments AFDC-FC ratesetting regulations.
(n)Any certified short-term residential treatment center or foster family agency shall be reclassified and paid at the appropriate program rate for which it is qualified if either of the following occurs:
(1)(A)It fails to maintain the level of care and services necessary to meet the needs of the children and youth in care, as required by subdivision (a). The determination shall be made consistent with the departments AFDC-FC ratesetting regulations developed pursuant to Sections 11462 and 11463 and shall take into consideration the highest level of care and associated rates for which the program is eligible.
(B)In the event of a determination under this paragraph, the short-term residential treatment center or foster family agency may appeal the finding or submit a corrective action plan. The appeal process specified in Section 11466.6 shall be available to a short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment. During any appeal, the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment shall maintain the appropriate level of care.
(2)It fails to maintain a certified mental health treatment program as required by subdivision (g).
(o)In addition to any other review required by law, the child and family team as defined in paragraph (4) of subdivision (a) of Section 16501 may periodically review the placement of the child or youth. If the child and family team make a recommendation that the child or youth no longer needs, or is not benefiting from, placement in a short-term residential treatment center or foster family agency, or one of its programs, the team shall transmit the disapproval, in writing, to the county placing agency to consider a more appropriate placement.
(p)The department shall develop a process to address placements when, subsequent to the childs or youths placement, a determination is made by the interagency placement team and shall consider the recommendations of the child and family team, either that the child or youth is not in need of the care and services provided by the certified program. The process shall include, but not be limited to:
(1)Notice of the determination in writing to both the county placing agency and the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment.
(2)Notice of the countys plan, and a time frame, for removal of the child or youth in writing to the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment.
(3)Referral to an appropriate placement.
(4)Actions to be taken if a child or youth is not timely removed from the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment or placed in an appropriate placement.
(q)(1)Nothing in this section shall prohibit a short-term residential treatment center or foster family agency from accepting private placements of children or youth.
(2)When a referral is not from a public agency and no public funding is involved, there is no requirement for public agency review nor determination of need.
(3)Children and youth subject to paragraphs (1) and (2) shall have been determined to be seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, and subject to Section 1502.4 of the Health and Safety Code, by a licensed mental health professional, as defined in subdivision (g) of Section 4096.
(r)This section shall become operative on January 1, 2017.
SEC. 76.Section 11462.015 is added to the Welfare and Institutions Code, to read:11462.015.(a)A group home program shall be classified at RCL 13 or RCL 14 if the program meets all of the following requirements:
(1)The group home program is providing, or has proposed to provide, the level of care and services necessary to generate sufficient points in the ratesetting process to be classified at RCL 13 if the rate application is for RCL 13 or to be classified at RCL 14 if the rate application is for RCL 14.
(2)(A)(i)The group home provider shall agree not to accept for placement into a group home program AFDC-FC funded children, including voluntary placements and children who have been assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, 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, who have not been approved for placement by an interagency placement committee, as described by Section 4096.1. The approval shall be in writing and shall indicate that the interagency placement committee has determined that the child is seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, and subject to Section 1502.45 of the Health and Safety Code, and that the child needs the level of care provided by the group home.
(ii)For purposes of clause (i), group home providers who accept children who have been assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, who are assessed and 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 shall be deemed to have met the interagency placement committee approval for placement requirements of clause (i) if the individualized education program assessment indicates that the child has been determined to be seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, and subject to Section 1502.45 of the Health and Safety Code, and needs the level of care described in clause (i).
(B)(i)Nothing in this subdivision shall prevent the emergency placement of a child into a group home program prior to the determination by the interagency placement committee pursuant to clause (i) of subparagraph (A) if a licensed mental health professional, as defined in the departments AFDC-FC ratesetting regulations, has evaluated, in writing, the child within 72 hours of placement, and has determined the child to be seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, and in need of the care and services provided by the group home program.
(ii)The interagency placement committee shall, within 30 days of placement pursuant to clause (i), make the determination required by clause (i) of subparagraph (A).
(iii)If, pursuant to clause (ii), the placement is determined to be appropriate, the committee shall transmit the approval, in writing, to the county placing agency and the group home provider.
(iv)If, pursuant to clause (ii) the placement is determined not to be appropriate, the child shall be removed from the group home and referred to a more appropriate placement, as specified in subdivision (f).
(C)With respect to AFDC-FC funded children, only those children who are approved for placement by an interagency placement committee may be accepted by a group home under this subdivision.
(3)The group home program is certified by the State Department of Health Care Services pursuant to Section 4096.5.
(b)The department shall not establish a rate for a group home requesting a program change to RCL 13 or RCL 14 unless the group home provider submits a recommendation from the host county or the primary placing county that the program is needed and that the provider is willing and capable of operating the program at the level sought. For purposes of this subdivision, host county, primary placing county, and program change mean the same as defined in the departments AFDC-FC ratesetting regulations.
(c)The effective date of rates set at RCL 13 or RCL 14 shall be the date that all the requirements are met, but not prior to July 1 of that fiscal year. Nothing in this section shall affect RCL 13 or RCL 14 ratesetting determinations in prior years.
(d)Any group home program that has been classified at RCL 13 or RCL 14 pursuant to the requirements of subdivision (a) shall be reclassified at the appropriate lower RCL with a commensurate reduction in rate if either of the following occurs:
(1)The group home program fails to maintain the level of care and services necessary to generate the necessary number of points for RCL 13 or RCL 14, as required by paragraph (1) of subdivision (a). The determination of points shall be made consistent with the departments AFDC-FC ratesetting regulations for other rate classification levels.
(2)The group home program fails to maintain a certified mental health treatment program as required by paragraph (3) of subdivision (a).
(3)In the event of a determination under paragraph (1), the group home may appeal the finding or submit a corrective action plan. The appeal process specified in Section 11466.6 shall be available to RCL 13 and RCL 14 group home providers. During any appeal, the group home shall maintain the appropriate level of care.
(e)The interagency placement committee shall periodically review, but no less often than that required by current law, the placement of the child. If the committee determines that the child no longer needs, or is not benefiting from, placement in a RCL 13 or RCL 14 group home, the committee shall require the removal of the child and a new disposition.
(f)(1)(A)If, at any time subsequent to placement in an RCL 13 or RCL 14 group home program, the interagency placement committee determines either that the child is not seriously emotionally disturbed or is not in need of the care and services provided by the group home program, it shall notify, in writing, both the county placing agency and the group home provider within 10 days of the determination.
(B)The county placing agency shall notify the group home provider, in writing, within five days from the date of the notice from the committee, of the countys plan for removal of the child.
(C)The county placing agency shall remove the child from the group home program within 30 days from the date of the notice from the interagency placement committee.
(2)(A)If a county placing agency does not remove a child within 30 days from the date of the notice from the interagency placement committee, the group home provider shall notify the interagency placement committee and the department, in writing, of the countys failure to remove the child from the group home program.
(B)The group home provider shall make the notification required by subparagraph (A) within five days of the expiration of the 30-day removal period. If notification is made, a group home provider shall not be subject to an overpayment determination due to failure of the county placing agency to remove the child.
(3)Any county placing agency that fails to remove a child from a group home program under this paragraph within 30 days from the date of the notice from the interagency placement committee shall be assessed a penalty in the amount of the state and federal financial participation in the AFDC-FC rate paid on behalf of the child commencing on the 31st day and continuing until the child is removed.
(g)(1)If any RCL 13 or RCL 14 group home provider discovers that it does not have written approval for placement of any AFDC-FC funded child from the interagency placement committee, it shall notify the county placing agency, in writing, and shall request the county to obtain approval from the interagency placement committee or remove the child from the group home program. A group home provider shall have 30 days from the childs first day of placement to discover the placement error and to notify the county placing agency.
(2)Any county placing agency that receives notification pursuant to paragraph (2) of subdivision (f) shall obtain approval for placement from the interagency placement committee or remove the child from the group home program within 30 days from the date of the notice from the group home provider. The program shall not be reclassified to a lower RCL for a violation of the provisions referred to in this paragraph.
(3)(A)If a county placing agency does not have the placement of a child approved by the interagency placement committee or removed from the group home within 30 days from the date of the notice from the group home provider, the group home provider shall notify the county placing agency and the department, in writing, of the countys failure to have the placement of the child approved or remove the child from the group home program.
(B)The group home provider shall make the notification required by subparagraph (A) within five days after the expiration of the 30-day approval or removal period. If notification is made, a group home provider shall not be subject to an overpayment determination due to failure of the county placing agency to remove the child.
(C)Any group home provider that fails to notify the county placing agency pursuant to subparagraph (A) shall be assessed a penalty in the amount of the AFDC-FC rate paid to the group home provider on behalf of the child commencing on the 31st day of placement and continuing until the county placing agency is notified.
(4)Any county placing agency that fails to have the placement of a child approved or to have the child removed from the group home program within 30 days shall be assessed a penalty in the amount of the state and federal financial participation in the AFDC-FC rate paid on behalf of the child commencing on the 31st day of placement and continuing until the child is removed.
(h)The department shall develop regulations to obtain payment of assessed penalties as provided in this section. For audit purposes and the application of penalties for RCL 13 and RCL 14 programs, the department shall apply statutory provisions that were in effect during the period for which the audit was conducted.
(i)(1)Nothing in this subdivision shall prohibit a group home classified at RCL 13 or RCL 14 for purposes of the AFDC-FC program, from accepting private placements of children.
(2)When a referral is not from a public agency and no public funding is involved, there shall be no requirement for public agency review or determination of need.
(3)Children subject to paragraphs (1) and (2) shall have been assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, and subject to Section 1502.45 of the Health and Safety Code, by a licensed mental health professional, as defined in subdivision (g) of Section 4096.
(j)A child shall not be placed in a group home program classified at an RCL 13 or RCL 14 if the placement is paid for with county-only funds unless the child is assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, and subject to Section 1502.45 of the Health and Safety Code, by a licensed mental health professional, as defined in subdivision (g) of Section 4096.
(k)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.
(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. 77.Section 11462.02 of the Welfare and Institutions Code is amended to read:11462.02.(a)Notwithstanding paragraph (2) of subdivision (a) of Section 11462, a foster care provider licensed as a group home also may have a rate established if the group home is operated by the County of San Mateo, as provided by subdivision (h) of Section 11400.
(b)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 78.Section 11462.02 is added to the Welfare and Institutions Code, to read:11462.02.(a)Any existing county-operated foster family agency or group home, including the group home operated by the County of San Mateo, shall, commencing January 1, 2017, be classified as, and shall meet all of the requirements of, a foster family agency or a short-term residential treatment center, as defined respectively in subdivisions (g) and (ad) of Section 11400, to be eligible to receive AFDC-FC funds.
(b)Notwithstanding any other law, the State Department of Social Services may license a county as a foster family agency or as a short-term residential treatment center.
(c)If a county exercises its option to operate a foster family agency or a short-term residential treatment center, the county shall submit an application and shall comply with the requirements of Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code related to foster family agency programs or a short-term residential treatment center, as applicable.
(d)A county that requests, and is granted, a license for a foster family agency or short-term residential treatment center shall apply for an AFDC-FC rate pursuant to Section 11462 or 11463, as applicable.
(e)As a condition for eligibility for an AFDC-FC rate for a short-term residential treatment center or a foster family agency, the county shall comply with all applicable law concerning a short-term residential treatment center or foster family agency, including, but not limited to, the following provisions related to licensing, rate, audit, due process, enforcement, and overpayment collection:
(1)Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code.
(2)Article 10 (commencing with Section 360) of Chapter 2 of Part 1 of Division 2 of this code.
(3)Article 18 (commencing with Section 725) of Chapter 2 of Part 1 of Division 2 of this code.
(4)Article 22 (commencing with Section 825) of Chapter 2 of Part 1 of Division 2 of this code.
(5)Article 5 (commencing with Section 11400) of Chapter 2 of Part 3 of Division 9 of this code.
(6)Article 6 (commencing with Section 11450) of Chapter 2 of Part 3 of Division 9 of this code.
(f)The state is not obligated under Section 36 of Article XIII of the California Constitution to provide any annual funding to a county to comply with this section; with any regulation, executive order, or administrative order implementing this section; or with any federal statute or regulation related to this section, because the countys operation of a licensed short-term residential treatment center or foster family agency is optional for the county and is not required by this section.
(g)Counties licensed to operate a foster family agency or short-term residential treatment center shall, as a condition to receiving payment, ensure that its conflict-of-interest mitigation plan, submitted to the department pursuant to subdivision (d) of Section 1506.1 and subdivision (d) of Section 1562.01 of the Health and Safety Code, addresses, but is not limited to, the following:
(1)A decision to place children and youth in a county-operated facility when alternative appropriate placement options exist.
(2)The reporting by county staff to the department or other agencies of observed noncompliant conditions or health and safety concerns in county-operated foster family agencies or short-term residential treatment centers.
(3)The cross-reporting of reports received from mandatory child abuse and neglect reporters involving county-operated foster family agencies and short-term residential treatment center programs.
(4)Disclosures of fatalities and near fatalities of children placed in county-operated foster family agencies and short-term residential treatment centers.
(h)This section shall become operative on January 1, 2017.
SEC. 79.Section 11462.021 is added to the Welfare and Institutions Code, to read:11462.021.(a)Notwithstanding paragraph (2) of subdivision (a) of Section 11462, a foster care provider licensed as a group home also may have a rate established if the group home is operated by the County of San Mateo, as provided by subdivision (h) of Section 11400.
(b)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.
(c)This section shall become operative on January 1, 2017.
(d)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. 80.Section 11462.022 is added to the Welfare and Institutions Code, to read:11462.022.(a)Upon meeting the licensure requirements pursuant to Section 1530.8 of the Health and Safety Code, a county child welfare agency operating a temporary shelter care facility, as defined in Section 1530.8 of the Health and Safety Code, shall comply with this section.
(b)Prior to detaining the child in the temporary shelter care facility, the child welfare agency shall make reasonable efforts, consistent with current law, to place the child with a relative, tribal member, nonrelative extended family member, or in a licensed, certified, approved or tribally approved foster family home or approved resource family. When the child welfare agency has reason to believe that the child is or may be an Indian child, the agency shall make active efforts to comply with the federal Indian Child Welfare Act placement preferences, as required by subdivision (k) of Section 361.31.
(c)A child may be detained or placed in a temporary shelter care facility only for the duration necessary to enable the county placing agency to perform the required assessments and to appropriately place the child.
(d)Upon admission, the temporary shelter care facility shall provide each child with health, mental health, and developmental screenings, as applicable. Commencing when a child is admitted into a temporary shelter care facility, and continuing until the childs discharge from the facility, the county welfare agency shall continuously strive to identify and place the child in an appropriate licensed or approved home or facility.
(e)The temporary shelter care facility shall ensure that the following services, at a minimum, are identified in the facilitys plan of operation and are available to children detained at the facility:
(1)Medical, developmental, behavioral, and mental health assessments based on the information obtained through the screenings required pursuant to subdivision (d).
(2)Based on the screening, assessments, and other information obtained about the child, identification of the appropriate placement resources that meet the childs needs.
(3)Trauma-informed services and interventions.
(4)Crisis intervention services.
(5)Care and supervision provided by trauma-informed trained and qualified staff.
(6)Referrals to and coordination with service providers who can meet the medical, developmental, behavioral, or mental health needs of the child identified upon admission.
(7)Educational services to ensure the childs educational progress, including efforts to maintain the child in his or her school of origin if practical.
(8)Visitation services, including the ability to provide court-ordered, supervised visitation.
(9)Structured indoor and outdoor activities, including recreational and social programs.
(10)Transportation and other forms of support to ensure, to the extent possible, the childs ability to attend and participate in important milestone events.
(11)Mentorship and peer support-type programs.
(f)(1)In no case shall the detention or placement in a temporary shelter care facility exceed 10 calendar days. For any stay that exceeds 10 calendar days, the child welfare agency shall submit a written report to the department, within 24 hours of an overstay, that shall include a description of the reasons and circumstances for the childs overstay, and shall be signed by the county child welfare agency director or his or her designee. The department may choose not to issue a citation to the county for a violation of the 10-day placement limit when, based on the information contained in the report, the overstay is reasonable and the county is complying with subdivision (d).
(2)The child welfare agency may permit any child or youth to access assessment and other services described in subdivision (d) or (e) while in an out-of-home placement.
(3)To ensure the protection of children placed in temporary shelter care facilities, the child welfare agency shall separate children placed in temporary shelter care facilities pursuant to subdivision (b) from children returning to the shelter due to a failed placement, when possible, when circumstances warrant that separation. Temporary shelters shall staff as necessary to adequately supervise children to ensure an appropriate environment for all children present.
(g)At the request of the county, the department shall provide technical assistance necessary for the implementation of this section.
(h)The department, in consultation with the counties, shall provide a report to the Legislature no later than January 1, 2021, that shall include the number of children and youth served by temporary shelter care facilities, characteristics of children detained in these facilities, and whether there is a continued need for the licensing and operation of temporary shelter care facilities.
SEC. 81.Section 11462.04 of the Welfare and Institutions Code is amended to read:11462.04.(a)Notwithstanding any other law, no new group home rate or change to an existing rate shall be established pursuant to Section 11462. An application shall not be accepted or processed for any of the following:
(1)A new program.
(2)A new provider.
(3)A program change, such as a rate classification level (RCL) increase.
(4)A program capacity increase.
(5)A program reinstatement.
(b)Notwithstanding subdivision (a), the department may grant exceptions as appropriate on a case-by-case basis, based upon a written request and supporting documentation provided by county placing agencies, including county welfare or probation directors.
(c)(1)For the 201213, 201314, and 201415 fiscal years, notwithstanding subdivision (b), for any program below RCL 10, the only exception that may be sought and granted pursuant to this section is for an application requesting a program change, such as an RCL increase. The authority to grant other exceptions does not apply to programs below RCL 10 during these fiscal years.
(2)Notwithstanding paragraph (1), commencing January 1, 2017, no exception shall be granted for any program below RCL 10.
(d)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 82.Section 11462.04 is added to the Welfare and Institutions Code, to read:11462.04.(a)Notwithstanding any other law, commencing January 1, 2017, no new group home rate or change to an existing rate shall be established pursuant to the Rate Classification Level (RCL) system.
(b)Notwithstanding subdivision (a), the department may grant an exception as appropriate, on a case-by-case basis, when a written request and supporting documentation are provided by a county placing agency, including a county welfare or probation director, that absent the granting of that exception, there is a material risk to the welfare of children due to an inadequate supply of appropriate alternative placement options to meet the needs of children.
(c)For group homes being paid under the RCL system, and those granted an exception pursuant to paragraph (b), group home rates shall terminate on December 31, 2016, unless granted an extension under the exception process in subdivision (d).
(d)A group home may request an exception to extend its rate as follows:
(1)The department may grant an extension for up to 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 providers 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.
(e)Upon termination of an existing group home rate under the RCL system, a new rate shall not be paid until an application is approved and a rate is granted by the department pursuant to Section 11462 as a short-term residential treatment center or pursuant to Section 11463 as a foster family agency.
(f)The department shall, in the development of the new rate structures, consider and provide for placement of all children who are displaced as a result of reclassification of treatment facilities.
(g)This section shall become operative on January 1, 2017.
SEC. 83.Section 11462.041 is added to the Welfare and Institutions Code, to read:11462.041.(a)The Legislature recognizes that group homes are one of the primary placement options utilized by probation departments to avoid inappropriate housing of youth in a detention hall, more so since the 2007 realignment of most juvenile offenders from state supervision to county supervision. In order to further improve outcomes for these youth, targeted efforts will be required at the state and local levels to create sufficient capacity in home-based family care and in short-term residential treatment centers in order to serve these youth safely in the least restrictive, family-based settings, whenever possible. This increased capacity is needed in both the number of related and unrelated family-based caregivers, in the caregivers ability to meet the needs of probation youth, and in the services and supports available to these caregivers. Additionally, there must be sufficient capacity in short-term residential treatment centers to meet the needs of probation youth and ensure public safety.
(b)To meet the capacity needs described in subdivision (a), commencing on January 1, 2016, county probation departments shall do all of the following:
(1)Work with group home providers to develop short-term residential treatment center programs that meet the treatment needs of probation supervised youth in foster care.
(2)Work with foster family agencies and other community-based organizations to develop strategies to recruit, retain, and support specialized foster homes for probation youth.
(3)Work with the department on strategies to identify, engage, and support relative caregivers.
(4)Work with the department to define probation youth outcome measures to be collected and analyzed to assess implementation of this act.
(c)To support the activities described in subdivision (b), commencing on January 1, 2016, the department, in consultation with the Chief Probation Officers of California, shall do all of the following:
(1)Work with providers, courts, and county probation departments to develop capacity for home-based family care.
(2)Work with short-term residential treatment centers and foster family agencies to address the treatment needs of specific probation populations, including, but not limited to, sex offenders, youth with gang affiliations, youth who currently are placed out of state, and youth with mental illness.
(3)Develop appropriate rate structures to support probation foster youth in home-based family care.
(4)Identify strategies to address the systemic challenges specific to small and rural counties in meeting the needs of probation foster youth in need of placement or treatment services.
(5)Provide technical assistance to existing group home providers interested in serving probation youth during the transition to the short-term residential treatment center or foster family agency models outlined in this act.
(6)Provide technical assistance related to implementation of this section to any requesting county probation department.
(d)Beginning January 1, 2018, the department, in consultation with the Chief Probation Officers of California, shall assess the capacity and quality of placement options for probation youth in foster care, including home-based family care and short-term residential treatment centers. This assessment shall include:
(1)The number and type of placement options.
(2)Whether short-term residential treatment centers have developed programming tailored to address the propensity of probation youth to run away.
(3)The degree to which foster family agencies, community-based service providers, and county probation departments have developed the programs and services necessary to recruit, retain, and support foster families and relative caregivers serving foster youth supervised by probation departments.
(4)Any need for additional training and technical assistance to be provided to short-term residential treatment centers or foster family agency providers.
(e)The department, in consultation with the Chief Probation Officers of California and the counties, shall provide an interim report, pursuant to Section 9795 of the Government Code, to the Legislature no later than January 10, 2019, and a final report, pursuant to Section 9795 of the Government Code, to the Legislature no later than January 10, 2021, which shall include the number of youth served in home-based family care, in short-term residential treatment centers, and in group homes, characteristics of youth in these placement types, and whether there is a continued need for probation placement in group homes. The reports also shall provide recommendations on any further technical assistance and training, if needed, to facilitate county probation departments, county child welfare departments, DSS, and providers in strengthening the continuum of care for justice-involved youth.
SEC. 84.Section 11463 of the Welfare and Institutions Code is amended to read:11463.(a)(1)The department, with the advice, assistance, and cooperation of the counties and foster care providers, shall develop, implement, and maintain a ratesetting system for foster family agencies.
(2)No county shall be reimbursed for any percentage increases in payments, made on behalf of AFDC-FC funded children who are placed with foster family agencies, that exceed the percentage cost-of-living increase provided in any fiscal year beginning on January 1, 1990, as specified in subdivision (c) of Section 11461.
(b)The department shall develop regulations specifying the purposes, types, and services of foster family agencies, including the use of those agencies for the provision of emergency shelter care. A distinction, for ratesetting purposes, shall be drawn between foster family agencies that provide treatment of children in foster families and those that provide nontreatment services.
(c)The department shall develop and maintain regulations specifying the procedure for the appeal of department decisions about the setting of an agencys rate.
(d)On and after July 1, 1998, the schedule of rates, and the components used in the rate calculations specified in the departments regulations, for foster family agencies shall be increased by 6 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new schedule of rates for foster family agencies.
(e)(1)On and after July 1, 1999, the schedule of rates and the components used in the rate calculations specified in the departments regulations for foster family agencies shall be adjusted by an amount equal to the California Necessities Index computed pursuant to Section 11453, rounded to the nearest dollar, subject to the availability of funds. The resultant amounts shall constitute the new schedule of rates for foster family agencies, subject to further adjustment pursuant to paragraph (2).
(2)In addition to the adjustment specified in paragraph (1), commencing January 1, 2000, the schedule of rates and the components used in the rate calculations specified in the departments regulations for foster family agencies shall be increased by 2.36 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new schedule of rates for foster family agencies.
(f)For the 19992000 fiscal year, foster family agency rates that are not determined by the schedule of rates set forth in the departments regulations, shall be increased by the same percentage as provided in subdivision (e).
(g)(1)For the 200001 fiscal year and each fiscal year thereafter, the foster family agency rate shall be supplemented by one hundred dollars ($100) for clothing per year per child in care, subject to the availability of funds. The supplemental payment shall be used to supplement, and shall not be used to supplant, any clothing allowance paid in addition to the foster family agency rate.
(2)Notwithstanding paragraph (1), commencing with the 201213 fiscal year, and each fiscal year thereafter, no supplemental clothing allowance shall be provided, because the rate issued in accordance with paragraph (1) of subdivision (m) takes the cost of clothing into account.
(h)In addition to the adjustment made pursuant to subdivision (e), the component for social work activities in the rate calculation specified in the departments regulations for foster family agencies shall be increased by 10 percent, effective January 1, 2001. This additional funding shall be used by foster family agencies solely to supplement staffing, salaries, wages, and benefit levels of staff performing social work activities. The schedule of rates shall be recomputed using the adjusted amount for social work activities. The resultant amounts shall constitute the new schedule of rates for foster family agencies. The department may require a foster family agency receiving this additional funding to certify that the funding was utilized in accordance with the provisions of this section.
(i)The increased rate provided by subparagraph (C) of paragraph (1) of subdivision (d) of Section 11461 shall not be used to compute the monthly amount that may be paid to licensed foster family agencies for the placement of children in certified foster homes.
(j)The total foster family agency rate by age group in effect as of January 1, 2008, paid to licensed foster family agencies for the placement of children in certified foster family homes, shall be reduced by 10 percent, effective October 1, 2009. The foster family agency shall have flexibility in applying the reduction, however, nothing shall be deducted from the child base rate, as defined in departmental regulations. When the rate is restored to at least the rate in effect on September 1, 2009, the director shall issue the declaration described in Section 1506.3 of the Health and Safety Code.
(k)Effective October 1, 2009, the total foster family agency rate by age group, in effect for those agency rates that are not determined by the schedule of rates set forth in the departments regulations, shall be reduced by the same percentage and in the same manner as provided for in subdivision (j).
(l)(1)The department shall determine, consistent with the requirements of this section and other relevant requirements under law, the rate category for each foster family agency on a biennial basis. Submission of the biennial rate application shall be according to a schedule determined by the department.
(2)The department shall adopt regulations to implement this subdivision. The adoption, amendment, repeal, or readoption of a regulation authorized by this subdivision is deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement to describe specific facts showing the need for immediate action.
(m)(1)On and after July 1, 2012, the basic rate payment that shall be made to the certified parent pursuant to this section for care and supervision of a child who is living in a certified home of a foster family agency, as defined in Section 11400, shall equal the basic rate for children based in a licensed or approved home, as specified in paragraph (1) of subdivision (g) of Section 11461.
(2)The basic rate payment to the certified parent made pursuant to paragraph (1) shall be adjusted annually on July 1, by the annual percentage change in the California Necessities Index, in accordance with paragraph (2) of subdivision (g) of Section 11461. The adjustment in this paragraph shall be in lieu of any adjustment pursuant to subdivision (e).
(n)Notwithstanding any other law, the changes to the basic rate payment specified in subdivision (m) shall not change the remaining components of the foster family agency rate. The new foster family agency rate shall be increased only by the amounts specified pursuant to subdivision (m). The resulting amounts shall constitute the new schedule of rates for foster family agencies, which shall be issued by all-county letters or similar instructions from the department.
(o)Beginning in the 201112 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
(p)(1)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific the changes to this section made by the act that added this section, and amend and repeal regulations and orders subject to this section and adopted by the department by means of all-county letters or similar instructions from the department until regulations are adopted. The department shall adopt emergency regulations no later than July 1, 2014. The department may readopt any emergency regulation authorized by this section that is the same as, or substantially equivalent to, an emergency regulation previously adopted under this section.
(2)The initial adoption of emergency regulations pursuant to this section and one readoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and each shall remain in effect for no more than 180 days, by which time final regulations may be adopted.
(q)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 85.Section 11463 is added to the Welfare and Institutions Code, to read:11463.(a)The department shall commence development of a new payment structure for the Title IV-E funded foster family agency placement option that maximizes federal funding, 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 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)The department shall consider the impact on children and youth being transitioned to alternate programs as a result of the new ratesetting system.
(e) This section shall become operative on January 1, 2017.
SEC. 86.Section 11463.01 is added to the Welfare and Institutions Code, immediately after Section 11463, to read:11463.01.(a)(1)The department, with the advice, assistance, and cooperation of the counties and foster care providers, shall develop, implement, and maintain a ratesetting system for foster family agencies.
(2)No county shall be reimbursed for any percentage increases in payments, made on behalf of AFDC-FC funded children who are placed with foster family agencies, that exceed the percentage cost-of-living increase provided in any fiscal year, as specified in subdivision (c) of Section 11461.
(b)The department shall develop regulations specifying the purposes, types, and services of foster family agencies, including the use of those agencies for the provision of emergency shelter care.
(c)The department shall develop and maintain regulations specifying the procedures for the appeal of department decisions about the setting of an agencys rate.
(d)No supplemental clothing allowance shall be provided, because the rate issued in accordance with paragraph (1) of subdivision (g) takes the cost of clothing into account.
(e)The schedule of rates for foster family agencies as set forth in Section 11463, as that section read on January 1, 2015, shall apply for purposes of, and may be modified pursuant to, this section.
(f)(1)The department shall determine, consistent with the requirements of this section and other relevant requirements under law, the rate category for each foster family agency on a biennial basis. Submission of the biennial rate application shall be according to a schedule determined by the department.
(2)The department shall adopt regulations to implement this subdivision. The adoption, amendment, repeal, or readoption of a regulation authorized by this subdivision is deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement to describe specific facts showing the need for immediate action.
(g)(1)The basic rate payment that shall be made to the certified parent pursuant to this section for care and supervision of a child who is living in a certified home of a foster family agency, as defined in Section 11400, shall equal the basic rate for children placed in a licensed or approved home, as specified in paragraph (1) of subdivision (g) of Section 11461.
(2)The basic rate payment to the certified parent made pursuant to paragraph (1) shall be adjusted annually on July 1, by the annual percentage change in the California Necessities Index, in accordance with paragraph (2) of subdivision (g) of Section 11461. The adjustment in this paragraph shall be in lieu of any adjustment pursuant to subdivision (e) of Section 11463, as that section read on January 1, 2015.
(h)Notwithstanding any other law, the changes to the basic rate payment specified in subdivision (g) shall not change the remaining components of the foster family agency rate. The new foster family agency rate shall be increased only by the amounts specified pursuant to subdivision (g). The resulting amounts shall constitute the new schedule of rates for foster family agencies, which shall be issued by all-county letters or similar instructions from the department.
(i)For each fiscal year, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
(j)(1)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific the changes to this section made by the act that added this section, and amend and repeal regulations and orders subject to this section and adopted by the department by means of all-county letters or similar instructions from the department until regulations are adopted. The department shall adopt emergency regulations no later than July 1, 2016. The department may readopt any emergency regulation authorized by this section that is the same as, or substantially equivalent to, an emergency regulation previously adopted under this section.
(2)The initial adoption of emergency regulations pursuant to this section and one readoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and each shall remain in effect for no more than 180 days, by which time final regulations may be adopted.
(k)This section shall only apply to a foster family agency that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11463.1.
(l)This section shall become operative on January 1, 2017.
(m)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 87.Section 11463.1 is added to the Welfare and Institutions Code, to read:11463.1.(a)Notwithstanding any other law, commencing January 1, 2017, no new foster family agency shall be established pursuant to the rate in effect through December 31, 2016.
(b)Notwithstanding subdivision (a), the department may grant an exception as appropriate, on a case-by-case basis, when a written request and supporting documentation are provided by a county placing agency, including a county welfare or probation director, that absent the granting of that exception, there is a material risk to the welfare of children due to an inadequate supply of appropriate alternative placement options to meet the needs of children 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 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. 88.Section 11465 of the Welfare and Institutions Code is amended to read:11465.(a)When a child is living with a parent who receives AFDC-FC or Kin-GAP benefits, the rate paid to the provider on behalf of the parent shall include an amount for care and supervision of the child.
(b)For each category of eligible licensed community care facility, as defined in Section 1502 of the Health and Safety Code, the department shall adopt regulations setting forth a uniform rate to cover the cost of care and supervision of the child in each category of eligible licensed community care facility.
(c)(1)On and after July 1, 1998, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 6 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate.
(2)(A)On and after July 1, 1999, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be adjusted by an amount equal to the California Necessities Index computed pursuant to Section 11453, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate, subject to further adjustment pursuant to subparagraph (B).
(B)In addition to the adjustment specified in subparagraph (A), on and after January 1, 2000, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 2.36 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate.
(3)Subject to the availability of funds, for the 200001 fiscal year and annually thereafter, these rates shall be adjusted for cost of living pursuant to procedures in Section 11453.
(4)On and after January 1, 2008, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 5 percent, rounded to the nearest dollar. The resulting amount shall constitute the new uniform rate.
(d)(1)Notwithstanding subdivisions (a) to (c), inclusive, the payment made pursuant to this section for care and supervision of a child who is living with a teen parent in a whole family foster home, as defined in Section 11400, shall equal the basic rate for children placed in a licensed or approved home as specified in subdivisions (a) to (d), inclusive, and subdivision (g), of Section 11461.
(2)(A)The amount paid for care and supervision of a dependent infant living with a dependent teen parent receiving AFDC-FC benefits in a group home placement shall equal the infant supplement rate for group home placements.
(B)Commencing January 1, 2017, the amount paid for care and supervision of a dependent infant living with a dependent teenage parent receiving AFDC-FC benefits in a short-term residential treatment center shall equal the infant supplement rate for short-term residential treatment centers established by the department.
(3)(A)The caregiver shall provide the county child welfare agency or probation department with a copy of the shared responsibility plan developed pursuant to Section 16501.25 and shall advise the county child welfare agency or probation department of any subsequent changes to the plan. Once the plan has been completed and provided to the appropriate agencies, the payment made pursuant to this section shall be increased by an additional two hundred dollars ($200) per month to reflect the increased care and supervision while he or she is placed in the whole family foster home.
(B)A nonminor dependent parent residing in a supervised independent living placement, as defined in subdivision (w) of Section 11400, who develops a written parenting support plan pursuant to Section 16501.26 shall provide the county child welfare agency or probation department with a copy of the plan and shall advise the county child welfare agency or probation department of any subsequent changes to the plan. The payment made pursuant to this section shall be increased by an additional two hundred dollars ($200) per month after all of the following have been satisfied:
(i)The plan has been completed and provided to the appropriate county agency.
(ii)The plan has been approved by the appropriate county agency.
(iii)The county agency has determined that the identified responsible adult meets the criteria specified in Section 16501.27.
(4)In a year in which the payment provided pursuant to this section is adjusted for the cost of living as provided in paragraph (1) of subdivision (c), the payments provided for in this subdivision shall also be increased by the same procedures.
(5)A Kin-GAP relative who, immediately prior to entering the Kin-GAP program, was designated as a whole family foster home shall receive the same payment amounts for the care and supervision of a child who is living with a teen parent they received in foster care as a whole family foster home.
(6)On and after January 1, 2012, the rate paid for a child living with a teen parent in a whole family foster home as defined in Section 11400 shall also be paid for a child living with a nonminor dependent parent who is eligible to receive AFDC-FC or Kin-GAP pursuant to Section 11403.
SEC. 89.Section 11466 is added to the Welfare and Institutions Code, to read:11466.For the purposes of this section to Section 114691.1, inclusive, provider shall mean a group home, short-term residential treatment center, a foster family agency that provides treatment services, and similar foster care business entities.
SEC. 90.Section 11466.2 of the Welfare and Institutions Code is amended to read:11466.2.(a)(1)The department shall perform or have performed group home program and fiscal audits as needed. Group home programs shall maintain all child-specific, programmatic, personnel, fiscal, and other information affecting group home ratesetting and AFDC-FC payments for a period not less than five years.
(2)Notwithstanding paragraph (1), the department shall not establish an overpayment based upon a nonprovisional program audit conducted on less than a one-year audit period.
(3)Notwithstanding paragraph (2), the department may conduct audits covering a period of less than 12 months. Based upon the findings of these audits, the department may reduce a group home programs AFDC-FC rate or RCL pursuant to this paragraph.
(A)In an audit of a period of less than 12 months, if a providers audited RCL is no more than three levels below the paid RCL, the providers rate and RCL will be reduced to the audited RCL. The provider will be allowed the opportunity to bring a program into compliance with the paid RCL.
(B)In an audit of a period of less than 12 months, if the providers audited RCL is more than three levels below the paid RCL, the department shall conduct an audit as identified in paragraph (2) of subdivision (a) of Section 11466.2. The provider will be allowed the opportunity to bring a program into compliance with the paid RCL.
(C)For audit purposes, when the group home program serves a mixture of AFDC-FC eligible and ineligible children, the weighted hours for child care and social work services provided and the capacity of the group home shall be adjusted by the ratio of AFDC-FC eligible children to all children in placement.
(D)A group home provider may request a hearing of the departments RCL determination under subparagraph (A) no later than 30 days after the date the department issues its RCL determination. The departments RCL determination shall be final if the group home provider does not request a hearing within the prescribed time. Within 60 days of receipt of the request for hearing, the department shall conduct a hearing on the RCL determination. The standard of proof shall be the preponderance of the evidence and the burden of proof shall be on the department. The hearing officer shall issue the proposed decision within 45 days of the close of the evidentiary record. The director shall adopt, reject, or modify the proposed decision, or refer the matter back to the hearing officer for additional evidence or findings within 100 days of issuance of the proposed decision. If the director takes no action on the proposed decision within the prescribed time, the proposed decision shall take effect by operation of law.
(b)(1)The department shall develop regulations to correct a group home programs RCL, and to adjust the rate and to recover any overpayments resulting from an overstatement of the projected level of care and services.
(2)The department shall modify the amount of the overpayment pursuant to paragraph (1) in cases where the level of care and services provided per child in placement equals or exceeds the level associated with the programs RCL. In making this modification, the department shall determine whether services other than child care supervision were provided to children in placement in an amount that is at least proportionate, on a per child basis, to the amount projected in the group homes rate application. In cases where these services are provided in less than a proportionate amount, staffing for child care supervision in excess of its proportionate share shall not be substituted for nonchild care supervision staff hours.
(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 departments 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 group home 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 found are explained and the opportunity exists for providers to respond. The department shall adopt regulations specifying the procedure for the appeal of audit findings.
(d)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 91.Section 11466.2 is added to the Welfare and Institutions Code, 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)A provider may request a hearing of the departments audit determination under this section no later than 30 days after the date the department issues its audit determination. The departments 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 programs 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 departments 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. 92.Section 11466.21 of the Welfare and Institutions Code is amended to read:11466.21.(a)In accordance with subdivision (b), as a condition to receive an AFDC-FC rate for a program including, but not limited to, a group home, a foster family agency that provides treatment services, a short-term residential treatment center, and other similar business entities providing foster care, the following shall apply:
(1)Any provider who expends in combined federal funds an amount at or above the federal funding threshold in accordance with the federal Single Audit Act, as amended, and Section 200.501 of Title 2 of the Code of Federal Regulations shall arrange to have a financial audit conducted on an annual basis, and shall submit the annual financial audit to the department in accordance with regulations adopted by the department, all-county letter, or similar written instructions.
(2)Any provider who expends in combined federal funds an amount below the federal funding threshold in accordance with the federal Single Audit Act, as amended, and Section 200.501 of Title 2 of the Code of Federal Regulations shall annually submit to the department a financial audit on its most recent fiscal period. The department shall provide timely notice to the providers of the date that submission of the financial audit is required. That date of submission of the financial audit shall be established in accordance with regulations adopted by the department.
(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 providers 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 providers next full fiscal year of operation. The provider shall submit the financial audit to the department in accordance with subdivision (a).
(4)Repeated late financial audits may result in monetary penalties or termination of the providers rate as set forth in regulation, all-county letter, or similar written directive by the department.
(c)The department shall issue a management decision letter on audit findings 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.
SEC. 93.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 programs paid rate.
(b)For the purposes of this section, a provider is a licensee of an AFDC-FC program listed in Section 11402, including, but not limited to, a group home, short-term residential treatment center, foster family agency that provides treatment services, or a similar business entity, receiving foster care maintenance payments under the AFDC-FC program. The department may collect a sustained overpayment from the party responsible for the sustained overpayment, regardless of whether the party remains in the business of providing any AFDC-FC programs, and regardless of whether the provider remains licensed by the department.
(c)For the purposes of this section, a provider overpayment is an overpayment that results in an audit period when a provider receives a rate reimbursement to which it is not entitled. If a provider receives a rate reimbursement to which it is not entitled, including, but not limited to, the provider failing to maintain a license, or failing to maintain its status as a nonprofit organization, or due to an overpayment determined as described in paragraph (1) of subdivision (d). If a provider receives a rate to which it is not entitled it shall be liable to repay the overpayment.
(d)(1)Overpayments shall be determined by either a provider audit pursuant to Section 11466.21, a department audit conducted pursuant to Section 11466.2, a management decision letter, or a provider self-reporting an overpayment. A self-reported overpayment may include a finding in the financial audit report submitted by the provider whether that finding is formally made in the financial audit report or discovered through department review of the report or other provider submission.
(2)If a hearing is not requested, or on the 60th day after an informal decision if a provider or the department does not file a notice of intent to file a formal appeal, or on the 30th day following a formal appeal hearing decision, whichever is latest, a provider overpayment shall be sustained for collection purposes and the department shall issue a demand letter for repayment of the sustained overpayment.
(3)The department shall establish a voluntary repayment agreement procedure with a maximum repayment period of nine years. The procedure shall take into account the amount of the overpayment, projected annual income of the program that caused the overpayment, a minimum repayment amount, including principal and interest, of 3 percent of annual income prorated on a monthly basis, simple interest for the first seven years of the voluntary repayment agreement on the overpayment amount based on the Surplus Money Investment Fund, and simple interest for the eighth and ninth years of the voluntary repayment agreement based on the prime rate at that time plus 3 percent. The department may consider, at the discretion of the director, renegotiation of a voluntary repayment agreement if the director determines that the agreement would cause severe harm to children in placement.
(4)The department shall establish an involuntary overpayment collection procedure, that shall take into account the amount of the overpayment, projected annual income, a minimum required repayment amount, including principal and interest, of 5 percent of the annual income prorated on a monthly basis, simple interest on the overpayment amount based on the Surplus Money Investment Fund, and a maximum repayment period of seven years. The department may consider, at the discretion of the director, renegotiation of an involuntary payment agreement if the director determines that the agreement would cause severe harm to children in placement.
(e)The department shall maintain, by regulation , all-county letter, or similar written directive, a procedure for recovery of any provider sustained overpayments. The department shall prioritize collection methods, which shall include voluntary repayment agreement procedures, involuntary overpayment collection procedures, including the use of a statutory lien, rate request denials, rate decreases, and rate terminations. The department may also deny rate requests, including requests for rate increases, or program changes or expansions, while an overpayment is due.
(f)Whenever the department determines that a provider sustained overpayment has occurred, the department shall recover from the provider the full amount of the sustained overpayment, and simple interest on the sustained overpayment amount, pursuant to methods described in subdivision (e), against the providers 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. 94.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 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. 95.Section 11466.3 of the Welfare and Institutions Code is amended to read:11466.3.(a)The department shall offer a voluntary repayment agreement procedure to providers that owe a sustained overpayment. A provider may enter into a voluntary repayment agreement with the department to repay a sustained overpayment. The voluntary repayment agreement shall, at a minimum, meet the requirements developed pursuant to paragraph (3) of subdivision (d) of Section 11466.22.
(b)The department shall charge simple interest on the voluntary repayment agreement in accordance with paragraph (3) of subdivision (d) of Section 11466.22.
SEC. 96.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. 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 providers rate and shall result in a referral to the departments Community Care Licensing Division for license revocation.
SEC. 97.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 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 providers 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. 98.Section 11466.33 of the Welfare and Institutions Code is amended to read:11466.33.(a)If any amount is due and payable to the department as a result of a sustained overpayment to a provider for care and services in the AFDC-FC program, the department may file, in the office of any county clerk of any county in which the provider has real or personal property, a certificate if any of the following conditions are met:
(1)No formal hearing is requested, the provider has not submitted a voluntary repayment agreement with the first payment, and 60 days have elapsed from the notice of audit results.
(2)The provider has not submitted a voluntary repayment agreement along with the first payment, 30 days have elapsed after an adverse appeal decision by a hearing officer sustaining an overpayment, and that decision has been adopted by the department or is effective by operation of law.
(b)The certificate provided for pursuant to subdivision (a) shall contain:
(1)The amount due, owing, and unpaid, plus simple interest on the amount owing and unpaid beginning on the date the certificate is filed.
(2)A statement that the department has complied with this section prior to the filing of the certificate.
(3)A request that a lien be recorded against the provider in the amount set forth in the certificate.
(c)The county clerk immediately upon the filing of the certificate shall record the lien for the State of California against the provider in the amount set forth in the certificate. The lien may be filed in the chain of title of the property.
(d)The department shall pay the cost of the first lien, and providers shall be responsible for any subsequent liens on a sustained overpayment.
(e)For the first certificate filed by the department pursuant to this section, the county shall waive all filing fees.
SEC. 99.Section 11466.34 of the Welfare and Institutions Code is amended to read:11466.34.(a)(1)At any time within 10 years of the recording of a lien pursuant to Section 11466.33, the department may bring an action, in a superior court in the county in which the lien is filed, seeking a judgment to establish the lien as a judgment lien.
(2)If a judgment is obtained pursuant to paragraph (1), the county recorder shall record the lien as a judgment lien.
(b)An abstract of a judgment obtained pursuant to subdivision (a) or a copy thereof may be recorded with the county recorder of any county. From the time of recording, the judgment shall constitute a lien upon all real or personal property of the provider in that county owned by the provider at the time, or that the provider may afterwards, but before the lien expires, acquire. The judgment lien shall continue for 10 years from the time of recording of the abstract of judgment obtained pursuant to subdivision (a), unless sooner released or otherwise discharged.
(c)The judgment lien may, within 10 years from the date of recording of the abstract of judgment or within 10 years from the date of the last extension of the lien in the manner provided in this section, be extended by recording a new abstract in the office of the county recorder of any county. From the date of that recording, the lien shall be extended for 10 years, unless sooner released or otherwise discharged.
(d)The department may release any lien imposed pursuant to this chapter, at the providers cost, in which case any judgment pertaining to that lien is for all purposes null and void, if all of the following conditions are met:
(1)No temporary suspension order or license revocation actions by the departments community care licensing division is pending against a provider.
(2)A provider has made at least three timely payments on a voluntary repayment agreement.
(3)The provider submits to the department corroborative evidence that it is unable to obtain a loan from an institutional lender unless the lien is released.
(e)Execution shall issue upon a judgment obtained pursuant to this section upon request of the department in the same manner as execution may issue upon other judgments. Sale shall be held under that execution as prescribed in the Code of Civil Procedure. In all proceedings under this section, the director or his or her authorized agents may act on behalf of the state.
SEC. 100.Section 11466.35 of the Welfare and Institutions Code is amended to read:11466.35.(a)Any licensee or member of a governing board of a nonprofit who has been determined to owe a sustained overpayment under this chapter, and who, subsequent to notice of the sustained overpayment, has its rate terminated, shall be ineligible to apply or receive a rate for any future program until the overpayment is repaid.
(b)A rate application shall be denied for a provider that meets either of the following conditions:
(1)A provider owing a sustained overpayment under this chapter, upon the occurrence of any additional sustained overpayment, shall be ineligible to apply or receive a rate for an existing or future program until the sustained overpayments are repaid, unless a voluntary repayment agreement is approved by the department.
(2)A provider incurring a sustained overpayment that constitutes more than 60 percent of the providers annual rate reimbursement shall be ineligible to apply or receive a rate for any existing or future programs until the sustained overpayments are repaid, unless a voluntary repayment agreement is approved by the department.
SEC. 101.Section 11466.36 of the Welfare and Institutions Code is amended to read:11466.36.(a)The department may terminate a program rate if any of the following conditions are met:
(1)The department determines that, based upon the findings of a hearing officer, a rate application or information submitted by a provider was fraudulently submitted to the department.
(2)A provider is failing to provide services in accordance with the standards associated with its paid rate or in accordance with its program statement.
(3)A provider with an outstanding sustained overpayment incurs a second sustained overpayment, and is unable to repay the sustained overpayments.
(4)A provider has a sustained overpayment that represents 100 percent of a providers annual rate reimbursement.
(5)A provider has a sustained overpayment and has failed to timely submit its payments on more than three occasions in a 12-month period.
(b)This chapter shall not be construed to affect the departments authority under other provisions of law for collection of provider sustained overpayments.
SEC. 102.Section 11466.5 of the Welfare and Institutions Code is amended to read:11466.5.The department shall collect cost data and monitor the cost of providing care and supervision, and social work services, to AFDC-FC recipients. These data shall include, but not be limited to, the costs incurred for employee wages and benefits.
SEC. 103.Section 11466.6 of the Welfare and Institutions Code is amended to read:11466.6.A provider who disagrees with the rate determined by the department, the rate adjusted by an audit, or a determination made in a management decision letter may request in writing an appeal by the director or the directors designee. The department shall maintain, by regulation, all-county letter, or similar written directive, procedures for the departmental appeal process.
SEC. 104.Section 11468 of the Welfare and Institutions Code is amended to read:11468.The department shall establish and maintain administrative procedures to review the rate set by the department for AFDC-FC programs, including, but not limited to, group homes, short-term residential treatment centers, and foster family agencies that provide treatment services.
SEC. 105.Section 16000 of the Welfare and Institutions Code is amended to read:16000.(a)It is the intent of the Legislature to preserve and strengthen a childs family ties whenever possible, removing the child from the custody of his or her parents only when necessary for his or her welfare or for the safety and protection of the public. If a child is removed from the physical custody of his or her parents, preferential consideration shall be given whenever possible to the placement of the child with the relative as required by Section 7950 of the Family Code. If the child is removed from his or her own family, it is the purpose of this chapter to secure as nearly as possible for the child the custody, care, and discipline equivalent to that which should have been given to the child by his or her parents. It is further the intent of the Legislature to reaffirm its commitment to children who are in out-of-home placement to live in the least restrictive family setting promoting normal childhood experiences that is suited to meet the childs or youths individual needs, and to live as close to the childs family as possible pursuant to subdivision (c) of Section 16501.1. Family reunification services shall be provided for expeditious reunification of the child with his or her family, as required by law. If reunification is not possible or likely, a permanent alternative shall be developed.
(b)It is further the intent of the Legislature that all children live with a committed, permanent, and nurturing family. Services and supports should be tailored to meet the needs of the individual child and family being served, with the ultimate goal of maintaining the family, or when this is not possible, transitioning the child or youth to a permanent family or preparing the child or youth for a successful transition into adulthood. When needed, short-term residential treatment center program services are a short-term, specialized, and intensive intervention that is just one part of a continuum of care available for children, youth, young adults, and their families.
(c)It is further the intent of the Legislature to ensure that all pupils in foster care and those who are homeless as defined by the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.) have the opportunity to meet the challenging state pupil academic achievement standards to which all pupils are held. In fulfilling their responsibilities to pupils in foster care, educators, county placing agencies, care providers, advocates, and the juvenile courts shall work together to maintain stable school placements and to ensure that each pupil is placed in the least restrictive educational programs, and has access to the academic resources, services, and extracurricular and enrichment activities that are available to all pupils. In all instances, educational and school placement decisions shall be based on the best interests of the child.
SEC. 106.Section 16003 of the Welfare and Institutions Code is amended to read:16003.(a)In order to promote the successful implementation of the statutory preference for foster care placement with a relative caregiver as set forth in Section 7950 of the Family Code, each community college district with a foster care education program shall make available orientation and training to the relative or nonrelative extended family member caregiver into whose care the county has placed a foster child pursuant to Section 1529.2 of the Health and Safety Code, including, but not limited to, courses that cover the following:
(1)The role, rights, and responsibilities of a relative or nonrelative extended family member caregiver caring for a child in foster care, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(2)An overview of the child protective system.
(3)The effects of child abuse and neglect on child development.
(4)Positive discipline and the importance of self-esteem.
(5)Health issues in foster care.
(6)Accessing education and health services that are available to foster children.
(7)Relationship and safety issues regarding contact with one or both of the birth parents.
(8)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(9)Information on resources available for those who meet eligibility criteria, including out-of-home care payments, the Medi-Cal program, in-home supportive services, and other similar resources.
(10)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(11)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(b)In addition to training made available pursuant to subdivision (a), each community college district with a foster care education program shall make training available to a relative or nonrelative extended family member caregiver that includes, but need not be limited to, courses that cover all of the following:
(1)Child and adolescent development, including sexual orientation, gender identity, and expression.
(2)Health issues in foster care.
(3)Positive discipline and the importance of self-esteem.
(4)Emancipation and independent living.
(5)Accessing education and health services available to foster children.
(6)Relationship and safety issues regarding contact with one or both of the birth parents.
(7)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(8)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(c)In addition to the requirements of subdivisions (a) and (b), each community college district with a foster care education program, in providing the orientation program, shall develop appropriate program parameters in collaboration with the counties.
(d)Each community college district with a foster care education program shall make every attempt to make the training and orientation programs for relative or nonrelative extended family member caregivers highly accessible in the communities in which they reside.
(e)When a child is placed with a relative or nonrelative extended family member caregiver, the county shall inform the caregiver of the availability of training and orientation programs and it is the intent of the Legislature that the county shall forward the names and addresses of relative or nonrelative extended family member caregivers to the appropriate community colleges providing the training and orientation programs.
(f)This section shall not be construed to preclude counties from developing or expanding existing training and orientation programs for foster care providers to include relative or nonrelative extended family member caregivers.
(g)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 106.1.Section 16003 of the Welfare and Institutions Code is amended to read:16003.(a)In order to promote the successful implementation of the statutory preference for foster care placement with a relative caregiver as set forth in Section 7950 of the Family Code, each community college district with a foster care education program shall make available orientation and training to the relative or nonrelative extended family member caregiver into whose care the county has placed a foster child pursuant to Section 1529.2 of the Health and Safety Code, including, but not limited to, courses that cover the following:
(1)The role, rights, and responsibilities of a relative or nonrelative extended family member caregiver caring for a child in foster care, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(2)An overview of the child protective system.
(3)The effects of child abuse and neglect on child development.
(4)Positive discipline and the importance of self-esteem.
(5)Health issues in foster care, including, but not limited to, the information described in subdivision (d) of Section 16501.4.
(6)Accessing education and health services that are available to foster children.
(7)Relationship and safety issues regarding contact with one or both of the birth parents.
(8)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(9)Information on resources available for those who meet eligibility criteria, including out-of-home care payments, the Medi-Cal program, in-home supportive services, and other similar resources.
(10)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(11)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(b)In addition to training made available pursuant to subdivision (a), each community college district with a foster care education program shall make training available to a relative or nonrelative extended family member caregiver that includes, but need not be limited to, courses that cover all of the following:
(1)Child and adolescent development, including sexual orientation, gender identity, and expression.
(2)Health issues in foster care, including, but not limited to, the information described in subdivision (d) of Section 16501.4.
(3)Positive discipline and the importance of self-esteem.
(4)Emancipation and independent living.
(5)Accessing education and health services available to foster children.
(6)Relationship and safety issues regarding contact with one or both of the birth parents.
(7)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(8)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(c)In addition to the requirements of subdivisions (a) and (b), each community college district with a foster care education program, in providing the orientation program, shall develop appropriate program parameters in collaboration with the counties.
(d)Each community college district with a foster care education program shall make every attempt to make the training and orientation programs for relative or nonrelative extended family member caregivers highly accessible in the communities in which they reside.
(e)When a child is placed with a relative or nonrelative extended family member caregiver, the county shall inform the caregiver of the availability of training and orientation programs and it is the intent of the Legislature that the county shall forward the names and addresses of relative or nonrelative extended family member caregivers to the appropriate community colleges providing the training and orientation programs.
(f)This section shall not be construed to preclude counties from developing or expanding existing training and orientation programs for foster care providers to include relative or nonrelative extended family member caregivers.
(g)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 106.2.Section 16003 of the Welfare and Institutions Code is amended to read:16003.(a)In order to promote the successful implementation of the statutory preference for foster care placement with a relative caregiver as set forth in Section 7950 of the Family Code, each community college district with a foster care education program shall make available orientation and training, pursuant to Sections 1522.44 and 1529.2 of the Health and Safety Code, to the relative or nonrelative extended family member caregiver into whose care the county has placed a foster child. The training shall include, but is not limited to, courses that cover the following:
(1)The role, rights, and responsibilities of a relative or nonrelative extended family member caregiver caring for a child in foster care, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(2)An overview of the child protective system.
(3)The effects of child abuse and neglect on child development.
(4)Positive discipline and the importance of self-esteem.
(5)Health issues in foster care.
(6)Accessing education and health services that are available to foster children.
(7)Relationship and safety issues regarding contact with one or both of the birth parents.
(8)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(9)Information on resources available for those who meet eligibility criteria, including out-of-home care payments, the Medi-Cal program, in-home supportive services, and other similar resources.
(10)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(11)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(12)Knowledge of, 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.
(b)In addition to training made available pursuant to subdivision (a), each community college district with a foster care education program shall make training available to a relative or nonrelative extended family member caregiver that includes, but need not be limited to, courses that cover all of the following:
(1)Child and adolescent development, including sexual orientation, gender identity, and expression.
(2)Health issues in foster care.
(3)Positive discipline and the importance of self-esteem.
(4)Emancipation and independent living.
(5)Accessing education and health services available to foster children.
(6)Relationship and safety issues regarding contact with one or both of the birth parents.
(7)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(8)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(9)Knowledge of, 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.
(c)In addition to the requirements of subdivisions (a) and (b), each community college district with a foster care education program, in providing the orientation program, shall develop appropriate program parameters in collaboration with the counties.
(d)Each community college district with a foster care education program shall make every attempt to make the training and orientation programs for relative or nonrelative extended family member caregivers highly accessible in the communities in which they reside.
(e)When a child is placed with a relative or nonrelative extended family member caregiver, the county shall inform the caregiver of the availability of training and orientation programs and it is the intent of the Legislature that the county shall forward the names and addresses of relative or nonrelative extended family member caregivers to the appropriate community colleges providing the training and orientation programs.
(f)This section shall not be construed to preclude counties from developing or expanding existing training and orientation programs for foster care providers to include relative or nonrelative extended family member caregivers.
(g) This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 106.3.Section 16003 of the Welfare and Institutions Code is amended to read:16003.(a)In order to promote the successful implementation of the statutory preference for foster care placement with a relative caregiver as set forth in Section 7950 of the Family Code, each community college district with a foster care education program shall make available orientation and training, pursuant to Sections 1522.44 and 1529.2 of the Health and Safety Code, to the relative or nonrelative extended family member caregiver into whose care the county has placed a foster child. The training shall include, but is not limited to, courses that cover the following:
(1)The role, rights, and responsibilities of a relative or nonrelative extended family member caregiver caring for a child in foster care, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(2)An overview of the child protective system.
(3)The effects of child abuse and neglect on child development.
(4)Positive discipline and the importance of self-esteem.
(5)Health issues in foster care, including, but not limited to, the information described in subdivision (d) of Section 16501.4.
(6)Accessing education and health services that are available to foster children.
(7)Relationship and safety issues regarding contact with one or both of the birth parents.
(8)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(9)Information on resources available for those who meet eligibility criteria, including out-of-home care payments, the Medi-Cal program, in-home supportive services, and other similar resources.
(10)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(11)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(12)Knowledge of, 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.
(b)In addition to training made available pursuant to subdivision (a), each community college district with a foster care education program shall make training available to a relative or nonrelative extended family member caregiver that includes, but need not be limited to, courses that cover all of the following:
(1)Child and adolescent development, including sexual orientation, gender identity, and expression.
(2)Health issues in foster care, including, but not limited to, the information described in subdivision (d) of Section 16501.4.
(3)Positive discipline and the importance of self-esteem.
(4)Emancipation and independent living.
(5)Accessing education and health services available to foster children.
(6)Relationship and safety issues regarding contact with one or both of the birth parents.
(7)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(8)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(9)Knowledge of, 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.
(c)In addition to the requirements of subdivisions (a) and (b), each community college district with a foster care education program, in providing the orientation program, shall develop appropriate program parameters in collaboration with the counties.
(d)Each community college district with a foster care education program shall make every attempt to make the training and orientation programs for relative or nonrelative extended family member caregivers highly accessible in the communities in which they reside.
(e)When a child is placed with a relative or nonrelative extended family member caregiver, the county shall inform the caregiver of the availability of training and orientation programs and it is the intent of the Legislature that the county shall forward the names and addresses of relative or nonrelative extended family member caregivers to the appropriate community colleges providing the training and orientation programs.
(f)This section shall not be construed to preclude counties from developing or expanding existing training and orientation programs for foster care providers to include relative or nonrelative extended family member caregivers.
(g)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 107.Section 16003.5 is added to the Welfare and Institutions Code, to read:16003.5.(a)Any state funding allocated to counties for the purpose of recruiting, retaining, and supporting foster parents, relative caregivers, and resource families shall be used to increase the capacity and use of home-based family care and the provision of services and supports to such caregivers. Allowable expenditures of those funds shall include, but not be limited to, and shall be used to supplement and not supplant, resources used by a county for any of the following purposes:
(1)Staffing to provide and improve direct services and supports to licensed foster family homes, approved resource families, and relative caregivers, and to remove any barriers in those areas defined as priorities in the county implementation plan and subsequent reports on outcomes.
(2)Exceptional child needs not covered by the caregiver-specific rate that would normalize the childs experience, stabilize the placement, or enhance the childs well-being.
(3)Child care for licensed foster parents, approved resource families, and relative caregivers.
(4)Intensive relative finding, engagement, and navigation efforts.
(5)Emerging technological, evidence-informed, or other nontraditional approaches to outreach to potential foster family homes, resource families, and relatives.
(b)(1)The department shall provide available funding to counties based upon its approval of plans submitted by each county that requests funding described in subdivision (a). Each county plan shall be submitted by September 1 of any year in which funding is available. Each county plan shall include all of the following:
(A)A definition of the specific goal or goals related to increasing the capacity and use of home-based family care and the provision of services and supports to such caregivers that the county intends to achieve.
(B)A description of the strategy or strategies the county proposes to pursue to address the goal or goals identified in subparagraph (A).
(C)An explanation or rationale for the proposed strategy or strategies relative to the goal or goals identified in subparagraph (A).
(D)A list or description of the outcomes that shall be reported pursuant to subdivision (c), including baseline data for those outcomes.
(2)The department shall develop, following consultation with the County Welfare Directors Association of California and the Chief Probation Officers of California, criteria for the approval of county plans submitted pursuant to paragraph (1).
(c)As a condition of accepting state funding described in subdivision (a), counties receiving that funding shall, by September 30 of the year following the end of the fiscal year in which the funding was available, report to the department the outcomes achieved through the use of that funding and the activities that contributed to those outcomes. This report from each receiving county shall be made in a manner prescribed by the department, following consultation with the County Welfare Directors Association of California and the Chief Probation Officers of California. Using these reports, the department shall share best practices among counties and shall periodically update the Legislature.
(d)Funding for the purposes of this section shall be subject to an appropriation by the Legislature.
SEC. 108.Section 16501 of the Welfare and Institutions Code is amended to read:16501.(a)(1)As used in this chapter, child welfare services means public social services that are directed toward the accomplishment of any or all of the following purposes: protecting and promoting the welfare of all children, including disabled, homeless, dependent, or neglected children; preventing or remedying, or assisting in the solution of problems which may result in, the neglect, abuse, exploitation, or delinquency of children; preventing the unnecessary separation of children from their families by identifying family problems, assisting families in resolving their problems, and preventing breakup of the family where the prevention of child removal is desirable and possible; restoring to their families children who have been removed, by the provision of services to the child and the families; identifying children to be placed in suitable adoptive homes, in cases where restoration to the biological family is not possible or appropriate; and ensuring adequate care of children away from their homes, in cases where the child cannot be returned home or cannot be placed for adoption.
(2)Child welfare services also means services provided on behalf of children alleged to be the victims of child abuse, neglect, or exploitation. The child welfare services provided on behalf of each child represent a continuum of services, including emergency response services, family preservation services, family maintenance services, family reunification services, and permanent placement services, including supportive transition services. The individual childs case plan is the guiding principle in the provision of these services. The case plan shall be developed within a maximum of 60 days of the initial removal of the child or of the in-person response required under subdivision (f) if the child has not been removed from his or her home, or by the date of the dispositional hearing pursuant to Section 358, whichever comes first.
(3)Child welfare services are best provided in a framework that integrates service planning and delivery among multiple service systems, including the mental health system, using a team-based approach, such as a child and family team. A child and family team brings together individuals that engage with the child or youth and family in assessing, planning, and delivering services consistent with paragraph (1) of subdivision (d) of Section 16501.1. Use of a team approach increases efficiency, and thus reduces cost, by increasing coordination of formal services and integrating the natural and informal supports available to the child or youth and family.
(4)Child and family team means a group of individuals who are convened by the placing agency and who are engaged through a variety of team-based processes to identify the strengths and needs of the child or youth and his or her family, and to help achieve positive outcomes for safety, permanency, and well-being.
(A)The activities of the team shall include, but not be limited to, both of the following:
(i)Providing input into the development of a child and family plan that is strengths-based, needs-driven, and culturally relevant.
(ii)Providing input into the placement decision made by the placing agency and the services to be provided in order to support the child or youth.
(B)The child and family team process shall engage the child or youth, the childs family, and other people important to the family or to the child or youth in meeting the objectives set forth in subparagraph (A). The child and family team shall also include representatives who provide formal supports to the child or youth and family when appropriate, including, but not limited to, the caregiver, the placing agency caseworker, a representative from a foster family agency or short-term residential treatment center with which a child or youth is placed, a county mental health representative, a representative from the regional center when the child is eligible for regional center service, and a representative of the childs or youths tribe or Indian custodian, as applicable. As appropriate, the child and family team also may include other formal supports, such as substance use disorder treatment professionals and educational professionals, providing services to the child or youth and family. For purposes of this definition, the child and family team also may include extended family and informal support persons, such as friends, coaches, faith-based connections, and tribes as identified by the child or youth and family. If placement into a short-term residential treatment center or a foster family agency that provides treatment services has occurred or is being considered, the mental health representative is required to be a licensed mental health professional. Any party to the childs case who is represented by an attorney may consult with his or her attorney regarding this process. The child or youth and his or her family may request specific persons to be included on the child and family team. Nothing shall preclude another agency serving the child or youth from convening a team in collaboration with the placing agency.
(5)Child welfare services may include, but are not limited to, a range of service-funded activities, including case management, counseling, emergency shelter care, emergency in-home caretakers, temporary in-home caretakers, respite care, therapeutic day services, teaching and demonstrating homemakers, parenting training, substance abuse testing, and transportation. These service-funded activities shall be available to children and their families in all phases of the child welfare program in accordance with the childs case plan and departmental regulations. Funding for services is limited to the amount appropriated in the annual Budget Act and other available county funds.
(6)Service-funded activities to be provided may be determined by each county, based upon individual child and family needs as reflected in the service plan.
(7)As used in this chapter, emergency shelter care means emergency shelter provided to children who have been removed pursuant to Section 300 from their parent or parents or their guardian or guardians. The department may establish, by regulation, the time periods for which emergency shelter care shall be funded. For the purposes of this paragraph, emergency shelter care may include transitional shelter care facilities as defined in paragraph (11) of subdivision (a) of Section 1502 of the Health and Safety Code.
(b)As used in this chapter, respite care means temporary care for periods not to exceed 72 hours, and, in order to preserve the placement, may be extended up to 14 days in any one month pending the development of policies and regulations in consultation with county placing agencies and stakeholders. This care may be provided to the childs parents or guardians. This care shall not be limited by regulation to care over 24 hours. These services shall not be provided for the purpose of routine, ongoing child care.
(c)The county shall provide child welfare services as needed pursuant to an approved service plan and in accordance with regulations promulgated, in consultation with the counties, by the department. Counties may contract for service-funded activities as defined in paragraph (1) of subdivision (a). Counties shall not contract for needs assessment, client eligibility determination, or any other activity as specified by regulations of the State Department of Social Services, except as specifically authorized in Section 16100.
(d)Nothing in this chapter shall be construed to affect duties which are delegated to probation officers pursuant to Sections 601 and 654.
(e)Any county may utilize volunteer individuals to supplement professional child welfare services by providing ancillary support services in accordance with regulations adopted by the State Department of Social Services.
(f)As used in this chapter, emergency response services consist of a response system providing in-person response, 24 hours a day, seven days a week, to reports of abuse, neglect, or exploitation, as required by Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code for the purpose of investigation pursuant to Section 11166 of the Penal Code and to determine the necessity for providing initial intake services and crisis intervention to maintain the child safely in his or her own home or to protect the safety of the child. County welfare departments shall respond to any report of imminent danger to a child immediately and all other reports within 10 calendar days. An in-person response is not required when the county welfare department, based upon an evaluation of risk, determines that an in-person response is not appropriate. This evaluation includes collateral, contacts, a review of previous referrals, and other relevant information, as indicated.
(g)As used in this chapter, family maintenance services are activities designed to provide in-home protective services to prevent or remedy neglect, abuse, or exploitation, for the purposes of preventing separation of children from their families.
(h)As used in this chapter, family reunification services are activities designed to provide time-limited foster care services to prevent or remedy neglect, abuse, or exploitation, when the child cannot safely remain at home, and needs temporary foster care, while services are provided to reunite the family.
(i)As used in this chapter, permanent placement services are activities designed to provide an alternate permanent family structure for children who because of abuse, neglect, or exploitation cannot safely remain at home and who are unlikely to ever return home. These services shall be provided on behalf of children for whom there has been a judicial determination of a permanent plan for adoption, legal guardianship, or long-term foster care, and, as needed, shall include supportive transition services to nonminor dependents, as described in subdivision (v) of Section 11400.
(j)As used in this chapter, family preservation services include those services specified in Section 16500.5 to avoid or limit out-of-home placement of children, and may include those services specified in that section to place children in the least restrictive environment possible.
(k)(1)(A)In any county electing to implement this subdivision, all county welfare department employees who have frequent and routine contact with children shall, by February 1, 1997, and all welfare department employees who are expected to have frequent and routine contact with children and who are hired on or after January 1, 1996, and all such employees whose duties change after January 1, 1996, to include frequent and routine contact with children, shall, if the employees provide services to children who are alleged victims of abuse, neglect, or exploitation, sign a declaration under penalty of perjury regarding any prior criminal conviction, and shall provide a set of fingerprints to the county welfare director.
(B)The county welfare director shall secure from the Department of Justice a criminal record to determine whether the employee has ever been convicted of a crime other than a minor traffic violation. The Department of Justice shall deliver the criminal record to the county welfare director.
(C)If it is found that the employee has been convicted of a crime, other than a minor traffic violation, the county welfare director shall determine whether there is substantial and convincing evidence to support a reasonable belief that the employee is of good character so as to justify frequent and routine contact with children.
(D)No exemption shall be granted pursuant to subparagraph (C) if the person has been convicted of a sex offense against a minor, or has been convicted of an offense specified in Section 220, 243.4, 264.1, 273d, 288, or 289 of the Penal Code, or in paragraph (1) of Section 273a of, or subdivision (a) or (b) of Section 368 of, the Penal Code, or has been convicted of an offense specified in subdivision (c) of Section 667.5 of the Penal Code. The county welfare director shall suspend such a person from any duties involving frequent and routine contact with children.
(E)Notwithstanding subparagraph (D), the county welfare director may grant an exemption if the employee or prospective employee, who was convicted of a crime against an individual specified in paragraph (1) or (7) of subdivision (c) of Section 667.5 of the Penal Code, has been rehabilitated as provided in Section 4852.03 of the Penal Code and has maintained the conduct required in Section 4852.05 of the Penal Code for at least 10 years and has the recommendation of the district attorney representing the employees or prospective employees county of residence, or if the employee or prospective employee has received a certificate of rehabilitation pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code. In that case, the county welfare director may give the employee or prospective employee an opportunity to explain the conviction and shall consider that explanation in the evaluation of the criminal conviction record.
(F)If no criminal record information has been recorded, the county welfare director shall cause a statement of that fact to be included in that persons personnel file.
(2)For purposes of this subdivision, a conviction means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Any action that the county welfare director is permitted to take following the establishment of a conviction may be taken when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, notwithstanding a subsequent order pursuant to Sections 1203.4 and 1203.4a of the Penal Code permitting the person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment. For purposes of this subdivision, the record of a conviction, or a copy thereof certified by the clerk of the court or by a judge of the court in which the conviction occurred, shall be conclusive evidence of the conviction.
SEC. 108.5.Section 16501 of the Welfare and Institutions Code is amended to read:16501.(a)(1)As used in this chapter, child welfare services means public social services that are directed toward the accomplishment of any or all of the following purposes: protecting and promoting the welfare of all children, including disabled, homeless, dependent, or neglected children; preventing or remedying, or assisting in the solution of problems which may result in, the neglect, abuse, exploitation, or delinquency of children; preventing the unnecessary separation of children from their families by identifying family problems, assisting families in resolving their problems, and preventing breakup of the family where the prevention of child removal is desirable and possible; restoring to their families children who have been removed, by the provision of services to the child and the families; identifying children to be placed in suitable adoptive homes, in cases where restoration to the biological family is not possible or appropriate; and ensuring adequate care of children away from their homes, in cases where the child cannot be returned home or cannot be placed for adoption.
(2)Child welfare services also means services provided on behalf of children alleged to be the victims of child abuse, neglect, or exploitation. The child welfare services provided on behalf of each child represent a continuum of services, including emergency response services, family preservation services, family maintenance services, family reunification services, and permanent placement services, including supportive transition services. The individual childs case plan is the guiding principle in the provision of these services. The case plan shall be developed within a maximum of 60 days of the initial removal of the child or of the in-person response required under subdivision (f) if the child has not been removed from his or her home, or by the date of the dispositional hearing pursuant to Section 358, whichever comes first.
(3)Child welfare services are best provided in a framework that integrates service planning and delivery among multiple service systems, including the mental health system, using a team-based approach, such as a child and family team. A child and family team brings together individuals that engage with the child or youth and family in assessing, planning, and delivering services consistent with paragraph (1) of subdivision (d) of Section 16501.1. Use of a team approach increases efficiency, and thus reduces cost, by increasing coordination of formal services and integrating the natural and informal supports available to the child or youth and family.
(4)Child and family team means a group of individuals who are convened by the placing agency and who are engaged through a variety of team-based processes to identify the strengths and needs of the child or youth and his or her family, and to help achieve positive outcomes for safety, permanency, and well-being.
(A)The activities of the team shall include, but not be limited to, both of the following:
(i)Providing input into the development of a child and family plan that is strengths-based, needs-driven, and culturally relevant.
(ii)Providing input into the placement decision made by the placing agency and the services to be provided in order to support the child or youth.
(B) The child and family team process shall engage the child or youth, the childs family, and other people important to the family or to the child or youth in meeting the objectives set forth in subparagraph (A). The child and family team shall also include representatives who provide formal supports to the child or youth and family when appropriate, including, but not limited to, the caregiver, the placing agency caseworker, a representative from a foster family agency or short-term residential treatment center with which a child or youth is placed, a county mental health representative, a representative from the regional center when the child is eligible for regional center service, and a representative of the childs or youths tribe or Indian custodian, as applicable. As appropriate, the child and family team also may include other formal supports, such as substance use disorder treatment professionals and educational professionals, providing services to the child or youth and family. For purposes of this definition, the child and family team also may include extended family and informal support persons, such as friends, coaches, faith-based connections, and tribes as identified by the child or youth and family. If placement into a short-term residential treatment center or a foster family agency that provides treatment services has occurred or is being considered, the mental health representative is required to be a licensed mental health professional. Any party to the childs case who is represented by an attorney may consult with his or her attorney regarding this process. The child or youth and his or her family may request specific persons to be included on the child and family team. Nothing shall preclude another agency serving the child or youth from convening a team in collaboration with the placing agency.
(5)Child welfare services may include, but are not limited to, a range of service-funded activities, including case management, counseling, emergency shelter care, emergency in-home caretakers, temporary in-home caretakers, respite care, therapeutic day services, teaching and demonstrating homemakers, parenting training, substance abuse testing, and transportation. These service-funded activities shall be available to children and their families in all phases of the child welfare program in accordance with the childs case plan and departmental regulations. Funding for services is limited to the amount appropriated in the annual Budget Act and other available county funds.
(6)Service-funded activities to be provided may be determined by each county, based upon individual child and family needs as reflected in the service plan.
(7)As used in this chapter, emergency shelter care means emergency shelter provided to children who have been removed pursuant to Section 300 from their parent or parents or their guardian or guardians. The department may establish, by regulation, the time periods for which emergency shelter care shall be funded. For the purposes of this paragraph, emergency shelter care may include transitional shelter care facilities as defined in paragraph (11) of subdivision (a) of Section 1502 of the Health and Safety Code.
(b)As used in this chapter, respite care means temporary care for periods not to exceed 72 hours, and, in order to preserve the placement, may be extended up to 14 days in any one month pending the development of policies and regulations in consultation with county placing agencies and stakeholders. This care may be provided to the childs parents or guardians. This care shall not be limited by regulation to care over 24 hours. These services shall not be provided for the purpose of routine, ongoing child care.
(c)The county shall provide child welfare services as needed pursuant to an approved service plan and in accordance with regulations promulgated, in consultation with the counties, by the department. Counties may contract for service-funded activities as defined in paragraph (1) of subdivision (a). Counties shall not contract for needs assessment, client eligibility determination, or any other activity as specified by regulations of the State Department of Social Services, except as specifically authorized in Section 16100.
(d)Nothing in this chapter shall be construed to affect duties which are delegated to probation officers pursuant to Sections 601 and 654.
(e)Any county may utilize volunteer individuals to supplement professional child welfare services by providing ancillary support services in accordance with regulations adopted by the State Department of Social Services.
(f)As used in this chapter, emergency response services consist of a response system providing in-person response, 24 hours a day, seven days a week, to reports of abuse, neglect, or exploitation, as required by Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code for the purpose of investigation pursuant to Section 11166 of the Penal Code and to determine the necessity for providing initial intake services and crisis intervention to maintain the child safely in his or her own home or to protect the safety of the child. County welfare departments shall respond to any report of imminent danger to a child immediately and all other reports within 10 calendar days. An in-person response is not required when the county welfare department, based upon an evaluation of risk, determines that an in-person response is not appropriate. This evaluation includes collateral, contacts, a review of previous referrals, and other relevant information, as indicated.
(g)As used in this chapter, family maintenance services are activities designed to provide in-home protective services to prevent or remedy neglect, abuse, or exploitation, for the purposes of preventing separation of children from their families.
(h)As used in this chapter, family reunification services are activities designed to provide time-limited foster care services to prevent or remedy neglect, abuse, or exploitation, when the child cannot safely remain at home, and needs temporary foster care, while services are provided to reunite the family.
(i)(1)As used in this chapter, permanent placement services are activities designed to provide an alternate permanent family structure for children who because of abuse, neglect, or exploitation cannot safely remain at home and who are unlikely to ever return home. These services shall be provided on behalf of children for whom there has been a judicial determination of a permanent plan for adoption, legal guardianship, placement with a fit and willing relative, or continued foster care placement, and, as needed, shall include supportive transition services to nonminor dependents, as described in subdivision (v) of Section 11400.
(2)For purposes of this section, another planned permanent living arrangement means a permanent plan ordered by the court for a child 16 years of age or older or a nonminor dependent, when there is a compelling reason or reasons to determine that it is not in the best interest of the child or nonminor dependent to return home, be placed for adoption, be placed for tribal customary adoption in the case of an Indian child, or be placed with a fit and willing relative. Placement in a group home, or, on and after January 1, 2017, a short-term residential treatment facility, shall not be the identified permanent plan for any child or nonminor dependent.
(j)As used in this chapter, family preservation services include those services specified in Section 16500.5 to avoid or limit out-of-home placement of children, and may include those services specified in that section to place children in the least restrictive environment possible.
(k)(1)(A)In any county electing to implement this subdivision, all county welfare department employees who have frequent and routine contact with children shall, by February 1, 1997, and all welfare department employees who are expected to have frequent and routine contact with children and who are hired on or after January 1, 1996, and all such employees whose duties change after January 1, 1996, to include frequent and routine contact with children, shall, if the employees provide services to children who are alleged victims of abuse, neglect, or exploitation, sign a declaration under penalty of perjury regarding any prior criminal conviction, and shall provide a set of fingerprints to the county welfare director.
(B)The county welfare director shall secure from the Department of Justice a criminal record to determine whether the employee has ever been convicted of a crime other than a minor traffic violation. The Department of Justice shall deliver the criminal record to the county welfare director.
(C)If it is found that the employee has been convicted of a crime, other than a minor traffic violation, the county welfare director shall determine whether there is substantial and convincing evidence to support a reasonable belief that the employee is of good character so as to justify frequent and routine contact with children.
(D)No exemption shall be granted pursuant to subparagraph (C) if the person has been convicted of a sex offense against a minor, or has been convicted of an offense specified in Section 220, 243.4, 264.1, 273d, 288, or 289 of the Penal Code, or in paragraph (1) of Section 273a of, or subdivision (a) or (b) of Section 368 of, the Penal Code, or has been convicted of an offense specified in subdivision (c) of Section 667.5 of the Penal Code. The county welfare director shall suspend such a person from any duties involving frequent and routine contact with children.
(E)Notwithstanding subparagraph (D), the county welfare director may grant an exemption if the employee or prospective employee, who was convicted of a crime against an individual specified in paragraph (1) or (7) of subdivision (c) of Section 667.5 of the Penal Code, has been rehabilitated as provided in Section 4852.03 of the Penal Code and has maintained the conduct required in Section 4852.05 of the Penal Code for at least 10 years and has the recommendation of the district attorney representing the employees or prospective employees county of residence, or if the employee or prospective employee has received a certificate of rehabilitation pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code. In that case, the county welfare director may give the employee or prospective employee an opportunity to explain the conviction and shall consider that explanation in the evaluation of the criminal conviction record.
(F)If no criminal record information has been recorded, the county welfare director shall cause a statement of that fact to be included in that persons personnel file.
(2)For purposes of this subdivision, a conviction means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Any action that the county welfare director is permitted to take following the establishment of a conviction may be taken when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, notwithstanding a subsequent order pursuant to Sections 1203.4 and 1203.4a of the Penal Code permitting the person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment. For purposes of this subdivision, the record of a conviction, or a copy thereof certified by the clerk of the court or by a judge of the court in which the conviction occurred, shall be conclusive evidence of the conviction.
SEC. 109.Section 16501.1 of the Welfare and Institutions Code is amended to read:16501.1.(a)(1)The Legislature finds and declares that the foundation and central unifying tool in child welfare services is the case plan.
(2)The Legislature further finds and declares that a case plan ensures that the child receives protection and safe and proper care and case management, and that services are provided to the child and parents or other caretakers, as appropriate, in order to improve conditions in the parents home, to facilitate the safe return of the child to a safe home or the permanent placement of the child, and to address the needs of the child while in foster care.
(3)The agency shall consider the recommendations of the child and family team, as defined in paragraph (4) of subdivision (a) of Section 16501, if any are available. The agency shall document the rationale for any inconsistencies between the case plan and the child and family team recommendations.
(b)(1)A case plan shall be based upon the principles of this section and the input from the child and family team.
(2)The case plan shall document that a preplacement assessment of the service needs of the child and family, and preplacement preventive services, have been provided, and that reasonable efforts to prevent out-of-home placement have been made. Preplacement services may include intensive mental health services in the home or a community setting and the reasonable efforts made to prevent out-of home placement.
(3)In determining the reasonable services to be offered or provided, the childs health and safety shall be the paramount concerns.
(4)Upon a determination pursuant to paragraph (1) of subdivision (e) of Section 361.5 that reasonable services will be offered to a parent who is incarcerated in a county jail or state prison, detained by the United States Department of Homeland Security, or deported to his or her country of origin, the case plan shall include information, to the extent possible, about a parents incarceration in a county jail or the state prison, detention by the United States Department of Homeland Security, or deportation during the time that a minor child of that parent is involved in dependency care.
(5)Reasonable services shall be offered or provided to make it possible for a child to return to a safe home environment, unless, pursuant to subdivisions (b) and (e) of Section 361.5, the court determines that reunification services shall not be provided.
(6)If reasonable services are not ordered, or are terminated, reasonable efforts shall be made to place the child in a timely manner in accordance with the permanent plan and to complete all steps necessary to finalize the permanent placement of the child.
(c)If out-of-home placement is used to attain case plan goals, the case plan shall consider the recommendations of the child and family team.
(d)(1)The case plan shall include a description of the type of home or institution in which the child is to be placed, and the reasons for that placement decision. The decision regarding choice of placement shall be based upon selection of a safe setting that is the least restrictive family setting that promotes normal childhood experiences and the most appropriate setting that meets the childs individual needs and is available, in proximity to the parents home, in proximity to the childs school, and consistent with the selection of the environment best suited to meet the childs special needs and best interests. The selection shall consider, in order of priority, placement with relatives, nonrelated extended family members, and tribal members; foster family homes, resource families, and nontreatment certified homes of foster family agencies; followed by treatment and intensive treatment certified homes of foster family agencies; or multidimensional treatment foster care homes or therapeutic foster care homes; group care placements in the order of short-term residential treatment centers, group homes, community treatment facilities, and out-of-state residential treatment pursuant to Part 5 (commencing with Section 7900) of Division 12 of the Family Code.
(2)If a short-term intensive treatment center placement is selected for a child, the case plan shall indicate the needs of the child that necessitate this placement, the plan for transitioning the child to a less restrictive environment, and the projected timeline by which the child will be transitioned to a less restrictive environment. This section of the case plan shall be reviewed and updated at least semiannually.
(A)The case plan for placements in a group home, or commencing January 1, 2017, in a short-term residential treatment center, shall indicate that the county has taken into consideration Section 16010.8.
(B)After January 1, 2017, a child and family team meeting as defined in Section 16501 shall be convened by the county placing agency for the purpose of identifying the supports and services needed to achieve permanency and enable the child or youth to be placed in the least restrictive family setting that promotes normal childhood experiences.
(3)On or after January 1, 2012, for a nonminor dependent, as defined in subdivision (v) of Section 11400, who is receiving AFDC-FC benefits up to 21 years of age pursuant to Section 11403, in addition to the above requirements, the selection of the placement, including a supervised independent living placement, as described in subdivision (w) of Section 11400, shall also be based upon the developmental needs of young adults by providing opportunities to have incremental responsibilities that prepare a nonminor dependent to transition to independent living. If admission to, or continuation in, a group home or short-term residential treatment center placement is being considered for a nonminor dependent, the group home or short-term residential treatment center placement approval decision shall include a youth-driven, team-based case planning process, as defined by the department, in consultation with stakeholders. The case plan shall consider the full range of placement options, and shall specify why admission to, or continuation in, a group home placement is the best alternative available at the time to meet the special needs or well-being of the nonminor dependent, and how the placement will contribute to the nonminor dependents transition to independent living. The case plan shall specify the treatment strategies that will be used to prepare the nonminor dependent for discharge to a less restrictive family setting that promotes normal childhood experiences, including a target date for discharge from the group home placement. The placement shall be reviewed and updated on a regular, periodic basis to ensure that continuation in the group home placement remains in the best interests of the nonminor dependent and that progress is being made in achieving case plan goals leading to independent living. The group home placement planning process shall begin as soon as it becomes clear to the county welfare department or probation office that a foster child in group home placement is likely to remain in group home placement on his or her 18th birthday, in order to expedite the transition to a less restrictive family setting that promotes normal childhood experiences, if he or she becomes a nonminor dependent. The case planning process shall include informing the youth of all of his or her options, including, but not limited to, admission to or continuation in a group home placement. Consideration for continuation of existing group home placement for a nonminor dependent under 19 years of age may include the need to stay in the same placement in order to complete high school. After a nonminor dependent either completes high school or attains his or her 19th birthday, whichever is earlier, continuation in or admission to a group home placement is prohibited unless the nonminor dependent satisfies the conditions of paragraph (5) of subdivision (b) of Section 11403, and group home placement functions as a short-term transition to the appropriate system of care. Treatment services provided by the group home placement to the nonminor dependent to alleviate or ameliorate the medical condition, as described in paragraph (5) of subdivision (b) of Section 11403, shall not constitute the sole basis to disqualify a nonminor dependent from the group home placement.
(4)In addition to the requirements of paragraphs (1) to (3), inclusive, and taking into account other statutory considerations regarding placement, the selection of the most appropriate home that will meet the childs special needs and best interests shall also promote educational stability by taking into consideration proximity to the childs school of origin, and school attendance area, the number of school transfers the child has previously experienced, and the childs school matriculation schedule, in addition to other indicators of educational stability that the Legislature hereby encourages the State Department of Social Services and the State Department of Education to develop.
(e)A written case plan shall be completed within a maximum of 60 days of the initial removal of the child or of the in-person response required under subdivision (f) of Section 16501 if the child has not been removed from his or her home, or by the date of the dispositional hearing pursuant to Section 358, whichever occurs first. The case plan shall be updated, as the service needs of the child and family dictate. At a minimum, the case plan shall be updated in conjunction with each status review hearing conducted pursuant to Sections 364, 366, 366.3, and 366.31, and the hearing conducted pursuant to Section 366.26, but no less frequently than once every six months. Each updated case plan shall include a description of the services that have been provided to the child under the plan and an evaluation of the appropriateness and effectiveness of those services.
(1)It is the intent of the Legislature that extending the maximum time available for preparing a written case plan from 30 to 60 days will afford caseworkers time to actively engage families, and to solicit and integrate into the case plan the input of the child and the childs family, as well as the input of relatives and other interested parties.
(2)The extension of the maximum time available for preparing a written case plan from the 30 to 60 days shall be effective 90 days after the date that the department gives counties written notice that necessary changes have been made to the Child Welfare Services Case Management System to account for the 60-day timeframe for preparing a written case plan.
(f)The child welfare services case plan shall be comprehensive enough to meet the juvenile court dependency proceedings requirements pursuant to Article 6 (commencing with Section 300) of Chapter 2 of Part 1 of Division 2.
(g)The case plan shall be developed considering the recommendations of the child and family team, as follows:
(1)The case plan shall be based upon an assessment of the circumstances that required child welfare services intervention. The child shall be involved in developing the case plan as age and developmentally appropriate.
(2)The case plan shall identify specific goals and the appropriateness of the planned services in meeting those goals.
(3)The case plan shall identify the original allegations of abuse or neglect, as defined in Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the conditions cited as the basis for declaring the child a dependent of the court pursuant to Section 300, or all of these, and the other precipitating incidents that led to child welfare services intervention.
(4)The case plan shall include a description of the schedule of the placement agency contacts with the child and the family or other caretakers. The frequency of these contacts shall be in accordance with regulations adopted by the State Department of Social Services. If the child has been placed in foster care out of state, the county social worker or probation officer, or a social worker or probation officer on the staff of the agency in the state in which the child has been placed, shall visit the child in a foster family home or the home of a relative, consistent with federal law and in accordance with the departments approved state plan. For children in out-of-state group home facilities, visits shall be conducted at least monthly, pursuant to Section 16516.5. At least once every six months, at the time of a regularly scheduled placement agency contact with the foster child, the childs social worker or probation officer shall inform the child of his or her rights as a foster child, as specified in Section 16001.9. The social worker or probation officer shall provide the information to the child in a manner appropriate to the age or developmental level of the child.
(5)(A)When out-of-home services are used, the frequency of contact between the natural parents or legal guardians and the child shall be specified in the case plan. The frequency of those contacts shall reflect overall case goals, and consider other principles outlined in this section.
(B)Information regarding any court-ordered visitation between the child and the natural parents or legal guardians, and the terms and conditions needed to facilitate the visits while protecting the safety of the child, shall be provided to the childs out-of-home caregiver as soon as possible after the court order is made.
(6)When out-of-home placement is made, the case plan shall include provisions for the development and maintenance of sibling relationships as specified in subdivisions (b), (c), and (d) of Section 16002. If appropriate, when siblings who are dependents of the juvenile court are not placed together, the social worker for each child, if different, shall communicate with each of the other social workers and ensure that the childs siblings are informed of significant life events that occur within their extended family. Unless it has been determined that it is inappropriate in a particular case to keep siblings informed of significant life events that occur within the extended family, the social worker shall determine the appropriate means and setting for disclosure of this information to the child commensurate with the childs age and emotional well-being. These significant life events shall include, but shall not be limited to, the following:
(A)The death of an immediate relative.
(B)The birth of a sibling.
(C)Significant changes regarding a dependent child, unless the child objects to the sharing of the information with his or her siblings, including changes in placement, major medical or mental health diagnoses, treatments, or hospitalizations, arrests, and changes in the permanent plan.
(7)If out-of-home placement is made in a foster family home, group home, or other child care institution that is either a substantial distance from the home of the childs parent or out of state, the case plan shall specify the reasons why that placement is in the best interest of the child. When an out-of-state group home placement is recommended or made, the case plan shall, in addition, specify compliance with Section 7911.1 of the Family Code.
(8)A case plan shall ensure the educational stability of the child while in foster care and shall include both of the following:
(A)An assurance that the placement takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement.
(B)An assurance that the placement agency has coordinated with the person holding the right to make educational decisions for the child and appropriate local educational agencies to ensure that the child remains in the school in which the child is enrolled at the time of placement or, if remaining in that school is not in the best interests of the child, assurances by the placement agency and the local educational agency to provide immediate and appropriate enrollment in a new school and to provide all of the childs educational records to the new school.
(9)(A)If out-of-home services are used, or if parental rights have been terminated and the case plan is placement for adoption, the case plan shall include a recommendation regarding the appropriateness of unsupervised visitation between the child and any of the childs siblings. This recommendation shall include a statement regarding the childs and the siblings willingness to participate in unsupervised visitation. If the case plan includes a recommendation for unsupervised sibling visitation, the plan shall also note that information necessary to accomplish this visitation has been provided to the child or to the childs siblings.
(B)Information regarding the schedule and frequency of the visits between the child and siblings, as well as any court-ordered terms and conditions needed to facilitate the visits while protecting the safety of the child, shall be provided to the childs out-of-home caregiver as soon as possible after the court order is made.
(10)If out-of-home services are used and the goal is reunification, the case plan shall describe the services to be provided to assist in reunification and the services to be provided concurrently to achieve legal permanency if efforts to reunify fail. The plan shall also consider in-state and out-of-state placements, the importance of developing and maintaining sibling relationships pursuant to Section 16002, and the desire and willingness of the caregiver to provide legal permanency for the child if reunification is unsuccessful.
(11)If out-of-home services are used, the child has been in care for at least 12 months, and the goal is not adoptive placement, the case plan shall include documentation of the compelling reason or reasons why termination of parental rights is not in the childs best interest. A determination completed or updated within the past 12 months by the department when it is acting as an adoption agency or by a licensed adoption agency that it is unlikely that the child will be adopted, or that one of the conditions described in paragraph (1) of subdivision (c) of Section 366.26 applies, shall be deemed a compelling reason.
(12)(A)Parents and legal guardians shall have an opportunity to review the case plan, and to sign it whenever possible, and then shall receive a copy of the plan. In a voluntary service or placement agreement, the parents or legal guardians shall be required to review and sign the case plan. Whenever possible, parents and legal guardians shall participate in the development of the case plan. Commencing January 1, 2012, for nonminor dependents, as defined in subdivision (v) of Section 11400, who are receiving AFDC-FC or CalWORKs assistance up to 21 years of age pursuant to Section 11403, the transitional independent living case plan, as set forth in subdivision (y) of Section 11400, shall be developed with, and signed by, the nonminor.
(B)Parents and legal guardians shall be advised that, pursuant to Section 1228.1 of the Evidence Code, neither their signature on the child welfare services case plan nor their acceptance of any services prescribed in the child welfare services case plan shall constitute an admission of guilt or be used as evidence against the parent or legal guardian in a court of law. However, they shall also be advised that the parents or guardians failure to cooperate, except for good cause, in the provision of services specified in the child welfare services case plan may be used in any hearing held pursuant to Section 366.21, 366.22, or 366.25 as evidence.
(13)A child shall be given a meaningful opportunity to participate in the development of the case plan and state his or her preference for foster care placement. A child who is 12 years of age or older and in a permanent placement shall also be given the opportunity to review the case plan, sign the case plan, and receive a copy of the case plan.
(14)The case plan shall be included in the court report and shall be considered by the court at the initial hearing and each review hearing. Modifications to the case plan made during the period between review hearings need not be approved by the court if the casework supervisor for that case determines that the modifications further the goals of the plan. If out-of-home services are used with the goal of family reunification, the case plan shall consider and describe the application of subdivision (b) of Section 11203.
(15)If the case plan has as its goal for the child a permanent plan of adoption or placement in another permanent home, it shall include a statement of the childs wishes regarding their permanent placement plan and an assessment of those stated wishes. The agency shall also include documentation of the steps the agency is taking to find an adoptive family or other permanent living arrangements for the child; to place the child with an adoptive family, an appropriate and willing relative, a legal guardian, or in another planned permanent living arrangement; and to finalize the adoption or legal guardianship. At a minimum, the documentation shall include child-specific recruitment efforts, such as the use of state, regional, and national adoption exchanges, including electronic exchange systems, when the child has been freed for adoption. If the plan is for kinship guardianship, the case plan shall document how the child meets the kinship guardianship eligibility requirements.
(16)(A)When appropriate, for a child who is 16 years of age or older and, commencing January 1, 2012, for a nonminor dependent, the case plan shall include the transitional independent living plan (TILP), a written description of the programs and services that will help the child, consistent with the childs best interests, to prepare for the transition from foster care to independent living, and, in addition, whether the youth has an in-progress application pending for Title XVI Supplemental Security Income benefits or for Special Immigrant Juvenile Status or other applicable application for legal residency and an active dependency case is required for that application. When appropriate, for a nonminor dependent, the transitional independent living case plan, as described in subdivision (v) of Section 11400, shall include the TILP, a written description of the programs and services that will help the nonminor dependent, consistent with his or her best interests, to prepare for transition from foster care and assist the youth in meeting the eligibility criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) Section 11403. If applicable, the case plan shall describe the individualized supervision provided in the supervised independent living placement as defined in subdivision (w) of Section 11400. The case plan shall be developed with the child or nonminor dependent and individuals identified as important to the child or nonminor dependent, and shall include steps the agency is taking to ensure that the child or nonminor dependent achieves permanence, including maintaining or obtaining permanent connections to caring and committed adults.
(B)During the 90-day period prior to the participant attaining 18 years of age or older as the state may elect under Section 475(8)(B)(iii) of the federal Social Security Act (42 U.S.C. Sec. 675(8)(B)(iii)), whether during that period foster care maintenance payments are being made on the childs behalf or the child is receiving benefits or services under Section 477 of the federal Social Security Act (42 U.S.C. Sec. 677), a caseworker or other appropriate agency staff or probation officer and other representatives of the participant, as appropriate, shall provide the youth or nonminor dependent with assistance and support in developing the written 90-day transition plan, that is personalized at the direction of the child, information as detailed as the participant elects that shall include, but not be limited to, options regarding housing, health insurance, education, local opportunities for mentors and continuing support services, and workforce supports and employment services, a power of attorney for health care, and information regarding the advance health care directive form.
(C)For youth 16 years of age or older, the case plan shall include documentation that a consumer credit report was requested annually from each of the three major credit reporting agencies at no charge to the youth and that any results were provided to the youth. For nonminor dependents, the case plan shall include documentation that the county assisted the nonminor dependent in obtaining his or her reports. The case plan shall include documentation of barriers, if any, to obtaining the credit reports. If the consumer credit report reveals any accounts, the case plan shall detail how the county ensured the youth received assistance with interpreting the credit report and resolving any inaccuracies, including any referrals made for the assistance.
(h)If the court finds, after considering the case plan, that unsupervised sibling visitation is appropriate and has been consented to, the court shall order that the child or the childs siblings, the childs current caregiver, and the childs prospective adoptive parents, if applicable, be provided with information necessary to accomplish this visitation. This section does not require or prohibit the social workers facilitation, transportation, or supervision of visits between the child and his or her siblings.
(i)The case plan documentation on sibling placements required under this section shall not require modification of existing case plan forms until the Child Welfare Services Case Management System is implemented on a statewide basis.
(j)When a child is 10 years of age or older and has been in out-of-home placement for six months or longer, the case plan shall include an identification of individuals, other than the childs siblings, who are important to the child and actions necessary to maintain the childs relationship with those individuals, provided that those relationships are in the best interest of the child. The social worker or probation officer shall ask every child who is 10 years of age or older and who has been in out-of-home placement for six months or longer to identify individuals other than the childs siblings who are important to the child, and may ask any other child to provide that information, or may seek that information from the child and family team, as appropriate. The social worker or probation officer shall make efforts to identify other individuals who are important to the child, consistent with the childs best interests.
(k)The childs caregiver shall be provided a copy of a plan outlining the childs needs and services. The nonminor dependents caregiver shall be provided with a copy of the nonminors TILP.
(l)On or before June 30, 2008, the department, in consultation with the County Welfare Directors Association of California and other advocates, shall develop a comprehensive plan to ensure that 90 percent of foster children are visited by their caseworkers on a monthly basis by October 1, 2011, and that the majority of the visits occur in the residence of the child. The plan shall include any data reporting requirements necessary to comply with the provisions of the federal Child and Family Services Improvement Act of 2006 (Public Law 109-288).
(m)The implementation and operation of the amendments to subdivision (i) enacted at the 200506 Regular Session shall be subject to appropriation through the budget process and by phase, as provided in Section 366.35.
SEC. 109.5.Section 16501.1 of the Welfare and Institutions Code is amended to read:16501.1.(a)(1)The Legislature finds and declares that the foundation and central unifying tool in child welfare services is the case plan.
(2)The Legislature further finds and declares that a case plan ensures that the child receives protection and safe and proper care and case management, and that services are provided to the child and parents or other caretakers, as appropriate, in order to improve conditions in the parents home, to facilitate the safe return of the child to a safe home or the permanent placement of the child, and to address the needs of the child while in foster care.
(3)The agency shall consider the recommendations of the child and family team, as defined in paragraph (4) of subdivision (a) of Section 16501, if any are available. The agency shall document the rationale for any inconsistencies between the case plan and the child and family team recommendations.
(b)(1)A case plan shall be based upon the principles of this section and the input from the child and family team.
(2)The case plan shall document that a preplacement assessment of the service needs of the child and family, and preplacement preventive services, have been provided, and that reasonable efforts to prevent out-of-home placement have been made. Preplacement services may include intensive mental health services in the home or a community setting and the reasonable efforts made to prevent out-of-home placement.
(3)In determining the reasonable services to be offered or provided, the childs health and safety shall be the paramount concerns.
(4)Upon a determination pursuant to paragraph (1) of subdivision (e) of Section 361.5 that reasonable services will be offered to a parent who is incarcerated in a county jail or state prison, detained by the United States Department of Homeland Security, or deported to his or her country of origin, the case plan shall include information, to the extent possible, about a parents incarceration in a county jail or the state prison, detention by the United States Department of Homeland Security, or deportation during the time that a minor child of that parent is involved in dependency care.
(5)Reasonable services shall be offered or provided to make it possible for a child to return to a safe home environment, unless, pursuant to subdivisions (b) and (e) of Section 361.5, the court determines that reunification services shall not be provided.
(6)If reasonable services are not ordered, or are terminated, reasonable efforts shall be made to place the child in a timely manner in accordance with the permanent plan and to complete all steps necessary to finalize the permanent placement of the child.
(c)If out-of-home placement is used to attain case plan goals, the case plan shall consider the recommendations of the child and family team.
(d)(1)The case plan shall include a description of the type of home or institution in which the child is to be placed, and the reasons for that placement decision. The decision regarding choice of placement shall be based upon selection of a safe setting that is the least restrictive family setting that promotes normal childhood experiences and the most appropriate setting that meets the childs individual needs and is available, in proximity to the parents home, in proximity to the childs school, and consistent with the selection of the environment best suited to meet the childs special needs and best interests. The selection shall consider, in order of priority, placement with relatives, nonrelated extended family members, and tribal members; foster family homes, resource families, and nontreatment certified homes of foster family agencies; followed by treatment and intensive treatment certified homes of foster family agencies; or multidimensional treatment foster care homes or therapeutic foster care homes; group care placements in the order of short-term residential treatment centers, group homes, community treatment facilities, and out-of-state residential treatment pursuant to Part 5 (commencing with Section 7900) of Division 12 of the Family Code.
(2)If a short-term intensive treatment center placement is selected for a child, the case plan shall indicate the needs of the child that necessitate this placement, the plan for transitioning the child to a less restrictive environment, and the projected timeline by which the child will be transitioned to a less restrictive environment. This section of the case plan shall be reviewed and updated at least semiannually.
(A)The case plan for placements in a group home, or commencing January 1, 2017, in a short-term residential treatment center, shall indicate that the county has taken into consideration Section 16010.8.
(B)After January 1, 2017, a child and family team meeting as defined in Section 16501 shall be convened by the county placing agency for the purpose of identifying the supports and services needed to achieve permanency and enable the child or youth to be placed in the least restrictive family setting that promotes normal childhood experiences.
(3)On or after January 1, 2012, for a nonminor dependent, as defined in subdivision (v) of Section 11400, who is receiving AFDC-FC benefits up to 21 years of age pursuant to Section 11403, in addition to the above requirements, the selection of the placement, including a supervised independent living placement, as described in subdivision (w) of Section 11400, shall also be based upon the developmental needs of young adults by providing opportunities to have incremental responsibilities that prepare a nonminor dependent to transition to successful adulthood. If admission to, or continuation in, a group home or short-term residential treatment center placement is being considered for a nonminor dependent, the group home or short-term residential treatment center placement approval decision shall include a youth-driven, team-based case planning process, as defined by the department, in consultation with stakeholders. The case plan shall consider the full range of placement options, and shall specify why admission to, or continuation in, a group home placement is the best alternative available at the time to meet the special needs or well-being of the nonminor dependent, and how the placement will contribute to the nonminor dependents transition to successful adulthood. The case plan shall specify the treatment strategies that will be used to prepare the nonminor dependent for discharge to a less restrictive family setting that promotes normal childhood experiences, including a target date for discharge from the group home placement. The placement shall be reviewed and updated on a regular, periodic basis to ensure that continuation in the group home placement remains in the best interests of the nonminor dependent and that progress is being made in achieving case plan goals leading to successful adulthood. The group home placement planning process shall begin as soon as it becomes clear to the county welfare department or probation office that a foster child in group home placement is likely to remain in group home placement on his or her 18th birthday, in order to expedite the transition to a less restrictive family setting that promotes normal childhood experiences, if he or she becomes a nonminor dependent. The case planning process shall include informing the youth of all of his or her options, including, but not limited to, admission to or continuation in a group home placement. Consideration for continuation of existing group home placement for a nonminor dependent under 19 years of age may include the need to stay in the same placement in order to complete high school. After a nonminor dependent either completes high school or attains his or her 19th birthday, whichever is earlier, continuation in or admission to a group home placement is prohibited unless the nonminor dependent satisfies the conditions of paragraph (5) of subdivision (b) of Section 11403, and group home placement functions as a short-term transition to the appropriate system of care. Treatment services provided by the group home placement to the nonminor dependent to alleviate or ameliorate the medical condition, as described in paragraph (5) of subdivision (b) of Section 11403, shall not constitute the sole basis to disqualify a nonminor dependent from the group home placement.
(4)In addition to the requirements of paragraphs (1) to (3), inclusive, and taking into account other statutory considerations regarding placement, the selection of the most appropriate home that will meet the childs special needs and best interests shall also promote educational stability by taking into consideration proximity to the childs school of origin, and school attendance area, the number of school transfers the child has previously experienced, and the childs school matriculation schedule, in addition to other indicators of educational stability that the Legislature hereby encourages the State Department of Social Services and the State Department of Education to develop.
(e)A written case plan shall be completed within a maximum of 60 days of the initial removal of the child or of the in-person response required under subdivision (f) of Section 16501 if the child has not been removed from his or her home, or by the date of the dispositional hearing pursuant to Section 358, whichever occurs first. The case plan shall be updated, as the service needs of the child and family dictate. At a minimum, the case plan shall be updated in conjunction with each status review hearing conducted pursuant to Sections 364, 366, 366.3, and 366.31, and the hearing conducted pursuant to Section 366.26, but no less frequently than once every six months. Each updated case plan shall include a description of the services that have been provided to the child under the plan and an evaluation of the appropriateness and effectiveness of those services.
(1)It is the intent of the Legislature that extending the maximum time available for preparing a written case plan from 30 to 60 days will afford caseworkers time to actively engage families, and to solicit and integrate into the case plan the input of the child and the childs family, as well as the input of relatives and other interested parties.
(2)The extension of the maximum time available for preparing a written case plan from the 30 to 60 days shall be effective 90 days after the date that the department gives counties written notice that necessary changes have been made to the Child Welfare Services/Case Management System (CWS/CMS) to account for the 60-day timeframe for preparing a written case plan.
(f)The child welfare services case plan shall be comprehensive enough to meet the juvenile court dependency proceedings requirements pursuant to Article 6 (commencing with Section 300) of Chapter 2 of Part 1 of Division 2.
(g)The case plan shall be developed considering the recommendations of the child and family team, as follows:
(1)The case plan shall be based upon an assessment of the circumstances that required child welfare services intervention. The child shall be involved in developing the case plan as age and developmentally appropriate.
(2)The case plan shall identify specific goals and the appropriateness of the planned services in meeting those goals.
(3)The case plan shall identify the original allegations of abuse or neglect, as defined in Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the conditions cited as the basis for declaring the child a dependent of the court pursuant to Section 300, or all of these, and the other precipitating incidents that led to child welfare services intervention.
(4)The case plan shall include a description of the schedule of the placement agency contacts with the child and the family or other caretakers. The frequency of these contacts shall be in accordance with regulations adopted by the State Department of Social Services. If the child has been placed in foster care out of state, the county social worker or probation officer, or a social worker or probation officer on the staff of the agency in the state in which the child has been placed, shall visit the child in a foster family home or the home of a relative, consistent with federal law and in accordance with the departments approved state plan. For children in out-of-state group home facilities, visits shall be conducted at least monthly, pursuant to Section 16516.5. At least once every six months, at the time of a regularly scheduled placement agency contact with the foster child, the childs social worker or probation officer shall inform the child of his or her rights as a foster child, as specified in Section 16001.9. The social worker or probation officer shall provide the information to the child in a manner appropriate to the age or developmental level of the child.
(5)(A)When out-of-home services are used, the frequency of contact between the natural parents or legal guardians and the child shall be specified in the case plan. The frequency of those contacts shall reflect overall case goals, and consider other principles outlined in this section.
(B)Information regarding any court-ordered visitation between the child and the natural parents or legal guardians, and the terms and conditions needed to facilitate the visits while protecting the safety of the child, shall be provided to the childs out-of-home caregiver as soon as possible after the court order is made.
(6)When out-of-home placement is made, the case plan shall include provisions for the development and maintenance of sibling relationships as specified in subdivisions (b), (c), and (d) of Section 16002. If appropriate, when siblings who are dependents of the juvenile court are not placed together, the social worker for each child, if different, shall communicate with each of the other social workers and ensure that the childs siblings are informed of significant life events that occur within their extended family. Unless it has been determined that it is inappropriate in a particular case to keep siblings informed of significant life events that occur within the extended family, the social worker shall determine the appropriate means and setting for disclosure of this information to the child commensurate with the childs age and emotional well-being. These significant life events shall include, but shall not be limited to, the following:
(A)The death of an immediate relative.
(B)The birth of a sibling.
(C)Significant changes regarding a dependent child, unless the child objects to the sharing of the information with his or her siblings, including changes in placement, major medical or mental health diagnoses, treatments, or hospitalizations, arrests, and changes in the permanent plan.
(7)If out-of-home placement is made in a foster family home, group home, or other child care institution that is either a substantial distance from the home of the childs parent or out of state, the case plan shall specify the reasons why that placement is in the best interest of the child. When an out-of-state group home placement is recommended or made, the case plan shall, in addition, specify compliance with Section 7911.1 of the Family Code.
(8)A case plan shall ensure the educational stability of the child while in foster care and shall include both of the following:
(A)An assurance that the placement takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement.
(B)An assurance that the placement agency has coordinated with the person holding the right to make educational decisions for the child and appropriate local educational agencies to ensure that the child remains in the school in which the child is enrolled at the time of placement or, if remaining in that school is not in the best interests of the child, assurances by the placement agency and the local educational agency to provide immediate and appropriate enrollment in a new school and to provide all of the childs educational records to the new school.
(9)(A)If out-of-home services are used, or if parental rights have been terminated and the case plan is placement for adoption, the case plan shall include a recommendation regarding the appropriateness of unsupervised visitation between the child and any of the childs siblings. This recommendation shall include a statement regarding the childs and the siblings willingness to participate in unsupervised visitation. If the case plan includes a recommendation for unsupervised sibling visitation, the plan shall also note that information necessary to accomplish this visitation has been provided to the child or to the childs siblings.
(B)Information regarding the schedule and frequency of the visits between the child and siblings, as well as any court-ordered terms and conditions needed to facilitate the visits while protecting the safety of the child, shall be provided to the childs out-of-home caregiver as soon as possible after the court order is made.
(10)If out-of-home services are used and the goal is reunification, the case plan shall describe the services to be provided to assist in reunification and the services to be provided concurrently to achieve legal permanency if efforts to reunify fail. The plan shall also consider in-state and out-of-state placements, the importance of developing and maintaining sibling relationships pursuant to Section 16002, and the desire and willingness of the caregiver to provide legal permanency for the child if reunification is unsuccessful.
(11)If out-of-home services are used, the child has been in care for at least 12 months, and the goal is not adoptive placement, the case plan shall include documentation of the compelling reason or reasons why termination of parental rights is not in the childs best interest. A determination completed or updated within the past 12 months by the department when it is acting as an adoption agency or by a licensed adoption agency that it is unlikely that the child will be adopted, or that one of the conditions described in paragraph (1) of subdivision (c) of Section 366.26 applies, shall be deemed a compelling reason.
(12)(A)Parents and legal guardians shall have an opportunity to review the case plan, and to sign it whenever possible, and then shall receive a copy of the plan. In a voluntary service or placement agreement, the parents or legal guardians shall be required to review and sign the case plan. Whenever possible, parents and legal guardians shall participate in the development of the case plan. Commencing January 1, 2012, for nonminor dependents, as defined in subdivision (v) of Section 11400, who are receiving AFDC-FC or CalWORKs assistance up to 21 years of age pursuant to Section 11403, the transitional independent living case plan, as set forth in subdivision (y) of Section 11400, shall be developed with, and signed by, the nonminor.
(B)Parents and legal guardians shall be advised that, pursuant to Section 1228.1 of the Evidence Code, neither their signature on the child welfare services case plan nor their acceptance of any services prescribed in the child welfare services case plan shall constitute an admission of guilt or be used as evidence against the parent or legal guardian in a court of law. However, they shall also be advised that the parents or guardians failure to cooperate, except for good cause, in the provision of services specified in the child welfare services case plan may be used in any hearing held pursuant to Section 366.21, 366.22, or 366.25 of this code as evidence.
(13)A child shall be given a meaningful opportunity to participate in the development of the case plan and state his or her preference for foster care placement. A child who is 12 years of age or older and in a permanent placement shall also be given the opportunity to review the case plan, sign the case plan, and receive a copy of the case plan.
(14)The case plan shall be included in the court report and shall be considered by the court at the initial hearing and each review hearing. Modifications to the case plan made during the period between review hearings need not be approved by the court if the casework supervisor for that case determines that the modifications further the goals of the plan. If out-of-home services are used with the goal of family reunification, the case plan shall consider and describe the application of subdivision (b) of Section 11203.
(15)(A)If the case plan has as its goal for the child a permanent plan of adoption or legal guardianship, it shall include a statement of the childs wishes regarding their permanent placement plan and an assessment of those stated wishes. The agency shall also include documentation of the steps the agency is taking to find an adoptive family or other permanent living arrangements for the child; to place the child with an adoptive family, an appropriate and willing relative, or a legal guardian, and to finalize the adoption or legal guardianship. At a minimum, the documentation shall include child-specific recruitment efforts, such as the use of state, regional, and national adoption exchanges, including electronic exchange systems, when the child has been freed for adoption. Regardless of whether the child has been freed for adoption, documentation shall include a description of any barriers to achieving legal permanence and the steps the agency will take to address those barriers. If the plan is for kinship guardianship, the case plan shall document how the child meets the kinship guardianship eligibility requirements.
(B)When the child is 16 years of age or older and is in another planned permanent living arrangement, the case plan shall identify the intensive and ongoing efforts to return the child to the home of the parent, place the child for adoption, place the child for tribal customary adoption in the case of an Indian child, establish a legal guardianship, or place the child nonminor dependent with a fit and willing relative, as appropriate. Efforts shall include the use of technology, including social media, to find biological family members of the child.
(16)(A)(i)For a child who is 14 or 15 years of age, the case plan shall include a written description of the programs and services that will help the child, consistent with the childs best interests, to prepare for the transition from foster care to successful adulthood. The description may be included in the document described in subparagraph (A) of paragraph (18).
(ii)When appropriate, for a child who is 16 years of age or older and, commencing January 1, 2012, for a nonminor dependent, the case plan shall include the transitional independent living plan (TILP), a written description of the programs and services that will help the child, consistent with the childs best interests, to prepare for the transition from foster care to successful adulthood, and, in addition, whether the youth has an in-progress application pending for Title XVI Supplemental Security Income benefits or for Special Immigrant Juvenile Status or other applicable application for legal residency and an active dependency case is required for that application. When appropriate, for a nonminor dependent, the transitional independent living case plan, as described in subdivision (v) of Section 11400, shall include the TILP, a written description of the programs and services that will help the nonminor dependent, consistent with his or her best interests, to prepare for transition from foster care and assist the youth in meeting the eligibility criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403. If applicable, the case plan shall describe the individualized supervision provided in the supervised independent living placement as defined in subdivision (w) of Section 11400. The case plan shall be developed with the child or nonminor dependent and individuals identified as important to the child or nonminor dependent, and shall include steps the agency is taking to ensure that the child or nonminor dependent achieves permanence, including maintaining or obtaining permanent connections to caring and committed adults.
(B)During the 90-day period prior to the participant attaining 18 years of age or older as the state may elect under Section 475(8)(B)(iii) of the federal Social Security Act (42 U.S.C. Sec. 675(8)(B)(iii)), whether during that period foster care maintenance payments are being made on the childs behalf or the child is receiving benefits or services under Section 477 of the federal Social Security Act (42 U.S.C. Sec. 677), a caseworker or other appropriate agency staff or probation officer and other representatives of the participant, as appropriate, shall provide the youth or nonminor dependent with assistance and support in developing the written 90-day transition plan, that is personalized at the direction of the child, information as detailed as the participant elects that shall include, but not be limited to, options regarding housing, health insurance, education, local opportunities for mentors and continuing support services, and workforce supports and employment services, a power of attorney for health care, and information regarding the advance health care directive form.
(C)For youth 14 years of age or older, the case plan shall include documentation that a consumer credit report was requested annually from each of the three major credit reporting agencies at no charge to the youth and that any results were provided to the youth. For nonminor dependents, the case plan shall include documentation that the county assisted the nonminor dependent in obtaining his or her reports. The case plan shall include documentation of barriers, if any, to obtaining the credit reports. If the consumer credit report reveals any accounts, the case plan shall detail how the county ensured the youth received assistance with interpreting the credit report and resolving any inaccuracies, including any referrals made for the assistance.
(17)For youth 14 years of age or older and nonminor dependents, the case plan shall be developed in consultation with the youth. At the youths option, the consultation may include up to two members of the case planning team who are chosen by the youth and who are not foster parents of, or caseworkers for, the youth. The agency, at any time, may reject an individual selected by the youth to be a member of the case planning team if the agency has good cause to believe that the individual would not act in the youths best interest. One individual selected by the youth to be a member of the case planning team may be designated to be the youths adviser and advocate with respect to the application of the reasonable and prudent parent standard to the youth, as necessary.
(18)For youth in foster care 14 years of age and older and nonminor dependents, the case plan shall include both of the following:
(A)A document that describes the youths rights with respect to education, health, visitation, and court participation, the right to be annually provided with copies of his or her credit reports at no cost while in foster care pursuant to Section 10618.6, and the right to stay safe and avoid exploitation.
(B)A signed acknowledgment by the youth that he or she has been provided a copy of the document and that the rights described in the document have been explained to the youth in an age-appropriate manner.
(19)The case plan for a child or nonminor dependent who is, or who is at risk of becoming, the victim of commercial sexual exploitation, shall document the services provided to address that issue.
(h)If the court finds, after considering the case plan, that unsupervised sibling visitation is appropriate and has been consented to, the court shall order that the child or the childs siblings, the childs current caregiver, and the childs prospective adoptive parents, if applicable, be provided with information necessary to accomplish this visitation. This section does not require or prohibit the social workers facilitation, transportation, or supervision of visits between the child and his or her siblings.
(i)The case plan documentation on sibling placements required under this section shall not require modification of existing case plan forms until the Child Welfare Service/Case Management System (CWS/CMS) is implemented on a statewide basis.
(j)When a child is 10 years of age or older and has been in out-of-home placement for six months or longer, the case plan shall include an identification of individuals, other than the childs siblings, who are important to the child and actions necessary to maintain the childs relationship with those individuals, provided that those relationships are in the best interest of the child. The social worker or probation officer shall ask every child who is 10 years of age or older and who has been in out-of-home placement for six months or longer to identify individuals other than the childs siblings who are important to the child, and may ask any other child to provide that information, or may seek that information from the child and family team, as appropriate. The social worker or probation officer shall make efforts to identify other individuals who are important to the child, consistent with the childs best interests.
(k)The childs caregiver shall be provided a copy of a plan outlining the childs needs and services. The nonminor dependents caregiver shall be provided with a copy of the nonminors TILP.
(l)Each county shall ensure that the total number of visits made by caseworkers on a monthly basis to children in foster care during a federal fiscal year is not less than 95 percent of the total number of those visits that would occur if each child were visited once every month while in care and that the majority of the visits occur in the residence of the child. The county child welfare and probation departments shall comply with data reporting requirements that the department deems necessary to comply with the federal Child and Family Services Improvement Act of 2006 (Public Law 109-288) and the federal Child and Family Services Improvement and Innovation Act of 2011 (Public Law 112-34).
(l)The implementation and operation of the amendments to subdivision (i) enacted at the 200506 Regular Session shall be subject to appropriation through the budget process and by phase, as provided in Section 366.35.
SEC. 110.Section 16514 of the Welfare and Institutions Code is amended to read:16514.(a)A minor or nonminor who has been voluntarily placed, adjudged a dependent child of the juvenile court pursuant to Section 300, or as to whom a petition has been filed under Section 325, may be housed in an emergency shelter or, pursuant to the procedures for placement set forth in this code, placed in a foster family home, a resource family home, or with a foster family agency for subsequent placement in a suitable licensed foster family home or certified family home, with minors adjudged wards of the juvenile court pursuant to Section 601.
(b)A minor who has been voluntarily placed, adjudged a dependent child of the juvenile court pursuant to Section 300, or adjudged a ward of the juvenile court pursuant to Section 601, shall not be housed in an emergency shelter with any minor adjudged a ward of the juvenile court pursuant to Section 602.
(c)A minor or nonminor who has been voluntarily placed, adjudged a dependent child of the juvenile court pursuant to Section 300, or as to whom a petition has been filed under Section 325, or a nonminor dependent, as described in subdivision (v) of Section 11400, shall not be placed or detained in a short-term residential treatment center, group home or licensed foster family home, a resource family home, a certified family home, or an approved resource family or foster family agency, or, beginning January 1, 2017, a short-term residential treatment center, with any minor adjudged a ward of the juvenile court pursuant to Section 601 or 602, unless the social worker or probation officer with placement authority has determined that the placement setting has a program that meets the specific needs of the minor or nonminor dependent being placed or detained, and there is a commonality of needs with the other minors and nonminor dependents in the placement setting.
(d)Nothing in this section shall transfer or eliminate the responsibility of the placing agency for the care, custody, or control of the child. Nothing in this section shall relieve a foster family agency of its responsibilities for or on behalf of a child placed with it.
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. 111.Section 16519.5 of the Welfare and Institutions Code is amended to read:16519.5.(a)The State Department of Social Services, in consultation with county child welfare agencies, foster parent associations, and other interested community parties, shall implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, approving relatives and nonrelative extended family members as foster care providers, and approving adoptive families.
(b)(1)Counties shall be selected to participate on a voluntary basis as early implementation counties for the purpose of participating in the initial development of the approval process. Early implementation counties shall be selected according to criteria developed by the department in consultation with the County Welfare Directors Association. In selecting the five early implementation counties, the department shall promote diversity among the participating counties in terms of size and geographic location.
(2)Additional counties may participate in the early implementation of the program upon authorization by the department.
(c)(1)For the purposes of this chapter, resource family means an individual or couple that a participating county or foster family agency, as defined in subdivision (g) of Section 11400 of this code, and paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code, determines to have 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 childrens 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 childs 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)Subsequent to meeting the criteria set forth in this subdivision and designation as a resource family, a resource family shall be considered eligible to provide foster care for related and unrelated children in out-of-home placement, shall be considered approved for adoption or guardianship, and shall not have to undergo any additional approval or licensure as long as the family lives in a county participating in the program.
(3)Resource family approval means that the applicant successfully meets the home environment assessment and permanency assessment standards. This approval is in lieu of the existing foster care license, relative or nonrelative extended family member approval, and the adoption home study approval.
(4)Approval of a resource family does not guarantee an initial or continued placement of a child with a resource family.
(5)Notwithstanding paragraphs (1) to (4), inclusive, the department or county may cease any further review of an application if the applicant has had a previous application denial within the preceding year, or if the applicant has had a previous rescission, revocation, or exemption denial or rescission by the department or county within the preceding two years. However, the department or county may continue to review an application if it has determined that the reasons for the previous denial, rescission, or revocation were due to circumstances and conditions that either have been corrected or are no longer in existence. If an individual was excluded from a resource family home or facility licensed by the department, the department or county shall cease review of the individuals application unless the excluded individual has been reinstated pursuant to Section 11522 of the Government Code. The cessation of review shall not constitute a denial of the application for purposes of this section or any other law.
(d)Prior to implementation of this program, the department shall adopt standards pertaining to the home environment and permanency assessments of a resource family.
(1)Resource family home environment assessment standards shall include, but not be limited to, all of the following:
(A)(i)Criminal records clearance of all adults residing in, or regularly present in, the home, and not exempted from fingerprinting, as set forth in subdivision (b) of Section 1522 of the Health and Safety Code, pursuant to Section 8712 of the Family Code, utilizing a check of the Child Abuse Central Index (CACI), and receipt of a fingerprint-based state and federal criminal offender record information search response. The criminal history information shall include subsequent notifications pursuant to Section 11105.2 of the Penal Code.
(ii)Consideration of any substantiated allegations of child abuse or neglect against either the applicant or any other adult residing in the home. An approval may not be granted to applicants whose criminal record indicates a conviction for any of the offenses specified in subdivision (g) of Section 1522 of the Health and Safety Code.
(iii)If the resource family parent, applicant, or any other person specified in subdivision (b) of Section 1522 of the Health and Safety Code has been convicted of a crime other than a minor traffic violation, except for the civil penalty language, the criminal background check provisions specified in subdivisions (d) through (f) of Section 1522 of the Health and Safety Code shall apply. Exemptions from the criminal records clearance requirements set forth in this section may be granted by the director or the early implementation county, if that county has been granted permission by the director to issue criminal records exemptions pursuant to Section 361.4, using the exemption criteria currently used for foster care licensing as specified in subdivision (g) of Section 1522 of the Health and Safety Code.
(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 set forth in Sections 89387 and 89387.2 of Title 22 of the California Code of Regulations.
(C)In addition to the foregoing requirements, the resource family home 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 childs 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.
(2)The resource family permanency assessment standards shall include, but not be limited to, all of the following:
(A)The applicant shall complete caregiver training.
(B)(i)The applicant shall complete a psychosocial assessment, which shall include the results of a risk assessment.
(ii)A caregiver risk assessment shall include, but shall not be limited to, physical and mental health, alcohol and other substance use and abuse, family and domestic violence, and the factors listed in subparagraphs (A) and (D) of paragraph (1) of subdivision (c).
(C)The applicant shall complete any other activities that relate to a resource familys ability to achieve permanency with the child.
(e)(1)A child may be placed with a resource family that has successfully completed the home environment assessment prior to completion of a permanency assessment only if a compelling reason for the placement exists based on the needs of the child.
(2)The permanency assessment shall be completed within 90 days of the childs placement in the home, unless good cause exists based upon the needs of the child.
(3)If additional time is needed to complete the permanency assessment, the county shall document the extenuating circumstances for the delay and generate a timeframe for the completion of the permanency assessment.
(4)The county shall report to the department on a quarterly basis the number of families with a child in an approved home whose permanency assessment goes beyond 90 days and summarize the reasons for these delays.
(5)A child may be placed with a relative, as defined in Section 319, or nonrelative extended family member, as defined in Section 362.7, prior to applying as a resource family only on an emergency basis if all of the following requirements are met:
(A)Consideration of the results of a criminal records check conducted pursuant to Section 16504.5 of the relative or nonrelative extended family member and of every other adult in the home.
(B)Consideration of the results of the Child Abuse Central Index (CACI) consistent with Section 1522.1 of the Health and Safety Code of the relative or nonrelative extended family member, and of every other adult in the home.
(C)The home and grounds are free of conditions that pose undue risk to the health and safety of the child.
(D)For any placement made pursuant to this paragraph, the county shall initiate the home environment assessment no later than five business days after the placement, which shall include a face-to-face interview with the resource family applicant and child.
(E)For any placement made pursuant to this paragraph, AFDC-FC funding shall not be available until approval of the resource family has been completed.
(F)Any child placed under this section shall be afforded all the rights set forth in Section 16001.9.
(f)The State Department of Social Services shall be responsible for all of the following:
(1)Selecting early implementation counties, based on criteria established by the department in consultation with the County Welfare Directors Association.
(2)Establishing timeframes for participating counties to submit an implementation plan, enter into terms and conditions for participation in the program, train appropriate staff, and accept applications from resource families.
(3)Entering into terms and conditions for participation in the program by counties.
(4)Administering the program through the issuance of written directives that shall have the same force and effect as regulations. Any directive affecting Article 1 (commencing with Section 700) of Chapter 7 of Title 11 of the California Code of Regulations shall be approved by the Department of Justice. The directives shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340)) of Part 1 of Division 3 of Title 2 of the Government Code.
(5)Approving and requiring the use of a single standard for resource family approval.
(6)Adopting and requiring the use of standardized documentation for the home environment and permanency assessments of resource families.
(7)Requiring counties to monitor resource families including, but not limited to, all of the following:
(A)Investigating complaints of resource families.
(B)Developing and monitoring resource family corrective action plans to correct identified deficiencies and to rescind resource family approval if compliance with corrective action plans is not achieved.
(8)Ongoing oversight and monitoring of county systems and operations including all of the following:
(A)Reviewing the countys implementation of the program.
(B)Reviewing an adequate number of approved resource families in each participating county to ensure that approval standards are being properly applied. The review shall include case file documentation, and may include onsite inspection of individual resource families. The review shall occur on an annual basis, and more frequently if the department becomes aware that a participating county is experiencing a disproportionate number of complaints against individual resource family homes.
(C)Reviewing county reports of serious complaints and incidents involving approved resource families, as determined necessary by the department. The department may conduct an independent review of the complaint or incident and change the findings depending on the results of its investigation.
(D)Investigating unresolved complaints against participating counties.
(E)Requiring corrective action of counties that are not in full compliance with the terms and conditions of the program.
(9)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.
(10)Implementing due process procedures, including all of the following:
(A)Providing a statewide fair hearing process for denials, rescissions, or exclusion actions.
(B)Amending the departments applicable state hearing procedures and regulations or using the Administrative Procedure Act, when applicable, as necessary for the administration of the program.
(g)Counties participating in the program shall be responsible for all of the following:
(1)Submitting an implementation plan, entering into terms and conditions for participation in the program, consulting with the county probation department in the development of the implementation plan, training appropriate staff, and accepting applications from resource families within the timeframes established by the department.
(2)Complying with the written directives pursuant to paragraph (4) of subdivision (f).
(3)Implementing the requirements for resource family approval and utilizing standardized documentation established by the department.
(4)Ensuring staff have the education and experience necessary to complete the home environment and psychosocial assessments competently.
(5)(A)Taking the following actions, as applicable:
(i)Approving or denying resource family applications.
(ii)Rescinding approvals of resource families.
(iii)Excluding a resource family parent or other individual from presence in a 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 or nonminor dependent from physical or mental abuse, abandonment, or any other substantial threat to health or safety, consistent with the established standard.
(B)Providing a resource family parent, applicant, or excluded individual requesting review of that decision with due process pursuant to the departments statutes, regulations, and written directives.
(C)Notifying the department of any decisions denying a resource familys application or rescinding the approval of a resource family, excluding an individual, or taking other administrative action.
(D)Issuing a temporary suspension order that suspends the resource family approval prior to a hearing, when urgent action is needed to protect a child or nonminor dependent who is or may be placed in the home from physical or mental abuse, abandonment, or any other substantial threat to health or safety.
(6)Updating resource family approval annually.
(7)Monitoring resource families through all of the following:
(A)Ensuring that social workers who identify a condition in the home that may not meet the approval standards set forth in subdivision (d) while in the course of a routine visit to children placed with a resource family take appropriate action as needed.
(B)Requiring resource families to comply with corrective action plans as necessary to correct identified deficiencies. If corrective action is not completed as specified in the plan, the county may rescind the resource family approval.
(C)Requiring resource families to report to the county child welfare agency any incidents consistent with the reporting requirements for licensed foster family homes.
(8)Investigating all complaints against a resource family and taking action as necessary. This shall include investigating any incidents reported about a resource family indicating that the approval standard is not being maintained.
(A)The childs 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.
(B)Upon conclusion of the complaint investigation, the final disposition shall be reviewed and approved by a supervising staff member.
(C)The department shall be notified of any serious incidents or serious complaints or any incident that falls within the definition of Section 11165.5 of the Penal Code. If those incidents or complaints result in an investigation, the department shall also be notified as to the status and disposition of that investigation.
(9)Performing corrective action as required by the department.
(10)Assessing county performance in related areas of the California Child and Family Services Review System, and remedying problems identified.
(11)Submitting information and data that the department determines is necessary to study, monitor, and prepare the report specified in paragraph (9) of subdivision (f).
(12)Ensuring resource family applicants and resource families have the necessary knowledge, skills, and abilities to support children in foster care by completing caregiver training. The training should include a curriculum that supports the role of a resource family in parenting vulnerable children and should be ongoing in order to provide resource families with information on trauma-informed practices and requirements and other topics within the foster care system.
(13)Ensuring that a resource family applicant completes a minimum of 12 hours of preapproval training. The training shall include, but not be limited to, all of the following courses:
(A)An overview of the child protective and probation systems.
(B)The effects of trauma, including grief and loss, and child abuse and neglect, on child development and behavior, and methods to behaviorally support children impacted by that trauma or child abuse and neglect.
(C)Positive discipline and the importance of self-esteem.
(D)Health issues in foster care.
(E)Accessing services and supports to address education needs, physical, mental, and behavioral health, and substance use disorders, including culturally relevant services.
(F)The rights of a child in foster care, and the resource familys 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 childs 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 familys responsibility to act as a reasonable and prudent parent, and to provide a family setting that promotes normal childhood experiences and that serves the needs of the child.
(N)An overview of the specialized training identified in subdivision (h).
(14)Ensuring approved resource families complete a minimum of eight training hours annually, a portion of which shall be from one or more of the topics listed in paragraph (13).
(h)In addition to any training required by this section, a resource family may be required to receive specialized training, as relevant, 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)Approved relatives and nonrelative extended family members, licensed foster family homes, or approved adoptive homes that have completed the license or approval process prior to full implementation of the program shall not be considered part of the program. The otherwise applicable assessment and oversight processes shall continue to be administered for families and facilities not included in the program.
(2) Upon implementation of the program in a county, that county may not accept new applications for the licensure of foster family homes, the approval of relative and nonrelative extended family members, or the approval of prospective adoptive homes.
(k)The department may waive regulations that pose a barrier to implementation and operation of this program. The waiver of any regulations by the department pursuant to this section shall apply to only those counties or foster family agencies participating in the program and only for the duration of the program.
(l)Resource families approved under initial implementation of the program, who move within an early implementation county or who move to another early implementation county, shall retain their resource family status if the new building and grounds, outdoor activity areas, and storage areas meet home environment standards. The State Department of Social Services or early implementation county may allow a program-affiliated individual to transfer his or her subsequent arrest notification if the individual moves from one early implementation county to another early implementation county, as specified in subdivision (g) of Section 1522 of the Health and Safety Code.
(m)(1)The approval of a resource family who moves to a nonparticipating county remains in full force and effect pending a determination by the county approval agency or the department, as appropriate, whether the new building and grounds and storage areas meet applicable standards, and whether all adults residing in the home have a criminal records clearance or exemptions granted, using the exemption criteria used for foster care licensing, as specified in subdivision (g) of Section 1522 of the Health and Safety Code. Upon this determination, the nonparticipating county shall either approve the family as a relative or nonrelative extended family member, as applicable, or the department shall license the family as a foster family home.
(2)Subject to the requirements in paragraph (1), the family shall continue to be approved for guardianship and adoption. Nothing in this subdivision shall limit a county or adoption agency from determining that the family is not approved for guardianship or adoption based on changes in the familys circumstances or psychosocial assessment.
(3)A program-affiliated individual who moves to a nonparticipating county may not transfer his or her subsequent arrest notification from a participating county to the nonparticipating county.
(n)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.
(o)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 (s) and (t), 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.
(p)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.
(q)Except as provided, approved resource families under this program shall be exempt from all of the following:
(1)Licensure requirements set forth under the Community Care Facilities Act, commencing with Section 1500 of the Health and Safety Code, and all regulations promulgated thereto.
(2)Relative and nonrelative extended family member approval requirements set forth under Sections 309, 361.4, and 362.7, and all regulations promulgated thereto.
(3)Adoptions approval and reporting requirements set forth under Section 8712 of the Family Code, and all regulations promulgated thereto.
(r)(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.
(2)No later than July 1, 2017, each county shall provide the following information to all licensed foster family homes and all approved relatives and nonrelative extended family members:
(A)A detailed description of the resource family approval program.
(B)Notification that, in order to care for a foster child, resource family approval is required by December 31, 2019.
(C)Notification that a foster family home license and an approval of a relative or nonrelative extended family member shall be forfeited by operation of law as provided for in paragraph (4).
(3)By no later than January 1, 2018, the following shall apply to all licensed foster family homes and approved relative and nonrelative extended family members:
(A)A licensed foster family home, and an approved relative or nonrelative extended family member with an approved adoptive home study completed prior to January 1, 2018, shall be deemed to be an approved resource family.
(B)A licensed foster family home, and an approved relative or nonrelative extended family member who had a child in placement at any time, 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 (2) of subdivision (d).
(C)A county may provide supportive services to all licensed foster family home providers, relatives, and nonrelative extended family members with a child in placement to assist with the resource family transition and to minimize placement disruptions.
(4)All foster family licenses and approvals of a relative or nonrelative extended family member shall be forfeited by operation of law on December 31, 2019, except as provided in this paragraph:
(A)All licensed foster family homes that did not have a child in placement at any time, for any length of time, between January 1, 2017, and December 31, 2017, inclusive, shall forfeit the license by operation of law on January 1, 2018.
(B)For foster family home licensees and approved relatives or nonrelative extended family members who have a pending resource family application on December 31, 2019, the foster family home license or relative and nonrelative extended family member approval shall be forfeited by operation of law on the date of approval as a resource family. If approval is denied, forfeiture by operation of law shall occur on the date of completion of any proceedings required by law to ensure due process.
(s)On and after January 1, 2017, all licensed foster family agencies shall approve resource families in lieu of certifying foster homes. A foster family agency or a short-term residential treatment center pursuant to subdivision (b) of Section 11462 shall require applicants and resource families to meet the resource family approval standards and requirements set forth in this chapter and in the written directives adopted pursuant to this chapter prior to approval and in order to maintain approval.
(t)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.
SEC. 112.Section 16519.52 is added to the Welfare and Institutions Code, to read:16519.52.(a)A resource family may install and use delayed egress devices of the time delay type in the home of the resource family.
(b)As used in this section, delayed egress device means a device that precludes the use of exits for a predetermined period of time. These devices shall not delay any residents departure from the home for longer than 30 seconds.
(c)Within the 30 seconds of delay, a resource family may attempt to redirect a resident who attempts to leave the home.
(d)Any person accepted by a resource family using delayed egress devices in the home shall meet all of the following conditions:
(1)The person shall have a developmental disability, as defined in Section 4512.
(2)The person shall be receiving services and case management from a regional center under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)).
(3)An interdisciplinary team, through the Individual Program Plan (IPP) process pursuant to Section 4646.5, shall have determined that the person lacks hazard awareness or impulse control and requires the level of supervision afforded by a resource family in a home equipped with delayed egress devices, and that, but for this placement, the person would be at risk of admission to, or would have no option but to remain in, a more restrictive state hospital or state developmental center placement.
(e)The home shall be subject to all fire and building codes, regulations, and standards applicable to residential care facilities for the elderly utilizing delayed egress devices, and shall receive approval by the county or city fire department, the local fire prevention district, or the State Fire Marshal for the installed delayed egress devices.
(f)The resource family shall provide training regarding the use and operation of the egress control devices used by any person caring for a resident, protection of residents personal rights, lack of hazard awareness and impulse control behavior, and emergency evacuation procedures.
(g)The resource family shall develop a plan of operation that is authorized by the approving county and includes a description of how the home is to be equipped with egress control devices that are consistent with regulations adopted by the State Fire Marshal pursuant to Section 13143 of the Health and Safety Code.
(h)The plan shall include, but shall not be limited to, all of the following:
(1)A description of how the resource family will provide training for persons caring for a resident regarding the use and operation of the egress control devices used in the home.
(2)A description of how the resource family will ensure the protection of the residents personal rights consistent with Sections 4502, 4503, and 4504.
(3)A description of how the resource family will manage the persons lack of hazard awareness and impulse control behavior.
(4)A description of the resource familys emergency evacuation procedures.
(i)Delayed egress devices shall not substitute for adequate supervision. The capacity of the home shall not exceed six residents.
(j)Emergency fire and earthquake drills shall be conducted at least once every three months, and shall include all persons providing resident care and supervision.
SEC. 113.Section 16519.53 is added to the Welfare and Institutions Code, to read:16519.53.(a)A resource family shall be authorized to administer emergency medical assistance and injections for severe diabetic hypoglycemia and anaphylactic shock to a foster child in placement in accordance with subdivision (a) of Section 1507.25 of the Health and Safety Code.
(b)A resource family shall be authorized to administer subcutaneous injections of other medications, including insulin, as prescribed by a childs physician, to a foster child in placement in accordance with subdivision (b) of Section 1507.25 of the Health and Safety Code.
SEC. 114.Section 16519.54 is added to the Welfare and Institutions Code, to read:16519.54.Notwithstanding any other law, a resource family shall not be subject to civil penalties imposed pursuant to the Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code).
SEC. 115.Section 16519.55 is added to the Welfare and Institutions Code, to read:16519.55.(a)Subject to subdivision (b), to encourage the recruitment of resource families, to protect their personal privacy, and to preserve the security of confidentiality of the placements with resource families, the names, addresses, and other identifying information of resource families shall be considered personal information for purposes of the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). This information shall not be disclosed by any state or local agency pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), except as necessary for administering the resource family approval program, facilitating the placement of children with resource families, and providing names and addresses, 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 department, a county, or a foster family agency may request information from, or divulge information to, the department, a county, or a foster family agency, regarding a prospective resource family for the purpose of and as necessary to conduct a reference check to determine whether it is safe and appropriate to approve an applicant to be a resource family.
SEC. 116.Section 16519.6 is added to the Welfare and Institutions Code, to read:16519.6.(a)All hearings conducted pursuant to Section 16519.5 shall be conducted in accordance with the requirements of this section.
(b)The procedures set forth in Chapter 7 (commencing with Section 10950) of Part 2 apply to matters set before the department, except as otherwise provided in this section.
(c)The procedures set forth in Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, and the procedures set forth in the Administrative Procedure Act, apply to matters set before the Office of Administrative Hearings, except as otherwise provided in this section.
(d)Notwithstanding Section 10951, a resource family, applicant, or excluded individual may file an appeal within 25 days of service of a notice of action. Pursuant to Section 1013 of the Code of Civil Procedure, if the notice of action is served by mail, the time to respond shall be extended five days, not to exceed 30 days to file the appeal.
(e)Notwithstanding Section 10951, a countys action shall be final, or for matters set before the department, an action shall be subject to dismissal, if the resource family, applicant, or excluded individual does not file an appeal to the notice of action within the prescribed time.
(f)Except as provided in subdivisions (g) and (h), and notwithstanding Section 10952, a hearing under this section shall be held within 90 days following the receipt of a timely appeal or notice of defense, unless a continuance of the hearing is granted for good cause.
(g)If the county or department has issued an immediate exclusion order, the timelines and provisions set forth in Section 1558 of the Health and Safety Code shall apply, unless a continuance of the hearing is granted for good cause.
(h)If the county or department has issued a temporary suspension order, the hearing shall be held within 30 days following the receipt of a timely appeal or notice of defense. The temporary suspension order shall remain in effect until the time the hearing is completed and the director has made a final determination on the merits. However, the temporary suspension order shall be deemed vacated if the director fails to make a final determination on the merits within 30 days after receipt of the proposed decision by the county or department.
(i)Upon a finding of noncompliance, the department may require a foster family agency to deny or rescind the approval of a home, or take other action deemed necessary for the protection of a child who is or who may be placed in the home. The resource family, applicant, or excluded individual shall be afforded the due process provided pursuant to this section.
(1)If the department requires a foster family agency to deny or rescind the approval, the department shall serve an order of denial or rescission notifying the resource family, applicant, and foster family agency of the basis of the departments action and of the right to a hearing.
(2)The departments order of the denial or rescission of the approval shall remain in effect until the hearing is completed and the director has made a final determination on the merits.
(3)A foster family agencys failure to comply with the departments order to deny or rescind the approval by placing or retaining a child in care shall be grounds for disciplining the foster family agency pursuant to Section 1550 of the Health and Safety Code.
(j)A resource family, applicant, or excluded individual who files an appeal to a notice of action pursuant to this section shall, as part of the appeal, provide his or her current mailing address. The resource family, applicant, or excluded individual shall subsequently notify the county, or department if applicable, in writing of any change in mailing address, until the hearing process has been completed or terminated.
(k)Service by mail of a notice or other writing on a resource family, applicant, or excluded individual in a procedure provided herein is effective if served to the last mailing address on file with the county or department. Service of a notice of action may be by personal service or by first class mail. If the last day for performance of any action required herein falls on a holiday, then such period shall be extended to the next day which is not a holiday.
(l)In all proceedings conducted in accordance with this section, the burden of proof on the department or county shall be by a preponderance of the evidence.
(m)The county or department may institute or continue an administrative proceeding against a resource family, applicant, or excluded individual upon any ground provided by this section, enter an order denying or rescinding the approval, exclude an associated individual, issue a temporary suspension order, or otherwise take disciplinary action against a resource family, applicant, or excluded individual, notwithstanding any resignation, withdrawal, surrender of approval, or denial or rescission of the approval by a foster family agency.
SEC. 117.Section 18251 of the Welfare and Institutions Code is amended to read:18251.As used in this chapter:
(a)County means each county participating in an individualized or wraparound services program.
(b)County placing agency means a county welfare or probation department, or a county mental health department.
(c)Eligible child means a child or nonminor dependent, as described in subdivision (v) of Section 11400, who is any of the following:
(1)A child or nonminor dependent who has been adjudicated as either a dependent, transition dependent, or ward of the juvenile court pursuant to Section 300, 450, 601, or 602 and who would be placed in a group home licensed by the department at a rate classification level of 10 or higher, or commencing January 1, 2017, would be placed in a short-term residential treatment center.
(2)A child or nonminor dependent who is currently, or who would be, placed in a group home licensed by the department at a rate classification level of 10 or higher, or commencing January 1, 2017, would be placed in a short-term residential treatment center.
(3)A child who is eligible for adoption assistance program benefits when the responsible public agency has approved the provision of wraparound services in lieu of out-of-home placement care at a rate classification level of 10 or higher, or commencing January 1, 2017, would be placed in a short-term residential treatment center.
(d)Wraparound services means community-based intervention services that emphasize the strengths of the child and family and includes the delivery of coordinated, highly individualized unconditional services to address needs and achieve positive outcomes in their lives.
(e)Service allocation slot means a specified amount of funds available to the county to pay for an individualized intensive wraparound services package for an eligible child. A service allocation slot may be used for more than one child on a successive basis.
SEC. 118.Section 18254 of the Welfare and Institutions Code is amended to read:18254.(a)Rates for wraparound services, under the wraparound services program, shall be based on the following factors:
(1)The average cost of rate classification 10 to 11 in each county, minus the cost of any concurrent out-of-home placement, for children who are or would be placed in a rate level 10 or 11 group home.
(2)The average cost of rate classification 12 to 14 in each county, minus the cost of any concurrent out-of-home placement, for children who are or would be placed in a rate level 12 to 14 group home.
(b)(1)Prior to the 201112 fiscal year, the department shall reimburse each county, for the purpose of providing intensive wraparound services, up to 100 percent of the state share of nonfederal funds, to be matched by each countys share of cost as established by law, and to the extent permitted by federal law, up to 100 percent of the federal funds allocated for group home placements of eligible children, at the rate authorized pursuant to subdivision (a).
(2)Beginning in the 201112 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
(c)County, and to the extent permitted by federal law, federal, foster care funds shall remain with the administrative authority of the county, which may enter into an interagency agreement to transfer those funds, and shall be used to provide intensive wraparound services.
(d)Costs for the provision of benefits to eligible children, at rates authorized by subdivision (a), through the wraparound services program authorized by this chapter, shall not exceed the costs which would otherwise have been incurred had the eligible children been placed in a group home.
(e)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 119.Section 18254 is added to the Welfare and Institutions Code, to read:18254.(a)(1)Commencing January 1, 2017, the rate for wraparound services, under the wraparound services program, shall be eight thousand five hundred seventy-three dollars ($8,573), based on the average cost of rate classification levels 10.5 and 13 in effect for the 201415 fiscal year.
(2)The rate was determined by using the existing rates determined for the 201415 fiscal year for rate classification levels 10.5 and 13.
(A)Combining and calculating the average of the two.
(B)Minus the cost of any concurrent out-of-home placement for children who are or would be placed in a rate classification level 10 to 11 and 12 to 14 group home, respectively.
(b)For each fiscal year, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
(c)County and federal foster care funds, to the extent permitted by federal law, shall remain with the administrative authority of the county, which may enter into an interagency agreement to transfer those funds, and shall be used to provide intensive wraparound services.
(d)Costs for the provision of benefits to eligible children, at rates authorized by subdivision (a), through the wraparound services program authorized by this chapter, shall not exceed the costs that otherwise would have been incurred had the eligible children been placed in a short-term residential treatment center.
(e)Commencing January 1, 2018, and each January 1 thereafter, an annual cost-of-living increase shall be applied to the wraparound rate, subject to the availability of county funds, equal to the California Necessities Index used in the preparation of the May Revision for the current fiscal year.
(f)This section shall become operative on January 1, 2017.
SEC. 120.Section 18987.72 of the Welfare and Institutions Code is amended to read:18987.72.(a)In order to obtain knowledge and experience with which to inform the process of developing and implementing the plan for residentially based services, required by Section 18987.7, the department shall encourage counties and private nonprofit agencies to develop voluntary agreements to test alternative program design and funding models for transforming existing group home programs into residentially based services programs in order to meet the diverse needs of children or youth and families in the child welfare, juvenile justice, and mental health systems.
(b)(1)With the approval of the department, any counties participating in the federal Title IV-E waiver capped allocation demonstration project pursuant to Section 18260, at their option, and two other counties may enter into and implement voluntary agreements with private nonprofit agencies to transform all or part of an existing group home program into a residentially based services program.
(2)If one or more counties participating in the federal Title IV-E waiver capped allocation demonstration project opts not to enter into a voluntary agreement pursuant to this chapter, the department may select one or more nonwaiver counties. The department may approve up to four counties to participate in the voluntary agreements pursuant to this section.
(3)The department shall select participating counties, based on letters of interest submitted to the department from counties, in consultation with the California Alliance of Child and Family Services and the County Welfare Directors Association.
(c)Voluntary agreements by counties and nonprofit agencies shall satisfy all of the following requirements:
(1)Incorporate and address all of the components and elements for residentially based services described in the Framework for a New System for Residentially-Based Services in California.
(2)Reflect active collaboration among the private nonprofit agency that will operate the residentially based services program and county departments of social services, mental health, or juvenile justice, alcohol and drug programs, county offices of education, or other public entities, as appropriate, to ensure that children, youth, and families receive the services and support necessary to meet their needs.
(3)Provide for an annual evaluation report, to be prepared jointly by the county and the private nonprofit agency. The evaluation report shall include analyses of the outcomes for children and youth, including achievement of permanency, average lengths of stay, and rates of entry and reentry into group care. The evaluation report shall also include analyses of the involvement of children or youth and their families, client satisfaction, the use of the program by the county, the operation of the program by the private nonprofit agency, payments made to the private nonprofit agency by the county, actual costs incurred by the nonprofit agency for the operation of the program, and the impact of the program on state and county AFDC-FC program costs. The county shall send a copy of each annual evaluation report to the director, and the director shall make these reports available to the Legislature upon request.
(4)Permit amendments, modifications, and extensions of the agreement to be made, with the mutual consent of both parties and with approval of the department, based on the evaluations described in paragraph (3), and on the experience and information acquired from the implementation and the ongoing operation of the program.
(5)Be consistent with the countys system improvement plan developed pursuant to the California Child Welfare Outcomes and Accountability System.
(d)(1)Upon a countys request, the director may waive child welfare regulations regarding the role of counties in conjunction with private nonprofit agencies operating residentially based services programs to enhance the development and implementation of case plans and the delivery of services in order to enable a county and a private nonprofit agency to implement an agreement described in subdivision (b). Nothing in this section shall be construed to supersede the requirements set forth in subdivision (c) of Section 16501.
(2)Notwithstanding Sections 11460 and 11462, or any other law or regulation governing payments under the AFDC-FC program, upon the request of one or more counties, and in accordance with the voluntary agreements as described in subdivision (b), the director may also approve the use of up to a total of five alternative funding models for determining the method and level of payments that will be made under the AFDC-FC program to private nonprofit agencies operating residentially based services programs in lieu of using the rate classification levels and schedule of standard rates provided for in Section 11462. These alternative funding models may include, but shall not be limited to, the use of cost reimbursement, case rates, per diem or monthly rates, or a combination thereof. An alternative funding model shall do all of the following:
(A)Support the values and goals for residentially based services, including active child and family involvement, permanence, collaborative decisionmaking, and outcome measurement.
(B)Ensure that quality care and effective services are delivered to appropriate children or youth at a reasonable cost to the public.
(C)Ensure that payment levels are sufficient to permit the private nonprofit agencies operating residentially based services programs to provide care and supervision, social work activities, parallel predischarge community-based interventions for families, and followup postdischarge support and services for children and their families, including the cost of hiring and retaining qualified staff.
(D)Facilitate compliance with state requirements and the attainment of federal and state performance objectives.
(E)Control overall program costs by providing incentives for the private nonprofit agencies to use the most cost-effective approaches for achieving positive outcomes for the children or youth and their families.
(F)Facilitate the ability of the private nonprofit agencies to access other available public sources of funding and services to meet the needs of the children or youth placed in their residentially based services programs, and the needs of their families.
(G)Enable the combination of various funding streams necessary to meet the full range of services needed by foster children or youth in residentially based services programs, with particular reference to funding for mental health treatment services through the Medi-Cal Early and Periodic Screening, Diagnosis, and Treatment program.
(H)Maximize federal financial participation, and mitigate the loss of federal funds, while ensuring the effective delivery of services to children or youth and families, and the achievement of positive outcomes.
(I)Provide for effective administrative oversight and enforcement mechanisms in order to ensure programmatic and fiscal accountability.
(3)A waiver granted by the director pursuant to paragraph (1), or an approval of an alternative funding model pursuant to paragraph (2), shall be applicable only to the development, implementation, and ongoing operation of a residentially based services program and related county activities provided under the terms of the agreement and for the duration of the agreement, and shall be granted only when all of the following apply:
(A)The agreement promises to offer a worthwhile test related to the development, implementation, and ongoing operation of a residentially based services program as described in this chapter.
(B)Existing regulatory provisions or the existing AFDC-FC payment requirements, or both, impose barriers for the effective, efficient, and timely implementation of the agreement.
(C)The requesting county proposes to monitor the agreement for compliance with the terms of the waiver or the alternative funding model, or both.
(D)Notwithstanding any change to payments made to group homes under Section 11462, the department may pay higher AFDC-FC payments for children and youth who are enrolled in a residentially based services program, to be offset by cost efficiencies achieved through shorter lengths of stay in foster care, or a reduction of reentries into foster care, as a result of providing predischarge support and postdischarge services to the children or youth and their families. Any upfront costs for this project shall be offset by other program savings identified by the department, to ensure that there are no net General Fund costs in each fiscal year.
(e)In addition to the requirements set forth in subdivision (c), the voluntary agreements shall do all of the following:
(1)Provide that, to the extent that some of the care, services, and other activities associated with a residentially based services program operated under an agreement described in subdivision (b) are not eligible for federal financial participation as foster care maintenance payments under Part E (commencing with Section 470) of Title IV of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.), but may be eligible for federal financial participation as administration or training, or may be eligible for federal financial participation under other programs, including, but not limited to, Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.), the appropriate state departments shall take measures to obtain that federal funding.
(2)Provide that, prior to approving any waiver or alternative funding model pursuant to subdivision (d), the director shall make a determination that the design of the residentially based services program to be operated under the agreement described in subdivision (b) would ensure the health and safety of children or youth to be served.
(f)Agreements entered into pursuant to this section shall terminate on or before January 1, 2017, or may be extended until January 1, 2019, upon approval by the department, on a case-by-case basis, unless a later enacted statute extends or removes this limitation.
(g)The department shall report during the legislative budget hearings on the status of any county agreements entered into pursuant to subdivision (b), and on the development of statewide residentially based services programs. This report shall be submitted with the recommendations made pursuant to Section 11461.2.
SEC. 121.Notwithstanding the provisions of this act, on and after January 1, 2017, facilities with licensed capacity of 184 that were in operation prior to January 1, 2015, that offer placements for the purpose of attending an onsite high school, may continue to operate under an appropriate licensing category determined by the State Department of Social Services as long as those facilities submit to the department a transition plan describing how the program will comply with the provisions of this act, pursuant to a timeframe to be determined with the department.
SEC. 122.The State Department of Social Services, State Department of Education, and special education local plan area (SELPA) directors shall work together to address the funding formula currently based in part on the State Department of Social Services rate classification level system. The rate classification level for group homes set by the State Department of Social Services shall sunset pursuant to this act. Section 56836.165 of the Education Code takes into account the rate classification level in Section 11462 of the Welfare and Institutions Code in setting its severity rating for purposes of its bed allowances. Prior to the sunset of the rate classification level, the departments and SELPA directors shall work together to develop an alternative basis for its bed allowance formula.
SEC. 123.(a)The State Department of Social Services and the State Department of Health Care Services shall adopt regulations as required to implement the provisions of this act.
(b)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the departments identified in subdivision (a) may implement and administer the changes made by this act through all-county letters or similar written instructions until regulations are adopted.
SEC. 124.The State Department of Social Services shall provide periodic progress updates to the Legislature on the implementation of this act.
SEC. 125.The State Department of Social Services shall work with counties that operate shelters, probation agencies, homeless shelter providers, residential education providers, and others as determined by the department to identify jointly developed alternative timeframes or criteria to be met in order to address the unique circumstances and needs of the populations they serve, while remaining consistent with the principles of this act.
SEC. 126.(a)In order to accomplish the goals set forth in this act, the State Department of Social Services shall work with stakeholders, including other state departments, such as the State Department of Health Care Services, legislative staff, counties, and advocates, to address critical issues in the initial and ongoing implementation of this act. This work with stakeholders shall include the development of timelines and key milestones for implementation of this act, including a process to monitor progress. This work shall also include, but not be limited to, the identification of major implementation tasks and action steps, monitoring achievements, and developing recommendations for addressing issues that arise during implementation. The department, in consultation with the stakeholder groups, shall measure and track changes in the numbers of out-of-home placements that are available to county placing agencies, including the geographic distribution of providers. The State Department of Health Care Services and the State Department of Social Services, as appropriate, shall also measure and track, in consultation with stakeholders, the availability and utilization of services, including, but not limited to, medical and behavioral health and child welfare services for children in out-of-home placements.
(b)The stakeholder process described in subdivision (a) may include the convening of a large workgroup or smaller workgroups that would address specific subject areas that may include, but are not limited to, the following:
(1)Rate development for short-term residential treatment centers, foster family agencies, and other caregivers across the continuum of care.
(2)Assessments.
(3)Retention and recruitment of home-based family caregivers.
(4)Availability of core services, including specialty mental health services, across placement types.
(5)Meeting the needs of special populations within the child welfare system.
(6)The mental health certification process.
(7)Simplification of the licensure and approval process for resource families.
(8)Outcomes, accountability measures, and data collection.
SEC. 127.The Legislature finds and declares that this act, which adds Section 16519.55 to the Welfare and Institutions Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to encourage the recruitment of resource families, to protect their personal privacy, and to preserve the security of confidentiality of the placements with resource families, it is necessary that the names, addresses, and other identifying information of resource families not be disclosed by any state or local agency pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), except as necessary for administering the resource family approval program, facilitating the placement of children with resource families, and providing names and addresses only to bona fide professional foster parent organizations upon request.
SEC. 128.(a)Section 6.5 of this bill incorporates amendments to Section 1502 of the Health and Safety Code proposed by both this bill and Senate Bill 524. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 1502 of the Health and Safety Code, and (3) this bill is enacted after Senate Bill 524, in which case Section 6 of this bill shall not become operative.
(b)Section 18.5 of this bill incorporates amendments to Section 1522.41 of the Health and Safety Code proposed by both this bill and Senate Bill 238. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 1522.41 of the Health and Safety Code, and (3) this bill is enacted after Senate Bill 238, in which case Section 18 of this bill shall not become operative.
(c)Sections 23.5 and 24.5 of this bill incorporate statutory changes to Section 1529.2 of the Health and Safety Code proposed by both this bill and Senate Bill 238. They shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill makes changes to Section 1529.2 of the Health and Safety Code, and (3) this bill is enacted after Senate Bill 238, in which case Sections 23 and 24 of this bill shall not become operative.
(d)Section 31.5 of this bill incorporates amendments to Section 1536 of the Health and Safety Code proposed by both this bill and Senate Bill 484. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 1536 of the Health and Safety Code, and (3) this bill is enacted after Senate Bill 484, in which case Section 31 of this bill shall not become operative.
(e)Section 36.5 of this bill incorporates amendments to Section 1548 of the Health and Safety Code proposed by both this bill and Assembly Bill 1387. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 1548 of the Health and Safety Code, and (3) this bill is enacted after Assembly Bill 1387, in which case Section 36 of this bill shall not become operative.
(f)Section 49.5 of this bill incorporates amendments to Section 706.6 of the Welfare and Institutions Code proposed by both this bill and Senate Bill 794. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 706.6 of the Welfare and Institutions Code, and (3) this bill is enacted after Senate Bill 794, in which case Section 49 of this bill shall not become operative.
(g)(1)Section 106.1 of this bill incorporates amendments to Section 16003 of the Welfare and Institutions Code proposed by both this bill and Senate Bill 238. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 16003 of the Welfare and Institutions Code, and (3) Senate Bill 794 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 238, in which case Sections 106, 106.2, and 106.3 of this bill shall not become operative.
(2)Section 106.2 of this bill incorporates amendments to Section 16003 of the Welfare and Institutions Code proposed by both this bill and Senate Bill 794. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 16003 of the Welfare and Institutions Code, (3) Senate Bill 238 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 794 in which case Sections 106, 106.1 and 106.3 of this bill shall not become operative.
(3)Section 106.3 of this bill incorporates amendments to Section 16003 of the Welfare and Institutions Code proposed by this bill, Senate Bill 238, and Senate Bill 794. It shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 16003 of the Welfare and Institutions Code, and (3) this bill is enacted after Senate Bill 238 and Senate Bill 794, in which case Sections 106, 106.1, and 106.2 of this bill shall not become operative.
(h)Section 108.5 of this bill incorporates amendments to Section 16501 of the Welfare and Institutions Code proposed by both this bill and Senate Bill 794. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 16501 of the Welfare and Institutions Code, and (3) this bill is enacted after Senate Bill 794, in which case Section 108 of this bill shall not become operative.
(i)Section 109.5 of this bill incorporates amendments to Section 16501.1 of the Welfare and Institutions Code proposed by both this bill and Senate Bill 794. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 16501.1 of the Welfare and Institutions Code, and (3) this bill is enacted after Senate Bill 794, in which case Section 109 of this bill shall not become operative.
SEC. 129.(a)To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation, Section 36 of Article XIII of the California Constitution shall govern this acts application to local agencies and the states funding of those programs or levels of service.
(b)However, if the Commission on State Mandates determines that this act contains other costs mandated by the state for programs or levels of service not described in subdivision (a), reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)It is the intent of the Legislature in adopting this act to improve Californias child welfare system and its outcomes by using comprehensive initial child assessments, increasing the use of home-based family care and the provision of services and supports to home-based family care, reducing the use of congregate care placement settings, and creating faster paths to permanency resulting in shorter durations of involvement in the child welfare and juvenile justice systems. These changes, along with other provisions in this act, require initial investments in the child welfare system. It is expected that this act, and the initial short-term funding provided by the state to local agencies to implement this act, will reduce overall costs to local agencies and allow local savings to be reinvested in child welfare services. If overall costs to a local agency are reduced, annual funding by the state to the local agency will only be provided as described in Section 36 of Article XIII of the California Constitution.
(b)Federal law requires that placements of children in foster care be in the least restrictive, most family-like environment. Federal law requires the review of the childs case plan to assess the necessity for and appropriateness of the placement, to assess the progress that has been made toward the case plan goals, and project a likely date by which the child can be safely reunified, or placed for adoption or legal guardianship. Federal law requires the court to periodically, but no less frequently than every six months, review the case plan, the childs status, and the extent of compliance with the case plan.
(c)It is therefore the intent of the Legislature to maintain childrens safety, well-being, and healthy development when they are removed from their own families by placing them, whenever possible and appropriate, with relatives or someone familiar, or, when this is not possible or appropriate, with other caregiving families that are able to meet their physical, social, and emotional needs until they can return home. When reunifying children with their family is not possible, the obligation remains to seek other forms of permanency, such as adoption or guardianship. To achieve this intent, the Legislature recognizes the following:
(1)That the experience and outcomes of foster youth will be improved by assessing the individual needs of each child and youth at the outset of his or her entry into foster care in order to identify and secure the most appropriate services and placement setting to meet those individualized needs.
(A)Services are consistent with the objectives of the Katie A. Settlement Agreement, which include the timely provision of an array of appropriate services that are coordinated, comprehensive, and community-based, and which address the needs of children and youth with more intensive needs requiring medically necessary specialty mental health services in their own home, or an appropriate homelike setting in order to facilitate reunification and to ensure their safety, permanence, and well-being. Children in need of services are identified and assessed promptly. Child welfare and mental health agencies work together in the provision of coordinated services to these children and youth, and the childs or youths familys voice and choice are taken into account as demonstrated through the Core Practice Model.
(B)Efforts to achieve legal permanency and emotional permanency are necessary for every child and youth. These include establishing and maintaining connections to siblings, extended family, culture, and, if applicable, tribes.
(C)If necessary to meet their treatment and safety needs, some youth who enter foster care may benefit from an initial, upfront, short-term residential care placement to provide crisis stabilization and the structure they require, with the goal of returning them back home or to a less restrictive, family-based setting as soon as possible. Children should not have to first exhaust a number and variety of less restrictive placements regardless of their individual need, which would be detrimental to their well-being.
(2)That children and youth in foster care have been affected by trauma, both by the fact that they have been separated from their family, and by the circumstances that led to their removal. Recognizing this trauma and minimizing additional trauma should be structured into how practice is implemented for children and youth in foster care.
(3)That youth in foster care under the supervision of county probation departments may require additional considerations when being placed outside of the parental home. When ordering placement, the court and probation officers must consider the safety and needs of the youth and the public safety of the community. Significant reforms have been adopted in the juvenile justice system by the state and by the counties in recognition of the fact that detaining youth far from home is not ideal, but may be necessary for a small percentage of probation youth who have committed the most serious offenses. At the same time, in order to serve those probation youth whose needs can be appropriately met safely in least restrictive, family-based settings, sufficient capacity in home-based family care must be developed.
(4)That research demonstrates that being cared for in a family improves outcomes for children who have experienced abuse and neglect. Therefore, children who cannot safely be placed in home-based family care can go into residentially based care with individualized, specific care plans and intensive therapeutic interventions, while emphasizing continuity of care, as demonstrated by the residentially based services pilot program, established pursuant to Chapter 12.87 (commencing with Section 18987.7) of Part 6 of Division 9 of the Welfare and Institutions Code. These placements should be short-term in nature and designed to enable children and youth to return to their birth, kin, foster, or adoptive families as quickly and safely as possible, supported by services designed to help the child, youth, and family in this transition. With these services, relatives and foster families can care for children and youth with behavioral and mental health challenges that often are associated with neglect and abuse. Placing agency decisions regarding a specific family need to be based on a determination that the family has the ability and capacity to meet the needs of the specific child or youth.
(5)That working with the child, youth, and family as part of a team results in better outcomes. The child and family team, including extended family and community or tribe, is the primary vehicle for collaboration on the assessment, case planning, and placement decisions that are made by placing agencies. Use of these teams is based upon the wraparound model of care and is intended to support social work, practice, and decisionmaking.
(6)That culturally relevant services and supports need to be made available to children, youth, and their caregivers, regardless of the placement setting, and individually tailored to their needs.
(7)That the practice of public agencies, private agencies, and service providers should be aligned through a common core practice model, with county child welfare and probation agencies retaining their case management responsibilities.
(8)That there is a shift in the terminology used with respect to foster care to describe resource families as home-based family care. These families must parent and nurture vulnerable, traumatized children in emergencies, through transitions and crises, and sometimes make them a permanent part of their own families. These families are inclusive of related or unrelated caregivers who are approved to foster, adopt, or take guardianship of children in foster care, regardless of whether they are approved by a public or private agency.
(9)That the needs of children placed in residential group placements can most effectively be met when there is system accountability. Placement decisions should be informed by the providers performance on common indicators that are publicly available. Providers should continuously work to improve the quality of the care they provide by using available data to manage performance.
(d)The Legislature further declares its intent to continue to adhere to the declarations in Section 175 of the Family Code, Section 1459 of the Probate Code, and Section 224 of the Welfare and Institutions Code pertaining to Indian children, including that the state is committed to protecting the essential tribal relations and best interests of an Indian child by promoting practices, in accordance with the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) and other applicable laws, designed to prevent the childs involuntary out-of-home placement and, whenever that placement is necessary or ordered, by placing the child, whenever possible, in a placement that reflects the unique values of the childs tribal culture and is best able to assist the child in establishing, developing, and maintaining a political, cultural, and social relationship with the childs tribe and tribal community. To that end this legislation is not intended to displace or preclude options available to Indian children, such as placement in tribally approved homes as allowed under the federal Indian Child Welfare Act, or tribal customary adoptions pursuant to Section 366.24 of the Welfare and Institutions Code.
SEC. 2.Section 7911 of the Family Code is amended to read:7911.The Legislature finds and declares all of the following:
(a)The health and safety of California children placed by a county social services agency or probation department out of state pursuant to the provisions of the Interstate Compact on the Placement of Children are a matter of statewide concern.
(b)The Legislature therefore affirms its intention that the State Department of Social Services has full authority to require an assessment and placement recommendation by a county multidisciplinary team prior to placement of a child in an out-of-state group home, to investigate allegations of child abuse or neglect of minors so placed, and to ensure that out-of-state group homes, accepting California children, meet all California group home licensing standards.
(c)The Legislature also affirms its intention that, on and after January 1, 2017, the licensing standards applicable to out-of-state group homes certified by the department shall be those required of short-term residential treatment centers operated in this state.
(d)This section is declaratory of existing law with respect to the Governors designation of the State Department of Social Services to act as the compact administrator and of that department to act as the single state agency charged with supervision of public social services under Section 10600 of the Welfare and Institutions Code.
SEC. 3.Section 7911.1 of the Family Code is amended to read:7911.1.(a)Notwithstanding any other law, the State Department of Social Services or its designee shall investigate any threat to the health and safety of children placed by a California county social services agency or probation department in an out-of-state group home pursuant to the provisions of the Interstate Compact on the Placement of Children. This authority shall include the authority to interview children or staff in private or review their file at the out-of-state facility or wherever the child or files may be at the time of the investigation. Notwithstanding any other law, the State Department of Social Services or its designee shall require certified out-of-state group homes to comply with the reporting requirements applicable to group homes licensed in California pursuant to Title 22 of the California Code of Regulations for each child in care regardless of whether he or she is a California placement, by submitting a copy of the required reports to the Compact Administrator within regulatory timeframes. The Compact Administrator within one business day of receiving a serious events report shall verbally notify the appropriate placement agencies and within five working days of receiving a written report from the out-of-state group home, forward a copy of the written report to the appropriate placement agencies.
(b)Any contract, memorandum of understanding, or agreement entered into pursuant to paragraph (b) of Article 5 of the Interstate Compact on the Placement of Children regarding the placement of a child out of state by a California county social services agency or probation department shall include the language set forth in subdivision (a).
(c)(1)The State Department of Social Services or its designee shall perform initial and continuing inspection of out-of-state group homes in order to either certify that the out-of-state group home meets all licensure standards required of group homes operated in California or that the department has granted a waiver to a specific licensing standard upon a finding that there exists no adverse impact to health and safety.
(2)On and after January 1, 2017, the licensing standards applicable to out-of-state group homes certified by the department, as described in paragraph (1) shall be those required of short-term residential treatment centers operated in this state.
(3)On and after January 1, 2017, an out-of-state group home program shall, in order to receive an AFDC-FC rate, meet the requirements of paragraph (2) of subdivision (c) of Section 11460 of the Welfare and Institutions Code.
(4)Any failure by an out-of-state group home facility to make children or staff available as required by subdivision (a) for a private interview or make files available for review shall be grounds to deny or discontinue the certification. Certifications 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 departments 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 departments certification under this section.
SEC. 4.Section 7912 of the Family Code is amended to read:7912.(a)The Legislature finds and declares that the health and safety of children in out-of-state group home care pursuant to the Interstate Compact on the Placement of Children is a matter of statewide concern. The Legislature therefore affirms its intention that children placed by a county social services agency or probation department in out-of-state group homes be accorded the same personal rights and safeguards of a child placed in a California group home. This section is in clarification of existing law.
(b)(1)The Compact Administrator may temporarily suspend any new placements in an out-of-state group home, for a period not to exceed 100 days, pending the completion of an investigation, pursuant to subdivision (a) of Section 7911.1, regarding a threat to the health and safety of children in care. During any suspension period the department or its designee shall have staff daily onsite at the out-of-state group home.
(2)On and after January 1, 2017, the licensing standards applicable to out-of-state group homes certified by the State Department of Social Services shall be those required of short-term residential treatment centers operated in this state.
SEC. 5.Section 6276.38 of the Government Code is amended to read:6276.38.Radioactive materials, dissemination of information about transportation of, Section 33002, Vehicle Code.
Railroad infrastructure protection program, disclosure not required for risk assessments filed with the Public Utilities Commission, the Director of Emergency Services, or the Office of Emergency Services, Section 6254.23.
Real estate broker, annual report to Bureau of Real Estate of financial information, confidentiality of, Section 10232.2, Business and Professions Code.
Real property, acquisition by state or local government, information relating to feasibility, subdivision (h), Section 6254.
Real property, change in ownership statement, confidentiality of, Section 27280.
Records described in Section 1620 of the Penal Code.
Records of contract purchasers, inspection by public prohibited, Section 85, Military and Veterans Code.
Records of persons committed to a state hospital pursuant to Section 4135 of the Welfare and Institutions Code.
Registered public obligations, inspection of records of security interests in, Section 5060.
Registration of exempt vehicles, nondisclosure of name of person involved in alleged violation, Section 5003, Vehicle Code.
Rehabilitation, Department of, confidential information, Section 19016, Welfare and Institutions Code.
Reinsurance intermediary-broker license information, confidentiality of, Section 1781.3, Insurance Code.
Relocation assistance, confidential records submitted to a public entity by a business or farm operation, Section 7262.
Rent control ordinance, confidentiality of information concerning accommodations sought to be withdrawn from, Section 7060.4.
Report of probation officer, inspection, copies, Section 1203.05, Penal Code.
Repossession agency licensee application, confidentiality of information, Sections 7503, 7504, and 7506.5, Business and Professions Code.
Reproductive health facilities, disclosure not required for personal information regarding employees, volunteers, board members, owners, partners, officers, and contractors of a reproductive health services facility who have provided requisite notification, Section 6254.18.
Residence address in any record of Department of Housing and Community Development, confidentiality of, Section 6254.1.
Residence address in any record of Department of Motor Vehicles, confidentiality of, Section 6254.1, Government Code, and Section 1808.21, Vehicle Code.
Residence and mailing addresses in records of Department of Motor Vehicles, confidentiality of, Section 1810.7, Vehicle Code.
Residential care facilities, confidentiality of resident information, Section 1568.08, Health and Safety Code.
Residential care facilities for the elderly, confidentiality of client information, Section 1569.315, Health and Safety Code.
Resource families, identifying information, Section 16519.55, Welfare and Institutions Code.
Respiratory care practitioner, professional competency examination reports, confidentiality of, Section 3756, Business and Professions Code.
Restraint of trade, civil action by district attorney, confidential memorandum, Section 16750, Business and Professions Code.
Reward by Governor for information leading to arrest and conviction, confidentiality of person supplying information, Section 1547, Penal Code.
Safe surrender site, confidentiality of information pertaining to a parent or individual surrendering a child, Section 1255.7, Health and Safety Code.
SEC. 6.Section 1502 of the Health and Safety Code is amended to read:1502.As used in this chapter:
(a)Community care facility means any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and includes the following:
(1)Residential facility means any family home, group care facility, or similar facility determined by the director, for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.
(2)Adult day program means any community-based facility or program that provides care to persons 18 years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of these individuals on less than a 24-hour basis.
(3)Therapeutic day services facility means any facility that provides nonmedical care, counseling, educational or vocational support, or social rehabilitation services on less than a 24-hour basis to persons under 18 years of age who would otherwise be placed in foster care or who are returning to families from foster care. Program standards for these facilities shall be developed by the department, pursuant to Section 1530, in consultation with therapeutic day services and foster care providers.
(4)Foster family agency means any public agency or private organization engaged in the recruiting, certifying, and training of, and providing professional support to, foster parents, or in finding homes or other places for placement of children for temporary or permanent care who require that level of care. Private foster family agencies shall be organized and operated on a nonprofit basis.
(5)Foster family home means any residential facility providing 24-hour care for six or fewer foster children that is owned, leased, or rented and is the residence of the foster parent or parents, including their family, in whose care the foster children have been placed. The placement may be by a public or private child placement agency or by a court order, or by voluntary placement by a parent, parents, or guardian. It also means a foster family home described in Section 1505.2.
(6)Small family home means any residential facility, in the licensees family residence, that provides 24-hour care for six or fewer foster children who have mental disorders or developmental or physical disabilities and who require special care and supervision as a result of their disabilities. A small family home may accept children with special health care needs, pursuant to subdivision (a) of Section 17710 of the Welfare and Institutions Code. In addition to placing children with special health care needs, the department may approve placement of children without special health care needs, up to the licensed capacity.
(7)Social rehabilitation facility means any residential facility that provides social rehabilitation services for no longer than 18 months in a group setting to adults recovering from mental illness who temporarily need assistance, guidance, or counseling. Program components shall be subject to program standards pursuant to Article 1 (commencing with Section 5670) of Chapter 2.5 of Part 2 of Division 5 of the Welfare and Institutions Code.
(8)Community treatment facility means any residential facility that provides mental health treatment services to children in a group setting and that has the capacity to provide secure containment. Program components shall be subject to program standards developed and enforced by the State Department of Health Care Services pursuant to Section 4094 of the Welfare and Institutions Code.
Nothing in this section shall be construed to prohibit or discourage placement of persons who have mental or physical disabilities into any category of community care facility that meets the needs of the individual placed, if the placement is consistent with the licensing regulations of the department.
(9)Full-service adoption agency means any licensed entity engaged in the business of providing adoption services, that does all of the following:
(A)Assumes care, custody, and control of a child through relinquishment of the child to the agency or involuntary termination of parental rights to the child.
(B)Assesses the birth parents, prospective adoptive parents, or child.
(C)Places children for adoption.
(D)Supervises adoptive placements.
Private full-service adoption agencies shall be organized and operated on a nonprofit basis. As a condition of licensure to provide intercountry adoption services, a full-service adoption agency shall be accredited and in good standing according to Part 96 of Title 22 of the Code of Federal Regulations, or supervised by an accredited primary provider, or acting as an exempted provider, in compliance with Subpart F (commencing with Section 96.29) of Part 96 of Title 22 of the Code of Federal Regulations.
(10)Noncustodial adoption agency means any licensed entity engaged in the business of providing adoption services, that does all of the following:
(A)Assesses the prospective adoptive parents.
(B)Cooperatively matches children freed for adoption, who are under the care, custody, and control of a licensed adoption agency, for adoption, with assessed and approved adoptive applicants.
(C)Cooperatively supervises adoptive placements with a full-service adoptive agency, but does not disrupt a placement or remove a child from a placement.
Private noncustodial adoption agencies shall be organized and operated on a nonprofit basis. As a condition of licensure to provide intercountry adoption services, a noncustodial adoption agency shall be accredited and in good standing according to Part 96 of Title 22 of the Code of Federal Regulations, or supervised by an accredited primary provider, or acting as an exempted provider, in compliance with Subpart F (commencing with Section 96.29) of Part 96 of Title 22 of the Code of Federal Regulations.
(11)Transitional shelter care facility means any group care facility that provides for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. Program components shall be subject to program standards developed by the State Department of Social Services pursuant to Section 1502.3.
(12)Transitional housing placement provider means an organization licensed by the department pursuant to Section 1559.110 and Section 16522.1 of the Welfare and Institutions Code to provide transitional housing to foster children at least 16 years of age and not more than 18 years of age, and nonminor dependents, as defined in subdivision (v) of Section 11400 of the Welfare and Institutions Code, to promote their transition to adulthood. A transitional housing placement provider shall be privately operated and organized on a nonprofit basis.
(13)Group home means a residential facility that provides 24-hour care and supervision to children, delivered at least in part by staff employed by the licensee in a structured environment. The care and supervision provided by a group home shall be nonmedical, except as otherwise permitted by law.
(14)Runaway and homeless youth shelter means a group home licensed by the department to operate a program pursuant to Section 1502.35 to provide voluntary, short-term, shelter and personal services to runaway youth or homeless youth, as defined in paragraph (2) of subdivision (a) of Section 1502.35.
(15)Enhanced behavioral supports home means a facility certified by the State Department of Developmental Services pursuant to Article 3.6 (commencing with Section 4684.80) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code, and licensed by the State Department of Social Services as an adult residential facility or a group home that provides 24-hour nonmedical care to individuals with developmental disabilities who require enhanced behavioral supports, staffing, and supervision in a homelike setting. An enhanced behavioral supports home shall have a maximum capacity of four consumers, shall conform to Section 441.530(a)(1) of Title 42 of the Code of Federal Regulations, and shall be eligible for federal Medicaid home- and community-based services funding.
(16)Community crisis home means a facility certified by the State Department of Developmental Services pursuant to Article 8 (commencing with Section 4698) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code, and licensed by the State Department of Social Services pursuant to Article 9.7 (commencing with Section 1567.80), as an adult residential facility, providing 24-hour nonmedical care to individuals with developmental disabilities receiving regional center service, in need of crisis intervention services, and who would otherwise be at risk of admission to the acute crisis center at Fairview Developmental Center, Sonoma Developmental Center, an acute general hospital, acute psychiatric hospital, an institution for mental disease, as described in Part 5 (commencing with Section 5900) of Division 5 of the Welfare and Institutions Code, or an out-of-state placement. A community crisis home shall have a maximum capacity of eight consumers, as defined in subdivision (a) of Section 1567.80, shall conform to Section 441.530(a)(1) of Title 42 of the Code of Federal Regulations, and shall be eligible for federal Medicaid home- and community-based services funding.
(17)Crisis nursery means a facility licensed by the department to operate a program pursuant to Section 1516 to provide short-term care and supervision for children under six years of age who are voluntarily placed for temporary care by a parent or legal guardian due to a family crisis or stressful situation.
(18)Short-term residential treatment center means a residential facility 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.
(b)Department or state department means the State Department of Social Services.
(c)Director means the Director of Social Services.
SEC. 6.5.Section 1502 of the Health and Safety Code is amended to read:1502.As used in this chapter:
(a)Community care facility means any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and includes the following:
(1)Residential facility means any family home, group care facility, or similar facility determined by the director, for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.
(2)Adult day program means any community-based facility or program that provides care to persons 18 years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of these individuals on less than a 24-hour basis.
(3)Therapeutic day services facility means any facility that provides nonmedical care, counseling, educational or vocational support, or social rehabilitation services on less than a 24-hour basis to persons under 18 years of age who would otherwise be placed in foster care or who are returning to families from foster care. Program standards for these facilities shall be developed by the department, pursuant to Section 1530, in consultation with therapeutic day services and foster care providers.
(4)Foster family agency means any public agency or private organization engaged in the recruiting, certifying, and training of, and providing professional support to, foster parents, or in finding homes or other places for placement of children for temporary or permanent care who require that level of care. Private foster family agencies shall be organized and operated on a nonprofit basis.
(5)Foster family home means any residential facility providing 24-hour care for six or fewer foster children that is owned, leased, or rented and is the residence of the foster parent or parents, including their family, in whose care the foster children have been placed. The placement may be by a public or private child placement agency or by a court order, or by voluntary placement by a parent, parents, or guardian. It also means a foster family home described in Section 1505.2.
(6)Small family home means any residential facility, in the licensees family residence, that provides 24-hour care for six or fewer foster children who have mental disorders or developmental or physical disabilities and who require special care and supervision as a result of their disabilities. A small family home may accept children with special health care needs, pursuant to subdivision (a) of Section 17710 of the Welfare and Institutions Code. In addition to placing children with special health care needs, the department may approve placement of children without special health care needs, up to the licensed capacity.
(7)Social rehabilitation facility means any residential facility that provides social rehabilitation services for no longer than 18 months in a group setting to adults recovering from mental illness who temporarily need assistance, guidance, or counseling. Program components shall be subject to program standards pursuant to Article 1 (commencing with Section 5670) of Chapter 2.5 of Part 2 of Division 5 of the Welfare and Institutions Code.
(8)Community treatment facility means any residential facility that provides mental health treatment services to children in a group setting and that has the capacity to provide secure containment. Program components shall be subject to program standards developed and enforced by the State Department of Health Care Services pursuant to Section 4094 of the Welfare and Institutions Code.
Nothing in this section shall be construed to prohibit or discourage placement of persons who have mental or physical disabilities into any category of community care facility that meets the needs of the individual placed, if the placement is consistent with the licensing regulations of the department.
(9)Full-service adoption agency means any licensed entity engaged in the business of providing adoption services, that does all of the following:
(A)Assumes care, custody, and control of a child through relinquishment of the child to the agency or involuntary termination of parental rights to the child.
(B)Assesses the birth parents, prospective adoptive parents, or child.
(C)Places children for adoption.
(D)Supervises adoptive placements.
Private full-service adoption agencies shall be organized and operated on a nonprofit basis. As a condition of licensure to provide intercountry adoption services, a full-service adoption agency shall be accredited and in good standing according to Part 96 of Title 22 of the Code of Federal Regulations, or supervised by an accredited primary provider, or acting as an exempted provider, in compliance with Subpart F (commencing with Section 96.29) of Part 96 of Title 22 of the Code of Federal Regulations.
(10)Noncustodial adoption agency means any licensed entity engaged in the business of providing adoption services, that does all of the following:
(A)Assesses the prospective adoptive parents.
(B)Cooperatively matches children freed for adoption, who are under the care, custody, and control of a licensed adoption agency, for adoption, with assessed and approved adoptive applicants.
(C)Cooperatively supervises adoptive placements with a full-service adoptive agency, but does not disrupt a placement or remove a child from a placement.
Private noncustodial adoption agencies shall be organized and operated on a nonprofit basis. As a condition of licensure to provide intercountry adoption services, a noncustodial adoption agency shall be accredited and in good standing according to Part 96 of Title 22 of the Code of Federal Regulations, or supervised by an accredited primary provider, or acting as an exempted provider, in compliance with Subpart F (commencing with Section 96.29) of Part 96 of Title 22 of the Code of Federal Regulations.
(11)Transitional shelter care facility means any group care facility that provides for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. Program components shall be subject to program standards developed by the State Department of Social Services pursuant to Section 1502.3.
(12)Transitional housing placement provider means an organization licensed by the department pursuant to Section 1559.110 and Section 16522.1 of the Welfare and Institutions Code to provide transitional housing to foster children at least 16 years of age and not more than 18 years of age, and nonminor dependents, as defined in subdivision (v) of Section 11400 of the Welfare and Institutions Code, to promote their transition to adulthood. A transitional housing placement provider shall be privately operated and organized on a nonprofit basis.
(13)Group home means a residential facility that provides 24-hour care and supervision to children, delivered at least in part by staff employed by the licensee in a structured environment. The care and supervision provided by a group home shall be nonmedical, except as otherwise permitted by law.
(14)Runaway and homeless youth shelter means a group home licensed by the department to operate a program pursuant to Section 1502.35 to provide voluntary, short-term, shelter and personal services to runaway youth or homeless youth, as defined in paragraph (2) of subdivision (a) of Section 1502.35.
(15)Enhanced behavioral supports home means a facility certified by the State Department of Developmental Services pursuant to Article 3.6 (commencing with Section 4684.80) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code, and licensed by the State Department of Social Services as an adult residential facility or a group home that provides 24-hour nonmedical care to individuals with developmental disabilities who require enhanced behavioral supports, staffing, and supervision in a homelike setting. An enhanced behavioral supports home shall have a maximum capacity of four consumers, shall conform to Section 441.530(a)(1) of Title 42 of the Code of Federal Regulations, and shall be eligible for federal Medicaid home- and community-based services funding.
(16)Community crisis home means a facility certified by the State Department of Developmental Services pursuant to Article 8 (commencing with Section 4698) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code, and licensed by the State Department of Social Services pursuant to Article 9.7 (commencing with Section 1567.80), as an adult residential facility, providing 24-hour nonmedical care to individuals with developmental disabilities receiving regional center service, in need of crisis intervention services, and who would otherwise be at risk of admission to the acute crisis center at Fairview Developmental Center, Sonoma Developmental Center, an acute general hospital, acute psychiatric hospital, an institution for mental disease, as described in Part 5 (commencing with Section 5900) of Division 5 of the Welfare and Institutions Code, or an out-of-state placement. A community crisis home shall have a maximum capacity of eight consumers, as defined in subdivision (a) of Section 1567.80, shall conform to Section 441.530(a)(1) of Title 42 of the Code of Federal Regulations, and shall be eligible for federal Medicaid home- and community-based services funding.
(17)Crisis nursery means a facility licensed by the department to operate a program pursuant to Section 1516 to provide short-term care and supervision for children under six years of age who are voluntarily placed for temporary care by a parent or legal guardian due to a family crisis or stressful situation.
(18)Short-term residential treatment center means a residential facility 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.
(19)Private or public residential care facility for youth means a facility or program licensed by the department to operate pursuant to Section 1502.2 to provide nonmedical care, counseling, or educational or vocational support to persons under 18 years of age with social, emotional, behavioral, or mental health issues or disorders.
(b)Department or state department means the State Department of Social Services.
(c)Director means the Director of Social Services.
SEC. 7.Section 1502.4 of the Health and Safety Code is amended to read:1502.4.(a)(1)A community care facility licensed as a group home for children pursuant to this chapter may accept for placement, and provide care and supervision to, a child assessed as seriously emotionally disturbed, as long as the child does not need inpatient care in a licensed health facility.
(2)For the purpose of this chapter, the following definitions shall apply:
(A)Health facility has the meaning set forth in Section 1250.
(B)Seriously emotionally disturbed has the same meaning as that term is used in subdivision (a) of Section 5600.3 of the Welfare and Institutions Code.
(b)If a child described in subdivision (a) is placed into a group home program classified at rate classification level 13 or rate classification level 14 pursuant to Section 11462.01 of the Welfare and Institutions Code, the licensee shall meet both of the following requirements:
(1)The licensee shall agree to accept, for placement into its group home program, only children who have been assessed as seriously emotionally disturbed, by either of the following:
(A)An interagency placement committee, as described in Section 4096 of the Welfare and Institutions Code or by a licensed mental health professional, as defined in subdivision (g) of Section 4096 of the Welfare and Institutions Code.
(B)A licensed mental health professional as defined in subdivision (g) of Section 4096 of the Welfare and Institutions Code if the child is privately placed or only county funded.
(2)The program is certified by the State Department of Health Care Services, pursuant to Section 4096.5 of the Welfare and Institutions Code, as a program that provides mental health treatment services for seriously emotionally disturbed children.
(c)The department shall not evaluate, or have any responsibility or liability with regard to the evaluation of, the mental health treatment services provided pursuant to this section.
(d)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 8.Section 1502.4 is added to the Health and Safety Code, to read:1502.4.(a)A licensed short-term residential treatment center, as defined in paragraph (18) of subdivision (a) of Section 1502, may only accept for placement a child who does not require inpatient care in a licensed health facility and who has been assessed pursuant to Section 11462.01 of the Welfare and Institutions Code as meeting the applicable criteria for placement in a short-term residential treatment center.
(b)A licensed foster family agency, as defined in paragraph (4) of subdivision (a) of Section 1502, may accept for placement a child who does not require inpatient care in a licensed health facility, as defined in Section 1250, and who has been assessed pursuant to Section 11462.01 of the Welfare and Institutions Code as meeting the applicable criteria for placement by a foster family agency.
(c)For the purposes of this chapter, the following definitions shall apply:
(1)Health facility has the meaning set forth in Section 1250.
(2)Seriously emotionally disturbed has the same meaning as that term is used in subdivision (a) of Section 5600.3 of the Welfare and Institutions Code.
(d)The department shall not evaluate, nor have any responsibility or liability with regard to the evaluation of, the mental health treatment services provided pursuant to this section.
(e)This section shall become operative on January 1, 2017.
SEC. 9.Section 1502.45 is added to the Health and Safety Code, immediately following Section 1502.4, to read:1502.45.(a)(1)Notwithstanding Section 1502.4, a community care facility licensed as a group home for children pursuant to this chapter may only accept for placement, and provide care and supervision to, a child assessed as seriously emotionally disturbed as long as the child does not need inpatient care in a licensed health facility, as defined in Section 1250.
(2)For the purpose of this section, the following definitions shall apply:
(A)Health facility has the meaning set forth in Section 1250.
(B)Seriously emotionally disturbed has the same meaning as that term is used in subdivision (a) of Section 5600.3 of the Welfare and Institutions Code.
(b)If a child described in subdivision (a) is placed into a group home program classified at rate classification level 13 or rate classification level 14 pursuant to Section 11462.015 of the Welfare and Institutions Code, the licensee shall meet both of the following requirements:
(1)The licensee shall agree to accept, for placement into its group home program, only children who have been assessed as seriously emotionally disturbed by either of the following:
(A)An interagency placement committee, as described in Section 4096.1 of the Welfare and Institutions Code or by a licensed mental health professional, as defined in subdivision (g) of Section 4096 of the Welfare and Institutions Code.
(B)A licensed mental health professional as defined in subdivision (g) of Section 4096 of the Welfare and Institutions Code if the child is privately placed or only county funded.
(2)The program is certified by the State Department of Health Care Services, pursuant to Section 4096.55 of the Welfare and Institutions Code, as a program that provides mental health treatment services for seriously emotionally disturbed children.
(c)The department shall not evaluate, or have any responsibility or liability with regard to the evaluation of, the mental health treatment services provided pursuant to this section.
(d)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 of the Welfare and Institutions Code.
(e)This section shall become operative on January 1, 2017.
(f)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. 10.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 foster family agency functions may use only a certified family home that has been certified by that agency or a licensed foster family home approved for this use by the licensing county pursuant to Section 1506.5.
(2)Any home selected and certified 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 subject to Section 1508. A certified family home may not be concurrently 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 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. The determination regarding whether and how long he or she may remain as a resident after the age of 18 years shall be made through the agreement of all parties involved, including the resident, the foster parent, the foster family agency social worker, the residents regional center case manager, and the residents parent, legal guardian, or conservator, as appropriate. This determination shall include a needs and service plan that contains an assessment of the childs 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 childs 18th birthday. The assessment shall be documented and maintained in the childs file with the foster family agency.
(b)(1)A foster family agency shall certify to the department that the home has met the departments licensing standards. A foster family agency may require a 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 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.
(c)As used in this chapter, certified family home means a family residence certified by a licensed foster family agency and issued a certificate of approval by that agency as meeting licensing standards, and used only by that foster family agency for placements.
(d)(1)Requirements for social work personnel for a foster family agency shall be a masters 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 masters 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 masters 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)For purposes of this section, social work personnel means supervising social workers as well as nonsupervisory social workers.
SEC. 11.Section 1506.1 is added to the Health and Safety Code, to read:1506.1.(a)A foster family agency shall prepare and maintain a current, written plan of operation as required by the department.
(b)(1)On and after January 1, 2017, a foster family agency shall have national accreditation from an entity identified by the department pursuant to the process described in paragraph (8) of subdivision (b) of Section 11463 of the Welfare and Institutions Code.
(2)Notwithstanding paragraph (1), the department may issue a provisional license to a foster family agency and may extend the term of the provisional license in order for the foster family agency to secure accreditation as set forth in subdivision (c) of Section 1525.5.
(c)(1)On and after January 1, 2017, a foster family agencys plan of operation shall demonstrate the foster family agencys ability to support the differing needs of children and their families.
(2)On and after January 1, 2017, a foster family agencys 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 agencys plan of operation shall include a program statement. The program statement shall contain a description of all of the following:
(A)The core services and supports, as set forth in paragraph (5) of subdivision (b) of Section 11463 of the Welfare and Institutions Code, and as prescribed by the department, to be offered to children and their families, as appropriate or as necessary.
(B)The treatment practices that will be used in serving children and families.
(C)The procedures for the development, implementation, and periodic updating of the needs and services plan for children placed with the foster family agency or served by the foster family agency, and procedures for collaborating with the child and family team as described in paragraph (4) of subdivision (a) of Section 16501 of the Welfare and Institutions Code, that includes, but is not limited to, a description of the services to be provided to meet the treatment needs of children assessed pursuant to subdivision (d) or (e) of Section 11462.01 of the Welfare and Institutions Code.
(D)How the foster family agency will comply with the resource family approval standards and requirements, as set forth in Section 16519.5 of the Welfare and Institutions Code.
(E)A description of the population or populations to be served.
(F)Any other information that may be prescribed by the department for the proper administration of this section.
(d)In addition to the rules and regulations adopted pursuant to this chapter, a county licensed to operate a foster family agency shall describe, in the plan of operation, its conflict-of-interest mitigation plan, on and after January 1, 2017, as set forth in subdivision (g) of Section 11462.02 of the Welfare and Institutions Code.
(e)The foster family agencys plan of operation shall demonstrate the foster family agencys ability to provide treatment services to meet the individual needs of children placed in licensed, approved, or certified relative and nonrelative foster families, as specified in Section 11402 of the Welfare and Institutions Code.
(f)The department shall have the authority to inspect a foster family agency pursuant to the system of governmental monitoring and oversight developed by the department on and after January 1, 2017, pursuant to subdivision (c) of Section 11463 of the Welfare and Institutions Code.
(g)The department shall establish procedures for a county review process, at the countys option, for foster family agencies, which may include the review of the foster family agencys 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. 12.Section 1507.25 of the Health and Safety Code is amended to read:1507.25.(a)(1)Notwithstanding any other law, a person described in paragraph (2), who is not a licensed health care professional, but who is trained to administer injections by a licensed health care professional practicing within his or her scope of practice, may administer emergency medical assistance and injections for severe diabetic hypoglycemia and anaphylactic shock to a foster child in placement.
(2)The following individuals shall be authorized to administer emergency medical assistance and injections in accordance with this subdivision:
(A)A relative caregiver.
(B)A nonrelative extended family member.
(C)A foster family home parent.
(D)A member of a resource family, as defined in subdivision (c) of Section 16519.5 of the Welfare and Institutions Code.
(E)A small family home parent.
(F)A certified parent of a foster family agency.
(G)A substitute caregiver of a foster family home or a certified family home.
(H)A staff member of a small family home or a group home who provides direct care and supervision to children and youth residing in the small family home or group home.
(I)A 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.
(3)The licensed health care professional shall periodically review, correct, or update training provided pursuant to this section as he or she deems necessary and appropriate.
(b)(1)Notwithstanding any other law, a person described in paragraph (2), who is not a licensed health care professional, but who is trained to administer injections by a licensed health care professional practicing within his or her scope of practice, may administer subcutaneous injections of other medications, including insulin, as prescribed by the childs physician, to a foster child in placement.
(2)The following individuals shall be authorized to give prescribed injections including insulin in accordance with this subdivision:
(A)A relative caregiver.
(B)A nonrelative extended family member.
(C)A foster family home parent.
(D)A member of a resource family, as defined in subdivision (c) of Section 16519.5 of the Welfare and Institutions Code.
(E)A small family home parent.
(F)A certified parent of a foster family agency.
(G)In the absence of a foster parent, a designated substitute caregiver in a foster family home or a certified family home.
(H)A direct care 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.
(3)The licensed health care professional shall periodically review, correct, or update training provided pursuant to this section as he or she deems necessary and appropriate.
(c)For purposes of this section, administration of an insulin injection shall include all necessary supportive activities related to the preparation and administration of the injection, including glucose testing and monitoring.
(d)Notwithstanding Part 5.5 (commencing with Section 17700) of Division 9 of, and particularly subdivision (g) of Section 17710 of, the Welfare and Institutions Code, a childs need to receive injections pursuant to this section shall not be the sole basis for determining that the child has a medical condition requiring specialized in-home health care.
(e)This section does not supersede the requirements of Section 369.5 of the Welfare and Institutions Code, with respect to the administration of psychotropic medication to a dependent child of the court.
SEC. 13.Section 1517 is added to the Health and Safety Code, to read:1517.(a)(1)Pursuant to subdivision (a) of Section 16519.5 of the Welfare and Institutions Code, the State Department of Social Services, shall implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, approving relatives and nonrelative extended family members as foster care providers, and approving adoptive families.
(2)For purposes of this section, a resource family means an individual or couple 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)A foster family agency that is selected and authorized to participate in early implementation of the resource family approval program, pursuant to subdivision (t) of Section 16519.5 of the Welfare and Institutions Code, shall comply with the provisions of this section.
(1)Notwithstanding any other law, the 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 adopted thereto, and other applicable laws prior to approval and in order to maintain approval.
(2)The foster family agency shall be responsible for all of the following:
(A)Complying with the applicable provisions of this chapter, the regulations for foster family agencies, the resource family approval standards and requirements set forth in Section 16519.5 of the Welfare and Institutions Code, and the applicable written directives adopted thereto as directed by the department.
(B)Implementing the requirements for the resource family approval and utilizing standardized documentation established by the department.
(C)Ensuring staff have the education and experience necessary to complete the home environment and psychosocial assessments competently.
(D)Taking the following actions, as applicable:
(i)Approving or denying resource family applications.
(ii)Rescinding approvals of resource families.
(E)Providing to the department a log of resource families that were approved or rescinded during the month by the 10th day of the following month. For purposes of subdivision (d) of Section 1536, a certified family home includes a resource family approved by the foster family agency pursuant to this section.
(F)Updating resource family approval annually.
(G)Monitoring resource families through all of the following:
(i)Ensuring that social workers who identify a condition in the home that may not meet the resource family approval standards while in the course of a routine visit to children subsequently placed with a resource family take appropriate action as needed.
(ii)Requiring resource families to comply with corrective action plans as necessary to correct identified deficiencies. If corrective action is not completed as specified in the plan, the foster family agency or the department may rescind the approval of the resource family in accordance with the written directives 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 adopted pursuant to Section 16519.5 of the Welfare and Institutions Code.
(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 (9) of subdivision (f) of Section 16519.5 of the Welfare and Institutions Code.
(J)Ensuring resource family applicants and resource families meet the training requirements set forth in paragraphs (12) to (14), inclusive, of subdivisions (g) and (h) of Section 16519.5 of the Welfare and Institutions Code.
(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)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 adopted pursuant to Section 16519.5 of the Welfare and Institutions Code.
(2)Rescinding approvals of a resource family approved by a foster family agency.
(3)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.
(4)Issuing a temporary suspension order that suspends the resource family approval prior to a hearing, when urgent action is needed to protect a child or nonminor dependent from physical or mental abuse, abandonment, or any other substantial threat to health or safety.
(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 Section 16519.5 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)(1)On and after January 1, 2017, all licensed foster family agencies shall approve resource families in lieu of certifying foster homes. A foster family agency shall require its applicants and resource families to meet the resource family approval standards and requirements set forth in Section 16519.5 of the Welfare and Institutions Code, the written directives adopted thereto, and other applicable laws prior to approval and in order to maintain approval.
(2)No later than July 1, 2017, each foster family agency shall provide the following information to all certified family homes:
(A)A detailed description of the resource family approval program.
(B)Notification that, in order to care for a foster child, resource family approval is required by December 31, 2019.
(C)Notification that a certificate of approval shall be forfeited by operation of law as provided for in paragraph (5).
(3)By no later than January 1, 2018, the following shall apply to all certified family homes:
(A)A certified family home with an approved adoptive home study, completed prior to January 1, 2018, shall be deemed to be an approved resource family.
(B)A certified family home that had a child in placement for any length of time, between January 1, 2017, and December 31, 2017, inclusive, may be approved as a resource family on the date of successful completion of a psychosocial assessment pursuant to subparagraph (B) of paragraph (2) of subdivision (d) of Section 16519.5 of the Welfare and Institutions Code.
(4)A foster family agency may provide supportive services to all certified family homes with a child in placement to assist with the resource family transition and to minimize placement disruptions.
(5)All certificates of approval shall be forfeited by operation of law on December 31, 2019, except as provided in this paragraph:
(A)A certified family home that did not have a child in placement for any length of time between January 1, 2017, and December 31, 2017, inclusive, shall forfeit by operation of law its certificate of approval on January 1, 2018.
(B)For a certified family home with a pending resource family application on December 31, 2019, the certificate of approval shall be forfeited by operation of law on the date of approval as a resource family. If approval is denied, forfeiture by operation of law shall occur on the date of completion of any proceedings required by law to ensure due process.
SEC. 14.Section 1520.1 of the Health and Safety Code is amended to read:1520.1.In addition to Section 1520, applicants for a group home or short-term residential treatment center license shall meet the following requirements:
(a)(1)During the first 12 months of operation, the facility shall operate with a provisional license. After eight months of operation, the department shall conduct a comprehensive review of the facility for compliance with all applicable laws and regulations and help develop a plan of correction with the provisional licensee, if appropriate. By the end of the 12th month of operation, the department shall determine if the permanent license should be issued.
(2)If the department determines that the group home or short-term residential treatment center is in substantial compliance with licensing standards, notwithstanding Section 1525.5, the department may extend the provisional license for up to an additional six months for either of the following reasons:
(A)The group home or short-term residential treatment center requires additional time to be in full compliance with licensing standards.
(B)After 12 months of operation, the group home or short-term residential treatment center is not operating at 50 percent of its licensed capacity.
(3)By no later than the first business day of the 17th month of operation, the department shall conduct an additional review of a facility for which a provisional license is extended pursuant to paragraph (2), in order to determine whether a permanent license should be issued.
(4)At the time of its review pursuant to paragraph (3), the department may extend the term of a provisional license for a period not to exceed two years, only if it determines that this additional time period is required to secure accreditation from an entity identified by the department pursuant to the process described in paragraph (5) of subdivision (b) of Section 11462 of the Welfare and Institutions Code and provided that all other requirements for a license have been met.
(5)The department may deny a group home or short-term residential treatment center license application at any time during the term of the provisional license to protect the health and safety of clients. If the department denies the application, the group home or short-term residential treatment center shall cease operation immediately. Continued operation of the facility after the department denies the application or the provisional license expires shall constitute unlicensed operation.
(6)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 homes or short-term residential treatment centers operation may be filed.
(b)(1)After the production of the booklet provided for in paragraph (2), every member of the group homes board of directors or governing body and every member of a short-term residential treatment centers 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 homes or short-term residential treatment centers 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 providers or short-term residential treatment center providers 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 homes or short-term residential treatment centers operation that are enforced by the department.
(c)All financial records submitted by a facility to the department, or that are submitted as part of an audit of the facility, including, but not limited to, employee timecards and timesheets, shall be signed and dated by the employee and by the group home representative or short-term residential treatment center representative who is responsible for ensuring the accuracy of the information contained in the record, or when a time clock is used, the payroll register shall be signed and dated, and those financial records shall contain an affirmative statement that the signatories understand that the information contained in the document is correct to the best of their knowledge and that submission of false or misleading information may be prosecuted as a crime.
(d)An applicant, provisional licensee, or licensee shall maintain, submit, and sign financial documents to verify the legitimacy and accuracy of these documents. These documents include, but are not limited to, the group home or short-term residential treatment center application, any financial documents and plans of corrections submitted to the department, and time sheets.
(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 facilitys 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 boards or governing bodys discussion of these documents and the group homes or short-term residential treatment centers operation. The licensee shall make available the minutes of group homes or short-term residential treatment centers board of directors or governing body meetings to the department.
SEC. 15.Section 1520.5 of the Health and Safety Code is amended to read:1520.5.(a)The Legislature hereby declares it to be the policy of the state to prevent overconcentrations of residential facilities that impair the integrity of residential neighborhoods. Therefore, the department shall deny an application for a new residential facility license if the department determines that the location is in a proximity to an existing residential facility that would result in overconcentration.
(b)As used in this section, overconcentration means that if a new license is issued, there will be residential facilities that are separated by a distance of 300 feet or less, as measured from any point upon the outside walls of the structures housing those facilities. Based on special local needs and conditions, the department may approve a separation distance of less than 300 feet with the approval of the city or county in which the proposed facility will be located.
(c)At least 45 days prior to approving any application for a new residential facility, the department, or county licensing agency, shall notify, in writing, the planning agency of the city, if the facility is to be located in the city, or the planning agency of the county, if the facility is to be located in an unincorporated area, of the proposed location of the facility.
(d)Any city or county may request denial of the license applied for on the basis of overconcentration of residential facilities.
(e)Nothing in this section authorizes the department, on the basis of overconcentration, to refuse to grant a license upon a change of ownership of an existing residential facility when there is no change in the location of the facility.
(f)Foster family homes and residential facilities for the elderly shall not be considered in determining overconcentration of residential facilities, and license applications for those facilities shall not be denied upon the basis of overconcentration.
(g)Transitional shelter care facilities and temporary shelter care facilities shall not be considered in determining overconcentration of residential facilities, and license applications for those facilities shall not be denied upon the basis of overconcentration.
SEC. 16.Section 1522.2 of the Health and Safety Code is amended to read:1522.2.If a local law enforcement agency, a probation officer, or a local department or agency that provides social services becomes aware that an employee of a community treatment facility, a day treatment facility, a group home, a short-term residential treatment center, or a foster family agency has been arrested for child abuse, as defined in Section 11165.6 of the Penal Code, after determining that the potential for abuse is present and that the employee is free to return to the facility where children are present, the local law enforcement agency, probation officer, or local department or agency shall notify the licensee of the charge of abuse.
SEC. 17.Section 1522.4 of the Health and Safety Code is amended to read:1522.4.(a)In addition to any other requirements of this chapter and except for foster family homes, small family homes, and certified family homes of foster family agencies, all of the following apply to any community care facility providing 24-hour care for children:
(1)The facility shall have one or more facility managers. Facility manager, as used in this section, means a person on the premises with the authority and responsibility necessary to manage and control the day-to-day operation of a community care facility and supervise the clients. The facility manager, licensee, and administrator, or any combination thereof, may be the same person provided he or she meets all applicable requirements. If the administrator is also the facility manager for the same facility, this person shall be limited to the administration and management of only one facility.
(2)The facility manager shall have at least one year of experience working with the client group served, or equivalent education or experience, as determined by the department.
(3)A facility manager shall be at the facility at all times when one or more clients are present. To ensure adequate supervision of clients when clients are at the facility outside of their normal schedule, a current telephone number where the facility manager can be reached shall be provided to the clients, licensing agency, school, and any other agency or person as the department determines is necessary. The facility manager shall instruct these agencies and individuals to notify him or her when clients will be returning to the facility outside of the normal hours.
(4)The Legislature intends to upgrade the quality of care in licensed facilities. For the purposes of Sections 1533 and 1534, the licensed facility shall be inspected and evaluated for quality of care at least once each year, without advance notice and as often as necessary, without advance notice, to ensure the quality of care being provided.
Paragraphs (1), (2), and (3) shall apply only to new facilities licensed for six or fewer children which apply for a license after January 1, 1985, and all other new facilities licensed for seven or more children which apply for a license after January 1, 1988. Existing facilities licensed for seven or more children shall comply by January 1, 1989.
(b)No employee of the state or county employed in the administration of this chapter or employed in a position that is in any way concerned with facilities licensed under this chapter shall hold a license or have a direct or indirect financial interest in a facility described in subdivision (a).
The department, by regulation, shall make the determination pursuant to the purposes of this section and chapter, as to what employment is in the administration of this chapter or in any way concerned with facilities licensed under this chapter and what financial interest is direct or indirect.
This subdivision does not prohibit the state or county from securing a license for, or operating, a facility that is otherwise required to be licensed under this chapter.
(c)(1)No group home, short-term residential treatment center, or foster family agency licensee, or employee, member of the board of directors, or officer of a group home, short-term residential treatment center, or foster family agency licensee, shall offer gifts or other remuneration of any type to any employee of the State Department of Social Services or placement agency that exceeds the monetary limits for gifts to employees of the State of California pursuant to Title 9 (commencing with Section 81000) of the Government Code and regulations adopted thereunder by the Fair Political Practices Commission.
(2)No employee of the department or a placement agency shall accept any gift or other remuneration of any type from a group home, short-term residential treatment center, or foster family agency licensee or employee, member of the board of directors, or officer of a group home, short-term residential treatment center, or foster family agency licensee that exceeds the monetary limits for gifts to employees of the State of California in Title 9 (commencing with Section 81000) of the Government Code and regulations adopted thereunder by the Fair Political Practices Commission.
(3)Violation of this subdivision is punishable as a misdemeanor.
SEC. 18.Section 1522.41 of the Health and Safety Code is amended to read:1522.41.(a)(1)The department, in consultation and collaboration with county placement officials, group home provider organizations, the Director of Health Care Services, and the Director of Developmental Services, shall develop and establish an administrator certification training program to ensure that administrators of group home facilities have appropriate training to provide the care and services for which a license or certificate is issued.
(2)The department shall develop and establish an administrator certification training program to ensure that administrators of short-term residential treatment center facilities have appropriate training to provide the care and services for which a license or certificate is issued.
(b)(1)In addition to any other requirements or qualifications required by the department, an administrator of a group home or short-term residential treatment center shall successfully complete a specified department-approved training certification program, pursuant to subdivision (c), prior to employment.
(2)In those cases where the individual is both the licensee and the administrator of a facility, the individual shall comply with all of the licensee and administrator requirements of this section.
(3)Failure to comply with this section shall constitute cause for revocation of the license of the facility.
(4)The licensee shall notify the department within 10 days of any change in administrators.
(c)(1)The administrator certification programs for group homes shall require a minimum of 40 hours of classroom instruction that provides training on a uniform core of knowledge in each of the following areas:
(A)Laws, regulations, and policies and procedural standards that impact the operations of the type of facility for which the applicant will be an administrator.
(B)Business operations.
(C)Management and supervision of staff.
(D)Psychosocial and educational needs of the facility residents.
(E)Community and support services.
(F)Physical needs of facility residents.
(G) Assistance with self-administration, storage, misuse, and interaction of medication used by facility residents.
(H)Resident admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(I)Instruction on cultural competency and sensitivity 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.
(J)Nonviolent emergency intervention and reporting requirements.
(K)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(2)The administrator certification programs for short-term residential treatment centers shall require a minimum of 40 hours of classroom instruction that provides training on a uniform core of knowledge in each of the following areas:
(A)Laws, regulations, and policies and procedural standards that impact the operations of the type of facility for which the applicant will be an administrator.
(B)Business operations and management and supervision of staff, including staff training.
(C)Physical and psychosocial needs of the children, including behavior management, de-escalation techniques, and trauma informed crisis management planning.
(D)Permanence, well-being, and educational needs of the children.
(E)Community and support services, including accessing local behavioral and mental health supports and interventions, substance use disorder treatments, and culturally relevant services, as appropriate.
(F)Understanding the requirements and best practices regarding psychotropic medications, including, but not limited to, court authorization, uses, benefits, side effects, interactions, assistance with self-administration, misuse, documentation, storage, and metabolic monitoring of children prescribed psychotropic medications.
(G)Admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(H)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 as including culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership, and connection to the tribal community and traditions.
(I)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.
(J)Nonviolent emergency intervention and reporting requirements.
(K)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(d)Administrators who possess a valid group home license, issued by the department, are exempt from completing an approved initial certification training program and taking a written test, provided the individual completes 12 hours of classroom instruction in the following uniform core of knowledge areas:
(1)Laws, regulations, and policies and procedural standards that impact the operations of a short-term residential treatment center.
(2)(A)Authorization, uses, benefits, side effects, interactions, assistance with self-administration, misuse, documentation, and storage of medications.
(B)Metabolic monitoring of children prescribed psychotropic medications.
(3)Admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(4)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 as including culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership, and connection to the tribal community and traditions.
(5)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.
(6)Physical and psychosocial needs of children, including behavior management, deescalation techniques, and trauma informed crisis management planning.
(e)Individuals applying for administrator certification under this section shall successfully complete an approved administrator certification training program, pass a written test administered by the department within 60 days of completing the program, and submit to the department the documentation required by subdivision (f) within 30 days after being notified of having passed the test. The department may extend these time deadlines for good cause. The department shall notify the applicant of his or her test results within 30 days of administering the test.
(f)The department shall not begin the process of issuing a certificate until receipt of all of the following:
(1)A certificate of completion of the administrator training required pursuant to this chapter.
(2)The fee required for issuance of the certificate. A fee of one hundred dollars ($100) shall be charged by the department to cover the costs of processing the application for certification.
(3)Documentation from the applicant that he or she has passed the written test.
(4)Submission of fingerprints pursuant to Section 1522. The department may waive the submission for those persons who have a current clearance on file.
(5)That person is at least 21 years of age.
(g)It shall be unlawful for any person not certified under this section to hold himself or herself out as a certified administrator of a group home or short-term residential treatment center. Any person willfully making any false representation as being a certified administrator or facility manager is guilty of a misdemeanor.
(h)(1)Certificates issued under this section shall be renewed every two years and renewal shall be conditional upon the certificate holder submitting documentation of completion of 40 hours of continuing education related to the core of knowledge specified in subdivision (c). No more than one-half of the required 40 hours of continuing education necessary to renew the certificate may be satisfied through online courses. All other continuing education hours shall be completed in a classroom setting. For purposes of this section, an individual who is a group home or short-term residential treatment center administrator and who is required to complete the continuing education hours required by the regulations of the State Department of Developmental Services, and approved by the regional center, may have up to 24 of the required continuing education course hours credited toward the 40-hour continuing education requirement of this section. The department shall accept for certification, community college course hours approved by the regional centers.
(2)Every administrator of a group home or short-term residential treatment center shall complete the continuing education requirements of this subdivision.
(3)Certificates issued under this section shall expire every two years on the anniversary date of the initial issuance of the certificate, except that any administrator receiving his or her initial certification on or after July 1, 1999, shall make an irrevocable election to have his or her recertification date for any subsequent recertification either on the date two years from the date of issuance of the certificate or on the individuals birthday during the second calendar year following certification. The department shall send a renewal notice to the certificate holder 90 days prior to the expiration date of the certificate. If the certificate is not renewed prior to its expiration date, reinstatement shall only be permitted after the certificate holder has paid a delinquency fee equal to three times the renewal fee and has provided evidence of completion of the continuing education required.
(4)To renew a certificate, the certificate holder shall, on or before the certificate expiration date, request renewal by submitting to the department documentation of completion of the required continuing education courses and pay the renewal fee of one hundred dollars ($100), irrespective of receipt of the departments notification of the renewal. A renewal request postmarked on or before the expiration of the certificate shall be proof of compliance with this paragraph.
(5)A suspended or revoked certificate shall be subject to expiration as provided for in this section. If reinstatement of the certificate is approved by the department, the certificate holder, as a condition precedent to reinstatement, shall submit proof of compliance with paragraphs (1) and (2) of this subdivision, and shall pay a fee in an amount equal to the renewal fee, plus the delinquency fee, if any, accrued at the time of its revocation or suspension. Delinquency fees, if any, accrued subsequent to the time of its revocation or suspension and prior to an order for reinstatement, shall be waived for a period of 12 months to allow the individual sufficient time to complete the required continuing education units and to submit the required documentation. Individuals whose certificates will expire within 90 days after the order for reinstatement may be granted a three-month extension to renew their certificates during which time the delinquency fees shall not accrue.
(6)A certificate that is not renewed within four years after its expiration shall not be renewed, restored, reissued, or reinstated except upon completion of a certification training program, passing any test that may be required of an applicant for a new certificate at that time, and paying the appropriate fees provided for in this section.
(7)A fee of twenty-five dollars ($25) shall be charged for the reissuance of a lost certificate.
(8)A certificate holder shall inform the department of his or her employment status and change of mailing address within 30 days of any change.
(i)Unless otherwise ordered by the department, the certificate shall be considered forfeited under either of the following conditions:
(1)The department has revoked any license held by the administrator after the department issued the certificate.
(2)The department has issued an exclusion order against the administrator pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897, after the department issued the certificate, and the administrator did not appeal the exclusion order or, after the appeal, the department issued a decision and order that upheld the exclusion order.
(j)(1)The department, in consultation and collaboration with county placement officials, provider organizations, the State Department of Health Care Services, and the State Department of Developmental Services, shall establish, by regulation, the program content, the testing instrument, the process for approving administrator certification training programs, and criteria to be used in authorizing individuals, organizations, or educational institutions to conduct certification training programs and continuing education courses. The department may also grant continuing education hours for continuing courses offered by accredited educational institutions that are consistent with the requirements in this section. The department may deny vendor approval to any agency or person in any of the following circumstances:
(A)The applicant has not provided the department with evidence satisfactory to the department of the ability of the applicant to satisfy the requirements of vendorization set out in the regulations adopted by the department.
(B)The applicant person or agency has a conflict of interest in that the person or agency places its clients in group homes or short-term residential treatment centers.
(C)The applicant public or private agency has a conflict of interest in that the agency is mandated to place clients in group homes or short-term residential treatment centers and to pay directly for the services. The department may deny vendorization to this type of agency only as long as there are other vendor programs available to conduct the certification training programs and conduct education courses.
(2)The department may authorize vendors to conduct the administrators certification training program pursuant to this section. The department shall conduct the written test pursuant to regulations adopted by the department.
(3)The department shall prepare and maintain an updated list of approved training vendors.
(4)The department may inspect administrator certification training programs and continuing education courses, including online courses, at no charge to the department, to determine if content and teaching methods comply with regulations. If the department determines that any vendor is not complying with the requirements of this section, the department shall take appropriate action to bring the program into compliance, which may include removing the vendor from the approved list.
(5)The department shall establish reasonable procedures and timeframes not to exceed 30 days for the approval of vendor training programs.
(6)The department may charge a reasonable fee, not to exceed one hundred fifty dollars ($150) every two years, to certification program vendors for review and approval of the initial 40-hour training program pursuant to subdivision (c). The department may also charge the vendor a fee, not to exceed one hundred dollars ($100) every two years, for the review and approval of the continuing education courses needed for recertification pursuant to this subdivision.
(7)(A)A vendor of online programs for continuing education shall ensure that each online course contains all of the following:
(i)An interactive portion in which the participant receives feedback, through online communication, based on input from the participant.
(ii)Required use of a personal identification number or personal identification information to confirm the identity of the participant.
(iii)A final screen displaying a printable statement, to be signed by the participant, certifying that the identified participant completed the course. The vendor shall obtain a copy of the final screen statement with the original signature of the participant prior to the issuance of a certificate of completion. The signed statement of completion shall be maintained by the vendor for a period of three years and be available to the department upon demand. Any person who certifies as true any material matter pursuant to this clause that he or she knows to be false is guilty of a misdemeanor.
(B)Nothing in this subdivision shall prohibit the department from approving online programs for continuing education that do not meet the requirements of subparagraph (A) if the vendor demonstrates to the departments satisfaction that, through advanced technology, the course and the course delivery meet the requirements of this section.
(k)The department shall establish a registry for holders of certificates that shall include, at a minimum, information on employment status and criminal record clearance.
(l)Notwithstanding any law to the contrary, vendors approved by the department who exclusively provide either initial or continuing education courses for certification of administrators of a group home or short-term residential treatment center as defined by regulations of the department, an adult residential facility as defined by regulations of the department, or a residential care facility for the elderly as defined in subdivision (k) of Section 1569.2, shall be regulated solely by the department pursuant to this chapter. No other state or local governmental entity shall be responsible for regulating the activity of those vendors.
SEC. 18.5.Section 1522.41 of the Health and Safety Code is amended to read:1522.41.(a)(1)The department, in consultation and collaboration with county placement officials, group home provider organizations, the Director of Health Care Services, and the Director of Developmental Services, shall develop and establish an administrator certification training program to ensure that administrators of group home facilities have appropriate training to provide the care and services for which a license or certificate is issued.
(2)The department shall develop and establish an administrator certification training program to ensure that administrators of short-term residential treatment center facilities have appropriate training to provide the care and services for which a license or certificate is issued.
(b)(1)In addition to any other requirements or qualifications required by the department, an administrator of a group home or short-term residential treatment center shall successfully complete a specified department-approved training certification program, pursuant to subdivision (c), prior to employment.
(2)In those cases when the individual is both the licensee and the administrator of a facility, the individual shall comply with all of the licensee and administrator requirements of this section.
(3)Failure to comply with this section shall constitute cause for revocation of the license of the facility.
(4)The licensee shall notify the department within 10 days of any change in administrators.
(c)(1)The administrator certification programs for group homes shall require a minimum of 40 hours of classroom instruction that provides training on a uniform core of knowledge in each of the following areas:
(A)Laws, regulations, and policies and procedural standards that impact the operations of the type of facility for which the applicant will be an administrator.
(B)Business operations.
(C)Management and supervision of staff.
(D)Psychosocial and educational needs of the facility residents, including, but not limited to, the information described in subdivision (d) of Section 16501.4 of the Welfare and Institutions Code.
(E)Community and support services.
(F)Physical needs of facility residents.
(G)Assistance with self-administration, storage, misuse, and interaction of medication used by facility residents.
(H)Resident admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(I)Instruction on cultural competency and sensitivity 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.
(J)Nonviolent emergency intervention and reporting requirements.
(K)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(2)The administrator certification programs for short-term residential treatment centers shall require a minimum of 40 hours of classroom instruction that provides training on a uniform core of knowledge in each of the following areas:
(A)Laws, regulations, and policies and procedural standards that impact the operations of the type of facility for which the applicant will be an administrator.
(B)Business operations and management and supervision of staff, including staff training.
(C)Physical and psychosocial needs of the children, including behavior management, de-escalation techniques, and trauma informed crisis management planning.
(D)Permanence, well-being, and educational needs of the children.
(E)Community and support services, including accessing local behavioral and mental health supports and interventions, substance use disorder treatments, and culturally relevant services, as appropriate.
(F)Understanding the requirements and best practices regarding psychotropic medications, including, but not limited to, court authorization, uses, benefits, side effects, interactions, assistance with self-administration, misuse, documentation, storage, and metabolic monitoring of children prescribed psychotropic medications.
(G)Admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(H)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 as including culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership, and connection to the tribal community and traditions.
(I)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.
(J)Nonviolent emergency intervention and reporting requirements.
(K)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(d)Administrators who possess a valid group home license, issued by the department, are exempt from completing an approved initial certification training program and taking a written test, provided the individual completes 12 hours of classroom instruction in the following uniform core of knowledge areas:
(1)Laws, regulations, and policies and procedural standards that impact the operations of a short-term residential treatment center.
(2)(A)Authorization, uses, benefits, side effects, interactions, assistance with self-administration, misuse, documentation, and storage of medications.
(B)Metabolic monitoring of children prescribed psychotropic medications.
(3)Admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(4)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 as including culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership, and connection to the tribal community and traditions.
(5)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.
(6)Physical and psychosocial needs of children, including behavior management, deescalation techniques, and trauma informed crisis management planning.
(e)Individuals applying for administrator certification under this section shall successfully complete an approved administrator certification training program, pass a written test administered by the department within 60 days of completing the program, and submit to the department the documentation required by subdivision (f) within 30 days after being notified of having passed the test. The department may extend these time deadlines for good cause. The department shall notify the applicant of his or her test results within 30 days of administering the test.
(f)The department shall not begin the process of issuing a certificate until receipt of all of the following:
(1)A certificate of completion of the administrator training required pursuant to this chapter.
(2)The fee required for issuance of the certificate. A fee of one hundred dollars ($100) shall be charged by the department to cover the costs of processing the application for certification.
(3)Documentation from the applicant that he or she has passed the written test.
(4)Submission of fingerprints pursuant to Section 1522. The department may waive the submission for those persons who have a current clearance on file.
(5)That person is at least 21 years of age.
(g)It shall be unlawful for any person not certified under this section to hold himself or herself out as a certified administrator of a group home or short-term residential treatment center. Any person willfully making any false representation as being a certified administrator or facility manager is guilty of a misdemeanor.
(h)(1)Certificates issued under this section shall be renewed every two years and renewal shall be conditional upon the certificate holder submitting documentation of completion of 40 hours of continuing education related to the core of knowledge specified in subdivision (c). No more than one-half of the required 40 hours of continuing education necessary to renew the certificate may be satisfied through online courses. All other continuing education hours shall be completed in a classroom setting. For purposes of this section, an individual who is a group home or short-term residential treatment center administrator and who is required to complete the continuing education hours required by the regulations of the State Department of Developmental Services, and approved by the regional center, may have up to 24 of the required continuing education course hours credited toward the 40-hour continuing education requirement of this section. The department shall accept for certification, community college course hours approved by the regional centers.
(2)Every administrator of a group home or short-term residential treatment center shall complete the continuing education requirements of this subdivision.
(3)Certificates issued under this section shall expire every two years on the anniversary date of the initial issuance of the certificate, except that any administrator receiving his or her initial certification on or after July 1, 1999, shall make an irrevocable election to have his or her recertification date for any subsequent recertification either on the date two years from the date of issuance of the certificate or on the individuals birthday during the second calendar year following certification. The department shall send a renewal notice to the certificate holder 90 days prior to the expiration date of the certificate. If the certificate is not renewed prior to its expiration date, reinstatement shall only be permitted after the certificate holder has paid a delinquency fee equal to three times the renewal fee and has provided evidence of completion of the continuing education required.
(4)To renew a certificate, the certificate holder shall, on or before the certificate expiration date, request renewal by submitting to the department documentation of completion of the required continuing education courses and pay the renewal fee of one hundred dollars ($100), irrespective of receipt of the departments notification of the renewal. A renewal request postmarked on or before the expiration of the certificate shall be proof of compliance with this paragraph.
(5)A suspended or revoked certificate shall be subject to expiration as provided for in this section. If reinstatement of the certificate is approved by the department, the certificate holder, as a condition precedent to reinstatement, shall submit proof of compliance with paragraphs (1) and (2) of this subdivision, and shall pay a fee in an amount equal to the renewal fee, plus the delinquency fee, if any, accrued at the time of its revocation or suspension. Delinquency fees, if any, accrued subsequent to the time of its revocation or suspension and prior to an order for reinstatement, shall be waived for a period of 12 months to allow the individual sufficient time to complete the required continuing education units and to submit the required documentation. Individuals whose certificates will expire within 90 days after the order for reinstatement may be granted a three-month extension to renew their certificates during which time the delinquency fees shall not accrue.
(6)A certificate that is not renewed within four years after its expiration shall not be renewed, restored, reissued, or reinstated except upon completion of a certification training program, passing any test that may be required of an applicant for a new certificate at that time, and paying the appropriate fees provided for in this section.
(7)A fee of twenty-five dollars ($25) shall be charged for the reissuance of a lost certificate.
(8)A certificate holder shall inform the department of his or her employment status and change of mailing address within 30 days of any change.
(i)Unless otherwise ordered by the department, the certificate shall be considered forfeited under either of the following conditions:
(1)The department has revoked any license held by the administrator after the department issued the certificate.
(2)The department has issued an exclusion order against the administrator pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897, after the department issued the certificate, and the administrator did not appeal the exclusion order or, after the appeal, the department issued a decision and order that upheld the exclusion order.
(j)(1)The department, in consultation and collaboration with county placement officials, provider organizations, the State Department of Health Care Services, and the State Department of Developmental Services, shall establish, by regulation, the program content, the testing instrument, the process for approving administrator certification training programs, and criteria to be used in authorizing individuals, organizations, or educational institutions to conduct certification training programs and continuing education courses. The department may also grant continuing education hours for continuing courses offered by accredited educational institutions that are consistent with the requirements in this section. The department may deny vendor approval to any agency or person in any of the following circumstances:
(A)The applicant has not provided the department with evidence satisfactory to the department of the ability of the applicant to satisfy the requirements of vendorization set out in the regulations adopted by the department.
(B)The applicant person or agency has a conflict of interest in that the person or agency places its clients in group homes or short-term residential treatment centers.
(C)The applicant public or private agency has a conflict of interest in that the agency is mandated to place clients in group homes or short-term residential treatment centers and to pay directly for the services. The department may deny vendorization to this type of agency only as long as there are other vendor programs available to conduct the certification training programs and conduct education courses.
(2)The department may authorize vendors to conduct the administrators certification training program pursuant to this section. The department shall conduct the written test pursuant to regulations adopted by the department.
(3)The department shall prepare and maintain an updated list of approved training vendors.
(4)The department may inspect administrator certification training programs and continuing education courses, including online courses, at no charge to the department, to determine if content and teaching methods comply with regulations. If the department determines that any vendor is not complying with the requirements of this section, the department shall take appropriate action to bring the program into compliance, which may include removing the vendor from the approved list.
(5)The department shall establish reasonable procedures and timeframes not to exceed 30 days for the approval of vendor training programs.
(6)The department may charge a reasonable fee, not to exceed one hundred fifty dollars ($150) every two years, to certification program vendors for review and approval of the initial 40-hour training program pursuant to subdivision (c). The department may also charge the vendor a fee, not to exceed one hundred dollars ($100) every two years, for the review and approval of the continuing education courses needed for recertification pursuant to this subdivision.
(7)(A)A vendor of online programs for continuing education shall ensure that each online course contains all of the following:
(i)An interactive portion in which the participant receives feedback, through online communication, based on input from the participant.
(ii)Required use of a personal identification number or personal identification information to confirm the identity of the participant.
(iii)A final screen displaying a printable statement, to be signed by the participant, certifying that the identified participant completed the course. The vendor shall obtain a copy of the final screen statement with the original signature of the participant prior to the issuance of a certificate of completion. The signed statement of completion shall be maintained by the vendor for a period of three years and be available to the department upon demand. Any person who certifies as true any material matter pursuant to this clause that he or she knows to be false is guilty of a misdemeanor.
(B)Nothing in this subdivision shall prohibit the department from approving online programs for continuing education that do not meet the requirements of subparagraph (A) if the vendor demonstrates to the departments satisfaction that, through advanced technology, the course and the course delivery meet the requirements of this section.
(k)The department shall establish a registry for holders of certificates that shall include, at a minimum, information on employment status and criminal record clearance.
(l)Notwithstanding any law to the contrary, vendors approved by the department who exclusively provide either initial or continuing education courses for certification of administrators of a group home or short-term residential treatment center as defined by regulations of the department, an adult residential facility as defined by regulations of the department, or a residential care facility for the elderly as defined in subdivision (k) of Section 1569.2, shall be regulated solely by the department pursuant to this chapter. No other state or local governmental entity shall be responsible for regulating the activity of those vendors.
SEC. 19.Section 1522.43 of the Health and Safety Code is amended to read:1522.43.(a)(1)For the duties the department imposes on a group home administrator or short-term residential treatment center administrator in this chapter and in regulations adopted by the department, every group home and short-term residential treatment center shall state in its plan of operation, the number of hours per week that the administrator shall spend completing those duties and how the group home administrator or short-term residential treatment center administrator shall accomplish those duties, including use of support personnel.
(2)For initial applicants, the information in paragraph (1) shall be contained in the plan of operation submitted to the department in the application.
(3)For current licensees, the licensee shall submit an amended plan of operation that contains the information required by paragraph (1) within six months of the effective date of this section. For changes in the group home administrator duties imposed by the department in this chapter or in regulations, a current licensee shall have six months after the effective date of those duties to submit an amended plan of operation to reflect the new administrator duties.
(b)(1)The department may review a group homes or short-term residential treatment centers plan of operation to determine if the plan of operation is sufficient to ensure that the facility will operate in compliance with applicable licensing laws and regulations. As part of the review, the department may request that a peer review panel review the plan of operation for a group home as prescribed in paragraph (2), or for a short-term residential treatment center as prescribed in paragraph (3).
(2)The peer review panel shall consist of two representatives from the department, including one from the unit that governs programs and one from the unit that governs licensing, a qualified group home administrator, an experienced group home provider in good standing, and a member or members from the placement agency or agencies that place children in group homes, and may also include the local county behavioral health department, as appropriate.
(3)The peer review panel shall consist of two representatives from the department, including one from the unit that governs programs and one from the unit that governs licensing, a qualified short-term residential treatment center administrator, a short-term residential treatment center provider in good standing, and a member or members from the placement agency or agencies that place children in short-term residential treatment centers, and may also include the local county behavioral health department, as appropriate.
(c)A group home or short-term residential treatment center shall develop a daily schedule of activities for the children at the facility. The facility shall have this schedule available for inspection by the department. The activities in which the children are scheduled to participate shall be designed to meet the needs of the individual child, and shall be based on that childs needs and services plan.
(d)The department shall establish a process, no later than January 1, 2017, for convening the peer review panel as set forth in subdivision (b) for review of the plans of operation for short-term residential treatment centers, and shall develop this process in consultation with the County Welfare Directors Association of California, Chief Probation Officers of California, County Behavioral Health Directors Association of California, and stakeholders.
SEC. 20.Section 1524 of the Health and Safety Code is amended to read:1524.A license shall be forfeited by operation of law when one of the following occurs:
(a)The licensee sells or otherwise transfers the facility or facility property, except when change of ownership applies to transferring of stock when the facility is owned by a corporation, and when the transfer of stock does not constitute a majority change of ownership.
(b)The licensee surrenders the license to the department.
(c)(1)The licensee moves a facility from one location to another. The department shall develop regulations to ensure that the facilities are not charged a full licensing fee and do not have to complete the entire application process when applying for a license for the new location.
(2)This subdivision shall not apply to a licensed foster family home, a home certified by a licensed foster family agency, or a home approved pursuant to Sections 309, 361.4, and 361.45 of the Welfare and Institutions Code. When a foster family home licensee, certified home parent, or a person approved to care for children pursuant to Sections 309, 361.4, and 361.45 of the Welfare and Institutions Code moves to a new location, the existing license, certification, or approval may be transferred to the new location. All caregivers to whom this paragraph applies shall be required to meet all applicable licensing laws and regulations at the new location.
(d)The licensee is convicted of an offense specified in Section 220, 243.4, or 264.1, or paragraph (1) of Section 273a, Section 273d, 288, or 289 of the Penal Code, or is convicted of another crime specified in subdivision (c) of Section 667.5 of the Penal Code.
(e)The licensee dies. If an adult relative notifies the department of his or her desire to continue operation of the facility and submits an application, the department shall expedite the application. The department shall promulgate regulations for expediting applications submitted pursuant to this subdivision.
(f)The licensee abandons the facility.
(g)When the certification issued by the State Department of Developmental Services to a licensee of an Adult Residential Facility for Persons with Special Health Care Needs, licensed pursuant to Article 9 (commencing with Section 1567.50), is rescinded.
(h)When the certification issued by the State Department of Developmental Services to a licensee of an enhanced behavioral supports home, licensed pursuant to Article 9.5 (commencing with Section 1567.61), is rescinded.
(i)When the certificate of program approval issued 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, to a licensee of a community crisis home, licensed pursuant to Article 9.7 (commencing with Section 1567.80), is rescinded.
(j)A group home license issued to a county shall be forfeited by operation of law when the county receives a license to operate a temporary shelter care facility in accordance with Section 1530.8.
(k)A temporary shelter care facility license issued to a private, nonprofit organization under contract with a county shall be forfeited by operation of law upon termination of the contract in accordance with Section 1530.8.
(l)A foster family home license shall be forfeited by operation of law as provided in paragraph (4) of subdivision (r) of Section 16519.5 of the Welfare and Institutions Code.
SEC. 21.Section 1524.6 of the Health and Safety Code is amended to read:1524.6.(a)In addition to any other requirement of this chapter, any group home or short-term residential treatment center, as defined by regulations of the department, providing care for any number of persons, that is not already subject to the requirements of Section 1524.5, shall provide a procedure approved by the licensing agency for immediate response to incidents and complaints, as defined by regulations of the department. This procedure shall include a method of ensuring that the owner, licensee, or person designated by the owner or licensee is notified of the incident or complaint, that the owner, licensee, or person designated by the owner or licensee has personally investigated the matter, and that the person making the complaint or reporting the incident has received a written response, within 30 days of receiving the complaint, of action taken, or a reason why no action needs to be taken.
(b)In order to ensure the opportunity for complaints to be made directly to the owner, licensee, or person designated by the owner or licensee, and to provide the opportunity for the owner, licensee, or person designated by the owner or licensee to meet neighborhood residents and learn of problems in the neighborhood, any group home or short-term residential treatment center shall establish a fixed time on a periodic basis when the owner, licensee, or person designated by the owner or licensee will be present. At this fixed time, information shall be provided to neighborhood residents of the complaint procedure pursuant to Section 1538.
(c)Facilities shall establish procedures to comply with the requirements of this section on or before July 1, 2005.
(d)This section shall not apply to family homes certified by foster family agencies, foster family homes, and small family homes. It is not the intent of the Legislature that this section be applied in a way that is contrary to the childs best interests.
SEC. 22.Section 1525.5 of the Health and Safety Code is amended to read:1525.5.(a) The department may issue provisional licenses to operate community care facilities for facilities that the director determines are in substantial compliance with this chapter and the rules and regulations adopted pursuant to this chapter, provided that no life safety risks are involved, as determined by the director. In determining whether any life safety risks are involved, the director shall require completion of all applicable fire clearances and criminal record clearances as otherwise required by the departments rules and regulations. The provisional license shall expire six months from the date of issuance, or at any earlier time as the director may determine, and may not be renewed. However, the director may extend the term of a provisional license for an additional six months at time of application, if it is determined that more than six months will be required to achieve full compliance with licensing standards due to circumstances beyond the control of the applicant, provided all other requirements for a license have been met.
(b) This section shall not apply to foster family homes.
(c)Notwithstanding subdivision (a), the department may extend the term of a provisional license issued to a foster family agency, not to exceed two years, if it determines that this additional time is required to secure accreditation from an entity identified by the department pursuant to paragraph (8) of subdivision (b) of Section 11463 of the Welfare and Institutions Code and provided that all other requirements for a license have been met.
SEC. 23.Section 1529.2 of the Health and Safety Code is amended to read:1529.2.(a)In addition to the foster parent training provided by community colleges, foster family agencies shall provide a program of training for their certified foster families.
(b)(1)Every licensed foster parent shall complete a minimum of 12 hours of foster parent training, as prescribed in paragraph (3), before the placement of any foster children with the foster parent. In addition, a foster parent shall complete a minimum of eight hours of foster parent training annually, as prescribed in paragraph (4). No child shall be placed in a foster family home unless these requirements are met by the persons in the home who are serving as the foster parents.
(2)(A)Upon the request of the foster parent for a hardship waiver from the postplacement training requirement or a request for an extension of the deadline, the county may, at its option, on a case-by-case basis, waive the postplacement training requirement or extend any established deadline for a period not to exceed one year, if the postplacement training requirement presents a severe and unavoidable obstacle to continuing as a foster parent. Obstacles for which a county may grant a hardship waiver or extension are:
(i)Lack of access to training due to the cost or travel required.
(ii)Family emergency.
(B)Before a waiver or extension may be granted, the foster parent should explore the opportunity of receiving training by video or written materials.
(3)The initial preplacement training shall include, but not be limited to, training courses that cover all of the following:
(A)An overview of the child protective system.
(B)The effects of child abuse and neglect on child development.
(C)Positive discipline and the importance of self-esteem.
(D)Health issues in foster care, including, but not limited to, the authorization, uses, risks, benefits, assistance with self-administration, oversight, and monitoring of psychotropic or other medications, and trauma, mental health, and substance use disorder treatments, for children in foster care under the jurisdiction of the juvenile court, including how to access those treatments.
(E)Accessing education and health services available to foster children.
(F)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(G)Instruction on cultural competency and sensitivity 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.
(H)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(4)The postplacement annual training shall include, but not be limited to, training courses that cover all of the following:
(A)Age-appropriate child development.
(B)Health issues in foster care.
(C)Positive discipline and the importance of self-esteem.
(D)Emancipation and independent living skills if a foster parent is caring for youth.
(E)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(F)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(5)Foster parent training may be attained through a variety of sources, including community colleges, counties, hospitals, foster parent associations, the California State Foster Parent Associations Conference, adult schools, and certified foster parent instructors.
(6)A candidate for placement of foster children shall submit a certificate of training to document completion of the training requirements. The certificate shall be submitted with the initial consideration for placements and provided at the time of the annual visit by the licensing agency thereafter.
(c)Nothing in this section shall preclude a county from requiring county-provided preplacement or postplacement foster parent training in excess of the requirements in this section.
(d)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 23.5.Section 1529.2 of the Health and Safety Code is amended to read:1529.2.(a)In addition to the foster parent training provided by community colleges, foster family agencies shall provide a program of training for their certified foster families.
(b)(1)Every licensed foster parent shall complete a minimum of 12 hours of foster parent training, as prescribed in paragraph (3), before the placement of any foster children with the foster parent. In addition, a foster parent shall complete a minimum of eight hours of foster parent training annually, as prescribed in paragraph (4). No child shall be placed in a foster family home unless these requirements are met by the persons in the home who are serving as the foster parents.
(2)(A)Upon the request of the foster parent for a hardship waiver from the postplacement training requirement or a request for an extension of the deadline, the county may, at its option, on a case-by-case basis, waive the postplacement training requirement or extend any established deadline for a period not to exceed one year, if the postplacement training requirement presents a severe and unavoidable obstacle to continuing as a foster parent. Obstacles for which a county may grant a hardship waiver or extension are:
(i)Lack of access to training due to the cost or travel required.
(ii)Family emergency.
(B)Before a waiver or extension may be granted, the foster parent should explore the opportunity of receiving training by video or written materials.
(3)The initial preplacement training shall include, but not be limited to, training courses that cover all of the following:
(A)An overview of the child protective system.
(B)The effects of child abuse and neglect on child development.
(C)Positive discipline and the importance of self-esteem.
(D)Health issues in foster care, including, but not limited to, the authorization, uses, risks, benefits, assistance with self-administration, oversight, and monitoring or psychotropic or other medications, and trauma, mental health, and substance use disorder treatments, for children in foster care under the jurisdiction of the juvenile court, including how to access those treatments, as the information is also described in subdivision (d) of Section 16501.4 of the Welfare and Institutions Code.
(E)Accessing education and health services available to foster children.
(F)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(G)Instruction on cultural competency and sensitivity 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.
(H)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(4)The postplacement annual training shall include, but not be limited to, training courses that cover all of the following:
(A)Age-appropriate child development.
(B)Health issues in foster care, including, but not limited to, the information described in subdivision (d) of Section 16501.4 of the Welfare and Institutions Code.
(C)Positive discipline and the importance of self-esteem.
(D)Emancipation and independent living skills if a foster parent is caring for youth.
(E)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(F)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(5)Foster parent training may be attained through a variety of sources, including community colleges, counties, hospitals, foster parent associations, the California State Foster Parent Associations conference, adult schools, and certified foster parent instructors.
(6)A candidate for placement of foster children shall submit a certificate of training to document completion of the training requirements. The certificate shall be submitted with the initial consideration for placements and provided at the time of the annual visit by the licensing agency thereafter.
(c)Nothing in this section shall preclude a county from requiring county-provided preplacement or postplacement foster parent training in excess of the requirements in this section.
(d)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 24.Section 1529.2 is added to the Health and Safety Code, to read:1529.2.(a)It is the intent of the Legislature that all foster parents have the necessary knowledge, skills, and abilities to support the safety, permanency, and well-being of children in foster care. Initial and ongoing preparation and training of foster parents should support the foster parents role in parenting vulnerable children, youth, and young adults, including supporting the childrens connection with their families. Their training should be ongoing in order to provide foster parents with information on new practices and requirements and other helpful topics within the child welfare and probation systems and may be offered in a classroom setting, online, or individually.
(b)A licensed or certified foster parent shall complete a minimum of eight training hours annually, a portion of which shall be from one or more of the following topics, as prescribed by the department, pursuant to subdivision (a):
(1)Age-appropriate child and adolescent development.
(2)Health issues in foster care, including, but not limited to, the authorization, uses, risks, benefits, assistance with self-administration, oversight, and monitoring of psychotropic or other medications, and trauma, mental health, and substance use disorder treatments for children in foster care under the jurisdiction of the juvenile court, including how to access those treatments.
(3)Positive discipline and the importance of self-esteem.
(4)Preparation of children and youth for a successful transition to adulthood.
(5)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(6)Instruction on cultural competency and 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.
(c)In addition to any training required by this section, a foster parent may be required to receive specialized training, as relevant, for the purpose of preparing the foster parent 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 cultural needs of children, including, but not limited to, cultural competency and sensitivity and related best practices for providing adequate care to children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender.
(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.
(d)No child shall be placed with a foster parent unless each foster parent in the home meets the requirements of this section.
(e)(1)Upon the request of the licensed or certified foster parent for a hardship waiver from the annual training requirement or a request for an extension of the deadline, the county may, at its option, on a case-by-case basis, waive the training requirement or extend any established deadline for a period not to exceed one year, if the training requirement presents a severe and unavoidable obstacle to continuing as a foster parent.
(2)Obstacles for which a county may grant a hardship waiver or extension are:
(A)Lack of access to training due to the cost or travel required or lack of child care to participate in the training, when online resources are not available.
(B)Family emergency.
(3)Before a waiver or extension may be granted, the licensed or certified foster parent should explore the opportunity of receiving training online or by video or written materials.
(f)(1)Foster parent training may be obtained through sources that include, but are not necessarily limited to, community colleges, counties, hospitals, foster parent associations, the California State Foster Parent Associations Conference, online resources, adult schools, and certified foster parent instructors.
(2)In addition to the foster parent training provided by community colleges, foster family agencies shall provide a program of training for their certified foster families.
(g)(1)Training certificates shall be submitted to the appropriate licensing or foster family agency.
(2)Upon completion, a licensed or certified parent shall submit a certificate of completion for the annual training requirements.
(h)Nothing in this section shall preclude a county or a foster family agency from requiring foster parent training in excess of the requirements in this section.
(i)This section shall become operative on January 1, 2017.
(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. 24.5.Section 1529.2 is added to the Health and Safety Code, to read:1529.2.(a)It is the intent of the Legislature that all foster parents have the necessary knowledge, skills, and abilities to support the safety, permanency, and well-being of children in foster care. Initial and ongoing preparation and training of foster parents should support the foster parents role in parenting vulnerable children, youth, and young adults, including supporting the childrens connection with their families. Their training should be ongoing in order to provide foster parents with information on new practices and requirements and other helpful topics within the child welfare and probation systems and may be offered in a classroom setting, online, or individually.
(b)A licensed or certified foster parent shall complete a minimum of eight training hours annually, a portion of which shall be from one or more of the following topics, as prescribed by the department, pursuant to subdivision (a):
(1)Age-appropriate child and adolescent development.
(2)Health issues in foster care, including, but not limited to, the authorization, uses, risks, benefits, assistance with self-administration, oversight, and monitoring of psychotropic or other medications, and trauma, mental health, and substance use disorder treatments for children in foster care under the jurisdiction of the juvenile court, including how to access those treatments. Health issues in foster care, including, but not limited to, the authorization, uses, risks, benefits, assistance with self-administration, oversight, and monitoring of psychotropic or other medications, and trauma, mental health, and substance use disorder treatments for children in foster care under the jurisdiction of the juvenile court, including how to access those treatments, as the information is also described in subdivision (d) of Section 16501.4 of the Welfare and Institutions Code.
(3)Positive discipline and the importance of self-esteem.
(4)Preparation of children and youth for a successful transition to adulthood.
(5)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(6)Instruction on cultural competency and 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.
(c)In addition to any training required by this section, a foster parent may be required to receive specialized training, as relevant, for the purpose of preparing the foster parent 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 cultural needs of children, including, but not limited to, cultural competency and sensitivity and related best practices for providing adequate care to children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender.
(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.
(d)No child shall be placed with a foster parent unless each foster parent in the home meets the requirements of this section.
(e)(1)Upon the request of the licensed or certified foster parent for a hardship waiver from the annual training requirement or a request for an extension of the deadline, the county may, at its option, on a case-by-case basis, waive the training requirement or extend any established deadline for a period not to exceed one year, if the training requirement presents a severe and unavoidable obstacle to continuing as a foster parent.
(2)Obstacles for which a county may grant a hardship waiver or extension are:
(A)Lack of access to training due to the cost or travel required or lack of child care to participate in the training, when online resources are not available.
(B)Family emergency.
(3)Before a waiver or extension may be granted, the licensed or certified foster parent should explore the opportunity of receiving training online or by video or written materials.
(f)(1)Foster parent training may be obtained through sources that include, but are not necessarily limited to, community colleges, counties, hospitals, foster parent associations, the California State Foster Parent Associations conference, online resources, adult schools, and certified foster parent instructors.
(2)In addition to the foster parent training provided by community colleges, foster family agencies shall provide a program of training for their certified foster families.
(g)(1)Training certificates shall be submitted to the appropriate licensing or foster family agency.
(2)Upon completion, a licensed or certified parent shall submit a certificate of completion for the annual training requirements.
(h)Nothing in this section shall preclude a county or a foster family agency from requiring foster parent training in excess of the requirements in this section.
(i)This section shall become operative on January 1, 2017.
(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. 25.Section 1530.7 of the Health and Safety Code is amended to read:1530.7.(a)Group homes, short-term residential treatment centers, foster family agencies, small family homes, transitional housing placement providers, and crisis nurseries licensed pursuant to this chapter shall maintain a smoke-free environment in the facility.
(b)A person who is licensed or certified pursuant to this chapter to provide residential care in a foster family home or certified family home shall not smoke or permit any other person to smoke inside the facility, and, when the child is present, on the outdoor grounds of the facility.
(c)A person who is licensed or certified pursuant to this chapter to provide residential foster care shall not smoke in any motor vehicle that is regularly used to transport the child.
SEC. 26.Section 1530.8 of the Health and Safety Code is amended to read:1530.8.(a)(1)The department shall adopt regulations for community care facilities licensed as group homes, and for temporary shelter care facilities as defined in subdivision (c), that care for dependent children, children placed by a regional center, or voluntary placements, who are younger than six years of age. The department shall adopt regulations that apply to short-term residential treatment centers that care for children younger than six years of age. The regulations shall include the standards set forth in subdivision (c) of Section 11467.1 of the Welfare and Institutions Code.
(2)The department shall adopt regulations under this section that apply to minor parent programs serving children younger than six years of age who reside in a group home with a minor parent who is the primary caregiver of the child. The department shall adopt regulations under this section that apply to short-term residential treatment centers that provide minor parent programs serving children younger than six years of age.
(3)To the extent that the department determines they are necessary, the department shall adopt regulations under this section that apply to group homes or short-term residential treatment centers that care for dependent children who are 6 to 12 years of age, inclusive. In order to determine whether such regulations are necessary, and what any resulting standards should include, the department shall consult with interested parties that include, but are not limited to, representatives of current and former foster youth, advocates for children in foster care, county welfare and mental health directors, chief probation officers, representatives of care providers, experts in child development, and representatives of the Legislature. The standards may provide normative guidelines differentiated by the needs specific to children in varying age ranges that fall between 6 and 12 years of age, inclusive. Prior to adopting regulations, the department shall submit for public comment, by July 1, 2017, any proposed regulations.
(b)The regulations shall include physical environment standards, including staffing and health and safety requirements, that meet or exceed state child care standards under Title 5 and Title 22 of the California Code of Regulations.
(c)For purposes of this section, a temporary shelter care facility means any residential facility that meets all of the following requirements:
(1)It is owned and operated by the county or on behalf of a county by a private, nonprofit agency.
(2)It is a 24-hour facility that provides no more than 10 calendar days of residential care and supervision for children under 18 years of age who have been removed from their homes as a result of abuse or neglect, as defined in Section 300 of the Welfare and Institutions Code, or both.
(d)(1)The department may license a temporary shelter care facility pursuant to this chapter on or after January 1, 2016. A temporary shelter care license may be issued only to a county operating a licensed group home, or to an agency on behalf of a county, as of January 1, 2016.
(2)The department shall consult with counties that operate these shelters as licensed group homes to develop a transition plan for the development of temporary shelter care facilities to address the unique circumstances and needs of the populations they serve, while remaining consistent with the principles of the act that added this subdivision.
(3)These transition plans shall describe circumstances under which children will be admitted for a period in excess of 24 hours and reflect necessary staffing levels or staffing transitions.
(e)(1)A group home license issued to a county will be forfeited by operation of law upon receipt of a license to operate a temporary shelter care facility as described in Section 11462.022 of the Welfare and Institutions Code.
(2)Nothing in this subdivision shall preclude a county from applying for and being licensed as a short-term residential treatment center pursuant to Section 1562.01 or a runaway and homeless youth shelter pursuant to Section 1502.35, or a foster family agency as authorized by subdivision (b) of Section 11462.02 of the Welfare and Institutions Code.
SEC. 27.Section 1531.1 of the Health and Safety Code is amended to read:1531.1.(a)A residential facility licensed as an adult residential facility, group home, short-term residential treatment center, small family home, foster family home, or a family home certified by a foster family agency may install and utilize delayed egress devices of the time delay type.
(b)As used in this section, delayed egress device means a device that precludes the use of exits for a predetermined period of time. These devices shall not delay any residents departure from the facility for longer than 30 seconds.
(c)Within the 30 seconds of delay, facility staff may attempt to redirect a resident who attempts to leave the facility.
(d)Any person accepted by a residential facility or family home certified by a foster family agency utilizing delayed egress devices shall meet all of the following conditions:
(1)The person shall have a developmental disability as defined in Section 4512 of the Welfare and Institutions Code.
(2)The person shall be receiving services and case management from a regional center under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code).
(3)An interdisciplinary team, through the Individual Program Plan (IPP) process pursuant to Section 4646.5 of the Welfare and Institutions Code, shall have determined that the person lacks hazard awareness or impulse control and requires the level of supervision afforded by a facility equipped with delayed egress devices, and that but for this placement, the person would be at risk of admission to, or would have no option but to remain in, a more restrictive state hospital or state developmental center placement.
(e)The facility shall be subject to all fire and building codes, regulations, and standards applicable to residential care facilities for the elderly utilizing delayed egress devices, and shall receive approval by the county or city fire department, the local fire prevention district, or the State Fire Marshal for the installed delayed egress devices.
(f)The facility shall provide staff training regarding the use and operation of the egress control devices utilized by the facility, protection of residents personal rights, lack of hazard awareness and impulse control behavior, and emergency evacuation procedures.
(g)The facility shall develop a plan of operation approved by the State Department of Social Services that includes a description of how the facility is to be equipped with egress control devices that are consistent with regulations adopted by the State Fire Marshal pursuant to Section 13143.
(h)The plan shall include, but shall not be limited to, all of the following:
(1)A description of how the facility will provide training for staff regarding the use and operation of the egress control devices utilized by the facility.
(2)A description of how the facility will ensure the protection of the residents personal rights consistent with Sections 4502, 4503, and 4504 of the Welfare and Institutions Code.
(3)A description of how the facility will manage the persons lack of hazard awareness and impulse control behavior.
(4)A description of the facilitys emergency evacuation procedures.
(i)Delayed egress devices shall not substitute for adequate staff. Except for facilities operating in accordance with Section 1531.15, the capacity of the facility shall not exceed six residents.
(j)Emergency fire and earthquake drills shall be conducted at least once every three months on each shift, and shall include all facility staff providing resident care and supervision on each shift.
SEC. 28.Section 1531.15 of the Health and Safety Code is amended to read:1531.15.(a)A licensee of an adult residential facility, short-term residential treatment center, or group home for no more than six residents, except for the larger facilities provided for in paragraph (1) of subdivision (k), that is utilizing delayed egress devices pursuant to Section 1531.1, may install and utilize secured perimeters in accordance with the provisions of this section.
(b)As used in this section, secured perimeters means fences that meet the requirements prescribed by this section.
(c)Only individuals meeting all of the following conditions may be admitted to or reside in a facility described in subdivision (a) utilizing secured perimeters:
(1)The person shall have a developmental disability as defined in Section 4512 of the Welfare and Institutions Code.
(2)The person shall be receiving services and case management from a regional center under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code).
(3)(A)The person shall be 14 years of age or older, except as specified in subparagraph (B).
(B)Notwithstanding subparagraph (A), a child who is at least 10 years of age and less than 14 years of age may be placed in a licensed group home described in subdivision (a) using secured perimeters only if both of the following occur:
(i)A comprehensive assessment is conducted and an individual program plan meeting is convened to determine the services and supports needed for the child to receive services in a less restrictive, unlocked residential setting in California, and the regional center requests assistance from the State Department of Developmental Services statewide specialized resource service to identify options to serve the child in a less restrictive, unlocked residential setting in California.
(ii)The regional center requests placement of the child in a licensed group home described in subdivision (a) using secured perimeters on the basis that the placement is necessary to prevent out-of-state placement or placement in a more restrictive, locked residential setting such as a developmental center, institution for mental disease or psychiatric facility, and the State Department of Developmental Services approves the request.
(4)The person is not a foster child under the jurisdiction of the juvenile court pursuant to Section 300, 450, 601, or 602 of the Welfare and Institutions Code.
(5)(A)An interdisciplinary team, through the individual program plan (IPP) process pursuant to Section 4646.5 of the Welfare and Institutions Code, shall have determined the person lacks hazard awareness or impulse control and, for his or her safety and security, requires the level of supervision afforded by a facility equipped with secured perimeters, and, but for this placement, the person would be at risk of admission to, or would have no option but to remain in, a more restrictive placement. The individual program planning team shall convene every 90 days after admission to determine and document the continued appropriateness of the current placement and progress in implementing the transition plan.
(B)The clients rights advocate for the regional center shall be notified of the proposed admission and the individual program plan meeting and may participate in the individual program plan meeting unless the consumer objects on his or her own behalf.
(d)The licensee shall be subject to all applicable fire and building codes, regulations, and standards, and shall receive approval by the county or city fire department, the local fire prevention district, or the State Fire Marshal for the installed secured perimeters.
(e)The licensee shall provide staff training regarding the use and operation of the secured perimeters, protection of residents personal rights, lack of hazard awareness and impulse control behavior, and emergency evacuation procedures.
(f)The licensee shall revise its facility plan of operation. These revisions shall first be approved by the State Department of Developmental Services. The plan of operation shall not be approved by the State Department of Social Services unless the licensee provides certification that the plan was approved by the State Department of Developmental Services. The plan shall include, but not be limited to, all of the following:
(1)A description of how the facility is to be equipped with secured perimeters that are consistent with regulations adopted by the State Fire Marshal pursuant to Section 13143.6.
(2)A description of how the facility will provide training for staff.
(3)A description of how the facility will ensure the protection of the residents personal rights consistent with Sections 4502, 4503, and 4504 of the Welfare and Institutions Code, and any applicable personal rights provided in Title 22 of the California Code of Regulations.
(4)A description of how the facility will manage residents lack of hazard awareness and impulse control behavior, which shall emphasize positive behavioral supports and techniques that are alternatives to physical, chemical, or mechanical restraints, or seclusion.
(5)A description of the facilitys emergency evacuation procedures.
(6)A description of how the facility will comply with applicable health and safety standards.
(g)Secured perimeters shall not substitute for adequate staff.
(h)Emergency fire and earthquake drills shall be conducted on each shift in accordance with existing licensing requirements, and shall include all facility staff providing resident care and supervision on each shift.
(i)Interior and exterior space shall be available on the facility premises to permit clients to move freely and safely.
(j)For the purpose of using secured perimeters, the licensee shall not be required to obtain a waiver or exception to a regulation that would otherwise prohibit the locking of a perimeter fence or gate.
(k)Except as provided in subdivision (k) of Section 4684.81 of the Welfare and Institutions Code, the state shall not authorize or fund more than a combined total of 150 beds statewide in facilities with secured perimeters under this section and under Section 1267.75. The department shall notify the appropriate fiscal and policy committees of the Legislature through the January and May budget estimates prior to authorizing an increase above a combined total of 100 beds statewide in facilities with secured perimeters under this section and under Section 1267.75.
(1)A minimum of 50 beds shall be available within programs designed for individuals who are designated incompetent to stand trial pursuant to Section 1370.1 of the Penal Code. These beds shall be within facilities that are exclusively used to provide care for individuals who are placed and participating in forensic competency training pursuant to Section 1370.1 of the Penal Code, except as provided in paragraph (2). No more than half of these facilities may have more than six beds and no facility may have more than 15 beds.
(2)When, in the joint determination of the regional center and the facility administrator, an individual would be most appropriately served in a specific program, regardless of whether the facility meets the criteria established in paragraph (1), individuals who are not similarly designated may be placed in the same facility. That placement may occur only when the individuals planning team determines that the placement and the facility plan of operation meet the individuals needs and that placement is not incompatible with the needs and safety of other facility residents.
(l)This section shall become operative only upon the publication in Title 17 of the California Code of Regulations of emergency regulations filed by the State Department of Developmental Services. These regulations shall be developed with stakeholders, including the State Department of Social Services, consumer advocates, and regional centers. The regulations shall establish program standards for homes that include secured perimeters, including requirements and timelines for the completion and updating of a comprehensive assessment of each consumers needs, including the identification through the individual program plan process of the services and supports needed to transition the consumer to a less restrictive living arrangement, and a timeline for identifying or developing those services and supports. The regulations shall establish a statewide limit on the total number of beds in homes with secured perimeters. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare.
SEC. 29.Section 1534 of the Health and Safety Code, as amended by Section 4 of Chapter 20 of the Statutes of 2015, is amended to read:1534.(a)(1)(A)Except for foster family homes, every licensed community care facility shall be subject to unannounced inspections by the department.
(B)Foster family homes shall be subject to announced inspections by the department, except that a foster family home shall be subject to unannounced inspections in response to a complaint, a plan of correction, or under any of the circumstances set forth in subparagraph (B) of paragraph (2).
(2)(A)The department may inspect these facilities as often as necessary to ensure the quality of care provided.
(B)The department shall conduct an annual unannounced inspection of a facility under any of the following circumstances:
(i)When a license is on probation.
(ii)When the terms of agreement in a facility compliance plan require an annual inspection.
(iii)When an accusation against a licensee is pending.
(iv)When a facility requires an annual inspection as a condition of receiving federal financial participation.
(v)In order to verify that a person who has been ordered out of a facility by the department is no longer at the facility.
(C)(i)The department shall conduct annual unannounced inspections of no less than 20 percent of facilities, except for foster family homes, not subject to an inspection under subparagraph (B).
(ii)The department shall conduct annual announced inspections of no less than 20 percent of foster family homes not subject to an inspection under subparagraph (B).
(iii)These inspections shall be conducted based on a random sampling methodology developed by the department.
(iv)If the total citations issued by the department to facilities exceed the previous years total by 10 percent, the following year the department shall increase the random sample by an additional 10 percent of the facilities not subject to an inspection under subparagraph (B). The department may request additional resources to increase the random sample by 10 percent.
(v)The department shall not inspect a licensed community care facility less often than once every five years.
(3)In order to facilitate direct contact with group home or short-term residential treatment center clients, the department may interview children who are clients of group homes or short-term residential treatment centers at any public agency or private agency at which the client may be found, including, but not limited to, a juvenile hall, recreation or vocational program, or a public or nonpublic school. The department shall respect the rights of the child while conducting the interview, including informing the child that he or she has the right not to be interviewed and the right to have another adult present during the interview.
(4)The department shall notify the community care facility in writing of all deficiencies in its compliance with the provisions of this chapter and the rules and regulations adopted pursuant to this chapter, and shall set a reasonable length of time for compliance by the facility.
(5)Reports on the results of each inspection, evaluation, or consultation shall be kept on file in the department, and all inspection reports, consultation reports, lists of deficiencies, and plans of correction shall be open to public inspection.
(b)(1)This section does not limit the authority of the department to inspect or evaluate a licensed foster family agency, a certified family home, or any aspect of a program in which a licensed community care facility is certifying compliance with licensing requirements.
(2)(A)A foster family agency shall conduct an announced inspection of a certified family home during the annual recertification described in Section 1506 in order to ensure that the certified family home meets all applicable licensing standards. A foster family agency may inspect a certified family home as often as necessary to ensure the quality of care provided.
(B)In addition to the inspections required pursuant to subparagraph (A), a foster family agency shall conduct an unannounced inspection of a certified family home under any of the following circumstances:
(i)When a certified family home is on probation.
(ii)When the terms of the agreement in a facility compliance plan require an annual inspection.
(iii)When an accusation against a certified family home is pending.
(iv)When a certified family home requires an annual inspection as a condition of receiving federal financial participation.
(v)In order to verify that a person who has been ordered out of a certified family home by the department is no longer at the home.
(3)Upon a finding of noncompliance by the department, the department may require a foster family agency to deny or revoke the certificate of approval of a certified family home, or take other action the department may deem necessary for the protection of a child placed with the certified family home. The certified parent or prospective foster parent shall be afforded the due process provided pursuant to this chapter.
(4)If the department requires a foster family agency to deny or revoke the certificate of approval, the department shall serve an order of denial or revocation upon the certified or prospective foster parent and foster family agency that shall notify the certified or prospective foster parent of the basis of the departments action and of the certified or prospective foster parents right to a hearing.
(5)Within 15 days after the department serves an order of denial or revocation, the certified or prospective foster parent may file a written appeal of the departments decision with the department. The departments action shall be final if the certified or prospective foster parent does not file a written appeal within 15 days after the department serves the denial or revocation order.
(6)The departments order of the denial or revocation of the certificate of approval shall remain in effect until the hearing is completed and the director has made a final determination on the merits.
(7)A certified or prospective foster parent who files a written appeal of the departments order with the department pursuant to this section shall, as part of the written request, provide his or her current mailing address. The certified or prospective foster parent shall subsequently notify the department in writing of any change in mailing address, until the hearing process has been completed or terminated.
(8)Hearings held pursuant to this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. In all proceedings conducted in accordance with this section the standard of proof shall be by a preponderance of the evidence.
(9)The department may institute or continue a disciplinary proceeding against a certified or prospective foster parent upon any ground provided by this section or Section 1550, enter an order denying or revoking the certificate of approval, or otherwise take disciplinary action against the certified or prospective foster parent, notwithstanding any resignation, withdrawal of application, surrender of the certificate of approval, or denial or revocation of the certificate of approval by the foster family agency.
(10)A foster family agencys failure to comply with the departments order to deny or revoke the certificate of approval by placing or retaining children in care shall be grounds for disciplining the licensee pursuant to Section 1550.
(c)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 30.Section 1534 of the Health and Safety Code, as added by Section 5 of Chapter 20 of the Statutes of 2015, is amended to read:1534.(a)(1)(A)Except for foster family homes, every licensed community care facility shall be subject to unannounced inspections by the department.
(B)Foster family homes shall be subject to announced inspections by the department, except that a foster family home shall be subject to unannounced inspections in response to a complaint, a plan of correction, or under any of the circumstances set forth in subparagraph (B) of paragraph (2).
(2)(A)The department may inspect these facilities as often as necessary to ensure the quality of care provided.
(B)The department shall conduct an annual unannounced inspection of a facility under any of the following circumstances:
(i)When a license is on probation.
(ii)When the terms of agreement in a facility compliance plan require an annual inspection.
(iii)When an accusation against a licensee is pending.
(iv)When a facility requires an annual inspection as a condition of receiving federal financial participation.
(v)In order to verify that a person who has been ordered out of a facility by the department is no longer at the facility.
(C)On and after January 1, 2017, and until January 1, 2018, the following shall apply:
(i)Except for foster family homes, the department shall conduct annual unannounced inspections of no less than 30 percent of every licensed community care facility not subject to an inspection under subparagraph (B).
(ii)The department shall conduct annual announced inspections of no less than 30 percent of foster family homes not subject to an inspection under subparagraph (B).
(iii)These inspections shall be conducted based on a random sampling methodology developed by the department.
(iv)The department shall inspect a licensed community care facility at least once every three years.
(D)On and after January 1, 2018, and until January 1, 2019, the following shall apply:
(i)The department shall conduct annual unannounced inspections of no less than 20 percent of adult residential facilities, adult day programs, social rehabilitation facilities, enhanced behavioral support homes for adults, and community crisis homes, as defined in Section 1502, which are not subject to an inspection under subparagraph (B).
(ii)These inspections shall be conducted based on a random sampling methodology developed by the department.
(iii)The department shall inspect an adult residential facility, adult day program, social rehabilitation facility, enhanced behavioral support home for adults, and community crisis home, as defined in Section 1502, at least once every two years.
(E)On and after January 1, 2019, the department shall conduct annual unannounced inspections of all adult residential facilities, adult day programs, social rehabilitation facilities, enhanced behavioral support homes for adults, and community crisis homes, as defined in Section 1502, and adult residential facilities for persons with special health care needs, as defined in Section 4684.50 of the Welfare and Institutions Code.
(F)On and after January 1, 2018, the following shall apply:
(i)Except for foster family homes, the department shall conduct annual unannounced inspections of no less than 20 percent of residential care facilities for children, as defined in Section 1502, including enhanced behavioral support homes for children, transitional housing placement providers, and foster family agencies not subject to an inspection under subparagraph (B).
(ii)The department shall conduct annual announced inspections of no less than 20 percent of foster family homes, as defined in Section 1502, not subject to an inspection under subparagraph (B).
(iii)The inspections in clauses (i) and (ii) shall be conducted based on a random sampling methodology developed by the department.
(iv)The department shall conduct unannounced inspections of residential care facilities for children, as defined in Section 1502, including enhanced behavioral support homes for children, transitional housing placement providers, and foster family agencies, and announced inspections of foster family homes, at least once every two years.
(3)In order to facilitate direct contact with group home or short-term residential treatment center clients, the department may interview children who are clients of group homes or short-term residential treatment centers at any public agency or private agency at which the client may be found, including, but not limited to, a juvenile hall, recreation or vocational program, or a public or nonpublic school. The department shall respect the rights of the child while conducting the interview, including informing the child that he or she has the right not to be interviewed and the right to have another adult present during the interview.
(4)The department shall notify the community care facility in writing of all deficiencies in its compliance with the provisions of this chapter and the rules and regulations adopted pursuant to this chapter, and shall set a reasonable length of time for compliance by the facility.
(5)Reports on the results of each inspection, evaluation, or consultation shall be kept on file in the department, and all inspection reports, consultation reports, lists of deficiencies, and plans of correction shall be open to public inspection.
(b)(1)This section does not limit the authority of the department to inspect or evaluate a licensed foster family agency, a certified family home, or any aspect of a program in which a licensed community care facility is certifying compliance with licensing requirements.
(2)(A)A foster family agency shall conduct an announced inspection of a certified family home during the annual recertification described in Section 1506 in order to ensure that the certified family home meets all applicable licensing standards. A foster family agency may inspect a certified family home as often as necessary to ensure the quality of care provided.
(B)In addition to the inspections required pursuant to subparagraph (A), a foster family agency shall conduct an unannounced inspection of a certified family home under any of the following circumstances:
(i)When a certified family home is on probation.
(ii)When the terms of the agreement in a facility compliance plan require an annual inspection.
(iii)When an accusation against a certified family home is pending.
(iv)When a certified family home requires an annual inspection as a condition of receiving federal financial participation.
(v)In order to verify that a person who has been ordered out of a certified family home by the department is no longer at the home.
(3)Upon a finding of noncompliance by the department, the department may require a foster family agency to deny or revoke the certificate of approval of a certified family home, or take other action the department may deem necessary for the protection of a child placed with the certified family home. The certified parent or prospective foster parent shall be afforded the due process provided pursuant to this chapter.
(4)If the department requires a foster family agency to deny or revoke the certificate of approval, the department shall serve an order of denial or revocation upon the certified or prospective foster parent and foster family agency that shall notify the certified or prospective foster parent of the basis of the departments action and of the certified or prospective foster parents right to a hearing.
(5)Within 15 days after the department serves an order of denial or revocation, the certified or prospective foster parent may file a written appeal of the departments decision with the department. The departments action shall be final if the certified or prospective foster parent does not file a written appeal within 15 days after the department serves the denial or revocation order.
(6)The departments order of the denial or revocation of the certificate of approval shall remain in effect until the hearing is completed and the director has made a final determination on the merits.
(7)A certified or prospective foster parent who files a written appeal of the departments order with the department pursuant to this section shall, as part of the written request, provide his or her current mailing address. The certified or prospective foster parent shall subsequently notify the department in writing of any change in mailing address, until the hearing process has been completed or terminated.
(8)Hearings held pursuant to this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. In all proceedings conducted in accordance with this section the standard of proof shall be by a preponderance of the evidence.
(9)The department may institute or continue a disciplinary proceeding against a certified or prospective foster parent upon any ground provided by this section or Section 1550, enter an order denying or revoking the certificate of approval, or otherwise take disciplinary action against the certified or prospective foster parent, notwithstanding any resignation, withdrawal of application, surrender of the certificate of approval, or denial or revocation of the certificate of approval by the foster family agency.
(10)A foster family agencys failure to comply with the departments order to deny or revoke the certificate of approval by placing or retaining children in care shall be grounds for disciplining the licensee pursuant to Section 1550.
(c)This section shall become operative on January 1, 2017.
SEC. 31.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, 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.
(b)Subject to subdivision (c), to encourage the recruitment of foster family homes and certified family homes of foster family agencies, protect their personal privacy, and to preserve the security and confidentiality of the placements in the homes, the names, addresses, and other identifying information of facilities licensed as foster family homes and certified family homes of foster family agencies providing 24-hour care for six or fewer children shall be considered personal information for purposes of the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). This information shall not be disclosed by any state or local agency pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), except as necessary for administering the licensing program, facilitating the placement of children in these facilities, and providing names and addresses, 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)Notwithstanding subdivision (b), the department, a county, or a foster family agency may request information from, or divulge information to, the department, a county, or a foster family agency, regarding a prospective certified parent, foster parent, or relative caregiver for the purpose of, and as necessary to, conduct a reference check to determine whether it is safe and appropriate to license, certify, or approve an applicant to be a certified parent, foster parent, or relative caregiver.
(d)The department may issue a citation and, after the issuance of that citation, may assess a civil penalty of fifty dollars ($50) per day for each instance of a foster family agencys failure to provide the department with the information required by subdivision (h) of Section 88061 of Title 22 of the California Code of Regulations.
(e)The Legislature encourages the department, when funds are available for this purpose, to develop a database that would include all of the following information:
(1)Monthly reports by a foster family agency regarding family homes.
(2)A log of family homes certified and decertified, provided by a foster family agency to the department.
(3)Notification by a foster family agency to the department informing the department of a foster family agencys determination to decertify a certified family home due to any of the following actions by the certified family parent:
(A)Violating licensing rules and regulations.
(B)Aiding, abetting, or permitting the violation of licensing rules and regulations.
(C)Conducting oneself in a way that is inimical to the health, morals, welfare, or safety of a child placed in that certified family home.
(D)Being convicted of a crime while a certified family parent.
(E)Knowingly allowing any child to have illegal drugs or alcohol.
(F)Committing an act of child abuse or neglect or an act of violence against another person.
SEC. 31.5.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, 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.
(b)Subject to subdivision (c), to encourage the recruitment of foster family homes and certified family homes of foster family agencies, protect their personal privacy, and to preserve the security and confidentiality of the placements in the homes, the names, addresses, and other identifying information of facilities licensed as foster family homes and certified family homes of foster family agencies providing 24-hour care for six or fewer children shall be considered personal information for purposes of the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). This information shall not be disclosed by any state or local agency pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), except as necessary for administering the licensing program, facilitating the placement of children in these facilities, and providing names and addresses, 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)Notwithstanding subdivision (b), the department, a county, or a foster family agency may request information from, or divulge information to, the department, a county, or a foster family agency, regarding a prospective certified parent, foster parent, or relative caregiver for the purpose of, and as necessary to, conduct a reference check to determine whether it is safe and appropriate to license, certify, or approve an applicant to be a certified parent, foster parent, or relative caregiver.
(d)The department may issue a citation and, after the issuance of that citation, may assess a civil penalty of fifty dollars ($50) per day for each instance of a foster family agencys failure to provide the department with the information required by subdivision (h) of Section 88061 of Title 22 of the California Code of Regulations.
(e)The Legislature encourages the department, when funds are available for this purpose, to develop a database that would include all of the following information:
(1)Monthly reports by a foster family agency regarding family homes.
(2)A log of family homes certified and decertified, provided by a foster family agency to the department.
(3)Notification by a foster family agency to the department informing the department of a foster family agencys determination to decertify a certified family home due to any of the following actions by the certified family parent:
(A)Violating licensing rules and regulations.
(B)Aiding, abetting, or permitting the violation of licensing rules and regulations.
(C)Conducting oneself in a way that is inimical to the health, morals, welfare, or safety of a child placed in that certified family home.
(D)Being convicted of a crime while a certified family parent.
(E)Knowingly allowing any child to have illegal drugs or alcohol.
(F)Committing an act of child abuse or neglect or an act of violence against another person.
(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 childs identity and records.
SEC. 32.Section 1538.3 of the Health and Safety Code is amended to read:1538.3.A county may develop a cooperative agreement with the department to access disclosable, public record information from an automated system, other than the system described in Section 1538.2, concerning substantiated complaints for all group home or short-term residential treatment centers, as defined by regulations of the department, located within that county. Access to the database may be accomplished through a secure online transaction protocol.
SEC. 33.Section 1538.5 of the Health and Safety Code is amended to read:1538.5.(a)(1)Not less than 30 days prior to the anniversary of the effective date of a residential community care facility license, except licensed foster family homes, the department may transmit a copy to the board members of the licensed facility, parents, legal guardians, conservators, clients rights advocates, or placement agencies, as designated in each residents placement agreement, of all inspection reports given to the facility by the department during the past year as a result of a substantiated complaint regarding a violation of this chapter relating to resident abuse and neglect, food, sanitation, incidental medical care, and residential supervision. During that one-year period the copy of the notices transmitted and the proof of the transmittal shall be open for public inspection.
(2)The department may transmit copies of the inspection reports referred to in paragraph (1) concerning a group home or short-term residential treatment center, as defined by regulations of the department, to the county in which the group home or short-term residential treatment center is located, if requested by that county.
(3)A group home or short-term residential treatment center shall maintain, at the facility, a copy of all licensing reports for the past three years that would be accessible to the public through the department, for inspection by placement officials, current and prospective facility clients, and these clients family members who visit the facility.
(b)The facility operator, at the expense of the facility, shall transmit a copy of all substantiated complaints, by certified mail, to those persons described pursuant to paragraph (1) of subdivision (a) in the following cases:
(1)In the case of a substantiated complaint relating to resident physical or sexual abuse, the facility shall have three days from the date the facility receives the licensing report from the department to comply.
(2)In the case in which a facility has received three or more substantiated complaints relating to the same violation during the past 12 months, the facility shall have five days from the date the facility receives the licensing report to comply.
(c)A residential facility shall retain a copy of the notices transmitted pursuant to subdivision (b) and proof of their transmittal by certified mail for a period of one year after their transmittal.
(d)If a residential facility to which this section applies fails to comply with this section, as determined by the department, the department shall initiate civil penalty action against the facility in accordance with this article and the related rules and regulations.
(e)Not less than 30 days prior to the anniversary of the effective date of the license of any group home or short-term residential treatment center, as defined by regulations of the department, at the request of the county in which the group home or short-term residential treatment center is located, a group home or short-term residential treatment center shall transmit to the county a copy of all incident reports prepared by the group home or short-term residential treatment center and transmitted to a placement agency, as described in subdivision (f) of Section 1536.1, in a county other than the county in which the group home or short-term residential treatment center is located that involved a response by local law enforcement or emergency services personnel, including runaway incidents. The county shall designate an official for the receipt of the incident reports and shall notify the group home or short-term residential treatment center of the designation. Prior to transmitting copies of incident reports to the county, the group home or short-term residential treatment center shall redact the name of any child referenced in the incident reports, and other identifying information regarding any child referenced in the reports. The county may review the incident reports to ensure that the group home or short-term residential treatment center has taken appropriate action to ensure the health and safety of the residents of the facility.
(f)The department shall notify the residential community care facility of its obligation when it is required to comply with this section.
SEC. 34.Section 1538.6 of the Health and Safety Code is amended to read:1538.6.(a)When the department periodically reviews the record of substantiated complaints against each group home or short-term residential treatment center, pursuant to its oversight role as prescribed by Section 1534, to determine whether the nature, number, and severity of incidents upon which complaints were based constitute a basis for concern as to whether the provider is capable of effectively and efficiently operating the program, and if the department determines that there is cause for concern, it may contact the county in which a group home or short-term residential treatment center is located and placement agencies in other counties using the group home or short-term residential treatment center, and request their recommendations as to what action, if any, the department should take with regard to the providers status as a licensed group home or short-term residential treatment center provider.
(b)It is the intent of the Legislature that the department make every effort to communicate with the county in which a group home or short-term residential treatment center is located when the department has concerns about group homes or short-term residential treatment centers within that county.
SEC. 35.Section 1538.7 of the Health and Safety Code is amended to read:1538.7.(a)A group home, transitional housing placement provider, community treatment facility, runaway and homeless youth shelter, or short-term residential treatment center shall report to the departments Community Care Licensing Division upon the occurrence of any incident concerning a child in the facility involving contact with law enforcement. At least every six months, the facility shall provide a followup report for each incident, including the type of incident, whether the incident involved an alleged violation of any crime described in Section 602 of the Welfare and Institutions Code by a child residing in the facility; whether staff, children, or both were involved; the gender, race, ethnicity, and age of children involved; and the outcomes, including arrests, removals of children from placement, or termination or suspension of staff.
(b)(1)If the department determines that, based on the licensed capacity, a facility has reported, pursuant to subdivision (a), a greater than average number of law enforcement contacts involving an alleged violation of any crime described in Section 602 of the Welfare and Institutions Code by a child residing in the facility, the department shall inspect the facility at least once a year.
(2)An inspection conducted pursuant to paragraph (1) does not constitute an unannounced inspection required pursuant to Section 1534.
(c)If an inspection is required pursuant to subdivision (b), the Community Care Licensing Division shall provide the report to the departments Children and Family Services Division and to any other public agency that has certified the facilitys program or any component of the facilitys program including, but not limited to, the State Department of Health Care Services, which certifies group homes or short-term residential treatment centers pursuant to Section 4096.5 of the Welfare and Institutions Code.
SEC. 36.Section 1548 of the Health and Safety Code, as added by Section 2 of Chapter 813 of the Statutes of 2014, is amended to read:1548.(a)In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department may levy a civil penalty.
(b)The amount of the civil penalty shall not be less than twenty-five dollars ($25) or more than fifty dollars ($50) per day for each violation of this chapter except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. In no event, shall a civil penalty assessment exceed one hundred fifty dollars ($150) per day per violation.
(c)Notwithstanding Section 1534, the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations:
(1)(A)Fire clearance violations, including, but not limited to, overcapacity, ambulatory status, inoperable smoke alarms, and inoperable fire alarm systems. The civil penalty shall not be assessed if the licensee has done either of the following:
(i)Requested the appropriate fire clearance based on ambulatory, nonambulatory, or bedridden status, and the decision is pending.
(ii)Initiated eviction proceedings.
(B)A licensee denied a clearance for bedridden residents may appeal to the fire authority, and, if that appeal is denied, may subsequently appeal to the Office of the State Fire Marshal, and shall not be assessed an immediate civil penalty until the final appeal is decided, or after 60 days has passed from the date of the citation, whichever is earlier.
(2)Absence of supervision, as required by statute or regulation.
(3)Accessible bodies of water when prohibited in this chapter or regulations adopted pursuant to this chapter.
(4)Accessible firearms, ammunition, or both.
(5)Refused entry to a facility or any part of a facility in violation of Section 1533, 1534, or 1538.
(6)The presence of an excluded person on the premises.
(d)(1)For a violation that the department determines resulted in the death of a resident at an adult residential facility, social rehabilitation facility, enhanced behavioral supports home, or community crisis home, the civil penalty shall be fifteen thousand dollars ($15,000).
(2)For a violation that the department determines resulted in the death of a person receiving care at an adult day program, the civil penalty shall be assessed as follows:
(A)Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensees facilities, to care for 50 or less persons.
(B)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for more than 50 persons.
(3)For a violation that the department determines resulted in the death of a person receiving care at a therapeutic day services facility, foster family agency, community treatment facility, full-service adoption agency, noncustodial adoption agency, transitional shelter care facility, transitional housing placement provider, group home, or short-term residential treatment center, the civil penalty shall be assessed as follows:
(A)Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensees facilities, to care for 40 or less children.
(B)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for 41 to 100, inclusive, children.
(C)Fifteen thousand dollars ($15,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(4)For a violation that the department determines resulted in the death of a resident at a runaway and homeless youth shelter, the civil penalty shall be five thousand dollars ($5,000).
(e)(1)(A)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident at an adult residential facility, social rehabilitation facility, enhanced behavioral supports home, or community crisis home, the civil penalty shall be ten thousand dollars ($10,000).
(B)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a person receiving care at an adult day program, the civil penalty shall be assessed as follows:
(i)Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensees facilities, to care for 50 or less persons.
(ii)Five thousand dollars ($5,000) for a licensee licensed, among all of the licensees facilities, to care for more than 50 persons.
(C)For a violation that the department determines constitutes physical abuse, as defined in paragraph (2), or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a person receiving care at a therapeutic day services facility, foster family agency, community treatment facility, full-service adoption agency, noncustodial adoption agency, transitional shelter care facility, transitional housing placement provider, group home, or short-term residential treatment center, the civil penalty shall be assessed as follows:
(i)Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensees facilities, to care for 40 or less children.
(ii)Five thousand dollars ($5,000) for a licensee licensed, among all of the licensees facilities, to care for 41 to 100, inclusive, children.
(iii)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(D)For a violation that the department determines constitutes physical abuse, as defined in paragraph (2), or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident at a runaway and homeless youth shelter, the civil penalty shall be one thousand dollars ($1,000).
(2)For purposes of subparagraphs (C) and (D), physical abuse includes physical injury inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165.1 of the Penal Code, neglect as defined in Section 11165.2 of the Penal Code, or unlawful corporal punishment or injury as defined in Section 11165.4 of the Penal Code when the person responsible for the childs welfare is a licensee, administrator, or employee of any facility licensed to care for children.
(f)Prior to the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the director.
(g)Notwithstanding Section 1534, any facility that is cited for repeating the same violation of this chapter within 12 months of the first violation is subject to an immediate civil penalty of one hundred fifty dollars ($150) and fifty dollars ($50) for each day the violation continues until the deficiency is corrected.
(h)Any facility that is assessed a civil penalty pursuant to subdivision (g) that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) is subject to an immediate civil penalty of one hundred fifty dollars ($150) for each day the violation continues until the deficiency is corrected.
(i)(1)The department shall adopt regulations setting forth the appeal procedures for deficiencies.
(2)A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 10 days of receipt of the notice of a civil penalty assessment and shall provide all supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. If the regional manager determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the regional managers decision within 60 days of the request to review the assessment of the civil penalty.
(3)The licensee may further appeal to the program administrator of the Community Care Licensing Division within 10 days of receipt of the notice of the regional managers decision and shall provide all supporting documentation at that time. If the program administrator determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the program administrators decision within 60 days of the request to review the regional managers decision.
(4)The licensee may further appeal to the deputy director of the Community Care Licensing Division within 10 days of receipt of the notice of the program directors decision and shall provide all supporting documentation at that time. If the deputy director determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the deputy directors decision within 60 days of the request to review the program administrators decision.
(5)Upon exhausting the deputy director review, a licensee may appeal a civil penalty assessed pursuant to subdivision (d) or (e) to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.
(6)If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.
(j)The department shall adopt regulations implementing this section.
(k)The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by the act that added this subdivision.
(l)As provided in Section 11466.31 of the Welfare and Institutions Code, the department may offset civil penalties owed by a group home or short-term residential treatment center against moneys to be paid by a county for the care of minors after the group home or short-term residential treatment center has exhausted its appeal of the civil penalty assessment. The department shall provide the group home or short-term residential treatment center a reasonable opportunity to pay the civil penalty before instituting the offset provision.
(m)This section shall become operative on July 1, 2015.
SEC. 36.5.Section 1548 of the Health and Safety Code, as added by Section 2 of Chapter 813 of the Statutes of 2014, is amended to read:1548.(a)In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department may levy a civil penalty.
(b)The amount of the civil penalty shall not be less than twenty-five dollars ($25) or more than fifty dollars ($50) per day for each violation of this chapter except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. Except as otherwise provided in this chapter, a civil penalty assessment shall not exceed one hundred fifty dollars ($150) per day per violation.
(c)Notwithstanding Section 1534, the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations:
(1)(A)Fire clearance violations, including, but not limited to, overcapacity, ambulatory status, inoperable smoke alarms, and inoperable fire alarm systems. The civil penalty shall not be assessed if the licensee has done either of the following:
(i)Requested the appropriate fire clearance based on ambulatory, nonambulatory, or bedridden status, and the decision is pending.
(ii)Initiated eviction proceedings.
(B)A licensee denied a clearance for bedridden residents may appeal to the fire authority, and, if that appeal is denied, may subsequently appeal to the Office of the State Fire Marshal, and shall not be assessed an immediate civil penalty until the final appeal is decided, or after 60 days has passed from the date of the citation, whichever is earlier.
(2)Absence of supervision, as required by statute or regulation.
(3)Accessible bodies of water when prohibited in this chapter or regulations adopted pursuant to this chapter.
(4)Accessible firearms, ammunition, or both.
(5)Refused entry to a facility or any part of a facility in violation of Section 1533, 1534, or 1538.
(6)The presence of an excluded person on the premises.
(d)(1)For a violation that the department determines resulted in the death of a resident at an adult residential facility, social rehabilitation facility, enhanced behavioral supports home, or community crisis home, the civil penalty shall be fifteen thousand dollars ($15,000).
(2)For a violation that the department determines resulted in the death of a person receiving care at an adult day program, the civil penalty shall be assessed as follows:
(A)Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensees facilities, to care for 50 or less persons.
(B)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for more than 50 persons.
(3)For a violation that the department determines resulted in the death of a person receiving care at a therapeutic day services facility, foster family agency, community treatment facility, full-service adoption agency, noncustodial adoption agency, transitional shelter care facility, transitional housing placement provider, group home, or short-term residential treatment center, the civil penalty shall be assessed as follows:
(A)Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensees facilities, to care for 40 or less children.
(B)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for 41 to 100, inclusive, children.
(C)Fifteen thousand dollars ($15,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(4)For a violation that the department determines resulted in the death of a resident at a runaway and homeless youth shelter, the civil penalty shall be five thousand dollars ($5,000).
(e)(1)(A)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident at an adult residential facility, social rehabilitation facility, enhanced behavioral supports home, or community crisis home, the civil penalty shall be ten thousand dollars ($10,000).
(B)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a person receiving care at an adult day program, the civil penalty shall be assessed as follows:
(i)Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensees facilities, to care for 50 or less persons.
(ii)Five thousand dollars ($5,000) for a licensee licensed, among all of the licensees facilities, to care for more than 50 persons.
(C)For a violation that the department determines constitutes physical abuse, as defined in paragraph (2), or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a person receiving care at a therapeutic day services facility, foster family agency, community treatment facility, full-service adoption agency, noncustodial adoption agency, transitional shelter care facility, transitional housing placement provider, group home, or short-term residential treatment center, the civil penalty shall be assessed as follows:
(i)Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensees facilities, to care for 40 or less children.
(ii)Five thousand dollars ($5,000) for a licensee licensed, among all of the licensees facilities, to care for 41 to 100, inclusive, children.
(iii)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(D)For a violation that the department determines constitutes physical abuse, as defined in paragraph (2), or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident at a runaway and homeless youth shelter, the civil penalty shall be one thousand dollars ($1,000).
(2)For purposes of subparagraphs (C) and (D), physical abuse includes physical injury inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165.1 of the Penal Code, neglect as defined in Section 11165.2 of the Penal Code, or unlawful corporal punishment or injury as defined in Section 11165.4 of the Penal Code when the person responsible for the childs welfare is a licensee, administrator, or employee of any facility licensed to care for children.
(f)Prior to the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the program administrator of the Community Care Licensing Division.
(g)Notwithstanding Section 1534, any facility that is cited for repeating the same violation of this chapter within 12 months of the first violation is subject to an immediate civil penalty of one hundred fifty dollars ($150) and fifty dollars ($50) for each day the violation continues until the deficiency is corrected.
(h)Any facility that is assessed a civil penalty pursuant to subdivision (g) that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) is subject to an immediate civil penalty of one hundred fifty dollars ($150) for each day the violation continues until the deficiency is corrected.
(i)(1)The department shall adopt regulations setting forth the appeal procedures for deficiencies.
(2)A notification of a deficiency written by a representative of the department shall include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area of the facility in which the deficiency occurred.
(j)(1)A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 15 business days of receipt of the notice of a civil penalty assessment and shall provide all available supporting documentation at that time. The review shall be conducted by the deputy director of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the deputy director determines that the civil penalty was not assessed, or the finding of deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the deputy directors decision within 60 business days of the date when all necessary information has been provided to the department by the licensee.
(2)Upon exhausting the review described in paragraph (1), a licensee may further appeal that decision to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.
(3)If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.
(k)(1)A licensee shall have the right to submit to the department a written request for a formal review of any other civil penalty or deficiency not described in subdivision (j) within 15 business days of receipt of the notice of a civil penalty assessment or a finding of a deficiency, and shall provide all available supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the regional manager determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the regional managers decision within 60 business days of the date when all necessary information has been provided to the department by the licensee.
(2)Upon exhausting the review described in paragraph (1), the licensee may further appeal that decision to the program administrator of the Community Care Licensing Division within 15 business days of receipt of notice of the regional managers decision. The licensee may submit additional supporting documentation that was unavailable at the time of appeal to the program administrator within the first 30 business days after requesting that appeal. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for the appeal. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the program administrator determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the program administrators decision within 60 business days of the date when all necessary information has been provided to the department by the licensee. The program administrators decision is considered final and concludes the licensees administrative appeal rights regarding the appeal conducted pursuant to this paragraph.
(l)The department shall adopt regulations implementing this section.
(m)The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by Section 2 of Chapter 813 of the Statutes of 2014.
(n)As provided in Section 11466.31 of the Welfare and Institutions Code, the department may offset civil penalties owed by a group home or short-term residential treatment center against moneys to be paid by a county for the care of minors after the group home or short-term residential treatment center has exhausted its appeal of the civil penalty assessment. The department shall provide the group home or short-term residential treatment center a reasonable opportunity to pay the civil penalty before instituting the offset provision.
(o)Notwithstanding 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 and administer the changes made by the act that added this subdivision through all-county letters or similar written instructions until regulations are adopted pursuant to the Administrative Procedure Act.
(p)This section shall become operative on July 1, 2015.
SEC. 37.Section 1562 of the Health and Safety Code is amended to read:1562.(a)The department shall ensure that operators and staffs of community care facilities have appropriate training to provide the care and services for which a license or certificate is issued. The section shall not apply to a facility licensed as an Adult Residential Facility for Persons with Special Health Care Needs pursuant to Article 9 (commencing with Section 1567.50).
(b)It is the intent of the Legislature that children in foster care reside in the least restrictive, family-based settings that can meet their needs, and that group homes and short-term residential treatment centers will be used only for short-term, specialized, and intensive treatment purposes that are consistent with a case plan that is determined by a childs best interests. Accordingly, the Legislature encourages the department to adopt policies, practices, and guidance that ensure that the education, qualification, and training requirements for child care staff in group homes and short-term residential treatment centers are consistent with the intended role of group homes and short-term residential treatment centers to provide short-term, specialized, and intensive treatment, with a particular focus on crisis intervention, behavioral stabilization, and other treatment-related goals, as well as the connections between those efforts and work toward permanency for children.
(c)(1)Each person employed as a facility manager or staff member of a group home or short-term residential treatment center, as defined in paragraphs (13) and (18) of subdivision (a) of Section 1502, who provides direct care and supervision to children and youth residing in the group home or short-term residential treatment center shall be at least 21 years of age.
(2)Paragraph (1) shall not apply to a facility manager or staff member employed at the group home before October 1, 2014.
(3)For purposes of this subdivision, group home does not include a runaway and homeless youth shelter.
SEC. 38.Section 1562.01 is added to the Health and Safety Code, 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 (5) of subdivision (b) of Section 11462 of the Welfare and Institutions Code.
(2)Notwithstanding paragraph (1), the department may issue a provisional license to a short-term residential treatment center and may extend the term of the provisional license not to exceed two years in order for the short-term residential treatment center to secure accreditation as set forth in subdivision (a) of Section 1520.1.
(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 centers 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, on and after January 1, 2017, 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, on and after January 1, 2017, 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 on and after January 1, 2017, 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 countys option, for short-term residential treatment centers, which may include the review of the short-term residential treatment centers 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 on and after January 1, 2017, pursuant to subdivision (c) of Section 11462 of the Welfare and Institutions Code.
SEC. 39.Section 1562.35 of the Health and Safety Code is amended to read:1562.35.Notwithstanding any law to the contrary, including, but not limited to Section 1562.3, vendors approved by the department who exclusively provide either initial or continuing education courses for certification of administrators of an adult residential facility as defined by the department, a group home facility as defined by the department, a short-term residential treatment center as defined by the department, or a residential care facility for the elderly as defined in subdivision (k) of Section 1569.2, shall be regulated solely by the department pursuant to this chapter. No other state or local governmental entity shall be responsible for regulating the activity of those vendors.
SEC. 40.Section 1563 of the Health and Safety Code is amended to read:1563.(a)The department shall ensure that licensing personnel at the department have appropriate training to properly carry out this chapter.
(b)The department shall institute a staff development and training program to develop among departmental staff the knowledge and understanding necessary to successfully carry out this chapter. Specifically, the program shall do all of the following:
(1)Provide staff with 36 hours of training per year that reflects the needs of persons served by community care facilities. This training shall, where appropriate, include specialized instruction in the needs of foster children, persons with mental disorders, or developmental or physical disabilities, or other groups served by specialized community care facilities.
(2)Give priority to applications for employment from persons with experience as care providers to persons served by community care facilities.
(3)Provide new staff with comprehensive training within the first six months of employment. This comprehensive training shall, at a minimum, include the following core areas: administrative action process, client populations, conducting facility visits, cultural awareness, documentation skills, facility operations, human relation skills, interviewing techniques, investigation processes, and regulation administration.
(c)In addition to the requirements in subdivision (b), group home, short-term residential treatment center, and foster family agency licensing personnel shall receive a minimum of 24 hours of training per year to increase their understanding of children in group homes, short-term residential treatment centers, certified homes, and foster family homes. The training shall cover, but not be limited to, all of the following topics:
(1)The types and characteristics of emotionally troubled children.
(2)The high-risk behaviors they exhibit.
(3)The biological, psychological, interpersonal, and social contributors to these behaviors.
(4)The range of management and treatment interventions utilized for these children, including, but not limited to, nonviolent, emergency intervention techniques.
(5)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(d)The training described in subdivisions (b) and (c) may include the following topics:
(1)An overview of the child protective and probation systems.
(2)The effects of trauma, including grief and loss, and child abuse or neglect on child development and behavior, and methods to behaviorally support children impacted by that trauma or child abuse and neglect.
(3)Positive discipline and the importance of self-esteem.
(4)Health issues in foster care, including, but not limited to, the authorization, uses, risks, benefits, assistance with self-administration, oversight, and monitoring of psychotropic medications, and trauma, mental health, and substance use disorder treatments for children in foster care under the jurisdiction of the juvenile court, including how to access those treatments.
(5)Accessing the services and supports available to foster children to address educational needs, physical, mental, and behavioral health, substance use disorders, and culturally relevant services.
(6)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 for children identifying as lesbian, gay, bisexual, and transgender.
(7)Understanding how to use best practices for providing care and supervision to commercially sexually exploited children.
(8)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.
(9)Understanding how to use best practices for providing care and supervision to nonminor dependents.
(10)Understanding how to use best practices for providing care and supervision to children with special health care needs.
(11)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.
(12)Permanence, well-being, and educational needs of children.
(13)Child and adolescent development, including sexual orientation, gender identity, and gender expression.
(14)The role of foster parents, including working cooperatively with the child welfare or probation agency, the childs family, and other service providers implementing the case plan.
(15)A foster parents responsibility to act as a reasonable and prudent parent, and to provide a family setting that promotes normal childhood experiences that serve the needs of the child.
(16)Physical and psychosocial needs of children, including behavior management, deescalation techniques, and trauma informed crisis management planning.
SEC. 41.Section 1567.4 of the Health and Safety Code is amended to read:1567.4.The State Department of Social Services shall provide, at cost, quarterly to each county and to each city, upon the request of the county or city, and to the chief probation officer of each county and city and county, a roster of all community care facilities licensed as small family homes, short-term residential treatment centers, or group homes located in the county, which provide services to wards of the juvenile court, including information as to whether each facility is licensed by the state or the county, the type of facility, and the licensed bed capacity of each such facility. Information concerning the facility shall be limited to that available through the computer system of the State Department of Social Services.
SEC. 42.Section 11105.08 of the Penal Code is amended to read:11105.08.(a)Notwithstanding any other law, a tribal agency may request from the Department of Justice state and federal level summary criminal history information for the purpose of approving a tribal home for the placement of an Indian child into foster or adoptive care.
(b)A tribal agency shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice of an individual applying with the tribal agency as a prospective foster parent or adoptive parent, any adult who resides or is employed in the home of an applicant, any person who has a familial or intimate relationship with any person living in the home of an applicant, or employee of the child welfare agency who may have contact with a child, 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 and also 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 released on bail or on his or her own recognizance pending trial or appeal.
(c)Upon receipt of a request for federal summary criminal history information received pursuant to this section, the Department of Justice shall forward the request to the Federal Bureau of Investigation. The Department of Justice shall review the information returned from the Federal Bureau of Investigation and compile and disseminate a response to the requesting tribal child welfare agency.
(d)The Department of Justice shall provide a state and federal level response to a tribal child welfare agency pursuant to subdivision (m) of Section 11105 of the Penal Code.
(e)A tribal agency shall request from the Department of Justice subsequent notification service pursuant to Section 11105.2 of the Penal Code for persons described in paragraph (b).
(f)The Department of Justice may charge a fee sufficient to cover the reasonable and appropriate costs of processing the request pursuant to this section.
(g)As used in this section a tribal agency means an entity designated by a federally recognized tribe as authorized to approve a home consistent with the federal Indian Child Welfare Act (25 U.S.C. 1903 et seq.), for the purpose of placement of an Indian child into foster or adoptive care, including the authority to conduct a criminal or child abuse background check of, and grant exemptions to, an individual who is a prospective foster or adoptive parent, an adult who resides or is employed in the home of an applicant for approval, any person who has a familial or intimate relationship with any person living in the home of an applicant, or an employee of a tribal child welfare agency who may have contact with a child.
SEC. 43.Section 11105.2 of the Penal Code is amended to read:11105.2.(a)The Department of Justice may provide subsequent state or federal arrest or disposition notification to any entity authorized by state or federal law to receive state or federal summary criminal history information to assist in fulfilling employment, licensing, certification duties, or the duties of approving relative caregivers, nonrelative extended family members, and resource families upon the arrest or disposition of any person whose fingerprints are maintained on file at the Department of Justice or the Federal Bureau of Investigation as the result of an application for licensing, employment, certification, or approval. Nothing in this section shall authorize the notification of a subsequent disposition pertaining to a disposition that does not result in a conviction, unless the department has previously received notification of the arrest and has previously lawfully notified a receiving entity of the pending status of that arrest. When the department supplies subsequent arrest or disposition notification to a receiving entity, the entity shall, at the same time, expeditiously furnish a copy of the information to the person to whom it relates if the information is a basis for an adverse employment, licensing, or certification decision. When furnished other than in person, the copy shall be delivered to the last contact information provided by the applicant.
(b)For purposes of this section, approval means those duties described in subdivision (d) of Section 309 of the Welfare and Institutions Code for approving the home of a relative caregiver or of a nonrelative extended family member for placement of a child supervised by the juvenile court, and those duties in Section 16519.5 of the Welfare and Institutions Code for resource families.
(c)Any entity, other than a law enforcement agency employing peace officers as defined in Section 830.1, subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section 830.3, subdivisions (a) and (b) of Section 830.5, and subdivision (a) of Section 830.31, shall enter into a contract with the Department of Justice in order to receive notification of subsequent state or federal arrests or dispositions for licensing, employment, or certification purposes.
(d)Any entity that submits the fingerprints of applicants for licensing, employment, certification, or approval to the Department of Justice for the purpose of establishing a record of the applicant to receive notification of subsequent state or federal arrests or dispositions shall immediately notify the department when the employment of the applicant is terminated, when the applicants license or certificate is revoked, when the applicant may no longer renew or reinstate the license or certificate, or when a relative caregivers or nonrelative extended family members approval is terminated. The Department of Justice shall terminate state or federal subsequent notification on any applicant upon the request of the licensing, employment, certifying, or approving authority.
(e)Any entity that receives a notification of a state or federal subsequent arrest or disposition for a person unknown to the entity, or for a person no longer employed by the entity, or no longer eligible to renew the certificate or license for which subsequent notification service was established shall immediately return the subsequent notification to the Department of Justice, informing the department that the entity is no longer interested in the applicant. The entity shall not record or otherwise retain any information received as a result of the subsequent notice.
(f)Any entity that submits the fingerprints of an applicant for employment, licensing, certification, or approval to the Department of Justice for the purpose of establishing a record at the department or the Federal Bureau of Investigation to receive notification of subsequent arrest or disposition shall immediately notify the department if the applicant is not subsequently employed, or if the applicant is denied licensing certification, or approval.
(g)An entity that fails to provide the Department of Justice with notification as set forth in subdivisions (c), (d), and (e) may be denied further subsequent notification service.
(h)Notwithstanding subdivisions (c), (d), and (f), subsequent notification by the Department of Justice and retention by the employing agency shall continue as to retired peace officers listed in subdivision (c) of Section 830.5.
SEC. 44.Section 11105.3 of the Penal Code is amended to read:11105.3.(a)Notwithstanding any other law, a human resource agency or an employer may request from the Department of Justice records of all convictions or any arrest pending adjudication involving the offenses specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code of a person who applies for a license, employment, or volunteer position, in which he or she would have supervisory or disciplinary power over a minor or any person under his or her care. The department shall furnish the information to the requesting employer and shall also send a copy of the information to the applicant.
(b)Any request for records under subdivision (a) shall include the applicants fingerprints, which may be taken by the requester, and any other data specified by the department. The request shall be on a form approved by the department, and the department may charge a fee to be paid by the employer, human resource agency, or applicant for the actual cost of processing the request. However, no fee shall be charged to a nonprofit organization. Requests received by the department for federal level criminal offender record information shall be forwarded to the Federal Bureau of Investigation by the department to be searched for any record of arrests or convictions.
(c)(1)When a request pursuant to this section reveals that a prospective employee or volunteer has been convicted of a violation or attempted violation of Section 220, 261.5, 262, 273a, 273d, or 273.5, or any sex offense listed in Section 290, except for the offense specified in subdivision (d) of Section 243.4, and where the agency or employer hires the prospective employee or volunteer, the agency or employer shall notify the parents or guardians of any minor who will be supervised or disciplined by the employee or volunteer. A conviction for a violation or attempted violation of an offense committed outside the State of California shall be included in this notice if the offense would have been a crime specified in this subdivision if committed in California. The notice shall be given to the parents or guardians with whom the child resides, and shall be given at least 10 days prior to the day that the employee or volunteer begins his or her duties or tasks. Notwithstanding any other law, any person who conveys or receives information in good faith and in conformity with this section is exempt from prosecution under Section 11142 or 11143 for that conveying or receiving of information. Notwithstanding subdivision (d), the notification requirements of this subdivision shall apply as an additional requirement of any other provision of law requiring criminal record access or dissemination of criminal history information.
(2)The notification requirement pursuant to paragraph (1) shall not apply to a misdemeanor conviction for violating Section 261.5 or to a conviction for violating Section 262 or 273.5. Nothing in this paragraph shall preclude an employer from requesting records of convictions for violating Section 261.5, 262, or 273.5 from the Department of Justice pursuant to this section.
(d)Nothing in this section supersedes any law requiring criminal record access or dissemination of criminal history information. In any conflict with another statute, dissemination of criminal history information shall be pursuant to the mandatory statute. This subdivision applies to, but is not limited to, requirements pursuant to Article 1 (commencing with Section 1500) of Chapter 3 of, and Chapter 3.2 (commencing with Section 1569) and Chapter 3.4 (commencing with Section 1596.70) of, Division 2 of, and Section 1522 of, the Health and Safety Code, and Sections 8712, 8811, and 8908 of the Family Code, and Section 16519.5 of the Welfare and Institutions Code.
(e)The department may adopt regulations to implement the provisions of this section as necessary.
(f)As used in this section, employer means any nonprofit corporation or other organization specified by the Attorney General that employs or uses the services of volunteers in positions in which the volunteer or employee has supervisory or disciplinary power over a child or children.
(g)As used in this section, human resource agency means a public or private entity, excluding any agency responsible for licensing of facilities pursuant to the California Community Care Facilities Act (Chapter 3 (commencing with Section 1500)), the California Residential Care Facilities for the Elderly Act (Chapter 3.2 (commencing with Section 1569)), Chapter 3.01 (commencing with Section 1568.01), and the California Child Day Care Facilities Act (Chapter 3.4 (commencing with Section 1596.70)) of Division 2 of the Health and Safety Code, responsible for determining the character and fitness of a person who is:
(1)Applying for a license, employment, or as a volunteer within the human services field that involves the care and security of children, the elderly, the handicapped, or the mentally impaired.
(2)Applying to be a volunteer who transports individuals impaired by drugs or alcohol.
(3)Applying to adopt a child or to be a foster parent.
(h)Except as provided in subdivision (c), any criminal history information obtained pursuant to this section is confidential and no recipient shall disclose its contents other than for the purpose for which it was acquired.
(i)As used in this subdivision, community youth athletic program means an employer having as its primary purpose the promotion or provision of athletic activities for youth under 18 years of age.
(j)A community youth athletic program, as defined in subdivision (i), may request state and federal level criminal history information pursuant to subdivision (a) for a volunteer coach or hired coach candidate. The director of the community youth athletic program shall be the custodian of records.
(k)The community youth athletic program may request from the Department of Justice subsequent arrest notification service, as provided in Section 11105.2, for a volunteer coach or a hired coach candidate.
(l)Compliance with this section does not remove or limit the liability of a mandated reporter pursuant to Section 11166.
SEC. 45.Section 11170 of the Penal Code is amended to read:11170.(a)(1)The Department of Justice shall maintain an index of all reports of child abuse and severe neglect submitted pursuant to Section 11169. The index shall be continually updated by the department and shall not contain any reports that are determined to be not substantiated. The department may adopt rules governing recordkeeping and reporting pursuant to this article.
(2)The department shall act only as a repository of reports of suspected child abuse and severe neglect to be maintained in the Child Abuse Central Index (CACI) pursuant to paragraph (1). The submitting agencies are responsible for the accuracy, completeness, and retention of the reports described in this section. The department shall be responsible for ensuring that the CACI accurately reflects the report it receives from the submitting agency.
(3)Only information from reports that are reported as substantiated shall be filed pursuant to paragraph (1), and all other determinations shall be removed from the central list. If a person listed in the CACI was under 18 years of age at the time of the report, the information shall be deleted from the CACI 10 years from the date of the incident resulting in the CACI listing, if no subsequent report concerning the same person is received during that time period.
(b)The provisions of subdivision (c) of Section 11169 apply to any information provided pursuant to this subdivision.
(1)The Department of Justice shall immediately notify an agency that submits a report pursuant to Section 11169, or a prosecutor who requests notification, of any information maintained pursuant to subdivision (a) that is relevant to the known or suspected instance of child abuse or severe neglect reported by the agency. The agency shall make that information available to the reporting health care practitioner who is treating a person reported as a possible victim of known or suspected child abuse. The agency shall make that information available to the reporting child custodian, Child Abuse Prevention and Treatment Act guardian ad litem appointed under Rule 5.662 of the California Rules of Court, or counsel appointed under Section 317 or 318 of the Welfare and Institutions Code, or the appropriate licensing agency, if he or she or the licensing agency is handling or investigating a case of known or suspected child abuse or severe neglect.
(2)When a report is made pursuant to subdivision (a) of Section 11166, or Section 11166.05, the investigating agency, upon completion of the investigation or after there has been a final disposition in the matter, shall inform the person required or authorized to report of the results of the investigation and of any action the agency is taking with regard to the child or family.
(3)The Department of Justice shall make relevant information from the CACI available to a law enforcement agency, county welfare department, tribal agency pursuant to Section 10553.12 of the Welfare and Institutions Code, or county probation department that is conducting a child abuse investigation.
(4)The department shall make available to the State Department of Social Services, or to any county licensing agency that has contracted with the state for the performance of licensing duties, or to a tribal court or tribal child welfare agency of a tribe, consortium of tribes, or tribal organization that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code, information regarding a known or suspected child abuser maintained pursuant to this section and subdivision (a) of Section 11169 concerning any person who is an applicant for licensure or approval, or any adult who resides or is employed in the home of an applicant for licensure or approval, or who is an applicant for employment in a position having supervisorial or disciplinary power over a child or children, or who will provide 24-hour care for a child or children in a residential home or facility, pursuant to Section 1522.1 or 1596.877 of the Health and Safety Code, or Section 8714, 8802, 8912, or 9000 of the Family Code, or Section 11403.2 of the Welfare and Institutions Code.
(5)The Department of Justice shall make available to a Court Appointed Special Advocate program that is conducting a background investigation of an applicant seeking employment with the program or a volunteer position as a Court Appointed Special Advocate, as defined in Section 101 of the Welfare and Institutions Code, information contained in the index regarding known or suspected child abuse by the applicant.
(6)For purposes of child death review, the Department of Justice shall make available to the chairperson, or the chairpersons designee, for each county child death review team, or the State Child Death Review Council, information for investigative purposes only that is maintained in the CACI pursuant to subdivision (a) relating to the death of one or more children and any prior child abuse or neglect investigation reports maintained involving the same victims, siblings, or suspects. Local child death review teams may share any relevant information regarding case reviews involving child death with other child death review teams.
(7)The department shall make available to investigative agencies or probation officers, or court investigators acting pursuant to Section 1513 of the Probate Code, responsible for placing children or assessing the possible placement of children pursuant to Article 6 (commencing with Section 300), Article 7 (commencing with Section 305), Article 10 (commencing with Section 360), or Article 14 (commencing with Section 601) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, or Article 2 (commencing with Section 1510) or Article 3 (commencing with Section 1540) of Chapter 1 of Part 2 of Division 4 of the Probate Code, information regarding a known or suspected child abuser contained in the index concerning any adult residing in the home where the child may be placed, when this information is requested for purposes of ensuring that the placement is in the best interest of the child. Upon receipt of relevant information concerning child abuse or neglect investigation reports contained in the CACI from the Department of Justice pursuant to this subdivision, the agency or court investigator shall notify, in writing, the person listed in the CACI that he or she is in the index. The notification shall include the name of the reporting agency and the date of the report.
(8)Pursuant to Section 10553.12 of the Welfare and Institutions Code, the department shall make available to a tribal agency information regarding a known or suspected child abuser maintained pursuant to this section or subdivision (a) of Section 11169 who is being considered as a prospective foster or adoptive parent, an adult who resides or is employed in the home of an applicant for approval, any person who has a familial or intimate relationship with any person living in the home of an applicant, or an employee of the tribal agency who may have contact with children.
(9)The Department of Justice shall make available to a government agency conducting a background investigation pursuant to Section 1031 of the Government Code of an applicant seeking employment as a peace officer, as defined in Section 830, information regarding a known or suspected child abuser maintained pursuant to this section concerning the applicant.
(10)The Department of Justice shall make available to a county child welfare agency or delegated county adoption agency, as defined in Section 8515 of the Family Code, conducting a background investigation, or a government agency conducting a background investigation on behalf of one of those agencies, information regarding a known or suspected child abuser maintained pursuant to this section and subdivision (a) of Section 11169 concerning any applicant seeking employment or volunteer status with the agency who, in the course of his or her employment or volunteer work, will have direct contact with children who are alleged to have been, are at risk of, or have suffered, abuse or neglect.
(11)(A)Persons or agencies, as specified in subdivision (b), if investigating a case of known or suspected child abuse or neglect, or the State Department of Social Services or any county licensing agency pursuant to paragraph (4), or a Court Appointed Special Advocate (CASA) program conducting a background investigation for employment or volunteer candidates pursuant to paragraph (5), or an investigative agency, probation officer, or court investigator responsible for placing children or assessing the possible placement of children pursuant to paragraph (7), or a government agency conducting a background investigation of an applicant seeking employment as a peace officer pursuant to paragraph (9), or a county child welfare agency or delegated county adoption agency conducting a background investigation of an applicant seeking employment or volunteer status who, in the course of his or her employment or volunteer work, will have direct contact with children who are alleged to have been, are at risk of, or have suffered, abuse or neglect, pursuant to paragraph (10), to whom disclosure of any information maintained pursuant to subdivision (a) is authorized, are responsible for obtaining the original investigative report from the reporting agency, and for drawing independent conclusions regarding the quality of the evidence disclosed, and its sufficiency for making decisions regarding investigation, prosecution, licensing, placement of a child, employment or volunteer positions with a CASA program, or employment as a peace officer.
(B)If CACI information is requested by an agency for the temporary placement of a child in an emergency situation pursuant to Article 7 (commencing with Section 305) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, the department is exempt from the requirements of Section 1798.18 of the Civil Code if compliance would cause a delay in providing an expedited response to the agencys inquiry and if further delay in placement may be detrimental to the child.
(12)(A)Whenever information contained in the Department of Justice files is furnished as the result of an application for employment or licensing or volunteer status pursuant to paragraph (4), (5), (8), (9), or (10), the Department of Justice may charge the person or entity making the request a fee. The fee shall not exceed the reasonable costs to the department of providing the information. The only increase shall be at a rate not to exceed the legislatively approved cost-of-living adjustment for the department. In no case shall the fee exceed fifteen dollars ($15).
(B)All moneys received by the department pursuant to this section to process trustline applications for purposes of Chapter 3.35 (commencing with Section 1596.60) of Division 2 of the Health and Safety Code shall be deposited in a special account in the General Fund that is hereby established and named the Department of Justice Child Abuse Fund. Moneys in the fund shall be available, upon appropriation by the Legislature, for expenditure by the department to offset the costs incurred to process trustline automated child abuse or neglect system checks pursuant to this section.
(C)All moneys, other than those described in subparagraph (B), received by the department pursuant to this paragraph shall be deposited in a special account in the General Fund which is hereby created and named the Department of Justice Sexual Habitual Offender Fund. The funds shall be available, upon appropriation by the Legislature, for expenditure by the department to offset the costs incurred pursuant to Chapter 9.5 (commencing with Section 13885) and Chapter 10 (commencing with Section 13890) of Title 6 of Part 4, and the DNA and Forensic Identification Data Base and Data Bank Act of 1998 (Chapter 6 (commencing with Section 295) of Title 9 of Part 1), and for maintenance and improvements to the statewide Sexual Habitual Offender Program and the California DNA offender identification file (CAL-DNA) authorized by Chapter 9.5 (commencing with Section 13885) of Title 6 of Part 4 and the DNA and Forensic Identification Data Base and Data Bank Act of 1998 (Chapter 6 (commencing with Section 295) of Title 9 of Part 1).
(c)(1)The Department of Justice shall make available to any agency responsible for placing children pursuant to Article 7 (commencing with Section 305) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, upon request, relevant information concerning child abuse or neglect reports contained in the index, when making a placement with a responsible relative pursuant to Sections 281.5, 305, and 361.3 of the Welfare and Institutions Code. Upon receipt of relevant information concerning child abuse or neglect reports contained in the index from the Department of Justice pursuant to this subdivision, the agency shall also notify in writing the person listed in the CACI that he or she is in the index. The notification shall include the location of the original investigative report and the submitting agency. The notification shall be submitted to the person listed at the same time that all other parties are notified of the information, and no later than the actual judicial proceeding that determines placement.
(2)If information is requested by an agency for the placement of a child with a responsible relative in an emergency situation pursuant to Article 7 (commencing with Section 305) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, the department is exempt from the requirements of Section 1798.18 of the Civil Code if compliance would cause a delay in providing an expedited response to the child protective agencys inquiry and if further delay in placement may be detrimental to the child.
(d)The department shall make available any information maintained pursuant to subdivision (a) to out-of-state law enforcement agencies conducting investigations of known or suspected child abuse or neglect only when an agency makes the request for information in writing and on official letterhead, or as designated by the department, identifying the suspected abuser or victim by name and date of birth or approximate age. The request shall be signed by the department supervisor of the requesting law enforcement agency. The written requests shall cite the out-of-state statute or interstate compact provision that requires that the information contained within these reports shall be disclosed only to law enforcement, prosecutorial entities, or multidisciplinary investigative teams, and shall cite the safeguards in place to prevent unlawful disclosure of any confidential information provided by the requesting state or the applicable interstate compact provision.
(e)(1)The department shall make available to an out-of-state agency, for purposes of approving a prospective foster or adoptive parent in compliance with the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248), information regarding a known or suspected child abuser maintained pursuant to subdivision (a) concerning the prospective foster or adoptive parent, and any other adult living in the home of the prospective foster or adoptive parent. The department shall make that information available only when the out-of-state agency makes the request indicating that continual compliance will be maintained with the requirement in paragraph (20) of subsection (a) of Section 671 of Title 42 of the United States Code that requires the state to have in place safeguards to prevent the unauthorized disclosure of information in any child abuse and neglect registry maintained by the state and prevent the information from being used for a purpose other than the conducting of background checks in foster or adoption placement cases.
(2)With respect to any information provided by the department in response to the out-of-state agencys request, the out-of-state agency is responsible for obtaining the original investigative report from the reporting agency, and for drawing independent conclusions regarding the quality of the evidence disclosed and its sufficiency for making decisions regarding the approval of prospective foster or adoptive parents.
(3)(A)Whenever information contained in the index is furnished pursuant to this subdivision, the department shall charge the out-of-state agency making the request a fee. The fee shall not exceed the reasonable costs to the department of providing the information. The only increase shall be at a rate not to exceed the legislatively approved cost-of-living adjustment for the department. In no case shall the fee exceed fifteen dollars ($15).
(B)All moneys received by the department pursuant to this subdivision shall be deposited in the Department of Justice Child Abuse Fund, established under subparagraph (B) of paragraph (12) of subdivision (b). Moneys in the fund shall be available, upon appropriation by the Legislature, for expenditure by the department to offset the costs incurred to process requests for information pursuant to this subdivision.
(f)(1)Any person may determine if he or she is listed in the CACI by making a request in writing to the Department of Justice. The request shall be notarized and include the persons name, address, date of birth, and either a social security number or a California identification number. Upon receipt of a notarized request, the Department of Justice shall make available to the requesting person information identifying the date of the report and the submitting agency. The requesting person is responsible for obtaining the investigative report from the submitting agency pursuant to paragraph (11) of subdivision (b) of Section 11167.5.
(2)No person or agency shall require or request another person to furnish a copy of a record concerning himself or herself, or notification that a record concerning himself or herself exists or does not exist, pursuant to paragraph (1).
(g)If a person is listed in the CACI only as a victim of child abuse or neglect, and that person is 18 years of age or older, that person may have his or her name removed from the index by making a written request to the Department of Justice. The request shall be notarized and include the persons name, address, social security number, and date of birth.
SEC. 46.Section 319.3 of the Welfare and Institutions Code is amended to read:319.3.Notwithstanding Section 319, a dependent 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, a short-term residential treatment center, or in a temporary shelter care facility, as defined in Section 1530.8 of the Health and Safety Code, only when the court finds that placement is necessary to secure a complete and adequate evaluation, including placement planning and transition time. The placement period shall not exceed 60 days unless a case plan has been developed and the need for additional time is documented in the case plan and has been approved by a deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department.
SEC. 47.Section 361.2 of the Welfare and Institutions Code is amended to read:361.2.(a)When a court orders removal of a child pursuant to Section 361, the court shall first determine whether there is a parent of the child, with whom the child was not residing at the time that the events or conditions arose that brought the child within the provisions of Section 300, who desires to assume custody of the child. If that parent requests custody, the court shall place the child with the parent unless it finds that placement with that parent would be detrimental to the safety, protection, or physical or emotional well-being of the child. The fact that the parent is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with his or her parent shall not be, for that reason alone, prima facie evidence that placement with that parent would be detrimental.
(b)If the court places the child with that parent it may do any of the following:
(1)Order that the parent become legal and physical custodian of the child. The court may also provide reasonable visitation by the noncustodial parent. The court shall then terminate its jurisdiction over the child. The custody order shall continue unless modified by a subsequent order of the superior court. The order of the juvenile court shall be filed in any domestic relation proceeding between the parents.
(2)Order that the parent assume custody subject to the jurisdiction of the juvenile court and require that a home visit be conducted within three months. In determining whether to take the action described in this paragraph, the court shall consider any concerns that have been raised by the childs 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 parents immigration status.
(2)The approved home of a relative, regardless of the relatives immigration status.
(3)The approved home of a nonrelative extended family member as defined in Section 362.7.
(4)The approved home of a resource family as defined in Section 16519.5.
(5)A foster home in which the child has been placed before an interruption in foster care, if that placement is in the best interest of the child and space is available.
(6)A suitable licensed community care facility, except a runaway and homeless youth shelter licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code.
(7)With a foster family agency to be placed in a suitable licensed foster family home or certified family home which has been certified by the agency as meeting licensing standards.
(8)A home or facility in accordance with the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(9)A child under six years of age may be placed in a community care facility licensed as a group home for children, or a temporary shelter care facility as defined in Section 1530.8 of the Health and Safety Code, only under any of the following circumstances:
(A)(i)When a case plan indicates that placement is for purposes of providing short term, specialized, and intensive treatment to the child, the case plan specifies the need for, nature of, and anticipated duration of this treatment, pursuant to paragraph (2) of subdivision (c) of Section 16501.1, the facility meets the applicable regulations adopted under Section 1530.8 of the Health and Safety Code and standards developed pursuant to Section 11467.1 of this code, and the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department has approved the case plan.
(ii)The short term, specialized, and intensive treatment period shall not exceed 120 days, unless the county has made progress toward or is actively working toward implementing the case plan that identifies the services or supports necessary to transition the child to a family setting, circumstances beyond the countys control have prevented the county from obtaining those services or supports within the timeline documented in the case plan, and the need for additional time pursuant to the case plan is documented by the caseworker and approved by a deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department.
(iii)To the extent that placements pursuant to this paragraph are extended beyond an initial 120 days, the requirements of clauses (i) and (ii) shall apply to each extension. In addition, the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department shall approve the continued placement no less frequently than every 60 days.
(B)When a case plan indicates that placement is for purposes of providing family reunification services. In addition, the facility offers family reunification services that meet the needs of the individual child and his or her family, permits parents to have reasonable access to their children 24 hours a day, encourages extensive parental involvement in meeting the daily needs of their children, and employs staff trained to provide family reunification services. In addition, one of the following conditions exists:
(i)The childs parent is also a ward of the court and resides in the facility.
(ii)The childs parent is participating in a treatment program affiliated with the facility and the childs placement in the facility facilitates the coordination and provision of reunification services.
(iii)Placement in the facility is the only alternative that permits the parent to have daily 24-hour access to the child in accordance with the case plan, to participate fully in meeting all of the daily needs of the child, including feeding and personal hygiene, and to have access to necessary reunification services.
(10)(A)A child who is 6 to 12 years of age, inclusive, may be placed in a community care facility licensed as a group home for children only when a case plan indicates that placement is for purposes of providing short term, specialized, and intensive treatment for the child, the case plan specifies the need for, nature of, and anticipated duration of this treatment, pursuant to paragraph (2) of subdivision (c) of Section 16501.1, and is approved by the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department.
(B)The short term, specialized, and intensive treatment period shall not exceed six months, unless the county has made progress or is actively working toward implementing the case plan that identifies the services or supports necessary to transition the child to a family setting, circumstances beyond the countys control have prevented the county from obtaining those services or supports within the timeline documented in the case plan, and the need for additional time pursuant to the case plan is documented by the caseworker and approved by a deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department.
(C)To the extent that placements pursuant to this paragraph are extended beyond an initial six months, the requirements of subparagraphs (A) and (B) shall apply to each extension. In addition, the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department shall approve the continued placement no less frequently than every 60 days.
(11)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 childs 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 childs parent or guardian in order to facilitate reunification of the family.
(2)In the event that there are no appropriate placements available in the parents or guardians county of residence, a placement may be made in an appropriate place in another county, preferably a county located adjacent to the parents or guardians community of residence.
(3)Nothing in this section shall be interpreted as requiring multiple disruptions of the childs 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 parents or guardians 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 childs parents or guardians county of residence, the specific reason the out-of-county placement is necessary shall be documented in the childs 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 childs 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 childs 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 childs 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 courts jurisdiction, or any nondependent siblings in the physical custody of a parent subject to the courts 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 childs 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 childs caregiver is able to meet the day-to-day health, safety, and well-being needs of the child.
(B)The childs caregiver is permitted to maintain the least restrictive family setting that promotes normal childhood experiences and 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 childs 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 childs 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.
(3)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 48.Section 361.2 is added to the Welfare and Institutions Code, 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 childs 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 parents immigration status.
(2)The approved home of a relative, regardless of the relatives immigration status.
(3)The approved home of a nonrelative extended family member as defined in Section 362.7.
(4)The approved home of a resource family as defined in Section 16519.5.
(5)A foster home considering first a foster home in which the child has been placed before an interruption in foster care, if that placement is in the best interest of the child and space is available.
(6)A home or facility in accordance with the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(7)A suitable licensed community care facility, except a runaway and homeless youth shelter licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code.
(8)With a foster family agency, as defined in subdivision (g) of Section 11400 and paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code, to be placed in a suitable family home certified or approved by the agency.
(9)A child of any age who is placed in a community care facility licensed as a group home for children or a short-term residential treatment center, as defined in subdivision (ad) of Section 11400 and paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code, shall have a case plan that indicates that placement is for purposes of providing short term, specialized, and intensive treatment for the child, the case plan specifies the need for, nature of, and anticipated duration of this treatment, pursuant to paragraph (2) of subdivision (c) of Section 16501.1, and the case plan includes transitioning the child to a less restrictive environment and the projected timeline by which the child will be transitioned to a less restrictive environment. If the placement is longer than six months, the placement shall be documented consistent with paragraph (3) of subdivision (a) of Section 16501.1 and shall be approved by the deputy director or director of the county child welfare department.
(A)A child under six years of age shall not be placed in a community care facility licensed as a group home for children, or a short-term residential treatment center, except under the following circumstances:
(i)When the facility meets the applicable regulations adopted under Section 1530.8 of the Health and Safety Code and standards developed pursuant to Section 11467.1 of this code, and the deputy director or director of the county child welfare department has approved the case plan.
(ii)The short term, specialized, and intensive treatment period shall not exceed 120 days, unless the county has made progress toward or is actively working toward implementing the case plan that identifies the services or supports necessary to transition the child to a family setting, circumstances beyond the countys 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 childs parent is also under the jurisdiction of the court and resides in the facility.
(II)The childs parent is participating in a treatment program affiliated with the facility and the childs 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 countys 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 childs 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 childs parent or guardian in order to facilitate reunification of the family.
(2)In the event that there are no appropriate placements available in the parents or guardians county of residence, a placement may be made in an appropriate place in another county, preferably a county located adjacent to the parents or guardians community of residence.
(3)Nothing in this section shall be interpreted as requiring multiple disruptions of the childs 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 parents or guardians 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 childs parents or guardians county of residence, the specific reason the out-of-county placement is necessary shall be documented in the childs 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 childs 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 childs 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 childs 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 courts jurisdiction, or any nondependent siblings in the physical custody of a parent subject to the courts 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 childs 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 childs caregiver is able to meet the day-to-day health, safety, and well-being needs of the child.
(B)The childs 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 childs 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 childs 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. 49.Section 706.6 of the Welfare and Institutions Code is amended to read:706.6.(a)Services to minors are best provided in a framework that integrates service planning and delivery among multiple service systems, including the mental health system, using a team-based approach, such as a child and family team. A child and family team brings together individuals that engage with the child or youth and family in assessing, planning, and delivering services. Use of a team approach increases efficiency, and thus reduces cost, by increasing coordination of formal services and integrating the natural and informal supports available to the child or youth and family.
(b)(1)For the purposes of this section, child and family team has the same meaning as in paragraph (4) of subdivision (a) of Section 16501.
(2)In its development of the case plan, the probation agency shall consider any recommendations of the child and family team, as defined in paragraph (4) of subdivision (a) of Section 16501. The agency shall document the rationale for any inconsistencies between the case plan and the child and family team recommendations.
(c)A case plan prepared as required by Section 706.5 shall be submitted to the court. It shall either be attached to the social study or incorporated as a separate section within the social study. The case plan shall include, but not be limited to, the following information:
(1)A description of the circumstances that resulted in the minor being placed under the supervision of the probation department and in foster care.
(2)Documentation of the preplacement assessment of the minors and familys strengths and service needs showing that preventive services have been provided, and that reasonable efforts to prevent out-of-home placement have been made. The assessment shall include the type of placement best equipped to meet those needs.
(3)(A)A description of the type of home or institution in which the minor is to be placed, and the reasons for that placement decision, including a discussion of the safety and appropriateness of the placement, including the recommendations of the child and family team, if available.
(B)An appropriate placement is a placement in the least restrictive, most family-like environment that promotes normal childhood experiences, in closest proximity to the minors home, that meets the minors best interests and special needs.
(d)The following shall apply:
(1)The agency selecting a placement shall consider, in order of priority:
(A)Placement with relatives, nonrelated extended family members, and tribal members.
(B)Foster family homes and certified homes or resource families of foster family agencies.
(C)Treatment and intensive treatment certified homes or resource families of foster family agencies, or multidimensional treatment foster homes or therapeutic foster care homes.
(D)Group care placements in the following order:
(i)Short-term residential treatment centers.
(ii)Group homes.
(iii)Community treatment facilities.
(iv)Out-of-state residential treatment pursuant to Part 5 (commencing with Section 7900) of Division 12 of the Family Code.
(2)Although the placement options shall be considered in the preferential order specified in paragraph (1), the placement of a child may be with any of these placement settings in order to ensure the selection of a safe placement setting that is in the childs best interests and meets the childs special needs.
(3)A minor may be placed into a community care facility licensed as a short-term residential treatment center, as defined in subdivision (ad) of Section 11400, provided the case plan indicates that the placement is for the purposes of providing short-term, specialized, and intensive treatment for the minor, the case plan specifies the need for, nature of, and anticipated duration of this treatment, and the case plan includes transitioning the minor to a less restrictive environment and the projected timeline by which the minor will be transitioned to a less restrictive environment.
(e)Effective January 1, 2010, a case plan shall ensure the educational stability of the child while in foster care and shall include both of the following:
(1)Assurances that the placement takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement.
(2)An assurance that the placement agency has coordinated with appropriate local educational agencies to ensure that the child remains in the school in which the child is enrolled at the time of placement, or, if remaining in that school is not in the best interests of the child, assurances by the placement agency and the local educational agency to provide immediate and appropriate enrollment in a new school and to provide all of the childs educational records to the new school.
(f)Specific time-limited goals and related activities designed to enable the safe return of the minor to his or her home, or in the event that return to his or her home is not possible, activities designed to result in permanent placement or emancipation. Specific responsibility for carrying out the planned activities shall be assigned to one or more of the following:
(1)The probation department.
(2)The minors parent or parents or legal guardian or guardians, as applicable.
(3)The minor.
(4)The foster parents or licensed agency providing foster care.
(g)The projected date of completion of the case plan objectives and the date services will be terminated.
(h)(1)Scheduled visits between the minor and his or her family and an explanation if no visits are made.
(2)Whether the child has other siblings, and, if any siblings exist, all of the following:
(A)The nature of the relationship between the child and his or her siblings.
(B)The appropriateness of developing or maintaining the sibling relationships pursuant to Section 16002.
(C)If the siblings are not placed together in the same home, why the siblings are not placed together and what efforts are being made to place the siblings together, or why those efforts are not appropriate.
(D)If the siblings are not placed together, all of the following:
(i)The frequency and nature of the visits between the siblings.
(ii)If there are visits between the siblings, whether the visits are supervised or unsupervised. If the visits are supervised, a discussion of the reasons why the visits are supervised, and what needs to be accomplished in order for the visits to be unsupervised.
(iii)If there are visits between the siblings, a description of the location and length of the visits.
(iv)Any plan to increase visitation between the siblings.
(E)The impact of the sibling relationships on the childs placement and planning for legal permanence.
(F)The continuing need to suspend sibling interaction, if applicable, pursuant to subdivision (c) of Section 16002.
(3)The factors the court may consider in making a determination regarding the nature of the childs sibling relationships may include, but are not limited to, whether the siblings were raised together in the same home, whether the siblings have shared significant common experiences or have existing close and strong bonds, whether either sibling expresses a desire to visit or live with his or her sibling, as applicable, and whether ongoing contact is in the childs best emotional interests.
(i)(1)When placement is made in a foster family home, group home, or other child care institution that is either a substantial distance from the home of the minors parent or legal guardian or out-of-state, the case plan shall specify the reasons why the placement is the most appropriate and is in the best interest of the minor.
(2)When an out-of-state group home placement is recommended or made, the case plan shall comply with Section 727.1 and Section 7911.1 of the Family Code. In addition, documentation of the recommendation of the multidisciplinary team and the rationale for this particular placement shall be included. The case plan shall also address what in-state services or facilities were used or considered and why they were not recommended.
(j)If applicable, efforts to make it possible to place siblings together, unless it has been determined that placement together is not in the best interest of one or more siblings.
(k)A schedule of visits between the minor and the probation officer, including a monthly visitation schedule for those children placed in group homes.
(l)Health and education information about the minor, school records, immunizations, known medical problems, and any known medications the minor may be taking, names and addresses of the minors health and educational providers; the minors grade level performance; assurances that the minors placement in foster care takes into account proximity to the school in which the minor was enrolled at the time of placement; and other relevant health and educational information.
(m)When out-of-home services are used and the goal is reunification, the case plan shall describe the services that were provided to prevent removal of the minor from the home, those services to be provided to assist in reunification and the services to be provided concurrently to achieve legal permanency if efforts to reunify fail.
(n)The updated case plan prepared for a permanency planning hearing shall include a recommendation for a permanent plan for the minor. If, after considering reunification, adoptive placement, legal guardianship, or permanent placement with a fit and willing relative the probation officer recommends placement in a planned permanent living arrangement, the case plan shall include documentation of a compelling reason or reasons why termination of parental rights is not in the minors best interest. For purposes of this subdivision, a compelling reason shall have the same meaning as in subdivision (c) of Section 727.3.
(o)Each updated case plan shall include a description of the services that have been provided to the minor under the plan and an evaluation of the appropriateness and effectiveness of those services.
(p)A statement that the parent or legal guardian, and the minor have had an opportunity to participate in the development of the case plan, to review the case plan, to sign the case plan, and to receive a copy of the plan, or an explanation about why the parent, legal guardian, or minor was not able to participate or sign the case plan.
(q)For a minor in out-of-home care who is 16 years of age or older, a written description of the programs and services, which will help the minor prepare for the transition from foster care to independent living.
SEC. 49.5.Section 706.6 of the Welfare and Institutions Code is amended to read:706.6.(a)Services to minors are best provided in a framework that integrates service planning and delivery among multiple service systems, including the mental health system, using a team-based approach, such as a child and family team. A child and family team brings together individuals that engage with the child or youth and family in assessing, planning, and delivering services. Use of a team approach increases efficiency, and thus reduces cost, by increasing coordination of formal services and integrating the natural and informal supports available to the child or youth and family.
(b)(1)For the purposes of this section, child and family team has the same meaning as in paragraph (4) of subdivision (a) of Section 16501.
(2)In its development of the case plan, the probation agency shall consider any recommendations of the child and family team, as defined in paragraph (4) of subdivision (a) of Section 16501. The agency shall document the rationale for any inconsistencies between the case plan and the child and family team recommendations.
(c)A case plan prepared as required by Section 706.5 shall be submitted to the court. It shall either be attached to the social study or incorporated as a separate section within the social study. The case plan shall include, but not be limited to, the following information:
(1)A description of the circumstances that resulted in the minor being placed under the supervision of the probation department and in foster care.
(2)Documentation of the preplacement assessment of the minors and familys strengths and service needs showing that preventive services have been provided, and that reasonable efforts to prevent out-of-home placement have been made. The assessment shall include the type of placement best equipped to meet those needs.
(3)(A)A description of the type of home or institution in which the minor is to be placed, and the reasons for that placement decision, including a discussion of the safety and appropriateness of the placement, including the recommendations of the child and family team, if available.
(B)An appropriate placement is a placement in the least restrictive, most family-like environment that promotes normal childhood experiences, in closest proximity to the minors home, that meets the minors best interests and special needs.
(d)The following shall apply:
(1)The agency selecting a placement shall consider, in order of priority:
(A)Placement with relatives, nonrelated extended family members, and tribal members.
(B)Foster family homes and certified homes or resource families of foster family agencies.
(C)Treatment and intensive treatment certified homes or resource families of foster family agencies, or multidimensional treatment foster homes or therapeutic foster care homes.
(D)Group care placements in the following order:
(i)Short-term residential treatment centers.
(ii)Group homes.
(iii)Community treatment facilities.
(iv)Out-of-state residential treatment pursuant to Part 5 (commencing with Section 7900) of Division 12 of the Family Code.
(2)Although the placement options shall be considered in the preferential order specified in paragraph (1), the placement of a child may be with any of these placement settings in order to ensure the selection of a safe placement setting that is in the childs best interests and meets the childs special needs.
(3)A minor may be placed into a community care facility licensed as a short-term residential treatment center, as defined in subdivision (ad) of Section 11400, provided the case plan indicates that the placement is for the purposes of providing short-term, specialized, and intensive treatment for the minor, the case plan specifies the need for, nature of, and anticipated duration of this treatment, and the case plan includes transitioning the minor to a less restrictive environment and the projected timeline by which the minor will be transitioned to a less restrictive environment.
(e)Effective January 1, 2010, a case plan shall ensure the educational stability of the child while in foster care and shall include both of the following:
(1)Assurances that the placement takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement.
(2)An assurance that the placement agency has coordinated with appropriate local educational agencies to ensure that the child remains in the school in which the child is enrolled at the time of placement, or, if remaining in that school is not in the best interests of the child, assurances by the placement agency and the local educational agency to provide immediate and appropriate enrollment in a new school and to provide all of the childs educational records to the new school.
(f)Specific time-limited goals and related activities designed to enable the safe return of the minor to his or her home, or in the event that return to his or her home is not possible, activities designed to result in permanent placement or emancipation. Specific responsibility for carrying out the planned activities shall be assigned to one or more of the following:
(1)The probation department.
(2)The minors parent or parents or legal guardian or guardians, as applicable.
(3)The minor.
(4)The foster parents or licensed agency providing foster care.
(g)The projected date of completion of the case plan objectives and the date services will be terminated.
(h)(1)Scheduled visits between the minor and his or her family and an explanation if no visits are made.
(2)Whether the child has other siblings, and, if any siblings exist, all of the following:
(A)The nature of the relationship between the child and his or her siblings.
(B)The appropriateness of developing or maintaining the sibling relationships pursuant to Section 16002.
(C)If the siblings are not placed together in the same home, why the siblings are not placed together and what efforts are being made to place the siblings together, or why those efforts are not appropriate.
(D)If the siblings are not placed together, all of the following:
(i)The frequency and nature of the visits between the siblings.
(ii)If there are visits between the siblings, whether the visits are supervised or unsupervised. If the visits are supervised, a discussion of the reasons why the visits are supervised, and what needs to be accomplished in order for the visits to be unsupervised.
(iii)If there are visits between the siblings, a description of the location and length of the visits.
(iv)Any plan to increase visitation between the siblings.
(E)The impact of the sibling relationships on the childs placement and planning for legal permanence.
(F)The continuing need to suspend sibling interaction, if applicable, pursuant to subdivision (c) of Section 16002.
(3)The factors the court may consider in making a determination regarding the nature of the childs sibling relationships may include, but are not limited to, whether the siblings were raised together in the same home, whether the siblings have shared significant common experiences or have existing close and strong bonds, whether either sibling expresses a desire to visit or live with his or her sibling, as applicable, and whether ongoing contact is in the childs best emotional interests.
(i)(1)When placement is made in a foster family home, group home, or other child care institution that is either a substantial distance from the home of the minors parent or legal guardian or out of state, the case plan shall specify the reasons why the placement is the most appropriate and is in the best interest of the minor.
(2)When an out-of-state group home placement is recommended or made, the case plan shall comply with Section 727.1 of this code and Section 7911.1 of the Family Code. In addition, documentation of the recommendation of the multidisciplinary team and the rationale for this particular placement shall be included. The case plan shall also address what in-state services or facilities were used or considered and why they were not recommended.
(j)If applicable, efforts to make it possible to place siblings together, unless it has been determined that placement together is not in the best interest of one or more siblings.
(k)A schedule of visits between the minor and the probation officer, including a monthly visitation schedule for those children placed in group homes.
(l)Health and education information about the minor, school records, immunizations, known medical problems, and any known medications the minor may be taking, names and addresses of the minors health and educational providers; the minors grade level performance; assurances that the minors placement in foster care takes into account proximity to the school in which the minor was enrolled at the time of placement; and other relevant health and educational information.
(m)When out-of-home services are used and the goal is reunification, the case plan shall describe the services that were provided to prevent removal of the minor from the home, those services to be provided to assist in reunification and the services to be provided concurrently to achieve legal permanency if efforts to reunify fail.
(n)(1)The updated case plan prepared for a permanency planning hearing shall include a recommendation for a permanent plan for the minor. The identified permanent plan for a minor under 16 years of age shall be return home, adoption, legal guardianship, or placement with a fit and willing relative. The case plan shall identify any barriers to achieving legal permanence and the steps the agency will take to address those barriers.
(2)If, after considering reunification, adoptive placement, legal guardianship, or permanent placement with a fit and willing relative the probation officer recommends placement in a planned permanent living arrangement for a minor 16 years of age or older, the case plan shall include documentation of a compelling reason or reasons why termination of parental rights is not in the minors best interest. For purposes of this subdivision, a compelling reason shall have the same meaning as in subdivision (c) of Section 727.3. The case plan shall also identify the intensive and ongoing efforts to return the minor to the home of the parent, place the minor for adoption, establish a legal guardianship, or place the minor with a fit and willing relative, as appropriate. Efforts shall include the use of technology, including social media, to find biological family members of the minor.
(o)Each updated case plan shall include a description of the services that have been provided to the minor under the plan and an evaluation of the appropriateness and effectiveness of those services.
(p)A statement that the parent or legal guardian, and the minor have had an opportunity to participate in the development of the case plan, to review the case plan, to sign the case plan, and to receive a copy of the plan, or an explanation about why the parent, legal guardian, or minor was not able to participate or sign the case plan.
(q)For a minor in out-of-home care who is 16 years of age or older, a written description of the programs and services, which will help the minor prepare for the transition from foster care to successful adulthood.
SEC. 50.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 minors medical, surgical, and dental care and education as if the relative caregiver were the custodial parent of the minor.
(B)A foster home, the approved home of a resource family as defined in Section 16519.5, or a home or facility in accordance with the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(C)A suitable licensed community care facility, as identified by the probation officer, except a runaway and homeless youth shelter licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code.
(D)A foster family agency, as defined in subdivision (g) of Section 11400 and paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code, in a suitable program in a family home, which has been certified by the agency as meeting licensing standards. Commencing January 1, 2017, the requirements of Section 11462.01 shall be met.
(E)Commencing January 1, 2017, a minor or nonminor dependent may be placed in a short-term residential treatment center as defined in subdivision (ad) of Section 11400 and paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code, or a foster family agency, as defined in paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code. The placing agency shall also comply with requirements set forth in paragraph (9) of subdivision (e) of Section 361.2, which includes, but is not limited to, authorization, limitation on length of stay, extensions, and additional requirements related to minors. If the placement is longer than 12 months, the placement shall be approved by the chief probation officer of the county probation department, or his or her designee.
(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 minors 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 courts 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 minors 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. 51.Section 727.1 of the Welfare and Institutions Code is amended to read:727.1.(a)When the court orders the care, custody, and control of the minor to be under the supervision of the probation officer for foster care placement pursuant to subdivision (a) of Section 727, the decision regarding choice of placement, pursuant to Section 706.6, shall be based upon selection of a safe setting that is the least restrictive or most family like, and the most appropriate setting that meets the individual needs of the minor and is available, in proximity to the parents home, consistent with the selection of the environment best suited to meet the minors special needs and best interests. The selection shall consider, in order of priority, placement with relatives, tribal members, and foster family, group care, and residential treatment pursuant to Section 7950 of the Family Code.
(b)Unless otherwise authorized by law, the court may not order the placement of a minor who is adjudged a ward of the court on the basis that he or she is a person described by either Section 601 or 602 in a private residential facility or program that provides 24-hour supervision, outside of the state, unless the court finds, in its order of placement, that all of the following conditions are met:
(1)In-state facilities or programs have been determined to be unavailable or inadequate to meet the needs of the minor.
(2)The State Department of Social Services or its designee has performed initial and continuing inspection of the out-of-state residential facility or program and has either certified that the facility or program meets the greater of all licensure standards required of group homes or of short-term residential treatment centers operated in California, or that the department has granted a waiver to a specific licensing standard upon a finding that there exists no adverse impact to health and safety, pursuant to subdivision (c) of Section 7911.1 of the Family Code.
(3)The requirements of Section 7911.1 of the Family Code are met.
(c)If, upon inspection, the probation officer of the county in which the minor is adjudged a ward of the court determines that the out-of-state facility or program is not in compliance with the standards required under paragraph (2) of subdivision (b) or has an adverse impact on the health and safety of the minor, the probation officer may temporarily remove the minor from the facility or program. The probation officer shall promptly inform the court of the minors removal, and shall return the minor to the court for a hearing to review the suitability of continued out-of-state placement. The probation officer shall, within one business day of removing the minor, notify the State Department of Social Services Compact Administrator, and, within five working days, submit a written report of the findings and actions taken.
(d)The court shall review each of these placements for compliance with the requirements of subdivision (b) at least once every six months.
(e)The county shall not be entitled to receive or expend any public funds for the placement of a minor in an out-of-state group home or short-term residential treatment center, unless the conditions of subdivisions (b) and (d) are met.
SEC. 52.Section 827.11 is added to the Welfare and Institutions Code, to read:827.11.(a)The Legislature finds and declares all of the following:
(1)It is the intent of the Legislature to ensure quality care for children and youth who are placed in the continuum of foster care settings.
(2)Attracting and retaining quality caregivers is critical to achieving positive outcomes for children, youth, and families, and to ensuring the success of child welfare improvement efforts.
(3)Quality caregivers strengthen foster care by ensuring that a foster or relative family caring for a child provides the loving, committed, and skilled care that the child needs, while working effectively with the child welfare system to reach the childs goals.
(4)Caregivers who are informed of the childs educational, medical, dental, and mental health history and current needs are better able to meet those needs and address the effects of trauma, increasing placement stability and improving permanency outcomes.
(5)Sharing necessary information with the caregiver is a critical component of effective service delivery for children and youth in foster care.
(b)Therefore, consistent with state and federal law, information shall be provided to a caregiver regarding the childs or youths educational, medical, dental, and mental health history and current needs.
(c)This section is declaratory of existing law and is not intended to impose a new program or higher level of service upon any local agency. It is intended, however, that this restatement of existing law should engender a renewed sense of commitment to engaging foster parents in order to provide quality care to children and youth in foster care.
(d)No later than January 1, 2017, the department shall consult with representatives of the County Counsels Association of California, County Welfare Directors Association of California, and stakeholders to develop regulations or identify policy changes necessary to allow for the sharing of information as described in this section.
SEC. 53.Section 832 is added to the Welfare and Institutions Code, to read:832.(a)(1)To promote more effective communication needed for the development of a plan to address the needs of the child or youth and family, a person designated as a member of a child and family team as defined in paragraph (4) of subdivision (a) of Section 16501 may receive and disclose relevant information and records, subject to the confidentiality provisions of state and federal law.
(2)Information exchanged among the team shall be received in confidence for the limited purpose of providing necessary services and supports to the child or youth and family and shall not be further disclosed except to the juvenile court with jurisdiction over the child or as otherwise required by law. Civil and criminal penalties may apply to the inappropriate disclosure of information held by the team.
(b)(1) Each participant in the child and family team with legal power to consent shall sign an authorization to release information to team members. In the event that a child or youth who is a dependent or ward of the juvenile court does not have the legal power to consent to the release of information, the childs attorney or other authorized individual may consent on behalf of the child.
(2)Authorization to release information shall be in writing and shall comply with all other applicable state law governing release of medical, mental health, social service, and educational records, and that covers identified team members, including service providers, in order to permit the release of records to the team.
(3)This authorization shall not include release of adoption records.
(4)The knowing and informed consent to release information given pursuant to this section shall only be in force for the time that the child or youth, or family, or nonminor dependent, is participating in the child and family team.
(c)Upon obtaining the authorization to release information as described in subdivision (b), relevant information and records may be shared with members of the team. If the team determines that the disclosure of information would present a reasonable risk of a significant adverse or detrimental effect on the childs or youths psychological or physical safety, the information shall not be released.
(d)Information and records communicated or provided to the team, by all providers, programs, and agencies, as well as information and records created by the team in the course of serving its children, youth, and their families, shall be deemed private and confidential and shall be protected from discovery and disclosure by all applicable statutory and common law. Nothing in this section shall be construed to affect the authority of a health care provider to disclose medical information pursuant to paragraph (1) of subdivision (c) of Section 56.10 of the Civil Code.
(e)If the child welfare agency files or records, or any portions thereof, are privileged or confidential, pursuant to any other state law, except Section 827, or federal law or regulation, the requirements of that state law or federal law or regulation prohibiting or limiting release of the child welfare agency files or records, or any portions thereof, shall prevail.
(f)All discussions during team meetings are confidential unless disclosure is required by law. Notwithstanding any other law, testimony concerning any team meeting discussion is not admissible in any criminal or civil proceeding except as provided in paragraph (2) of subdivision (a).
(g)As used in this section, privileged information means any information subject to a privilege pursuant to Division 8 (commencing with Section 900) of the Evidence Code. Disclosure of otherwise privileged information to team members shall not be construed to waive the privilege.
SEC. 54.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 Californias 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, 2018.
(d)For the 200102 fiscal year, the 200203 fiscal year, the 200304 fiscal year, and the 200405 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. 55.Section 4096 of the Welfare and Institutions Code is amended to read:4096.(a)(1)Interagency collaboration and childrens program services shall be structured in a manner that will facilitate future implementation of the goals of Part 4 (commencing with Section 5850) of Division 5 to develop protocols outlining the roles and responsibilities of placing agencies and group homes regarding emergency and nonemergency placements of foster children in group homes.
(2)Components shall be added to state-county performance contracts required in Section 5650 that provide for reports from counties on how this section is implemented.
(3)The department shall develop performance contract components required by paragraph (2).
(4)Performance contracts subject to this section shall document that the procedures to be implemented in compliance with this section have been approved by the county social services department and the county probation department.
(b)Funds specified in subdivision (a) of Section 17601 for services to wards of the court and dependent children of the court shall be allocated and distributed to counties based on the number of wards of the court and dependent children of the court in the county.
(c)A county may utilize funds allocated pursuant to subdivision (b) only if the county has an established and operational interagency placement committee, with a membership that includes at least the county placement agency and a licensed mental health professional from the county department of mental health. If necessary, the funds may be used for costs associated with establishing the interagency placement committee.
(d)Subsequent to the establishment of an interagency placement committee, funds allocated pursuant to subdivision (b) shall be used to provide services to wards of the court and dependent children of the court jointly identified by county mental health, social services, and probation departments as the highest priority. Every effort shall be made to match those funds with funds received pursuant to Title XIX of the federal Social Security Act, contained in Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code.
(e)(1)Each interagency placement committee shall establish procedures whereby a ward of the court or dependent child of the court, or a voluntarily placed child whose placement is funded by the Aid to Families with Dependent Children-Foster Care Program, who is to be placed or is currently placed in a group home program at a rate classification level 13 or rate classification level 14 as specified in Section 11462.01, is assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3.
(2)The assessment required by paragraph (1) shall also indicate that the child or youth is in need of the care and services provided by that group home program.
(f)The interagency placement committee shall document the results of the assessment required by subdivision (e) and shall notify the appropriate group home provider and county placing agency, in writing, of those results within 10 days of the completion of the assessment.
(g)If the childs or youths placement is not funded by the Aid to Families with Dependent Children-Foster Care Program, a licensed mental health professional, which is defined to include a physician licensed under Section 2050 of the Business and Professions Code, a licensed psychologist within the meaning of subdivision (a) of Section 2902 of the Business and Professions Code, a licensed clinical social worker within the meaning of subdivision (a) of Section 4996 of the Business and Professions Code, a licensed marriage and family therapist within the meaning of subdivision (b) of Section 4980 of the Business and Professions Code, or a licensed professional clinical counselor within the meaning of subdivision (e) of Section 4999.12, shall certify that the child is assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3.
(h)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 56.Section 4096 is added to the Welfare and Institutions Code, to read:4096.(a)(1)Interagency collaboration and childrens program services shall be structured in a manner that will facilitate implementation of the goals of Part 4 (commencing with Section 5850) of Division 5 to develop protocols outlining the roles and responsibilities of placing agencies and short-term residential treatment centers regarding nonemergency placements of foster children in certified short-term residential treatment centers or foster family agencies.
(2)Components shall be added to state-county performance contracts required in Section 5650 that provide for reports from counties on how this section is implemented.
(3)The State Department of Health Care Services shall develop performance contract components required by paragraph (2).
(4)Performance contracts subject to this section shall document that the procedures to be implemented in compliance with this section have been approved by the county social services department and the county probation department.
(b)Funds specified in subdivision (a) of Section 17601 for services to wards of the court and dependent children of the court shall be allocated and distributed to counties based on the number of wards of the court and dependent children of the court in the county.
(c)A county may utilize funds allocated pursuant to subdivision (b) only if the county has established an operational interagency placement committee with a membership that includes at least the county placement agency and a licensed mental health professional from the county department of mental health. If necessary, the funds may be used for costs associated with establishing the interagency placement committee.
(d)Funds allocated pursuant to subdivision (b) shall be used to provide services to wards of the court and dependent children of the court jointly identified by county mental health, social services, and probation departments as the highest priority. Every effort shall be made to match those funds with funds received pursuant to Title XIX of the federal Social Security Act, contained in Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code.
(e)(1)Each interagency placement committee shall establish procedures whereby a ward of the court or dependent child of the court, or a voluntarily placed child whose placement is funded by the Aid to Families with Dependent Children-Foster Care Program, who is to be placed or is currently placed in a short-term residential treatment center program, as specified in Section 11462.01, or a group home granted an extension pursuant to Section 11462.04, shall be assessed to determine whether he or she meets the medical necessity criteria for Medi-Cal specialty mental health Early and Periodic Screening, Diagnosis, and Treatment services, as the criteria are described in Section 1830.210 of Title 9 of the California Code of Regulations, or assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3.
(2)The assessment required by paragraph (1) shall also indicate that the child is in need of the care and services provided by a short-term residential treatment center.
(3)Nothing in this subdivision shall prohibit an interagency placement committee from considering an assessment that was provided by a licensed mental health professional, as described in subdivision (g), and that was developed consistent with procedures established by the county pursuant to paragraph (1).
(f)The interagency placement committee shall document the results of the assessment required by subdivision (e) and shall notify the appropriate provider in writing, of those results within 10 days of the completion of the assessment.
(g)If the childs or youths placement is not funded by the Aid to Families with Dependent Children-Foster Care Program, a licensed mental health professional, or an otherwise recognized provider of mental health services, shall certify that the child has been assessed as meeting the medical necessity criteria for Medi-Cal specialty mental health Early and Periodic Screening, Diagnosis, and Treatment services, as the criteria are described in Section 1830.210 of Title 9 of the California Code of Regulations, or assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3. A licensed mental health professional includes a physician licensed under Section 2050 of the Business and Professions Code, a licensed psychologist within the meaning of subdivision (a) of Section 2902 of the Business and Professions Code, a licensed clinical social worker within the meaning of subdivision (a) of Section 4996 of the Business and Professions Code, a licensed marriage and family therapist within the meaning of subdivision (b) of Section 4980 of the Business and Professions Code, or a licensed professional clinical counselor within the meaning of subdivision (e) of Section 4999.12.
(h)This section shall become operative on January 1, 2017.
SEC. 57.Section 4096.1 is added to the Welfare and Institutions Code, to read:4096.1.(a)(1)Interagency collaboration and childrens program services shall be structured in a manner that will facilitate future implementation of the goals of Part 4 (commencing with Section 5850) of Division 5 to develop protocols outlining the roles and responsibilities of placing agencies and group homes regarding emergency and nonemergency placements of foster children in group homes.
(2)Components shall be added to state-county performance contracts required in Section 5650 that provide for reports from counties on how this section is implemented.
(3)The State Department of Health Care Services shall develop performance contract components required by paragraph (2).
(4)Performance contracts subject to this section shall document that the procedures to be implemented in compliance with this section have been approved by the county social services department and the county probation department.
(b)Funds specified in subdivision (a) of Section 17601 for services to wards of the court and dependent children of the court shall be allocated and distributed to counties based on the number of wards of the court and dependent children of the court in the county.
(c)A county may utilize funds allocated pursuant to subdivision (b) only if the county has established an operational interagency placement committee, with a membership that includes at least the county placement agency and a licensed mental health professional from the county department of mental health. If necessary, the funds may be used for costs associated with establishing the interagency placement committee.
(d)Subsequent to the establishment of an interagency placement committee, funds allocated pursuant to subdivision (b) shall be used to provide services to wards of the court and dependent children of the court jointly identified by county mental health, social services, and probation departments as the highest priority. Every effort shall be made to match those funds with funds received pursuant to Title XIX of the federal Social Security Act, contained in Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code.
(e)(1)Each interagency placement committee shall establish procedures whereby a ward of the court or dependent child of the court, or a voluntarily placed child whose placement is funded by the Aid to Families with Dependent Children-Foster Care Program, who is to be placed or is currently placed in a group home program at a rate classification level 13 or rate classification level 14 as specified in Section 11462.001, is assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3.
(2)The assessment required by paragraph (1) shall also indicate that the child or youth is in need of the care and services provided by that group home program.
(f)The interagency placement committee shall document the results of the assessment required by subdivision (e) and shall notify the appropriate group home provider and county placing agency, in writing, of those results within 10 days of the completion of the assessment.
(g)If the childs or youths placement is not funded by the Aid to Families with Dependent Children-Foster Care Program, a licensed mental health professional, as defined in subdivision (g) of Section 4096, shall certify that the child has been assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3.
(h)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 that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11463.1.
(i)This section shall become operative on January 1, 2017.
(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. 58.Section 4096.5 of the Welfare and Institutions Code is amended to read:4096.5.(a)The State Department of Health Care Services shall make a determination, within 45 days of receiving a request from a group home to be classified at RCL 13 or RCL 14 pursuant to Section 11462.01, to certify or deny certification that the group home program includes provisions for mental health treatment services that meet the needs of children who have been assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3. The department shall issue each certification for a period of one year and shall specify the effective date the program met the certification requirements. A program may be recertified if the program continues to meet the criteria for certification.
(b)The State Department of Health Care Services shall, in consultation with the County Behavioral Health Directors Association of California and representatives of provider organizations, develop the criteria for the certification required by subdivision (a) by July 1, 1992.
(c)(1)The State Department of Health Care Services may, upon the request of a county, delegate to that county the certification task.
(2)Any county to which the certification task is delegated pursuant to paragraph (1) shall use the criteria and format developed by the department.
(d)The State Department of Health Care Services or delegated county shall notify the State Department of Social Services Community Care Licensing Division immediately upon the termination of any certification issued in accordance with subdivision (a).
(e)Upon receipt of notification from the State Department of Social Services Community Care Licensing Division of any adverse licensing action taken after the finding of noncompliance during an inspection conducted pursuant to Section 1538.7 of the Health and Safety Code, the State Department of Health Care Services or the delegated county shall review the certification issued pursuant to this section.
(f)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 59.Section 4096.5 is added to the Welfare and Institutions Code, to read:4096.5.(a)All short-term residential treatment centers that operate a mental health program that serves children who have either been assessed as meeting the medical necessity criteria for Medi-Cal specialty mental health services under Early and Periodic Screening, Diagnosis, and Treatment services, as the criteria are described in Section 1830.20 of Title 9 of the California Code of Regulations, or who have been assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, shall obtain and have in good standing a mental health certification, as described in Section 11462.01, issued by the State Department of Health Care Services or a county mental health plan to which the department has delegated certification authority. This certification is a condition for receiving an Aid to Families with Dependent Children-Foster Care rate pursuant to Section 11462.01.
(b)The State Department of Health Care Services or a county mental health plan to which the department has delegated certification authority shall certify or deny certification within 45 days of receiving a certification request. The State Department of Health Care Services or a county mental health plan to which the department has delegated certification authority shall issue each certification for a period of one year and shall specify the effective date that the program met the program standards. Certified entities shall meet all program standards to be recertified.
(c)The State Department of Health Care Services shall promulgate regulations regarding program standards, oversight, enforcement, and due process for the mental health certification of short-term residential treatment centers.
(d)(1)Except for certification of short-term residential treatment centers operated by a county, the State Department of Health Care Services may, upon the request of a county, delegate to that county mental health plan the certification of short-term residential treatment center programs within its borders.
(2)Any county to which certification is delegated pursuant to paragraph (1) shall be responsible for the oversight and enforcement of program standards and the provision of due process for certified entities.
(e)The State Department of Health Care Services or a county mental health plan to which the department has delegated certification authority shall notify the State Department of Social Services immediately upon the termination of any certification issued in accordance with subdivisions (a) and (b).
(f)The State Department of Social Services shall notify the State Department of Health Care Services or a county to which the department has delegated certification authority immediately upon the revocation of any license issued pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code.
(g)Revocation of a license or a mental health certification shall be a basis for rate termination.
(h)This section shall become operative on January 1, 2017.
SEC. 60.Section 4096.55 is added to the Welfare and Institutions Code, to read:4096.55.(a)The State Department of Health Care Services shall make a determination, within 45 days of receiving a request from a group home to be classified at rate classification level 13 or rate classification level 14 pursuant to Section 11462.015, to certify or deny certification that the group home program includes provisions for mental health treatment services that meet the needs of children who have been assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3. The department shall issue each certification for a period of one year and shall specify the effective date the program met the certification requirements. A program may be recertified if the program continues to meet the criteria for certification.
(b)The State Department of Health Care Services shall, in consultation with the County Behavioral Health Directors Association of California and representatives of provider organizations, develop the criteria for the certification required by subdivision (a).
(c)(1)The State Department of Health Care Services may, upon the request of a county, delegate to that county the certification task.
(2)Any county to which the certification task is delegated pursuant to paragraph (1) shall use the criteria and format developed by the department.
(d)The State Department of Health Care Services or delegated county shall notify the State Department of Social Services Community Care Licensing Division immediately upon the termination of any certification issued in accordance with subdivision (a).
(e)Upon receipt of notification from the State Department of Social Services Community Care Licensing Division of any adverse licensing action taken after the finding of noncompliance during an inspection conducted pursuant to Section 1538.7 of the Health and Safety Code, the State Department of Health Care Services or the delegated county shall review the certification issued pursuant to this section.
(f)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.
(g)This section shall become operative on January 1, 2017.
(h)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. 61.Section 5600.3 of the Welfare and Institutions Code is amended to read:5600.3.To the extent resources are available, the primary goal of the use of funds deposited in the mental health account of the local health and welfare trust fund should be to serve the target populations identified in the following categories, which shall not be construed as establishing an order of priority:
(a)(1)Seriously emotionally disturbed children or adolescents.
(2)For the purposes of this part, seriously emotionally disturbed children or adolescents means minors under the age of 18 years who have a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, other than a primary substance use disorder or developmental disorder, which results in behavior inappropriate to the childs age according to expected developmental norms. Members of this target population shall meet one or more of the following criteria:
(A)As a result of the mental disorder, the child has substantial impairment in at least two of the following areas: self-care, school functioning, family relationships, or ability to function in the community; and either of the following occur:
(i)The child is at risk of removal from home or has already been removed from the home.
(ii)The mental disorder and impairments have been present for more than six months or are likely to continue for more than one year without treatment.
(B)The child displays one of the following: psychotic features, risk of suicide or risk of violence due to a mental disorder.
(C)The child has been assessed pursuant to Article 2 (commencing with Section 56320) of Chapter 4 of Part 30 of Division 4 of Title 2 of the Education Code and determined to have an emotional disturbance, as defined in paragraph (4) of subdivision (c) of Section 300.8 of Title 34 of the Code of Federal Regulations.
(b)(1)Adults and older adults who have a serious mental disorder.
(2)For the purposes of this part, serious mental disorder means a mental disorder that is severe in degree and persistent in duration, which may cause behavioral functioning which interferes substantially with the primary activities of daily living, and which may result in an inability to maintain stable adjustment and independent functioning without treatment, support, and rehabilitation for a long or indefinite period of time. Serious mental disorders include, but are not limited to, schizophrenia, bipolar disorder, post-traumatic stress disorder, as well as major affective disorders or other severely disabling mental disorders. This section shall not be construed to exclude persons with a serious mental disorder and a diagnosis of substance abuse, developmental disability, or other physical or mental disorder.
(3)Members of this target population shall meet all of the following criteria:
(A)The person has a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, other than a substance use disorder or developmental disorder or acquired traumatic brain injury pursuant to subdivision (a) of Section 4354 unless that person also has a serious mental disorder as defined in paragraph (2).
(B)(i)As a result of the mental disorder, the person has substantial functional impairments or symptoms, or a psychiatric history demonstrating that without treatment there is an imminent risk of decompensation to having substantial impairments or symptoms.
(ii)For the purposes of this part, functional impairment means being substantially impaired as the result of a mental disorder in independent living, social relationships, vocational skills, or physical condition.
(C)As a result of a mental functional impairment and circumstances, the person is likely to become so disabled as to require public assistance, services, or entitlements.
(4)For the purpose of organizing outreach and treatment options, to the extent resources are available, this target population includes, but is not limited to, persons who are any of the following:
(A)Homeless persons who are mentally ill.
(B)Persons evaluated by appropriately licensed persons as requiring care in acute treatment facilities including state hospitals, acute inpatient facilities, institutes for mental disease, and crisis residential programs.
(C)Persons arrested or convicted of crimes.
(D)Persons who require acute treatment as a result of a first episode of mental illness with psychotic features.
(5)California veterans in need of mental health services and who meet the existing eligibility requirements of this section, shall be provided services to the extent services are available to other adults pursuant to this section. Veterans who may be eligible for mental health services through the United States Department of Veterans Affairs should be advised of these services by the county and assisted in linking to those services.
(A)No eligible veteran shall be denied county mental health services based solely on his or her status as a veteran.
(B)Counties shall refer a veteran to the county veterans service officer, if any, to determine the veterans eligibility for, and the availability of, mental health services provided by the United States Department of Veterans Affairs or other federal health care provider.
(C)Counties should consider contracting with community-based veterans services agencies, where possible, to provide high-quality, veteran specific mental health services.
(c)Adults or older adults who require or are at risk of requiring acute psychiatric inpatient care, residential treatment, or outpatient crisis intervention because of a mental disorder with symptoms of psychosis, suicidality, or violence.
(d)Persons who need brief treatment as a result of a natural disaster or severe local emergency.
SEC. 62.Section 10553.12 of the Welfare and Institutions Code is amended to read:10553.12.(a)Notwithstanding any other law, a federally recognized tribe is authorized, but not required, to approve a home for the purpose of foster or adoptive placement of an Indian child pursuant to the Federal Indian Child Welfare Act (25 U.S.C. Sec. 1915).
(b)An Indian child, as defined by subdivisions (a) and (b) of Section 224, that has been removed pursuant to Section 361, from the custody or his or her parents or Indian custodian may be placed in a tribally approved home pursuant to Section 1915 of the federal Indian Child Welfare Act.
(c)To facilitate the availability of tribally approved homes that have been fully approved in accord with federal law, including completion of required background checks, a tribal agency may request from the Department of Justice federal and state summary criminal history information regarding a prospective foster parent or adoptive parent, an adult who resides or is employed in the home of an applicant, any person who has a familial or intimate relationship with any person living in the home of an applicant, or an employee of the child welfare agency who may have contact with children, in accord with subdivision (m) of Section 11105 of the Penal Code and Child Abuse Central Index Information pursuant to paragraph (8) of subdivision (b) of Section 11170 of the Penal Code.
(d)As used in this section, a tribal agency means an entity designated by a federally recognized tribe as authorized to approve homes consistent with the Indian Child Welfare Act for the purpose of placement of Indian children, into foster or adoptive care, including the authority to conduct criminal record and child abuse background checks of, and grant exemptions to, individuals who are prospective foster parents or adoptive parents, an adult who resides or is employed in the home of an applicant for approval, any person who has a familial or intimate relationship with any person living in the home of an applicant, or an employee of the tribal agency who may have contact with children.
(e)A county social worker may place an Indian child in a tribally approved home without having to conduct a separate background check, upon certification by the tribal agency of the following:
(1)The tribal agency has completed a criminal record background check in accord with the standards set forth in Section 1522 of the Health and Safety Code, and a Child Abuse Central Index Check pursuant to Section 1522.1 of the Health and Safety Code, with respect to each of the individuals described in subdivision (c).
(2)The tribal agency has agreed to report to a county child welfare agency responsible for a child placed in the tribally approved home, within 24 hours of notification to the tribal agency by the Department of Justice, of a subsequent state or federal arrest or disposition notification provided pursuant to Section 11105.2 of the Penal Code involving an individual associated with the tribally approved home where an Indian child is placed.
(3)If the tribal agency in its certification states that the individual was granted a criminal record exemption, the certification shall specify that the exemption was evaluated in accord with the standards and limitations set forth in paragraph (1) of subdivision (g) of Section 1522 of the Health and Safety Code and was not granted to an individual ineligible for an exemption under that provision.
SEC. 63.Section 11253.2 is added to the Welfare and Institutions Code, to read:11253.2.(a)Notwithstanding any other law, an application for aid filed on behalf of a child to whom Section 309, 361.45, or 16519.5 applies shall be processed pursuant to an expedited process as determined by the department in consultation with the counties.
(b)Subdivision (a) shall not apply if the person who applies for aid on behalf of a child described in subdivision (a) is also an applicant for or a recipient of benefits under this chapter.
(c)(1) Except as provided in paragraph (2), a person who applies for aid on behalf of a child described in subdivision (a) shall be exempt from Chapter 4.6 (commencing with Section 10830) of Part 2 governing the statewide fingerprint imaging system.
(2)A relative caregiver who is also an applicant for or a recipient of benefits under this chapter shall comply with the statewide fingerprint imaging system requirements.
SEC. 64.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 childs needs. It shall also include the agencys 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 childs family, and the foster parents, in order to meet the childs needs while in foster care, and to reunify the child with the childs family. In addition, the plan shall specify the services that will be provided or steps that will be taken to facilitate an alternate permanent plan if reunification is not possible.
(c)Certified family home means a family residence certified by a licensed foster family agency and issued a certificate of approval by that agency as meeting licensing standards, and used only by that foster family agency for placements.
(d)Family home means the family residence of a licensee in which 24-hour care and supervision are provided for children.
(e)Small family home means any residential facility, in the licensees 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 childs 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 childs return home or establishment of alternative permanent placement.
(j)Permanency planning hearing means a hearing conducted by the juvenile court in which the childs 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 childs placement; or to the responsibility designated to an individual by virtue of his or her being appointed the childs 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 members 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 nonminors 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 nonminors and social workers or probation officers 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 dependents 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 childs case plan submitted for the last review hearing held before he or she reaches 18 years of age or the nonminor dependents 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 nonminors appropriate supervised placement setting, and the nonminors 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 nonminors 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 nonminors 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 nonminors agreement to work collaboratively with the placing agency to develop his or her transitional independent living case plan within 60 days of reentry, the nonminors agreement to report any changes of circumstances relevant to continued eligibility for foster care payments, and (1) the nonminors 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 agencys 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 nonminors 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 courts 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 childs or youths case plan specifies the need for, nature of, and anticipated duration of this specialized treatment.
(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. 65.Section 11402 of the Welfare and Institutions Code is amended to read:11402.In order to be eligible for AFDC-FC, a child or nonminor dependent shall be placed in one of the following:
(a)Prior to January 1, 2019, 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 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)An exclusive-use home.
(g)A housing model certified by a licensed transitional housing placement provider as described in Section 1559.110 of the Health and Safety Code and as defined in subdivision (r) of Section 11400.
(h)An out-of-state group home, provided that the placement worker, in addition to complying with all other statutory requirements for placing a 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.
(i)An approved supervised independent living setting for nonminor dependents, as defined in subdivision (w) of Section 11400.
(j)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 66.Section 11402 is added to the Welfare and Institutions Code, to read:11402.In order to be eligible for AFDC-FC, a child or nonminor dependent shall be placed in one of the following:
(a)Prior to January 1, 2019, 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 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 approved home of a nonrelative extended family member, as described in Section 362.7.
(c)(1)Prior to January 1, 2019, the licensed family home of a nonrelative.
(2)The approved home of a resource family, as defined in Section 16519.5.
(d)(1)A housing model certified by a licensed transitional housing placement provider, as described in Section 1559.110 of the Health and Safety Code, and as defined in subdivision (r) of Section 11400.
(2)An approved supervised independent living setting for nonminor dependents, as defined in subdivision (w) of Section 11400.
(e)A licensed foster family agency, 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.
(f)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)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)A community treatment facility set forth in Article 5 (commencing with Section 4094) of Chapter 3 of Part 1 of Division 4.
(i)This section shall become operative on January 1, 2017.
SEC. 67.Section 11402.01 is added to the Welfare and Institutions Code, immediately following Section 11402, to read: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. 68.Section 11403.2 of the Welfare and Institutions Code is amended to read:11403.2.(a)The following persons shall be eligible for transitional housing provided pursuant to Article 4 (commencing with Section 16522) of Chapter 5 of Part 4:
(1)Any foster child at least 16 years of age and not more than 18 years of age, and, on or after January 1, 2012, any nonminor dependent, as defined in subdivision (v) of Section 11400, who is eligible for AFDC-FC benefits as described in Section 11401. A foster child under 18 years of age shall be eligible for placement in the program certified as a Transitional Housing Placement Program, pursuant to paragraph (1) of subdivision (a) of Section 16522.1. A nonminor dependent shall be eligible for placement in the program certified as a Transitional Housing Placement-Plus Foster Care Program pursuant to paragraph (2) of subdivision (a) of Section 16522.1.
(2)(A)Any former foster youth at least 18 years of age and, except as provided in subparagraph (B), not more than 24 years of age who has exited from the foster care system on or after his or her 18th birthday and elects to participate in Transitional Housing Program-Plus, as defined in subdivision (s) of Section 11400, if he or she has not received services under this paragraph for more than a total of 24 months, whether or not consecutive. If the person participating in a Transitional Housing Program-Plus is not receiving aid under Section 11403.1, he or she, as a condition of participation, shall enter into, and execute the provisions of, a transitional independent living plan that shall be mutually agreed upon, and annually reviewed, by the former foster youth and the applicable county welfare or probation department or independent living program coordinator. The person participating under this paragraph shall inform the county of any changes to conditions specified in the agreed-upon plan that affect eligibility, including changes in address, living circumstances, and the educational or training program.
(B)A county may, at its option, extend the services provided under subparagraph (A) to former foster youth not more than 25 years of age, and for a total of 36 months, whether or not consecutive, if the former foster youth, in addition to the requirements specified in subparagraph (A), meets either of the following criteria:
(i)The former foster youth is completing secondary education or a program leading to an equivalent credential.
(ii)The former foster youth is enrolled in an institution that provides postsecondary education.
(b)Payment on behalf of an eligible person receiving transitional housing services pursuant to paragraph (1) of subdivision (a) shall be made to the transitional housing placement provider pursuant to the conditions and limitations set forth in Section 11403.3. Notwithstanding Section 11403.3, the department, in consultation with concerned stakeholders, including, but not limited to, representatives of the Legislature, the County Welfare Directors Association of California, the Chief Probation Officers of California, the Judicial Council, representatives of Indian tribes, the California Youth Connection, former foster youth, child advocacy organizations, labor organizations, juvenile justice advocacy organizations, foster caregiver organizations, researchers, and transitional housing placement providers, shall convene a workgroup to establish a new rate structure for the Title IV-E funded THP-Plus Foster Care placement option for nonminor dependents. The workgroup shall also consider application of this new rate structure to the Transitional Housing Program-Plus, as described in paragraph (2) of subdivision (a) of Section 11403.3. In developing the new rate structure pursuant to this subdivision, the department shall consider the average rates in effect and being paid by counties to current transitional housing placement providers.
(c)The Legislature finds and declares that this subdivision was added in 2015 to clearly codify the requirement of existing law regarding the payment made on behalf of an eligible person receiving transitional housing services. The workgroup described in subdivision (b) recommended, and the department subsequently implemented, an annual adjustment to the payment made on behalf of an eligible person receiving transitional housing services. This annual adjustment has been, and shall continue to be, equal to the California Necessities Index applicable to each fiscal year. The Legislature hereby codifies that its intent remains in making this annual adjustment to support the care and supervision, including needed services and supports, for nonminor dependents who are receiving transitional housing services through the THP-Plus Foster Care Program.
SEC. 69.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 childs personal incidentals, liability insurance with respect to a child, reasonable travel to the childs 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, 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 years standard rate for rate classification level 14 for a group home.
(ii)Commencing January 1, 2017, the current fiscal years 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 countys 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. 70.Section 11461.2 of the Welfare and Institutions Code is amended to read:11461.2.(a)It is the intent of the Legislature to ensure quality care for children who are placed in the continuum of AFDC-FC eligible placement settings.
(b)The State Department of Social Services shall establish, in consultation with county welfare departments and other stakeholders, as appropriate, a working group to develop recommended revisions to the current ratesetting system, services, and programs serving children and families in the continuum of AFDC-FC eligible placement settings including, at a minimum, all programs provided by foster family agencies and group homes including those providing residentially based services, as defined in paragraph (1) of subdivision (a) of Section 18987.71.
(c)In developing the recommended revisions identified in subdivision (b), the working group shall consider all of the following:
(1)How ratesetting systems for foster care providers, including, at least, foster family agencies and group homes, can better support a continuum of programs and services that promote positive outcomes for children and families. This may include a process for matching the childs strengths and needs to the appropriate placement setting.
(2)How the provision of an integrated, comprehensive set of services including mental health and other critical services for children and youth support the achievement of well-being, permanency, and safety outcomes.
(3)How to ensure the provision of services in a family setting that promotes normal childhood experiences and that serves the needs of the child, including aftercare services, when appropriate.
(4)How to provide outcome-based evaluations of foster care providers or other methods of measuring quality improvement including measures of youth and families satisfaction with services provided and program effectiveness.
(5)How changes in the licensing, ratesetting, and auditing processes can improve the quality of foster care providers, the quality of services and programs provided, and enhance the oversight of care provided to children, including, but not limited to, accreditation, administrator qualifications, and the reassignment of these responsibilities within the department.
(d)In addition to the considerations in subdivision (c), the workgroup recommendations shall be based on the review and evaluation of the current ratesetting systems, actual cost data, and information from the provider community as well as research on other applicable ratesetting methodologies, evidence-based practices, information developed as a result of pilots approved by the director, and any other relevant information.
(e)(1)The workgroup shall develop the content, format, and data sources for reports to be posted by the department on a public Internet Web site describing the outcomes achieved by providers with foster care rates set by the department.
(2)Commencing January 1, 2017, and at least semiannually after that date, the department shall publish and make available on a public Internet Web site, short-term residential treatment center and foster family agency provider performance indicators.
(f)(1)Recommendations developed pursuant to this section shall include the plan required under subdivision (d) of Section 18987.7. Updates regarding the workgroups establishment and its progress toward meeting the requirements of this section shall be provided to the Legislature during 201213 and 201314 budget hearings. The revisions recommended pursuant to the requirements of subdivision (b) shall be submitted in a report to the appropriate policy and fiscal committees of the Legislature by October 1, 2014.
(2)The requirement for submitting a report pursuant to this subdivision is inoperative on October 1, 2018, pursuant to Section 10231.5 of the Government Code.
(g)The department shall retain the authority to extend the workgroup after October 1, 2014, to ensure that the objectives of this section are met and to reconvene this workgroup as necessary to address any future recommended changes to the continuum of AFDC-FC eligible placement settings pursuant to this section.
SEC. 71.Section 11462 of the Welfare and Institutions Code is amended to read:11462.(a)(1)Effective July 1, 1990, foster care providers licensed as group homes, as defined in departmental regulations, including public child care institutions, as defined in Section 11402.5, shall have rates established by classifying each group home program and applying the standardized schedule of rates. The department shall collect information from group providers beginning January 1, 1990, in order to classify each group home program.
(2)Notwithstanding paragraph (1), foster care providers licensed as group homes shall have rates established only if the group home is organized and operated on a nonprofit basis as required under subdivision (h) of Section 11400. The department shall terminate the rate effective January 1, 1993, of any group home not organized and operated on a nonprofit basis as required under subdivision (h) of Section 11400.
(3)(A)The department shall determine, consistent with the requirements of this chapter and other relevant requirements under law, the rate classification level (RCL) for each group home program on a biennial basis. Submission of the biennial rate application shall be made according to a schedule determined by the department.
(B)The department shall adopt regulations to implement this paragraph. The adoption, amendment, repeal, or readoption of a regulation authorized by this paragraph is deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement to describe specific facts showing the need for immediate action.
(b)A group home program shall be initially classified, for purposes of emergency regulations, according to the level of care and services to be provided using a point system developed by the department and described in the report, The Classification of Group Home Programs under the Standardized Schedule of Rates System, prepared by the State Department of Social Services, August 30, 1989.
(c)The rate for each RCL has been determined by the department with data from the AFDC-FC Group Home Rate Classification Pilot Study. The rates effective July 1, 1990, were developed using 1985 calendar year costs and reflect adjustments to the costs for each fiscal year, starting with the 198687 fiscal year, by the amount of the California Necessities Index computed pursuant to the methodology described in Section 11453. The data obtained by the department using 1985 calendar year costs shall be updated and revised by January 1, 1993.
(d)As used in this section, standardized schedule of rates means a listing of the 14 rate classification levels, and the single rate established for each RCL.
(e)Except as specified in paragraph (1), the department shall determine the RCL for each group home program on a prospective basis, according to the level of care and services that the group home operator projects will be provided during the period of time for which the rate is being established.
(1)(A)(i)For new and existing providers requesting the establishment of an RCL, and for existing group home programs requesting an RCL increase, the department shall determine the RCL no later than 13 months after the effective date of the provisional rate. The determination of the RCL shall be based on a program audit of documentation and other information that verifies the level of care and supervision provided by the group home program during a period of the two full calendar months or 60 consecutive days, whichever is longer, preceding the date of the program audit, unless the group home program requests a lower RCL. The program audit shall not cover the first six months of operation under the provisional rate.
(ii)For audit purposes, if the group home program serves a mixture of AFDC-FC eligible and ineligible children, the weighted hours for child care and social work services provided and the capacity of the group home shall be adjusted by the ratio of AFDC-FC eligible children to all children in placement.
(iii)Pending the departments issuance of the program audit report that determines the RCL for the group home program, the group home program shall be eligible to receive a provisional rate that shall be based on the level of care and service that the group home program proposes it will provide. The group home program shall be eligible to receive only the RCL determined by the department during the pendency of any appeal of the departments RCL determination.
(B)A group home program may apply for an increase in its RCL no earlier than two years from the date the department has determined the group home programs rate, unless the host county, the primary placing county, or a regional consortium of counties submits to the department in writing that the program is needed in that county, that the provider is capable of effectively and efficiently operating the proposed program, and that the provider is willing and able to accept AFDC-FC children for placement who are determined by the placing agency to need the level of care and services that will be provided by the program.
(C)To ensure efficient administration of the departments audit responsibilities, and to avoid the fraudulent creation of records, group home programs shall make records that are relevant to the RCL determination available to the department in a timely manner. Except as provided in this section, the department may refuse to consider, for purposes of determining the rate, any documents that are relevant to the determination of the RCL that are not made available by the group home provider by the date the group home provider requests a hearing on the departments RCL determination. The department may refuse to consider, for purposes of determining the rate, the following records, unless the group home provider makes the records available to the department during the fieldwork portion of the departments program audit:
(i)Records of each employees full name, home address, occupation, and social security number.
(ii)Time records showing when the employee begins and ends each work period, meal periods, split shift intervals, and total daily hours worked.
(iii)Total wages paid each payroll period.
(iv)Records required to be maintained by licensed group home providers under Title 22 of the California Code of Regulations that are relevant to the RCL determination.
(D)To minimize financial abuse in the startup of group home programs, when the departments RCL determination is more than three levels lower than the RCL level proposed by the group home provider, and the group home provider does not appeal the departments RCL determination, the department shall terminate the rate of a group home program 45 days after issuance of its program audit report. When the group home provider requests a hearing on the departments RCL determination, and the RCL determined by the director under subparagraph (E) is more than three levels lower than the RCL level proposed by the group home provider, the department shall terminate the rate of a group home program within 30 days of issuance of the directors decision. Notwithstanding the reapplication provisions in subparagraph (B), the department shall deny any request for a new or increased RCL from a group home provider whose RCL is terminated pursuant to this subparagraph, for a period of no greater than two years from the effective date of the RCL termination.
(E)A group home provider may request a hearing of the departments RCL determination under subparagraph (A) no later than 30 days after the date the department issues its RCL determination. The departments RCL determination shall be final if the group home provider does not request a hearing within the prescribed time. Within 60 days of receipt of the request for hearing, the department shall conduct a hearing on the RCL determination. The standard of proof shall be the preponderance of the evidence and the burden of proof shall be on the department. The hearing officer shall issue the proposed decision within 45 days of the close of the evidentiary record. The director shall adopt, reject, or modify the proposed decision, or refer the matter back to the hearing officer for additional evidence or findings within 100 days of issuance of the proposed decision. If the director takes no action on the proposed decision within the prescribed time, the proposed decision shall take effect by operation of law.
(2)Group home programs that fail to maintain at least the level of care and services associated with the RCL upon which their rate was established shall inform the department. The department shall develop regulations specifying procedures to be applied when a group home fails to maintain the level of services projected, including, but not limited to, rate reduction and recovery of overpayments.
(3)The department shall not reduce the rate, establish an overpayment, or take other actions pursuant to paragraph (2) for any period that a group home program maintains the level of care and services associated with the RCL for children actually residing in the facility. Determinations of levels of care and services shall be made in the same way as modifications of overpayments are made pursuant to paragraph (2) of subdivision (b) of Section 11466.2.
(4)A group home program that substantially changes its staffing pattern from that reported in the group home program statement shall provide notification of this change to all counties that have placed children currently in care. This notification shall be provided whether or not the RCL for the program may change as a result of the change in staffing pattern.
(f)(1)The standardized schedule of rates for the 200203, 200304, 200405, 200506, 200607, and 200708 fiscal years is:
FY 200203, 200304, 200405, 200506, 200607, and 200708 | ||
Rate Classification Level | Point Ranges | Standard Rate |
1 | Under 60 | $1,454 |
2 | 6089 | 1,835 |
3 | 90119 | 2,210 |
4 | 120149 | 2,589 |
5 | 150179 | 2,966 |
6 | 180209 | 3,344 |
7 | 210239 | 3,723 |
8 | 240269 | 4,102 |
9 | 270299 | 4,479 |
10 | 300329 | 4,858 |
11 | 330359 | 5,234 |
12 | 360389 | 5,613 |
13 | 390419 | 5,994 |
14 | 420 & Up | 6,371 |
(2)(A)For group home programs that receive AFDC-FC payments for services performed during the 200203, 200304, 200405, 200506, 200607, 200708, 200809, and 200910 fiscal years, the adjusted RCL point ranges below shall be used for establishing the biennial rates for existing programs, pursuant to paragraph (3) of subdivision (a) and in performing program audits and in determining any resulting rate reduction, overpayment assessment, or other actions pursuant to paragraph (2) of subdivision (e):
Adjusted Point Ranges for the 200203, 200304, | |
Rate Classification Level | 200405, 200506, 200607, 200708, 200809, and 200910 Fiscal Years |
1 | Under 54 |
2 | 5481 |
3 | 82110 |
4 | 111138 |
5 | 139167 |
6 | 168195 |
7 | 196224 |
8 | 225253 |
9 | 254281 |
10 | 282310 |
11 | 311338 |
12 | 339367 |
13 | 368395 |
14 | 396 & Up |
(B)Notwithstanding subparagraph (A), foster care providers operating group homes during the 200203, 200304, 200405, 200506, 200607, 200708, 200809, and 200910 fiscal years shall remain responsible for ensuring the health and safety of the children placed in their programs in accordance with existing applicable provisions of the Health and Safety Code and community care licensing regulations, as contained in Title 22 of the California Code of Regulations.
(C)Subparagraph (A) shall not apply to program audits of group home programs with provisional rates established pursuant to paragraph (1) of subdivision (e). For those program audits, the RCL point ranges in paragraph (1) shall be used.
(D)Rates applicable for the 200910 fiscal year pursuant to the act that adds this subparagraph shall be effective October 1, 2009.
(3)(A)For group home programs that receive AFDC-FC payments for services performed during the 200910 fiscal year the adjusted RCL point ranges below shall be used for establishing the biennial rates for existing programs, pursuant to paragraph (3) of subdivision (a) and in performing program audits and in determining any resulting rate reduction, overpayment assessment, or other actions pursuant to paragraph (2) of subdivision (e):
Rate | Adjusted Point Ranges |
|---|---|
Classification | for the 200910 |
Level | Fiscal Years |
1 | Under 39 |
2 | 3964 |
3 | 6590 |
4 | 91115 |
5 | 116141 |
6 | 142167 |
7 | 168192 |
8 | 193218 |
9 | 219244 |
10 | 245270 |
11 | 271295 |
12 | 296321 |
13 | 322347 |
14 | 348 & Up |
(B)Notwithstanding subparagraph (A), foster care providers operating group homes during the 200910 fiscal year shall remain responsible for ensuring the health and safety of the children placed in their programs in accordance with existing applicable provisions of the Health and Safety Code and community care licensing regulations as contained in Title 22 of the California Code of Regulations.
(C)Subparagraph (A) shall not apply to program audits of group home programs with provisional rates established pursuant to paragraph (1) of subdivision (e). For those program audits, the RCL point ranges in paragraph (1) shall be used.
(g)(1)(A)For the 19992000 fiscal year, the standardized rate for each RCL shall be adjusted by an amount equal to the California Necessities Index computed pursuant to the methodology described in Section 11453. The resultant amounts shall constitute the new standardized schedule of rates, subject to further adjustment pursuant to subparagraph (B).
(B)In addition to the adjustment in subparagraph (A), commencing January 1, 2000, the standardized rate for each RCL shall be increased by 2.36 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new standardized schedule of rates.
(2)Beginning with the 200001 fiscal year, the standardized schedule of rates shall be adjusted annually by an amount equal to the CNI computed pursuant to Section 11453, subject to the availability of funds. The resultant amounts shall constitute the new standardized schedule of rates.
(3)Effective January 1, 2001, the amount included in the standard rate for each Rate Classification Level (RCL) for the salaries, wages, and benefits for staff providing child care and supervision or performing social work activities, or both, shall be increased by 10 percent. This additional funding shall be used by group home programs solely to supplement staffing, salaries, wages, and benefit levels of staff specified in this paragraph. The standard rate for each RCL shall be recomputed using this adjusted amount and the resultant rates shall constitute the new standardized schedule of rates. The department may require a group home receiving this additional funding to certify that the funding was utilized in accordance with the provisions of this section.
(4)Effective January 1, 2008, the amount included in the standard rate for each RCL for the wages for staff providing child care and supervision or performing social work activities, or both, shall be increased by 5 percent, and the amount included for the payroll taxes and other employer-paid benefits for these staff shall be increased from 20.325 percent to 24 percent. The standard rate for each RCL shall be recomputed using these adjusted amounts, and the resulting rates shall constitute the new standardized schedule of rates.
(5)The new standardized schedule of rates as provided for in paragraph (4) shall be reduced by 10 percent, effective October 1, 2009, and the resulting rates shall constitute the new standardized schedule of rates.
(6)The rates of licensed group home providers, whose rates are not established under the standardized schedule of rates, shall be reduced by 10 percent, effective October 1, 2009.
(h)The standardized schedule of rates pursuant to subdivisions (f) and (g) shall be implemented as follows:
(1)Any group home program that received an AFDC-FC rate in the prior fiscal year at or above the standard rate for the RCL in the current fiscal year shall continue to receive that rate.
(2)Any group home program that received an AFDC-FC rate in the prior fiscal year below the standard rate for the RCL in the current fiscal year shall receive the RCL rate for the current year.
(i)(1)The department shall not establish a rate for a new program of a new or existing provider, or for an existing program at a new location of an existing provider, unless the provider submits a letter of recommendation from the host county, the primary placing county, or a regional consortium of counties that includes all of the following:
(A)That the program is needed by that county.
(B)That the provider is capable of effectively and efficiently operating the program.
(C)That the provider is willing and able to accept AFDC-FC children for placement who are determined by the placing agency to need the level of care and services that will be provided by the program.
(D)That, if the letter of recommendation is not being issued by the host county, the primary placing county has notified the host county of its intention to issue the letter and the host county was given the opportunity of 30 days to respond to this notification and to discuss options with the primary placing county.
(2)The department shall encourage the establishment of consortia of county placing agencies on a regional basis for the purpose of making decisions and recommendations about the need for, and use of, group home programs and other foster care providers within the regions.
(3)The department shall annually conduct a county-by-county survey to determine the unmet placement needs of children placed pursuant to Section 300 and Section 601 or 602, and shall publish its findings by November 1 of each year.
(j)The department shall develop regulations specifying ratesetting procedures for program expansions, reductions, or modifications, including increases or decreases in licensed capacity, or increases or decreases in level of care or services.
(k)For the purpose of this subdivision, program change means any alteration to an existing group home program planned by a provider that will increase the RCL or AFDC-FC rate. An increase in the licensed capacity or other alteration to an existing group home program that does not increase the RCL or AFDC-FC rate shall not constitute a program change.
(l)General unrestricted or undesignated private charitable donations and contributions made to charitable or nonprofit organizations shall not be deducted from the cost of providing services pursuant to this section. The donations and contributions shall not be considered in any determination of maximum expenditures made by the department.
(m)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 72.Section 11462 is added to the Welfare and Institutions Code, to read:11462.(a)The department shall commence development of a new payment structure for short-term residential treatment center program placements claiming Title IV-E funding, 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)Access to specialty mental health services for children who meet medical necessity criteria for specialty mental health services under the Medi-Cal Early and Periodic Screening, Diagnosis, and Treatment program.
(B)Transition support services for children, youth, and families upon initial entry and placement changes and for families who assume permanency through reunification, adoption, or guardianship.
(C)Educational and physical, behavioral, and mental health supports, including extracurricular activities and social supports.
(D)Activities designed to support transition-age youth and nonminor dependents in achieving a successful adulthood.
(E)Services to achieve permanency, including supporting efforts to reunify or achieve adoption or guardianship and efforts to maintain or establish relationships with parents, siblings, extended family members, tribes, or others important to the child or youth, as appropriate.
(F)When serving Indian children, as defined in subdivisions (a) and (b) of Section 224.1, the core services described in paragraphs (A) to (E), inclusive, which shall be provided to eligible children consistent with active efforts pursuant to Section 361.7.
(G)(i)Facilitating the identification and, as needed, the approval of resource families pursuant to Section 16519.5, for the purpose of transitioning children and youth to family-based care.
(ii)If a short-term residential treatment center elects to approve and monitor resource families directly, the center shall comply with all laws applicable to foster family agencies, including, but not limited to, those set forth in the Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code).
(iii)For short-term residential treatment centers that elect to approve and monitor resource families directly, the department shall have all the same duties and responsibilities as those centers have for licensed foster family agencies, as set forth in applicable law, including, but not limited to, those set forth in the Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code).
(2)The core services specified in subparagraphs (A) to (G), inclusive, of paragraph (1) are not intended to duplicate services already available to foster children in the community, but to support access to those services and supports to the extent they are already available. Those services and supports may include, but are not limited to, foster youth services available through county offices of education, Indian Health Services, or school-based extra-curricular activities.
(3)Specialized and intensive treatment supports that encompass the elements of nonmedical care and supervision necessary to meet a childs or youths safety and other needs that cannot be met in a family-based setting.
(4)Staff training.
(5)Health and Safety Code requirements.
(6)Accreditation that includes:
(A)Provision for all licensed short-term residential treatment centers to obtain and maintain in good standing accreditation from a nationally recognized accreditation agency, as identified by the department, with expertise in programs for children or youth group care facilities, as determined by the department.
(B)Promulgation by the department of information identifying that agency or agencies from which accreditation shall be required.
(C)Provision for timely reporting to the department of any change in accreditation status.
(7)Mental health certification, including a requirement to timely report to the department any change in mental health certificate status.
(8)Maximization of federal financial participation under Title IV-E and Title XIX of the Social Security Act.
(c)The department shall develop a system of governmental monitoring and oversight that shall be carried out in coordination with the State Department of Health Care Services. Oversight responsibilities shall include, but not be limited to, ensuring conformity with federal and state law, including program, fiscal, and health and safety audits and reviews. The state agencies shall attempt to minimize duplicative audits and reviews to reduce the administrative burden on providers.
(d)This section shall become operative on January 1, 2017.
SEC. 73.Section 11462.001 is added to the Welfare and Institutions Code, immediately following Section 11462, to read:11462.001.(a)(1)Foster care providers licensed as group homes, as defined in departmental regulations, including public child care institutions, as defined in Section 11402.5, shall have rates established by classifying each group home program and applying the standardized schedule of rates. The department shall collect information from group providers in order to classify each group home program.
(2)Notwithstanding paragraph (1), foster care providers licensed as group homes shall have rates established only if the group home is organized and operated on a nonprofit basis as required under subdivision (h) of Section 11400. The department shall terminate the rate of any group home not organized and operated on a nonprofit basis as required under subdivision (h) of Section 11400.
(3)(A)The department shall determine, consistent with the requirements of this chapter and other relevant requirements under law, the rate classification level (RCL) for each group home program on a biennial basis. Submission of the biennial rate application shall be made according to a schedule determined by the department.
(B)The department shall adopt regulations to implement this paragraph. The adoption, amendment, repeal, or readoption of a regulation authorized by this paragraph is deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement to describe specific facts showing the need for immediate action.
(b)A group home program shall be initially classified, for purposes of emergency regulations, according to the level of care and services to be provided using a point system developed by the department and described in the report, The Classification of Group Home Programs under the Standardized Schedule of Rates System, prepared by the State Department of Social Services, August 30, 1989.
(c)The rate for each RCL has been determined by the department with data from the AFDC-FC Group Home Rate Classification Pilot Study.
(d)As used in this section, standardized schedule of rates means a listing of the 14 rate classification levels, and the single rate established for each RCL.
(e)Except as specified in paragraph (1), the department shall determine the RCL for each group home program on a prospective basis, according to the level of care and services that the group home operator projects will be provided during the period of time for which the rate is being established.
(1)(A)(i)For new and existing providers requesting the establishment of an RCL, and for existing group home programs requesting an RCL increase, the department shall determine the RCL no later than 13 months after the effective date of the provisional rate. The determination of the RCL shall be based on a program audit of documentation and other information that verifies the level of care and supervision provided by the group home program during a period of the two full calendar months or 60 consecutive days, whichever is longer, preceding the date of the program audit, unless the group home program requests a lower RCL. The program audit shall not cover the first six months of operation under the provisional rate.
(ii)For audit purposes, if the group home program serves a mixture of AFDC-FC eligible and ineligible children, the weighted hours for child care and social work services provided and the capacity of the group home shall be adjusted by the ratio of AFDC-FC eligible children to all children in placement.
(iii)Pending the departments issuance of the program audit report that determines the RCL for the group home program, the group home program shall be eligible to receive a provisional rate that shall be based on the level of care and service that the group home program proposes it will provide. The group home program shall be eligible to receive only the RCL determined by the department during the pendency of any appeal of the departments RCL determination.
(B)A group home program may apply for an increase in its RCL no earlier than two years from the date the department has determined the group home programs rate, unless the host county, the primary placing county, or a regional consortium of counties submits to the department in writing that the program is needed in that county, that the provider is capable of effectively and efficiently operating the proposed program, and that the provider is willing and able to accept AFDC-FC children for placement who are determined by the placing agency to need the level of care and services that will be provided by the program.
(C)To ensure efficient administration of the departments audit responsibilities, and to avoid the fraudulent creation of records, group home programs shall make records that are relevant to the RCL determination available to the department in a timely manner. Except as provided in this section, the department may refuse to consider, for purposes of determining the rate, any documents that are relevant to the determination of the RCL that are not made available by the group home provider by the date the group home provider requests a hearing on the departments RCL determination. The department may refuse to consider, for purposes of determining the rate, the following records, unless the group home provider makes the records available to the department during the fieldwork portion of the departments program audit:
(i)Records of each employees full name, home address, occupation, and social security number.
(ii)Time records showing when the employee begins and ends each work period, meal periods, split shift intervals, and total daily hours worked.
(iii)Total wages paid each payroll period.
(iv)Records required to be maintained by licensed group home providers under Title 22 of the California Code of Regulations that are relevant to the RCL determination.
(D)To minimize financial abuse in the startup of group home programs, when the departments RCL determination is more than three levels lower than the RCL level proposed by the group home provider, and the group home provider does not appeal the departments RCL determination, the department shall terminate the rate of a group home program 45 days after issuance of its program audit report. When the group home provider requests a hearing on the departments RCL determination, and the RCL determined by the director under subparagraph (E) is more than three levels lower than the RCL level proposed by the group home provider, the department shall terminate the rate of a group home program within 30 days of issuance of the directors decision. Notwithstanding the reapplication provisions in subparagraph (B), the department shall deny any request for a new or increased RCL from a group home provider whose RCL is terminated pursuant to this subparagraph, for a period of no greater than two years from the effective date of the RCL termination.
(E)A group home provider may request a hearing of the departments RCL determination under subparagraph (A) no later than 30 days after the date the department issues its RCL determination. The departments RCL determination shall be final if the group home provider does not request a hearing within the prescribed time. Within 60 days of receipt of the request for hearing, the department shall conduct a hearing on the RCL determination. The standard of proof shall be the preponderance of the evidence and the burden of proof shall be on the department. The hearing officer shall issue the proposed decision within 45 days of the close of the evidentiary record. The director shall adopt, reject, or modify the proposed decision, or refer the matter back to the hearing officer for additional evidence or findings within 100 days of issuance of the proposed decision. If the director takes no action on the proposed decision within the prescribed time, the proposed decision shall take effect by operation of law.
(2)Group home programs that fail to maintain at least the level of care and services associated with the RCL upon which their rate was established shall inform the department. The department shall develop regulations specifying procedures to be applied when a group home fails to maintain the level of services projected, including, but not limited to, rate reduction and recovery of overpayments.
(3)The department shall not reduce the rate, establish an overpayment, or take other actions pursuant to paragraph (2) for any period that a group home program maintains the level of care and services associated with the RCL for children actually residing in the facility. Determinations of levels of care and services shall be made in the same way as modifications of overpayments are made pursuant to paragraph (2) of subdivision (b) of Section 11466.2.
(4)A group home program that substantially changes its staffing pattern from that reported in the group home program statement shall provide notification of this change to all counties that have placed children currently in care. This notification shall be provided whether or not the RCL for the program may change as a result of the change in staffing pattern.
(f)The standardized schedule of rates pursuant to subdivisions (f) and (g) of Section 11462, as that section read on January 1, 2015, shall be implemented as follows:
(1)Any group home program that received an AFDC-FC rate in the prior fiscal year at or above the standard rate for the RCL in the current fiscal year shall continue to receive that rate.
(2)Any group home program that received an AFDC-FC rate in the prior fiscal year below the standard rate for the RCL in the current fiscal year shall receive the RCL rate for the current year.
(g)(1)The department shall not establish a rate for a new program of a new or existing provider, or for an existing program at a new location of an existing provider, unless the provider submits a letter of recommendation from the host county, the primary placing county, or a regional consortium of counties that includes all of the following:
(A)That the program is needed by that county.
(B)That the provider is capable of effectively and efficiently operating the program.
(C)That the provider is willing and able to accept AFDC-FC children for placement who are determined by the placing agency to need the level of care and services that will be provided by the program.
(D)That, if the letter of recommendation is not being issued by the host county, the primary placing county has notified the host county of its intention to issue the letter and the host county was given the opportunity of 30 days to respond to this notification and to discuss options with the primary placing county.
(2)The department shall encourage the establishment of consortia of county placing agencies on a regional basis for the purpose of making decisions and recommendations about the need for, and use of, group home programs and other foster care providers within the regions.
(3)The department shall annually conduct a county-by-county survey to determine the unmet placement needs of children placed pursuant to Section 300 and Section 601 or 602, and shall publish its findings by November 1 of each year.
(h)The department shall develop regulations specifying ratesetting procedures for program expansions, reductions, or modifications, including increases or decreases in licensed capacity, or increases or decreases in level of care or services.
(i)For the purpose of this subdivision, program change means any alteration to an existing group home program planned by a provider that will increase the RCL or AFDC-FC rate. An increase in the licensed capacity or other alteration to an existing group home program that does not increase the RCL or AFDC-FC rate shall not constitute a program change.
(j)General unrestricted or undesignated private charitable donations and contributions made to charitable or nonprofit organizations shall not be deducted from the cost of providing services pursuant to this section. The donations and contributions shall not be considered in any determination of maximum expenditures made by the department.
(k)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.
(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. 74.Section 11462.01 of the Welfare and Institutions Code is amended to read:11462.01.(a)Commencing July 1, 1994, a group home program shall be classified at RCL 13 or RCL 14 if the program meets all of the following requirements:
(1)The group home program is providing, or has proposed to provide, the level of care and services necessary to generate sufficient points in the ratesetting process to be classified at RCL 13 if the rate application is for RCL 13 or to be classified at RCL 14 if the rate application is for RCL 14.
(2)(A)(i)The group home provider shall agree not to accept for placement into a group home program AFDC-FC funded children, including voluntary placements and seriously emotionally disturbed children placed out-of-home pursuant to an individualized education program developed under Article 2 (commencing with Section 56320) of Chapter 4 of Part 30 of Division 4 of Title 2 of the Education Code, who have not been approved for placement by an interagency placement committee, as described by Section 4096. The approval shall be in writing and shall indicate that the interagency placement committee has determined that the child is seriously emotionally disturbed and subject to Section 1502.4 of the Health and Safety Code, and that the child needs the level of care provided by the group home.
(ii)For purposes of clause (i), group home providers who accept seriously emotionally disturbed children who are 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 shall be deemed to have met the interagency placement committee approval for placement requirements of clause (i) if the individualized education program assessment indicates that the child has been determined to be seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3 and subject to Section 1502.4 of the Health and Safety Code, and needs the level of care described in clause (i).
(B)(i)Nothing in this subdivision shall prevent the emergency placement of a child into a group home program prior to the determination by the interagency placement committee pursuant to clause (i) of subparagraph (A) if a licensed mental health professional, as defined in the departments AFDC-FC ratesetting regulations, has evaluated, in writing, the child within 72 hours of placement, and determined the child to be seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, and in need of the care and services provided by the group home program.
(ii)The interagency placement committee shall, within 30 days of placement pursuant to clause (i), make the determination required by clause (i) of subparagraph (A).
(iii)If, pursuant to clause (ii), the placement is determined to be appropriate, the committee shall transmit the approval, in writing, to the county placing agency and the group home provider.
(iv)If, pursuant to clause (ii) the placement is determined not to be appropriate, the child shall be removed from the group home and referred to a more appropriate placement, as specified in subdivision (f).
(C)Commencing December 15, 1992, with respect to AFDC-FC funded children, only those children who are approved for placement by an interagency placement committee may be accepted by a group home under this subdivision.
(3)The group home program is certified by the State Department of Health Care Services pursuant to Section 4096.5.
(b)The department shall not establish a rate for a group home requesting a program change to RCL 13 or RCL 14 unless the group home provider submits a recommendation from the host county or the primary placing county that the program is needed and that the provider is willing and capable of operating the program at the level sought. For purposes of this subdivision, host county, primary placing county, and program change mean the same as defined in the departments AFDC-FC ratesetting regulations.
(c)The effective date of rates set at RCL 13 or RCL 14 shall be the date that all the requirements are met, but not prior to July 1 of that fiscal year. Nothing in this section shall affect RCL 13 or RCL 14 ratesetting determinations in prior years.
(d)Any group home program that has been classified at RCL 13 or RCL 14 pursuant to the requirements of subdivision (a) shall be reclassified at the appropriate lower RCL with a commensurate reduction in rate if either of the following occurs:
(1)The group home program fails to maintain the level of care and services necessary to generate the necessary number of points for RCL 13 or RCL 14, as required by paragraph (1) of subdivision (a). The determination of points shall be made consistent with the departments AFDC-FC ratesetting regulations for other rate classification levels.
(2)The group home program fails to maintain a certified mental health treatment program as required by paragraph (3) of subdivision (a).
(3)In the event of a determination under paragraph (1), the group home may appeal the finding or submit a corrective action plan. The appeal process specified in Section 11466.6 shall be available to RCL 13 and RCL 14 group home providers. During any appeal, the group home shall maintain the appropriate level of care.
(e)The interagency placement committee shall periodically review, but no less often than that required by current law, the placement of the child. If the committee determines that the child no longer needs, or is not benefiting from, placement in a RCL 13 or RCL 14 group home, the committee shall require the removal of the child and a new disposition.
(f)(1)(A)If, at any time subsequent to placement in an RCL 13 or RCL 14 group home program, the interagency placement committee determines either that the child is not seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, or is not in need of the care and services provided by the group home program, it shall notify, in writing, both the county placing agency and the group home provider within 10 days of the determination.
(B)The county placing agency shall notify the group home provider, in writing, within five days from the date of the notice from the committee, of the countys plan for removal of the child.
(C)The county placing agency shall remove the child from the group home program within 30 days from the date of the notice from the interagency placement committee.
(2)(A)If a county placing agency does not remove a child within 30 days from the date of the notice from the interagency placement committee, the group home provider shall notify the interagency placement committee and the department, in writing, of the countys failure to remove the child from the group home program.
(B)The group home provider shall make the notification required by subparagraph (A) within five days of the expiration of the 30-day removal period. If notification is made, a group home provider shall not be subject to an overpayment determination due to failure of the county placing agency to remove the child.
(3)Any county placing agency that fails to remove a child from a group home program under this paragraph within 30 days from the date of the notice from the interagency placement committee shall be assessed a penalty in the amount of the state and federal financial participation in the AFDC-FC rate paid on behalf of the child commencing on the 31st day and continuing until the child is removed.
(g)(1)If any RCL 13 or RCL 14 group home provider discovers that it does not have written approval for placement of any AFDC-FC funded child placed on or after December 15, 1992, from the interagency placement committee, it shall notify the county placing agency, in writing, and shall request the county to obtain approval from the interagency placement committee or remove the child from the group home program. A group home provider shall have 30 days from the childs first day of placement to discover the placement error and to notify the county placing agency.
(2)Any county placing agency that receives notification pursuant to paragraph (2) of subdivision (f) shall obtain approval for placement from the interagency placement committee or remove the child from the group home program within 30 days from the date of the notice from the group home provider. The program shall not be reclassified to a lower RCL for a violation of the provisions referred to in this paragraph.
(3)(A)If a county placing agency does not have the placement of a child approved by the interagency placement committee or removed from the group home within 30 days from the date of the notice from the group home provider, the group home provider shall notify the county placing agency and the department, in writing, of the countys failure to have the placement of the child approved or remove the child from the group home program.
(B)The group home provider shall make the notification required by subparagraph (A) within five days after the expiration of the 30-day approval or removal period. If notification is made, a group home provider shall not be subject to an overpayment determination due to failure of the county placing agency to remove the child.
(C)Any group home provider that fails to notify the county placing agency pursuant to subparagraph (A) shall be assessed a penalty in the amount of the AFDC-FC rate paid to the group home provider on behalf of the child commencing on the 31st day of placement and continuing until the county placing agency is notified.
(4)Any county placing agency that fails to have the placement of a child approved or to have the child removed from the group home program within 30 days shall be assessed a penalty in the amount of the state and federal financial participation in the AFDC-FC rate paid on behalf of the child commencing on the 31st day of placement and continuing until the child is removed.
(h)The department shall develop regulations to obtain payment of assessed penalties as provided in this section. For audit purposes and the application of penalties for RCL 13 and RCL 14 programs, the department shall apply statutory provisions that were in effect during the period for which the audit was conducted.
(i)(1)Nothing in this subparagraph shall prohibit a group home classified at RCL 13 or RCL 14 for purposes of the AFDC-FC program, from accepting private placements of children.
(2)When a referral is not from a public agency and no public funding is involved, there shall be no requirement for public agency review or determination of need.
(3)Children subject to paragraphs (1) and (2) shall have been assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, and subject to Section 1502.4 of the Health and Safety Code, by a licensed mental health professional, as defined in subdivision (g) of Section 4096.
(j)A child shall not be placed in a group home program classified at an RCL 13 or RCL 14 if the placement is paid for with county-only funds unless the child is assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, subject to Section 1502.4 of the Health and Safety Code, by a licensed mental health professional, as defined in subdivision (g) of Section 4096.
(k)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 75.Section 11462.01 is added to the Welfare and Institutions Code, to read:11462.01.(a)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, may have a program that is certified by the State Department of Health Care Services or by a county mental health plan to which the department has delegated certification authority, pursuant to Section 4096.5, or a program that is not certified, or both. A short-term residential treatment center shall accept for placement children who meet all of the following criteria, subject to the other requirements of subdivisions (b) and (c):
(1)The child does not require inpatient care in a licensed health facility.
(2)The child has been assessed as requiring the level of services provided in a short-term residential treatment center in order to maintain the safety and well-being of the child or others due to behaviors, including those resulting from traumas, that render the child or those around the child unsafe or at risk of harm, or that prevent the effective delivery of needed services and supports provided in the childs own home or in other family settings, such as with a relative, guardian, foster family, resource family, or adoptive family.
(3)The child meets at least one of the following conditions:
(A)The child has been assessed as meeting the medical necessity criteria for Medi-Cal specialty mental health Early and Periodic Screening, Diagnosis, and Treatment Services, as the criteria are described in Section 1830.210 of Title 9 of the California Code of Regulations.
(B)The child has been assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3.
(C)The child has been assessed as requiring the level of services provided in order to meet his or her behavioral or therapeutic needs. In appropriate circumstances, this may include any of the following:
(i)A commercially sexually exploited child.
(ii)A private voluntary placement, if the youth exhibits status offender behavior, the parents or other relatives feel they cannot control the childs behavior, and short-term intervention is needed to transition the child back into the home.
(iii)A juvenile sex offender.
(iv)A child who is affiliated with, or impacted by, a gang.
(b)A short-term residential treatment center program that is certified by the State Department of Health Care Services, or by a county mental health plan to which the department has delegated certification authority, pursuant to Section 4096.5, shall solely accept for placement, and provide access to mental health services to, children who meet the criteria in paragraphs (1) and (2) of subdivision (a), and meet the conditions of subparagraph (A) or (B) of paragraph (3) of subdivision (a), or both of those subparagraphs. Mental health services are provided directly by the certified program.
(c)A short-term residential treatment center program that is not certified pursuant to Section 4096.5 shall solely accept for placement in that program a child who meets the criteria in paragraphs (1) and (2) of subdivision (a), and meets the conditions of subparagraph (A), (B), or (C) of paragraph (3) of subdivision (a), or any combination of those subparagraphs. A child who meets the conditions of subparagraphs (A) and (B) of paragraph (3) of subdivision (a) may be accepted for placement, if the interagency placement committee determines that a short-term residential treatment facility that is not certified has a program that meets the specific needs of the child and there is a commonality of needs with the other children in the short-term residential treatment center. In this situation, the short-term residential treatment center shall do either of the following:
(1)In the case of a child who is a Medi-Cal beneficiary, arrange for the child to receive specialty mental health services from the county mental health plan.
(2)In all other cases, arrange for the child to receive mental health services.
(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, may have a program that is certified by the State Department of Health Care Services, or by a county mental health plan to which the department has delegated certification authority, pursuant to Section 1810.435 or 1810.436 of Title 9 of the California Code of Regulations, or a program that is not certified, or both. A program, subject to subdivisions (e) and (f), shall provide access to mental health services to the children. A foster family agency, depending on whether or not it has a certified program, shall provide access to mental health services to children who do not require inpatient care in a licensed health facility and who meet any one or more of the following conditions:
(1)A child who has been assessed as meeting the medical necessity criteria for specialty mental health services under the Medi-Cal Early and Periodic Screening, Diagnosis, and Treatment benefit, as the criteria are described in Section 1830.210 of Title 9 of the California Code of Regulations.
(2)A child who has been assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3.
(3)A child who has been assessed as requiring the level of services to meet his or her behavioral or therapeutic needs.
(e)A foster family agency that is certified as a provider pursuant to Section 1810.435 or 1810.436 of Title 9 of the California Code of Regulations by the State Department of Health Care Services, or by a county mental health plan to which the department has delegated certification authority, shall provide access to mental health services directly to children in its program who do not require inpatient care in a licensed health facility and who meet the conditions of paragraph (1) or (2) of subdivision (d).
(f)A foster family agency that is not certified as described in subdivision (e) may provide access to mental health services in that program for children who do not require inpatient care in a licensed health facility and who meet the conditions of paragraphs (1) and (2) of subdivision (d). In this situation the foster family agency shall do the following:
(1)In the case of a child who is a Medi-Cal beneficiary, have written interagency protocols in place to arrange for specialty mental health services from the county mental health plan or an organizational provider, as defined in Section 1810.231 of Title 9 of California Code of Regulations.
(2)In all other cases, arrange for the child to receive mental health services.
(g)All short-term residential treatment centers and foster family agencies that operate a certified program shall maintain the level of care and services necessary to meet the needs of the children and youth in their care and shall maintain and have in good standing the appropriate mental health certification issued by the State Department of Health Care Services or a county mental health plan to which the department has delegated certification authority, pursuant to Section 4096.5 of this code or Section 1810.435 or 1810.436 of Title 9 of the California Code of Regulations.
(h)The assessments described in subparagraphs (A) and (B) of paragraph (3) of subdivision (a) and paragraphs (1) and (2) of subdivision (d), shall be made by all of the following, as applicable:
(1)An interagency placement committee, as described in Section 4096, considering the recommendations from the child and family team, if any are available.
(2)A licensed mental health professional as defined in subdivision (g) of Section 4096.
(3)For the purposes of this section, an AFDC-FC funded child with 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 that assesses the child as seriously emotionally disturbed, as defined in, and subject to, this section and recommends out-of-home placement at the level of care provided by the provider, shall be deemed to have met the assessment requirement.
(4)For the purposes of this section, and only for placement into a foster family agency, an AFDC-FC funded child assessed pursuant to subdivision (b) of Section 706.6 or paragraph (2) of subdivision (c) of Section 16501.1, in consultation with a mental health professional, as defined in subdivision (g) of Section 4096.5, shall be deemed to have met the assessment requirement.
(i)The assessments described in subparagraph (C) of paragraph (3) of subdivision (a) and paragraph (3) of subdivision (d) shall be made pursuant to subdivision (b) of Section 706.6 or paragraph (2) of subdivision (c) of Section 16501.1.
(j)(1)The provider shall ensure that AFDC-FC funded children, assessed pursuant to subparagraphs (A) and (B) of paragraph (3) of subdivision (a) or paragraphs (1) and (2) of subdivision (d), who are accepted for placement have been approved for placement by an interagency placement committee, as described in Section 4096, except as provided for in paragraphs (3) and (4) of subdivision (h).
(2)The approval shall be in writing and shall indicate that the interagency placement committee has determined all of the following:
(A)The child meets the medical necessity criteria for Medi-Cal specialty mental health Early and Periodic Screening, Diagnosis, and Treatment services, as the criteria are described in Section 1830.210 of Title 9 of the California Code of Regulations.
(B)The child is seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3.
(C)Subject to Section 1502.4 of the Health and Safety Code, the child needs the level of care provided by the program.
(3)(A)Nothing in subdivisions (a) to (i), inclusive, or this subdivision shall prevent an emergency placement of a child or youth into a certified short-term residential treatment center or foster family agency program prior to the determination by the interagency placement committee, but only if a licensed mental health professional, as defined in subdivision (g) of Section 4096, has made a written determination within 72 hours of the childs or youths placement, that the child or youth is seriously emotionally disturbed and is in need of the care and services provided by the certified short-term residential treatment center or foster family agency.
(i)The interagency placement committee, as appropriate, shall, within 30 days of placement, make the determinations, with recommendations from the child and family team, required by this subdivision.
(ii)If it determines the placement is appropriate, the interagency placement committee, with recommendations from the child and family team, shall transmit the approval, in writing, to the county placing agency and the short-term residential treatment center or foster family agency.
(iii)If it determines the placement is not appropriate, the interagency placement committee shall respond pursuant to subparagraph (B).
(B)If the interagency placement committee determines at any time that the placement is not appropriate, it shall, with recommendations from the child and family team, transmit the disapproval, in writing, to the county placing agency and the short-term residential treatment center or foster family agency, and the child or youth shall be referred to an appropriate placement, as specified in this section.
(k)Commencing January 1, 2017, for AFDC-FC funded children or youth, only those children or youth who are approved for placement, as set forth in this section, may be accepted by a short-term residential treatment center or foster family agency.
(l)The department shall, through regulation, establish consequences for the failure of a short-term residential treatment center, or a foster family agency, to obtain written approval for placement of an AFDC-FC funded child or youth pursuant to this section.
(m)The department shall not establish a rate for a short-term residential treatment center or foster family agency unless the provider submits a recommendation from the host county or the primary placing county that the program is needed and that the provider is willing and capable of operating the program at the level sought. For purposes of this subdivision, host county, and primary placing county, mean the same as defined in the departments AFDC-FC ratesetting regulations.
(n)Any certified short-term residential treatment center or foster family agency shall be reclassified and paid at the appropriate program rate for which it is qualified if either of the following occurs:
(1)(A)It fails to maintain the level of care and services necessary to meet the needs of the children and youth in care, as required by subdivision (a). The determination shall be made consistent with the departments AFDC-FC ratesetting regulations developed pursuant to Sections 11462 and 11463 and shall take into consideration the highest level of care and associated rates for which the program is eligible.
(B)In the event of a determination under this paragraph, the short-term residential treatment center or foster family agency may appeal the finding or submit a corrective action plan. The appeal process specified in Section 11466.6 shall be available to a short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment. During any appeal, the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment shall maintain the appropriate level of care.
(2)It fails to maintain a certified mental health treatment program as required by subdivision (g).
(o)In addition to any other review required by law, the child and family team as defined in paragraph (4) of subdivision (a) of Section 16501 may periodically review the placement of the child or youth. If the child and family team make a recommendation that the child or youth no longer needs, or is not benefiting from, placement in a short-term residential treatment center or foster family agency, or one of its programs, the team shall transmit the disapproval, in writing, to the county placing agency to consider a more appropriate placement.
(p)The department shall develop a process to address placements when, subsequent to the childs or youths placement, a determination is made by the interagency placement team and shall consider the recommendations of the child and family team, either that the child or youth is not in need of the care and services provided by the certified program. The process shall include, but not be limited to:
(1)Notice of the determination in writing to both the county placing agency and the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment.
(2)Notice of the countys plan, and a time frame, for removal of the child or youth in writing to the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment.
(3)Referral to an appropriate placement.
(4)Actions to be taken if a child or youth is not timely removed from the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment or placed in an appropriate placement.
(q)(1)Nothing in this section shall prohibit a short-term residential treatment center or foster family agency from accepting private placements of children or youth.
(2)When a referral is not from a public agency and no public funding is involved, there is no requirement for public agency review nor determination of need.
(3)Children and youth subject to paragraphs (1) and (2) shall have been determined to be seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, and subject to Section 1502.4 of the Health and Safety Code, by a licensed mental health professional, as defined in subdivision (g) of Section 4096.
(r)This section shall become operative on January 1, 2017.
SEC. 76.Section 11462.015 is added to the Welfare and Institutions Code, to read:11462.015.(a)A group home program shall be classified at RCL 13 or RCL 14 if the program meets all of the following requirements:
(1)The group home program is providing, or has proposed to provide, the level of care and services necessary to generate sufficient points in the ratesetting process to be classified at RCL 13 if the rate application is for RCL 13 or to be classified at RCL 14 if the rate application is for RCL 14.
(2)(A)(i)The group home provider shall agree not to accept for placement into a group home program AFDC-FC funded children, including voluntary placements and children who have been assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, 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, who have not been approved for placement by an interagency placement committee, as described by Section 4096.1. The approval shall be in writing and shall indicate that the interagency placement committee has determined that the child is seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, and subject to Section 1502.45 of the Health and Safety Code, and that the child needs the level of care provided by the group home.
(ii)For purposes of clause (i), group home providers who accept children who have been assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, who are assessed and 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 shall be deemed to have met the interagency placement committee approval for placement requirements of clause (i) if the individualized education program assessment indicates that the child has been determined to be seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, and subject to Section 1502.45 of the Health and Safety Code, and needs the level of care described in clause (i).
(B)(i)Nothing in this subdivision shall prevent the emergency placement of a child into a group home program prior to the determination by the interagency placement committee pursuant to clause (i) of subparagraph (A) if a licensed mental health professional, as defined in the departments AFDC-FC ratesetting regulations, has evaluated, in writing, the child within 72 hours of placement, and has determined the child to be seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, and in need of the care and services provided by the group home program.
(ii)The interagency placement committee shall, within 30 days of placement pursuant to clause (i), make the determination required by clause (i) of subparagraph (A).
(iii)If, pursuant to clause (ii), the placement is determined to be appropriate, the committee shall transmit the approval, in writing, to the county placing agency and the group home provider.
(iv)If, pursuant to clause (ii) the placement is determined not to be appropriate, the child shall be removed from the group home and referred to a more appropriate placement, as specified in subdivision (f).
(C)With respect to AFDC-FC funded children, only those children who are approved for placement by an interagency placement committee may be accepted by a group home under this subdivision.
(3)The group home program is certified by the State Department of Health Care Services pursuant to Section 4096.5.
(b)The department shall not establish a rate for a group home requesting a program change to RCL 13 or RCL 14 unless the group home provider submits a recommendation from the host county or the primary placing county that the program is needed and that the provider is willing and capable of operating the program at the level sought. For purposes of this subdivision, host county, primary placing county, and program change mean the same as defined in the departments AFDC-FC ratesetting regulations.
(c)The effective date of rates set at RCL 13 or RCL 14 shall be the date that all the requirements are met, but not prior to July 1 of that fiscal year. Nothing in this section shall affect RCL 13 or RCL 14 ratesetting determinations in prior years.
(d)Any group home program that has been classified at RCL 13 or RCL 14 pursuant to the requirements of subdivision (a) shall be reclassified at the appropriate lower RCL with a commensurate reduction in rate if either of the following occurs:
(1)The group home program fails to maintain the level of care and services necessary to generate the necessary number of points for RCL 13 or RCL 14, as required by paragraph (1) of subdivision (a). The determination of points shall be made consistent with the departments AFDC-FC ratesetting regulations for other rate classification levels.
(2)The group home program fails to maintain a certified mental health treatment program as required by paragraph (3) of subdivision (a).
(3)In the event of a determination under paragraph (1), the group home may appeal the finding or submit a corrective action plan. The appeal process specified in Section 11466.6 shall be available to RCL 13 and RCL 14 group home providers. During any appeal, the group home shall maintain the appropriate level of care.
(e)The interagency placement committee shall periodically review, but no less often than that required by current law, the placement of the child. If the committee determines that the child no longer needs, or is not benefiting from, placement in a RCL 13 or RCL 14 group home, the committee shall require the removal of the child and a new disposition.
(f)(1)(A)If, at any time subsequent to placement in an RCL 13 or RCL 14 group home program, the interagency placement committee determines either that the child is not seriously emotionally disturbed or is not in need of the care and services provided by the group home program, it shall notify, in writing, both the county placing agency and the group home provider within 10 days of the determination.
(B)The county placing agency shall notify the group home provider, in writing, within five days from the date of the notice from the committee, of the countys plan for removal of the child.
(C)The county placing agency shall remove the child from the group home program within 30 days from the date of the notice from the interagency placement committee.
(2)(A)If a county placing agency does not remove a child within 30 days from the date of the notice from the interagency placement committee, the group home provider shall notify the interagency placement committee and the department, in writing, of the countys failure to remove the child from the group home program.
(B)The group home provider shall make the notification required by subparagraph (A) within five days of the expiration of the 30-day removal period. If notification is made, a group home provider shall not be subject to an overpayment determination due to failure of the county placing agency to remove the child.
(3)Any county placing agency that fails to remove a child from a group home program under this paragraph within 30 days from the date of the notice from the interagency placement committee shall be assessed a penalty in the amount of the state and federal financial participation in the AFDC-FC rate paid on behalf of the child commencing on the 31st day and continuing until the child is removed.
(g)(1)If any RCL 13 or RCL 14 group home provider discovers that it does not have written approval for placement of any AFDC-FC funded child from the interagency placement committee, it shall notify the county placing agency, in writing, and shall request the county to obtain approval from the interagency placement committee or remove the child from the group home program. A group home provider shall have 30 days from the childs first day of placement to discover the placement error and to notify the county placing agency.
(2)Any county placing agency that receives notification pursuant to paragraph (2) of subdivision (f) shall obtain approval for placement from the interagency placement committee or remove the child from the group home program within 30 days from the date of the notice from the group home provider. The program shall not be reclassified to a lower RCL for a violation of the provisions referred to in this paragraph.
(3)(A)If a county placing agency does not have the placement of a child approved by the interagency placement committee or removed from the group home within 30 days from the date of the notice from the group home provider, the group home provider shall notify the county placing agency and the department, in writing, of the countys failure to have the placement of the child approved or remove the child from the group home program.
(B)The group home provider shall make the notification required by subparagraph (A) within five days after the expiration of the 30-day approval or removal period. If notification is made, a group home provider shall not be subject to an overpayment determination due to failure of the county placing agency to remove the child.
(C)Any group home provider that fails to notify the county placing agency pursuant to subparagraph (A) shall be assessed a penalty in the amount of the AFDC-FC rate paid to the group home provider on behalf of the child commencing on the 31st day of placement and continuing until the county placing agency is notified.
(4)Any county placing agency that fails to have the placement of a child approved or to have the child removed from the group home program within 30 days shall be assessed a penalty in the amount of the state and federal financial participation in the AFDC-FC rate paid on behalf of the child commencing on the 31st day of placement and continuing until the child is removed.
(h)The department shall develop regulations to obtain payment of assessed penalties as provided in this section. For audit purposes and the application of penalties for RCL 13 and RCL 14 programs, the department shall apply statutory provisions that were in effect during the period for which the audit was conducted.
(i)(1)Nothing in this subdivision shall prohibit a group home classified at RCL 13 or RCL 14 for purposes of the AFDC-FC program, from accepting private placements of children.
(2)When a referral is not from a public agency and no public funding is involved, there shall be no requirement for public agency review or determination of need.
(3)Children subject to paragraphs (1) and (2) shall have been assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, and subject to Section 1502.45 of the Health and Safety Code, by a licensed mental health professional, as defined in subdivision (g) of Section 4096.
(j)A child shall not be placed in a group home program classified at an RCL 13 or RCL 14 if the placement is paid for with county-only funds unless the child is assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, and subject to Section 1502.45 of the Health and Safety Code, by a licensed mental health professional, as defined in subdivision (g) of Section 4096.
(k)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.
(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. 77.Section 11462.02 of the Welfare and Institutions Code is amended to read:11462.02.(a)Notwithstanding paragraph (2) of subdivision (a) of Section 11462, a foster care provider licensed as a group home also may have a rate established if the group home is operated by the County of San Mateo, as provided by subdivision (h) of Section 11400.
(b)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 78.Section 11462.02 is added to the Welfare and Institutions Code, to read:11462.02.(a)Any existing county-operated foster family agency or group home, including the group home operated by the County of San Mateo, shall, commencing January 1, 2017, be classified as, and shall meet all of the requirements of, a foster family agency or a short-term residential treatment center, as defined respectively in subdivisions (g) and (ad) of Section 11400, to be eligible to receive AFDC-FC funds.
(b)Notwithstanding any other law, the State Department of Social Services may license a county as a foster family agency or as a short-term residential treatment center.
(c)If a county exercises its option to operate a foster family agency or a short-term residential treatment center, the county shall submit an application and shall comply with the requirements of Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code related to foster family agency programs or a short-term residential treatment center, as applicable.
(d)A county that requests, and is granted, a license for a foster family agency or short-term residential treatment center shall apply for an AFDC-FC rate pursuant to Section 11462 or 11463, as applicable.
(e)As a condition for eligibility for an AFDC-FC rate for a short-term residential treatment center or a foster family agency, the county shall comply with all applicable law concerning a short-term residential treatment center or foster family agency, including, but not limited to, the following provisions related to licensing, rate, audit, due process, enforcement, and overpayment collection:
(1)Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code.
(2)Article 10 (commencing with Section 360) of Chapter 2 of Part 1 of Division 2 of this code.
(3)Article 18 (commencing with Section 725) of Chapter 2 of Part 1 of Division 2 of this code.
(4)Article 22 (commencing with Section 825) of Chapter 2 of Part 1 of Division 2 of this code.
(5)Article 5 (commencing with Section 11400) of Chapter 2 of Part 3 of Division 9 of this code.
(6)Article 6 (commencing with Section 11450) of Chapter 2 of Part 3 of Division 9 of this code.
(f)The state is not obligated under Section 36 of Article XIII of the California Constitution to provide any annual funding to a county to comply with this section; with any regulation, executive order, or administrative order implementing this section; or with any federal statute or regulation related to this section, because the countys operation of a licensed short-term residential treatment center or foster family agency is optional for the county and is not required by this section.
(g)Counties licensed to operate a foster family agency or short-term residential treatment center shall, as a condition to receiving payment, ensure that its conflict-of-interest mitigation plan, submitted to the department pursuant to subdivision (d) of Section 1506.1 and subdivision (d) of Section 1562.01 of the Health and Safety Code, addresses, but is not limited to, the following:
(1)A decision to place children and youth in a county-operated facility when alternative appropriate placement options exist.
(2)The reporting by county staff to the department or other agencies of observed noncompliant conditions or health and safety concerns in county-operated foster family agencies or short-term residential treatment centers.
(3)The cross-reporting of reports received from mandatory child abuse and neglect reporters involving county-operated foster family agencies and short-term residential treatment center programs.
(4)Disclosures of fatalities and near fatalities of children placed in county-operated foster family agencies and short-term residential treatment centers.
(h)This section shall become operative on January 1, 2017.
SEC. 79.Section 11462.021 is added to the Welfare and Institutions Code, to read:11462.021.(a)Notwithstanding paragraph (2) of subdivision (a) of Section 11462, a foster care provider licensed as a group home also may have a rate established if the group home is operated by the County of San Mateo, as provided by subdivision (h) of Section 11400.
(b)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.
(c)This section shall become operative on January 1, 2017.
(d)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. 80.Section 11462.022 is added to the Welfare and Institutions Code, to read:11462.022.(a)Upon meeting the licensure requirements pursuant to Section 1530.8 of the Health and Safety Code, a county child welfare agency operating a temporary shelter care facility, as defined in Section 1530.8 of the Health and Safety Code, shall comply with this section.
(b)Prior to detaining the child in the temporary shelter care facility, the child welfare agency shall make reasonable efforts, consistent with current law, to place the child with a relative, tribal member, nonrelative extended family member, or in a licensed, certified, approved or tribally approved foster family home or approved resource family. When the child welfare agency has reason to believe that the child is or may be an Indian child, the agency shall make active efforts to comply with the federal Indian Child Welfare Act placement preferences, as required by subdivision (k) of Section 361.31.
(c)A child may be detained or placed in a temporary shelter care facility only for the duration necessary to enable the county placing agency to perform the required assessments and to appropriately place the child.
(d)Upon admission, the temporary shelter care facility shall provide each child with health, mental health, and developmental screenings, as applicable. Commencing when a child is admitted into a temporary shelter care facility, and continuing until the childs discharge from the facility, the county welfare agency shall continuously strive to identify and place the child in an appropriate licensed or approved home or facility.
(e)The temporary shelter care facility shall ensure that the following services, at a minimum, are identified in the facilitys plan of operation and are available to children detained at the facility:
(1)Medical, developmental, behavioral, and mental health assessments based on the information obtained through the screenings required pursuant to subdivision (d).
(2)Based on the screening, assessments, and other information obtained about the child, identification of the appropriate placement resources that meet the childs needs.
(3)Trauma-informed services and interventions.
(4)Crisis intervention services.
(5)Care and supervision provided by trauma-informed trained and qualified staff.
(6)Referrals to and coordination with service providers who can meet the medical, developmental, behavioral, or mental health needs of the child identified upon admission.
(7)Educational services to ensure the childs educational progress, including efforts to maintain the child in his or her school of origin if practical.
(8)Visitation services, including the ability to provide court-ordered, supervised visitation.
(9)Structured indoor and outdoor activities, including recreational and social programs.
(10)Transportation and other forms of support to ensure, to the extent possible, the childs ability to attend and participate in important milestone events.
(11)Mentorship and peer support-type programs.
(f)(1)In no case shall the detention or placement in a temporary shelter care facility exceed 10 calendar days. For any stay that exceeds 10 calendar days, the child welfare agency shall submit a written report to the department, within 24 hours of an overstay, that shall include a description of the reasons and circumstances for the childs overstay, and shall be signed by the county child welfare agency director or his or her designee. The department may choose not to issue a citation to the county for a violation of the 10-day placement limit when, based on the information contained in the report, the overstay is reasonable and the county is complying with subdivision (d).
(2)The child welfare agency may permit any child or youth to access assessment and other services described in subdivision (d) or (e) while in an out-of-home placement.
(3)To ensure the protection of children placed in temporary shelter care facilities, the child welfare agency shall separate children placed in temporary shelter care facilities pursuant to subdivision (b) from children returning to the shelter due to a failed placement, when possible, when circumstances warrant that separation. Temporary shelters shall staff as necessary to adequately supervise children to ensure an appropriate environment for all children present.
(g)At the request of the county, the department shall provide technical assistance necessary for the implementation of this section.
(h)The department, in consultation with the counties, shall provide a report to the Legislature no later than January 1, 2021, that shall include the number of children and youth served by temporary shelter care facilities, characteristics of children detained in these facilities, and whether there is a continued need for the licensing and operation of temporary shelter care facilities.
SEC. 81.Section 11462.04 of the Welfare and Institutions Code is amended to read:11462.04.(a)Notwithstanding any other law, no new group home rate or change to an existing rate shall be established pursuant to Section 11462. An application shall not be accepted or processed for any of the following:
(1)A new program.
(2)A new provider.
(3)A program change, such as a rate classification level (RCL) increase.
(4)A program capacity increase.
(5)A program reinstatement.
(b)Notwithstanding subdivision (a), the department may grant exceptions as appropriate on a case-by-case basis, based upon a written request and supporting documentation provided by county placing agencies, including county welfare or probation directors.
(c)(1)For the 201213, 201314, and 201415 fiscal years, notwithstanding subdivision (b), for any program below RCL 10, the only exception that may be sought and granted pursuant to this section is for an application requesting a program change, such as an RCL increase. The authority to grant other exceptions does not apply to programs below RCL 10 during these fiscal years.
(2)Notwithstanding paragraph (1), commencing January 1, 2017, no exception shall be granted for any program below RCL 10.
(d)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 82.Section 11462.04 is added to the Welfare and Institutions Code, to read:11462.04.(a)Notwithstanding any other law, commencing January 1, 2017, no new group home rate or change to an existing rate shall be established pursuant to the Rate Classification Level (RCL) system.
(b)Notwithstanding subdivision (a), the department may grant an exception as appropriate, on a case-by-case basis, when a written request and supporting documentation are provided by a county placing agency, including a county welfare or probation director, that absent the granting of that exception, there is a material risk to the welfare of children due to an inadequate supply of appropriate alternative placement options to meet the needs of children.
(c)For group homes being paid under the RCL system, and those granted an exception pursuant to paragraph (b), group home rates shall terminate on December 31, 2016, unless granted an extension under the exception process in subdivision (d).
(d)A group home may request an exception to extend its rate as follows:
(1)The department may grant an extension for up to 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 providers 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.
(e)Upon termination of an existing group home rate under the RCL system, a new rate shall not be paid until an application is approved and a rate is granted by the department pursuant to Section 11462 as a short-term residential treatment center or pursuant to Section 11463 as a foster family agency.
(f)The department shall, in the development of the new rate structures, consider and provide for placement of all children who are displaced as a result of reclassification of treatment facilities.
(g)This section shall become operative on January 1, 2017.
SEC. 83.Section 11462.041 is added to the Welfare and Institutions Code, to read:11462.041.(a)The Legislature recognizes that group homes are one of the primary placement options utilized by probation departments to avoid inappropriate housing of youth in a detention hall, more so since the 2007 realignment of most juvenile offenders from state supervision to county supervision. In order to further improve outcomes for these youth, targeted efforts will be required at the state and local levels to create sufficient capacity in home-based family care and in short-term residential treatment centers in order to serve these youth safely in the least restrictive, family-based settings, whenever possible. This increased capacity is needed in both the number of related and unrelated family-based caregivers, in the caregivers ability to meet the needs of probation youth, and in the services and supports available to these caregivers. Additionally, there must be sufficient capacity in short-term residential treatment centers to meet the needs of probation youth and ensure public safety.
(b)To meet the capacity needs described in subdivision (a), commencing on January 1, 2016, county probation departments shall do all of the following:
(1)Work with group home providers to develop short-term residential treatment center programs that meet the treatment needs of probation supervised youth in foster care.
(2)Work with foster family agencies and other community-based organizations to develop strategies to recruit, retain, and support specialized foster homes for probation youth.
(3)Work with the department on strategies to identify, engage, and support relative caregivers.
(4)Work with the department to define probation youth outcome measures to be collected and analyzed to assess implementation of this act.
(c)To support the activities described in subdivision (b), commencing on January 1, 2016, the department, in consultation with the Chief Probation Officers of California, shall do all of the following:
(1)Work with providers, courts, and county probation departments to develop capacity for home-based family care.
(2)Work with short-term residential treatment centers and foster family agencies to address the treatment needs of specific probation populations, including, but not limited to, sex offenders, youth with gang affiliations, youth who currently are placed out of state, and youth with mental illness.
(3)Develop appropriate rate structures to support probation foster youth in home-based family care.
(4)Identify strategies to address the systemic challenges specific to small and rural counties in meeting the needs of probation foster youth in need of placement or treatment services.
(5)Provide technical assistance to existing group home providers interested in serving probation youth during the transition to the short-term residential treatment center or foster family agency models outlined in this act.
(6)Provide technical assistance related to implementation of this section to any requesting county probation department.
(d)Beginning January 1, 2018, the department, in consultation with the Chief Probation Officers of California, shall assess the capacity and quality of placement options for probation youth in foster care, including home-based family care and short-term residential treatment centers. This assessment shall include:
(1)The number and type of placement options.
(2)Whether short-term residential treatment centers have developed programming tailored to address the propensity of probation youth to run away.
(3)The degree to which foster family agencies, community-based service providers, and county probation departments have developed the programs and services necessary to recruit, retain, and support foster families and relative caregivers serving foster youth supervised by probation departments.
(4)Any need for additional training and technical assistance to be provided to short-term residential treatment centers or foster family agency providers.
(e)The department, in consultation with the Chief Probation Officers of California and the counties, shall provide an interim report, pursuant to Section 9795 of the Government Code, to the Legislature no later than January 10, 2019, and a final report, pursuant to Section 9795 of the Government Code, to the Legislature no later than January 10, 2021, which shall include the number of youth served in home-based family care, in short-term residential treatment centers, and in group homes, characteristics of youth in these placement types, and whether there is a continued need for probation placement in group homes. The reports also shall provide recommendations on any further technical assistance and training, if needed, to facilitate county probation departments, county child welfare departments, DSS, and providers in strengthening the continuum of care for justice-involved youth.
SEC. 84.Section 11463 of the Welfare and Institutions Code is amended to read:11463.(a)(1)The department, with the advice, assistance, and cooperation of the counties and foster care providers, shall develop, implement, and maintain a ratesetting system for foster family agencies.
(2)No county shall be reimbursed for any percentage increases in payments, made on behalf of AFDC-FC funded children who are placed with foster family agencies, that exceed the percentage cost-of-living increase provided in any fiscal year beginning on January 1, 1990, as specified in subdivision (c) of Section 11461.
(b)The department shall develop regulations specifying the purposes, types, and services of foster family agencies, including the use of those agencies for the provision of emergency shelter care. A distinction, for ratesetting purposes, shall be drawn between foster family agencies that provide treatment of children in foster families and those that provide nontreatment services.
(c)The department shall develop and maintain regulations specifying the procedure for the appeal of department decisions about the setting of an agencys rate.
(d)On and after July 1, 1998, the schedule of rates, and the components used in the rate calculations specified in the departments regulations, for foster family agencies shall be increased by 6 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new schedule of rates for foster family agencies.
(e)(1)On and after July 1, 1999, the schedule of rates and the components used in the rate calculations specified in the departments regulations for foster family agencies shall be adjusted by an amount equal to the California Necessities Index computed pursuant to Section 11453, rounded to the nearest dollar, subject to the availability of funds. The resultant amounts shall constitute the new schedule of rates for foster family agencies, subject to further adjustment pursuant to paragraph (2).
(2)In addition to the adjustment specified in paragraph (1), commencing January 1, 2000, the schedule of rates and the components used in the rate calculations specified in the departments regulations for foster family agencies shall be increased by 2.36 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new schedule of rates for foster family agencies.
(f)For the 19992000 fiscal year, foster family agency rates that are not determined by the schedule of rates set forth in the departments regulations, shall be increased by the same percentage as provided in subdivision (e).
(g)(1)For the 200001 fiscal year and each fiscal year thereafter, the foster family agency rate shall be supplemented by one hundred dollars ($100) for clothing per year per child in care, subject to the availability of funds. The supplemental payment shall be used to supplement, and shall not be used to supplant, any clothing allowance paid in addition to the foster family agency rate.
(2)Notwithstanding paragraph (1), commencing with the 201213 fiscal year, and each fiscal year thereafter, no supplemental clothing allowance shall be provided, because the rate issued in accordance with paragraph (1) of subdivision (m) takes the cost of clothing into account.
(h)In addition to the adjustment made pursuant to subdivision (e), the component for social work activities in the rate calculation specified in the departments regulations for foster family agencies shall be increased by 10 percent, effective January 1, 2001. This additional funding shall be used by foster family agencies solely to supplement staffing, salaries, wages, and benefit levels of staff performing social work activities. The schedule of rates shall be recomputed using the adjusted amount for social work activities. The resultant amounts shall constitute the new schedule of rates for foster family agencies. The department may require a foster family agency receiving this additional funding to certify that the funding was utilized in accordance with the provisions of this section.
(i)The increased rate provided by subparagraph (C) of paragraph (1) of subdivision (d) of Section 11461 shall not be used to compute the monthly amount that may be paid to licensed foster family agencies for the placement of children in certified foster homes.
(j)The total foster family agency rate by age group in effect as of January 1, 2008, paid to licensed foster family agencies for the placement of children in certified foster family homes, shall be reduced by 10 percent, effective October 1, 2009. The foster family agency shall have flexibility in applying the reduction, however, nothing shall be deducted from the child base rate, as defined in departmental regulations. When the rate is restored to at least the rate in effect on September 1, 2009, the director shall issue the declaration described in Section 1506.3 of the Health and Safety Code.
(k)Effective October 1, 2009, the total foster family agency rate by age group, in effect for those agency rates that are not determined by the schedule of rates set forth in the departments regulations, shall be reduced by the same percentage and in the same manner as provided for in subdivision (j).
(l)(1)The department shall determine, consistent with the requirements of this section and other relevant requirements under law, the rate category for each foster family agency on a biennial basis. Submission of the biennial rate application shall be according to a schedule determined by the department.
(2)The department shall adopt regulations to implement this subdivision. The adoption, amendment, repeal, or readoption of a regulation authorized by this subdivision is deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement to describe specific facts showing the need for immediate action.
(m)(1)On and after July 1, 2012, the basic rate payment that shall be made to the certified parent pursuant to this section for care and supervision of a child who is living in a certified home of a foster family agency, as defined in Section 11400, shall equal the basic rate for children based in a licensed or approved home, as specified in paragraph (1) of subdivision (g) of Section 11461.
(2)The basic rate payment to the certified parent made pursuant to paragraph (1) shall be adjusted annually on July 1, by the annual percentage change in the California Necessities Index, in accordance with paragraph (2) of subdivision (g) of Section 11461. The adjustment in this paragraph shall be in lieu of any adjustment pursuant to subdivision (e).
(n)Notwithstanding any other law, the changes to the basic rate payment specified in subdivision (m) shall not change the remaining components of the foster family agency rate. The new foster family agency rate shall be increased only by the amounts specified pursuant to subdivision (m). The resulting amounts shall constitute the new schedule of rates for foster family agencies, which shall be issued by all-county letters or similar instructions from the department.
(o)Beginning in the 201112 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
(p)(1)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific the changes to this section made by the act that added this section, and amend and repeal regulations and orders subject to this section and adopted by the department by means of all-county letters or similar instructions from the department until regulations are adopted. The department shall adopt emergency regulations no later than July 1, 2014. The department may readopt any emergency regulation authorized by this section that is the same as, or substantially equivalent to, an emergency regulation previously adopted under this section.
(2)The initial adoption of emergency regulations pursuant to this section and one readoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and each shall remain in effect for no more than 180 days, by which time final regulations may be adopted.
(q)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 85.Section 11463 is added to the Welfare and Institutions Code, to read:11463.(a)The department shall commence development of a new payment structure for the Title IV-E funded foster family agency placement option that maximizes federal funding, 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 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)The department shall consider the impact on children and youth being transitioned to alternate programs as a result of the new ratesetting system.
(e) This section shall become operative on January 1, 2017.
SEC. 86.Section 11463.01 is added to the Welfare and Institutions Code, immediately after Section 11463, to read:11463.01.(a)(1)The department, with the advice, assistance, and cooperation of the counties and foster care providers, shall develop, implement, and maintain a ratesetting system for foster family agencies.
(2)No county shall be reimbursed for any percentage increases in payments, made on behalf of AFDC-FC funded children who are placed with foster family agencies, that exceed the percentage cost-of-living increase provided in any fiscal year, as specified in subdivision (c) of Section 11461.
(b)The department shall develop regulations specifying the purposes, types, and services of foster family agencies, including the use of those agencies for the provision of emergency shelter care.
(c)The department shall develop and maintain regulations specifying the procedures for the appeal of department decisions about the setting of an agencys rate.
(d)No supplemental clothing allowance shall be provided, because the rate issued in accordance with paragraph (1) of subdivision (g) takes the cost of clothing into account.
(e)The schedule of rates for foster family agencies as set forth in Section 11463, as that section read on January 1, 2015, shall apply for purposes of, and may be modified pursuant to, this section.
(f)(1)The department shall determine, consistent with the requirements of this section and other relevant requirements under law, the rate category for each foster family agency on a biennial basis. Submission of the biennial rate application shall be according to a schedule determined by the department.
(2)The department shall adopt regulations to implement this subdivision. The adoption, amendment, repeal, or readoption of a regulation authorized by this subdivision is deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement to describe specific facts showing the need for immediate action.
(g)(1)The basic rate payment that shall be made to the certified parent pursuant to this section for care and supervision of a child who is living in a certified home of a foster family agency, as defined in Section 11400, shall equal the basic rate for children placed in a licensed or approved home, as specified in paragraph (1) of subdivision (g) of Section 11461.
(2)The basic rate payment to the certified parent made pursuant to paragraph (1) shall be adjusted annually on July 1, by the annual percentage change in the California Necessities Index, in accordance with paragraph (2) of subdivision (g) of Section 11461. The adjustment in this paragraph shall be in lieu of any adjustment pursuant to subdivision (e) of Section 11463, as that section read on January 1, 2015.
(h)Notwithstanding any other law, the changes to the basic rate payment specified in subdivision (g) shall not change the remaining components of the foster family agency rate. The new foster family agency rate shall be increased only by the amounts specified pursuant to subdivision (g). The resulting amounts shall constitute the new schedule of rates for foster family agencies, which shall be issued by all-county letters or similar instructions from the department.
(i)For each fiscal year, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
(j)(1)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific the changes to this section made by the act that added this section, and amend and repeal regulations and orders subject to this section and adopted by the department by means of all-county letters or similar instructions from the department until regulations are adopted. The department shall adopt emergency regulations no later than July 1, 2016. The department may readopt any emergency regulation authorized by this section that is the same as, or substantially equivalent to, an emergency regulation previously adopted under this section.
(2)The initial adoption of emergency regulations pursuant to this section and one readoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and each shall remain in effect for no more than 180 days, by which time final regulations may be adopted.
(k)This section shall only apply to a foster family agency that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11463.1.
(l)This section shall become operative on January 1, 2017.
(m)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 87.Section 11463.1 is added to the Welfare and Institutions Code, to read:11463.1.(a)Notwithstanding any other law, commencing January 1, 2017, no new foster family agency shall be established pursuant to the rate in effect through December 31, 2016.
(b)Notwithstanding subdivision (a), the department may grant an exception as appropriate, on a case-by-case basis, when a written request and supporting documentation are provided by a county placing agency, including a county welfare or probation director, that absent the granting of that exception, there is a material risk to the welfare of children due to an inadequate supply of appropriate alternative placement options to meet the needs of children 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 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. 88.Section 11465 of the Welfare and Institutions Code is amended to read:11465.(a)When a child is living with a parent who receives AFDC-FC or Kin-GAP benefits, the rate paid to the provider on behalf of the parent shall include an amount for care and supervision of the child.
(b)For each category of eligible licensed community care facility, as defined in Section 1502 of the Health and Safety Code, the department shall adopt regulations setting forth a uniform rate to cover the cost of care and supervision of the child in each category of eligible licensed community care facility.
(c)(1)On and after July 1, 1998, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 6 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate.
(2)(A)On and after July 1, 1999, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be adjusted by an amount equal to the California Necessities Index computed pursuant to Section 11453, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate, subject to further adjustment pursuant to subparagraph (B).
(B)In addition to the adjustment specified in subparagraph (A), on and after January 1, 2000, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 2.36 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate.
(3)Subject to the availability of funds, for the 200001 fiscal year and annually thereafter, these rates shall be adjusted for cost of living pursuant to procedures in Section 11453.
(4)On and after January 1, 2008, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 5 percent, rounded to the nearest dollar. The resulting amount shall constitute the new uniform rate.
(d)(1)Notwithstanding subdivisions (a) to (c), inclusive, the payment made pursuant to this section for care and supervision of a child who is living with a teen parent in a whole family foster home, as defined in Section 11400, shall equal the basic rate for children placed in a licensed or approved home as specified in subdivisions (a) to (d), inclusive, and subdivision (g), of Section 11461.
(2)(A)The amount paid for care and supervision of a dependent infant living with a dependent teen parent receiving AFDC-FC benefits in a group home placement shall equal the infant supplement rate for group home placements.
(B)Commencing January 1, 2017, the amount paid for care and supervision of a dependent infant living with a dependent teenage parent receiving AFDC-FC benefits in a short-term residential treatment center shall equal the infant supplement rate for short-term residential treatment centers established by the department.
(3)(A)The caregiver shall provide the county child welfare agency or probation department with a copy of the shared responsibility plan developed pursuant to Section 16501.25 and shall advise the county child welfare agency or probation department of any subsequent changes to the plan. Once the plan has been completed and provided to the appropriate agencies, the payment made pursuant to this section shall be increased by an additional two hundred dollars ($200) per month to reflect the increased care and supervision while he or she is placed in the whole family foster home.
(B)A nonminor dependent parent residing in a supervised independent living placement, as defined in subdivision (w) of Section 11400, who develops a written parenting support plan pursuant to Section 16501.26 shall provide the county child welfare agency or probation department with a copy of the plan and shall advise the county child welfare agency or probation department of any subsequent changes to the plan. The payment made pursuant to this section shall be increased by an additional two hundred dollars ($200) per month after all of the following have been satisfied:
(i)The plan has been completed and provided to the appropriate county agency.
(ii)The plan has been approved by the appropriate county agency.
(iii)The county agency has determined that the identified responsible adult meets the criteria specified in Section 16501.27.
(4)In a year in which the payment provided pursuant to this section is adjusted for the cost of living as provided in paragraph (1) of subdivision (c), the payments provided for in this subdivision shall also be increased by the same procedures.
(5)A Kin-GAP relative who, immediately prior to entering the Kin-GAP program, was designated as a whole family foster home shall receive the same payment amounts for the care and supervision of a child who is living with a teen parent they received in foster care as a whole family foster home.
(6)On and after January 1, 2012, the rate paid for a child living with a teen parent in a whole family foster home as defined in Section 11400 shall also be paid for a child living with a nonminor dependent parent who is eligible to receive AFDC-FC or Kin-GAP pursuant to Section 11403.
SEC. 89.Section 11466 is added to the Welfare and Institutions Code, to read:11466.For the purposes of this section to Section 114691.1, inclusive, provider shall mean a group home, short-term residential treatment center, a foster family agency that provides treatment services, and similar foster care business entities.
SEC. 90.Section 11466.2 of the Welfare and Institutions Code is amended to read:11466.2.(a)(1)The department shall perform or have performed group home program and fiscal audits as needed. Group home programs shall maintain all child-specific, programmatic, personnel, fiscal, and other information affecting group home ratesetting and AFDC-FC payments for a period not less than five years.
(2)Notwithstanding paragraph (1), the department shall not establish an overpayment based upon a nonprovisional program audit conducted on less than a one-year audit period.
(3)Notwithstanding paragraph (2), the department may conduct audits covering a period of less than 12 months. Based upon the findings of these audits, the department may reduce a group home programs AFDC-FC rate or RCL pursuant to this paragraph.
(A)In an audit of a period of less than 12 months, if a providers audited RCL is no more than three levels below the paid RCL, the providers rate and RCL will be reduced to the audited RCL. The provider will be allowed the opportunity to bring a program into compliance with the paid RCL.
(B)In an audit of a period of less than 12 months, if the providers audited RCL is more than three levels below the paid RCL, the department shall conduct an audit as identified in paragraph (2) of subdivision (a) of Section 11466.2. The provider will be allowed the opportunity to bring a program into compliance with the paid RCL.
(C)For audit purposes, when the group home program serves a mixture of AFDC-FC eligible and ineligible children, the weighted hours for child care and social work services provided and the capacity of the group home shall be adjusted by the ratio of AFDC-FC eligible children to all children in placement.
(D)A group home provider may request a hearing of the departments RCL determination under subparagraph (A) no later than 30 days after the date the department issues its RCL determination. The departments RCL determination shall be final if the group home provider does not request a hearing within the prescribed time. Within 60 days of receipt of the request for hearing, the department shall conduct a hearing on the RCL determination. The standard of proof shall be the preponderance of the evidence and the burden of proof shall be on the department. The hearing officer shall issue the proposed decision within 45 days of the close of the evidentiary record. The director shall adopt, reject, or modify the proposed decision, or refer the matter back to the hearing officer for additional evidence or findings within 100 days of issuance of the proposed decision. If the director takes no action on the proposed decision within the prescribed time, the proposed decision shall take effect by operation of law.
(b)(1)The department shall develop regulations to correct a group home programs RCL, and to adjust the rate and to recover any overpayments resulting from an overstatement of the projected level of care and services.
(2)The department shall modify the amount of the overpayment pursuant to paragraph (1) in cases where the level of care and services provided per child in placement equals or exceeds the level associated with the programs RCL. In making this modification, the department shall determine whether services other than child care supervision were provided to children in placement in an amount that is at least proportionate, on a per child basis, to the amount projected in the group homes rate application. In cases where these services are provided in less than a proportionate amount, staffing for child care supervision in excess of its proportionate share shall not be substituted for nonchild care supervision staff hours.
(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 departments 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 group home 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 found are explained and the opportunity exists for providers to respond. The department shall adopt regulations specifying the procedure for the appeal of audit findings.
(d)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 91.Section 11466.2 is added to the Welfare and Institutions Code, 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)A provider may request a hearing of the departments audit determination under this section no later than 30 days after the date the department issues its audit determination. The departments 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 programs 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 departments 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. 92.Section 11466.21 of the Welfare and Institutions Code is amended to read:11466.21.(a)In accordance with subdivision (b), as a condition to receive an AFDC-FC rate for a program including, but not limited to, a group home, a foster family agency that provides treatment services, a short-term residential treatment center, and other similar business entities providing foster care, the following shall apply:
(1)Any provider who expends in combined federal funds an amount at or above the federal funding threshold in accordance with the federal Single Audit Act, as amended, and Section 200.501 of Title 2 of the Code of Federal Regulations shall arrange to have a financial audit conducted on an annual basis, and shall submit the annual financial audit to the department in accordance with regulations adopted by the department, all-county letter, or similar written instructions.
(2)Any provider who expends in combined federal funds an amount below the federal funding threshold in accordance with the federal Single Audit Act, as amended, and Section 200.501 of Title 2 of the Code of Federal Regulations shall annually submit to the department a financial audit on its most recent fiscal period. The department shall provide timely notice to the providers of the date that submission of the financial audit is required. That date of submission of the financial audit shall be established in accordance with regulations adopted by the department.
(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 providers 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 providers next full fiscal year of operation. The provider shall submit the financial audit to the department in accordance with subdivision (a).
(4)Repeated late financial audits may result in monetary penalties or termination of the providers rate as set forth in regulation, all-county letter, or similar written directive by the department.
(c)The department shall issue a management decision letter on audit findings 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.
SEC. 93.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 programs paid rate.
(b)For the purposes of this section, a provider is a licensee of an AFDC-FC program listed in Section 11402, including, but not limited to, a group home, short-term residential treatment center, foster family agency that provides treatment services, or a similar business entity, receiving foster care maintenance payments under the AFDC-FC program. The department may collect a sustained overpayment from the party responsible for the sustained overpayment, regardless of whether the party remains in the business of providing any AFDC-FC programs, and regardless of whether the provider remains licensed by the department.
(c)For the purposes of this section, a provider overpayment is an overpayment that results in an audit period when a provider receives a rate reimbursement to which it is not entitled. If a provider receives a rate reimbursement to which it is not entitled, including, but not limited to, the provider failing to maintain a license, or failing to maintain its status as a nonprofit organization, or due to an overpayment determined as described in paragraph (1) of subdivision (d). If a provider receives a rate to which it is not entitled it shall be liable to repay the overpayment.
(d)(1)Overpayments shall be determined by either a provider audit pursuant to Section 11466.21, a department audit conducted pursuant to Section 11466.2, a management decision letter, or a provider self-reporting an overpayment. A self-reported overpayment may include a finding in the financial audit report submitted by the provider whether that finding is formally made in the financial audit report or discovered through department review of the report or other provider submission.
(2)If a hearing is not requested, or on the 60th day after an informal decision if a provider or the department does not file a notice of intent to file a formal appeal, or on the 30th day following a formal appeal hearing decision, whichever is latest, a provider overpayment shall be sustained for collection purposes and the department shall issue a demand letter for repayment of the sustained overpayment.
(3)The department shall establish a voluntary repayment agreement procedure with a maximum repayment period of nine years. The procedure shall take into account the amount of the overpayment, projected annual income of the program that caused the overpayment, a minimum repayment amount, including principal and interest, of 3 percent of annual income prorated on a monthly basis, simple interest for the first seven years of the voluntary repayment agreement on the overpayment amount based on the Surplus Money Investment Fund, and simple interest for the eighth and ninth years of the voluntary repayment agreement based on the prime rate at that time plus 3 percent. The department may consider, at the discretion of the director, renegotiation of a voluntary repayment agreement if the director determines that the agreement would cause severe harm to children in placement.
(4)The department shall establish an involuntary overpayment collection procedure, that shall take into account the amount of the overpayment, projected annual income, a minimum required repayment amount, including principal and interest, of 5 percent of the annual income prorated on a monthly basis, simple interest on the overpayment amount based on the Surplus Money Investment Fund, and a maximum repayment period of seven years. The department may consider, at the discretion of the director, renegotiation of an involuntary payment agreement if the director determines that the agreement would cause severe harm to children in placement.
(e)The department shall maintain, by regulation , all-county letter, or similar written directive, a procedure for recovery of any provider sustained overpayments. The department shall prioritize collection methods, which shall include voluntary repayment agreement procedures, involuntary overpayment collection procedures, including the use of a statutory lien, rate request denials, rate decreases, and rate terminations. The department may also deny rate requests, including requests for rate increases, or program changes or expansions, while an overpayment is due.
(f)Whenever the department determines that a provider sustained overpayment has occurred, the department shall recover from the provider the full amount of the sustained overpayment, and simple interest on the sustained overpayment amount, pursuant to methods described in subdivision (e), against the providers 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. 94.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 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. 95.Section 11466.3 of the Welfare and Institutions Code is amended to read:11466.3.(a)The department shall offer a voluntary repayment agreement procedure to providers that owe a sustained overpayment. A provider may enter into a voluntary repayment agreement with the department to repay a sustained overpayment. The voluntary repayment agreement shall, at a minimum, meet the requirements developed pursuant to paragraph (3) of subdivision (d) of Section 11466.22.
(b)The department shall charge simple interest on the voluntary repayment agreement in accordance with paragraph (3) of subdivision (d) of Section 11466.22.
SEC. 96.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. 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 providers rate and shall result in a referral to the departments Community Care Licensing Division for license revocation.
SEC. 97.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 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 providers 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. 98.Section 11466.33 of the Welfare and Institutions Code is amended to read:11466.33.(a)If any amount is due and payable to the department as a result of a sustained overpayment to a provider for care and services in the AFDC-FC program, the department may file, in the office of any county clerk of any county in which the provider has real or personal property, a certificate if any of the following conditions are met:
(1)No formal hearing is requested, the provider has not submitted a voluntary repayment agreement with the first payment, and 60 days have elapsed from the notice of audit results.
(2)The provider has not submitted a voluntary repayment agreement along with the first payment, 30 days have elapsed after an adverse appeal decision by a hearing officer sustaining an overpayment, and that decision has been adopted by the department or is effective by operation of law.
(b)The certificate provided for pursuant to subdivision (a) shall contain:
(1)The amount due, owing, and unpaid, plus simple interest on the amount owing and unpaid beginning on the date the certificate is filed.
(2)A statement that the department has complied with this section prior to the filing of the certificate.
(3)A request that a lien be recorded against the provider in the amount set forth in the certificate.
(c)The county clerk immediately upon the filing of the certificate shall record the lien for the State of California against the provider in the amount set forth in the certificate. The lien may be filed in the chain of title of the property.
(d)The department shall pay the cost of the first lien, and providers shall be responsible for any subsequent liens on a sustained overpayment.
(e)For the first certificate filed by the department pursuant to this section, the county shall waive all filing fees.
SEC. 99.Section 11466.34 of the Welfare and Institutions Code is amended to read:11466.34.(a)(1)At any time within 10 years of the recording of a lien pursuant to Section 11466.33, the department may bring an action, in a superior court in the county in which the lien is filed, seeking a judgment to establish the lien as a judgment lien.
(2)If a judgment is obtained pursuant to paragraph (1), the county recorder shall record the lien as a judgment lien.
(b)An abstract of a judgment obtained pursuant to subdivision (a) or a copy thereof may be recorded with the county recorder of any county. From the time of recording, the judgment shall constitute a lien upon all real or personal property of the provider in that county owned by the provider at the time, or that the provider may afterwards, but before the lien expires, acquire. The judgment lien shall continue for 10 years from the time of recording of the abstract of judgment obtained pursuant to subdivision (a), unless sooner released or otherwise discharged.
(c)The judgment lien may, within 10 years from the date of recording of the abstract of judgment or within 10 years from the date of the last extension of the lien in the manner provided in this section, be extended by recording a new abstract in the office of the county recorder of any county. From the date of that recording, the lien shall be extended for 10 years, unless sooner released or otherwise discharged.
(d)The department may release any lien imposed pursuant to this chapter, at the providers cost, in which case any judgment pertaining to that lien is for all purposes null and void, if all of the following conditions are met:
(1)No temporary suspension order or license revocation actions by the departments community care licensing division is pending against a provider.
(2)A provider has made at least three timely payments on a voluntary repayment agreement.
(3)The provider submits to the department corroborative evidence that it is unable to obtain a loan from an institutional lender unless the lien is released.
(e)Execution shall issue upon a judgment obtained pursuant to this section upon request of the department in the same manner as execution may issue upon other judgments. Sale shall be held under that execution as prescribed in the Code of Civil Procedure. In all proceedings under this section, the director or his or her authorized agents may act on behalf of the state.
SEC. 100.Section 11466.35 of the Welfare and Institutions Code is amended to read:11466.35.(a)Any licensee or member of a governing board of a nonprofit who has been determined to owe a sustained overpayment under this chapter, and who, subsequent to notice of the sustained overpayment, has its rate terminated, shall be ineligible to apply or receive a rate for any future program until the overpayment is repaid.
(b)A rate application shall be denied for a provider that meets either of the following conditions:
(1)A provider owing a sustained overpayment under this chapter, upon the occurrence of any additional sustained overpayment, shall be ineligible to apply or receive a rate for an existing or future program until the sustained overpayments are repaid, unless a voluntary repayment agreement is approved by the department.
(2)A provider incurring a sustained overpayment that constitutes more than 60 percent of the providers annual rate reimbursement shall be ineligible to apply or receive a rate for any existing or future programs until the sustained overpayments are repaid, unless a voluntary repayment agreement is approved by the department.
SEC. 101.Section 11466.36 of the Welfare and Institutions Code is amended to read:11466.36.(a)The department may terminate a program rate if any of the following conditions are met:
(1)The department determines that, based upon the findings of a hearing officer, a rate application or information submitted by a provider was fraudulently submitted to the department.
(2)A provider is failing to provide services in accordance with the standards associated with its paid rate or in accordance with its program statement.
(3)A provider with an outstanding sustained overpayment incurs a second sustained overpayment, and is unable to repay the sustained overpayments.
(4)A provider has a sustained overpayment that represents 100 percent of a providers annual rate reimbursement.
(5)A provider has a sustained overpayment and has failed to timely submit its payments on more than three occasions in a 12-month period.
(b)This chapter shall not be construed to affect the departments authority under other provisions of law for collection of provider sustained overpayments.
SEC. 102.Section 11466.5 of the Welfare and Institutions Code is amended to read:11466.5.The department shall collect cost data and monitor the cost of providing care and supervision, and social work services, to AFDC-FC recipients. These data shall include, but not be limited to, the costs incurred for employee wages and benefits.
SEC. 103.Section 11466.6 of the Welfare and Institutions Code is amended to read:11466.6.A provider who disagrees with the rate determined by the department, the rate adjusted by an audit, or a determination made in a management decision letter may request in writing an appeal by the director or the directors designee. The department shall maintain, by regulation, all-county letter, or similar written directive, procedures for the departmental appeal process.
SEC. 104.Section 11468 of the Welfare and Institutions Code is amended to read:11468.The department shall establish and maintain administrative procedures to review the rate set by the department for AFDC-FC programs, including, but not limited to, group homes, short-term residential treatment centers, and foster family agencies that provide treatment services.
SEC. 105.Section 16000 of the Welfare and Institutions Code is amended to read:16000.(a)It is the intent of the Legislature to preserve and strengthen a childs family ties whenever possible, removing the child from the custody of his or her parents only when necessary for his or her welfare or for the safety and protection of the public. If a child is removed from the physical custody of his or her parents, preferential consideration shall be given whenever possible to the placement of the child with the relative as required by Section 7950 of the Family Code. If the child is removed from his or her own family, it is the purpose of this chapter to secure as nearly as possible for the child the custody, care, and discipline equivalent to that which should have been given to the child by his or her parents. It is further the intent of the Legislature to reaffirm its commitment to children who are in out-of-home placement to live in the least restrictive family setting promoting normal childhood experiences that is suited to meet the childs or youths individual needs, and to live as close to the childs family as possible pursuant to subdivision (c) of Section 16501.1. Family reunification services shall be provided for expeditious reunification of the child with his or her family, as required by law. If reunification is not possible or likely, a permanent alternative shall be developed.
(b)It is further the intent of the Legislature that all children live with a committed, permanent, and nurturing family. Services and supports should be tailored to meet the needs of the individual child and family being served, with the ultimate goal of maintaining the family, or when this is not possible, transitioning the child or youth to a permanent family or preparing the child or youth for a successful transition into adulthood. When needed, short-term residential treatment center program services are a short-term, specialized, and intensive intervention that is just one part of a continuum of care available for children, youth, young adults, and their families.
(c)It is further the intent of the Legislature to ensure that all pupils in foster care and those who are homeless as defined by the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.) have the opportunity to meet the challenging state pupil academic achievement standards to which all pupils are held. In fulfilling their responsibilities to pupils in foster care, educators, county placing agencies, care providers, advocates, and the juvenile courts shall work together to maintain stable school placements and to ensure that each pupil is placed in the least restrictive educational programs, and has access to the academic resources, services, and extracurricular and enrichment activities that are available to all pupils. In all instances, educational and school placement decisions shall be based on the best interests of the child.
SEC. 106.Section 16003 of the Welfare and Institutions Code is amended to read:16003.(a)In order to promote the successful implementation of the statutory preference for foster care placement with a relative caregiver as set forth in Section 7950 of the Family Code, each community college district with a foster care education program shall make available orientation and training to the relative or nonrelative extended family member caregiver into whose care the county has placed a foster child pursuant to Section 1529.2 of the Health and Safety Code, including, but not limited to, courses that cover the following:
(1)The role, rights, and responsibilities of a relative or nonrelative extended family member caregiver caring for a child in foster care, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(2)An overview of the child protective system.
(3)The effects of child abuse and neglect on child development.
(4)Positive discipline and the importance of self-esteem.
(5)Health issues in foster care.
(6)Accessing education and health services that are available to foster children.
(7)Relationship and safety issues regarding contact with one or both of the birth parents.
(8)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(9)Information on resources available for those who meet eligibility criteria, including out-of-home care payments, the Medi-Cal program, in-home supportive services, and other similar resources.
(10)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(11)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(b)In addition to training made available pursuant to subdivision (a), each community college district with a foster care education program shall make training available to a relative or nonrelative extended family member caregiver that includes, but need not be limited to, courses that cover all of the following:
(1)Child and adolescent development, including sexual orientation, gender identity, and expression.
(2)Health issues in foster care.
(3)Positive discipline and the importance of self-esteem.
(4)Emancipation and independent living.
(5)Accessing education and health services available to foster children.
(6)Relationship and safety issues regarding contact with one or both of the birth parents.
(7)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(8)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(c)In addition to the requirements of subdivisions (a) and (b), each community college district with a foster care education program, in providing the orientation program, shall develop appropriate program parameters in collaboration with the counties.
(d)Each community college district with a foster care education program shall make every attempt to make the training and orientation programs for relative or nonrelative extended family member caregivers highly accessible in the communities in which they reside.
(e)When a child is placed with a relative or nonrelative extended family member caregiver, the county shall inform the caregiver of the availability of training and orientation programs and it is the intent of the Legislature that the county shall forward the names and addresses of relative or nonrelative extended family member caregivers to the appropriate community colleges providing the training and orientation programs.
(f)This section shall not be construed to preclude counties from developing or expanding existing training and orientation programs for foster care providers to include relative or nonrelative extended family member caregivers.
(g)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 106.1.Section 16003 of the Welfare and Institutions Code is amended to read:16003.(a)In order to promote the successful implementation of the statutory preference for foster care placement with a relative caregiver as set forth in Section 7950 of the Family Code, each community college district with a foster care education program shall make available orientation and training to the relative or nonrelative extended family member caregiver into whose care the county has placed a foster child pursuant to Section 1529.2 of the Health and Safety Code, including, but not limited to, courses that cover the following:
(1)The role, rights, and responsibilities of a relative or nonrelative extended family member caregiver caring for a child in foster care, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(2)An overview of the child protective system.
(3)The effects of child abuse and neglect on child development.
(4)Positive discipline and the importance of self-esteem.
(5)Health issues in foster care, including, but not limited to, the information described in subdivision (d) of Section 16501.4.
(6)Accessing education and health services that are available to foster children.
(7)Relationship and safety issues regarding contact with one or both of the birth parents.
(8)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(9)Information on resources available for those who meet eligibility criteria, including out-of-home care payments, the Medi-Cal program, in-home supportive services, and other similar resources.
(10)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(11)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(b)In addition to training made available pursuant to subdivision (a), each community college district with a foster care education program shall make training available to a relative or nonrelative extended family member caregiver that includes, but need not be limited to, courses that cover all of the following:
(1)Child and adolescent development, including sexual orientation, gender identity, and expression.
(2)Health issues in foster care, including, but not limited to, the information described in subdivision (d) of Section 16501.4.
(3)Positive discipline and the importance of self-esteem.
(4)Emancipation and independent living.
(5)Accessing education and health services available to foster children.
(6)Relationship and safety issues regarding contact with one or both of the birth parents.
(7)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(8)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(c)In addition to the requirements of subdivisions (a) and (b), each community college district with a foster care education program, in providing the orientation program, shall develop appropriate program parameters in collaboration with the counties.
(d)Each community college district with a foster care education program shall make every attempt to make the training and orientation programs for relative or nonrelative extended family member caregivers highly accessible in the communities in which they reside.
(e)When a child is placed with a relative or nonrelative extended family member caregiver, the county shall inform the caregiver of the availability of training and orientation programs and it is the intent of the Legislature that the county shall forward the names and addresses of relative or nonrelative extended family member caregivers to the appropriate community colleges providing the training and orientation programs.
(f)This section shall not be construed to preclude counties from developing or expanding existing training and orientation programs for foster care providers to include relative or nonrelative extended family member caregivers.
(g)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 106.2.Section 16003 of the Welfare and Institutions Code is amended to read:16003.(a)In order to promote the successful implementation of the statutory preference for foster care placement with a relative caregiver as set forth in Section 7950 of the Family Code, each community college district with a foster care education program shall make available orientation and training, pursuant to Sections 1522.44 and 1529.2 of the Health and Safety Code, to the relative or nonrelative extended family member caregiver into whose care the county has placed a foster child. The training shall include, but is not limited to, courses that cover the following:
(1)The role, rights, and responsibilities of a relative or nonrelative extended family member caregiver caring for a child in foster care, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(2)An overview of the child protective system.
(3)The effects of child abuse and neglect on child development.
(4)Positive discipline and the importance of self-esteem.
(5)Health issues in foster care.
(6)Accessing education and health services that are available to foster children.
(7)Relationship and safety issues regarding contact with one or both of the birth parents.
(8)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(9)Information on resources available for those who meet eligibility criteria, including out-of-home care payments, the Medi-Cal program, in-home supportive services, and other similar resources.
(10)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(11)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(12)Knowledge of, 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.
(b)In addition to training made available pursuant to subdivision (a), each community college district with a foster care education program shall make training available to a relative or nonrelative extended family member caregiver that includes, but need not be limited to, courses that cover all of the following:
(1)Child and adolescent development, including sexual orientation, gender identity, and expression.
(2)Health issues in foster care.
(3)Positive discipline and the importance of self-esteem.
(4)Emancipation and independent living.
(5)Accessing education and health services available to foster children.
(6)Relationship and safety issues regarding contact with one or both of the birth parents.
(7)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(8)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(9)Knowledge of, 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.
(c)In addition to the requirements of subdivisions (a) and (b), each community college district with a foster care education program, in providing the orientation program, shall develop appropriate program parameters in collaboration with the counties.
(d)Each community college district with a foster care education program shall make every attempt to make the training and orientation programs for relative or nonrelative extended family member caregivers highly accessible in the communities in which they reside.
(e)When a child is placed with a relative or nonrelative extended family member caregiver, the county shall inform the caregiver of the availability of training and orientation programs and it is the intent of the Legislature that the county shall forward the names and addresses of relative or nonrelative extended family member caregivers to the appropriate community colleges providing the training and orientation programs.
(f)This section shall not be construed to preclude counties from developing or expanding existing training and orientation programs for foster care providers to include relative or nonrelative extended family member caregivers.
(g) This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 106.3.Section 16003 of the Welfare and Institutions Code is amended to read:16003.(a)In order to promote the successful implementation of the statutory preference for foster care placement with a relative caregiver as set forth in Section 7950 of the Family Code, each community college district with a foster care education program shall make available orientation and training, pursuant to Sections 1522.44 and 1529.2 of the Health and Safety Code, to the relative or nonrelative extended family member caregiver into whose care the county has placed a foster child. The training shall include, but is not limited to, courses that cover the following:
(1)The role, rights, and responsibilities of a relative or nonrelative extended family member caregiver caring for a child in foster care, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(2)An overview of the child protective system.
(3)The effects of child abuse and neglect on child development.
(4)Positive discipline and the importance of self-esteem.
(5)Health issues in foster care, including, but not limited to, the information described in subdivision (d) of Section 16501.4.
(6)Accessing education and health services that are available to foster children.
(7)Relationship and safety issues regarding contact with one or both of the birth parents.
(8)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(9)Information on resources available for those who meet eligibility criteria, including out-of-home care payments, the Medi-Cal program, in-home supportive services, and other similar resources.
(10)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(11)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(12)Knowledge of, 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.
(b)In addition to training made available pursuant to subdivision (a), each community college district with a foster care education program shall make training available to a relative or nonrelative extended family member caregiver that includes, but need not be limited to, courses that cover all of the following:
(1)Child and adolescent development, including sexual orientation, gender identity, and expression.
(2)Health issues in foster care, including, but not limited to, the information described in subdivision (d) of Section 16501.4.
(3)Positive discipline and the importance of self-esteem.
(4)Emancipation and independent living.
(5)Accessing education and health services available to foster children.
(6)Relationship and safety issues regarding contact with one or both of the birth parents.
(7)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(8)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(9)Knowledge of, 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.
(c)In addition to the requirements of subdivisions (a) and (b), each community college district with a foster care education program, in providing the orientation program, shall develop appropriate program parameters in collaboration with the counties.
(d)Each community college district with a foster care education program shall make every attempt to make the training and orientation programs for relative or nonrelative extended family member caregivers highly accessible in the communities in which they reside.
(e)When a child is placed with a relative or nonrelative extended family member caregiver, the county shall inform the caregiver of the availability of training and orientation programs and it is the intent of the Legislature that the county shall forward the names and addresses of relative or nonrelative extended family member caregivers to the appropriate community colleges providing the training and orientation programs.
(f)This section shall not be construed to preclude counties from developing or expanding existing training and orientation programs for foster care providers to include relative or nonrelative extended family member caregivers.
(g)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 107.Section 16003.5 is added to the Welfare and Institutions Code, to read:16003.5.(a)Any state funding allocated to counties for the purpose of recruiting, retaining, and supporting foster parents, relative caregivers, and resource families shall be used to increase the capacity and use of home-based family care and the provision of services and supports to such caregivers. Allowable expenditures of those funds shall include, but not be limited to, and shall be used to supplement and not supplant, resources used by a county for any of the following purposes:
(1)Staffing to provide and improve direct services and supports to licensed foster family homes, approved resource families, and relative caregivers, and to remove any barriers in those areas defined as priorities in the county implementation plan and subsequent reports on outcomes.
(2)Exceptional child needs not covered by the caregiver-specific rate that would normalize the childs experience, stabilize the placement, or enhance the childs well-being.
(3)Child care for licensed foster parents, approved resource families, and relative caregivers.
(4)Intensive relative finding, engagement, and navigation efforts.
(5)Emerging technological, evidence-informed, or other nontraditional approaches to outreach to potential foster family homes, resource families, and relatives.
(b)(1)The department shall provide available funding to counties based upon its approval of plans submitted by each county that requests funding described in subdivision (a). Each county plan shall be submitted by September 1 of any year in which funding is available. Each county plan shall include all of the following:
(A)A definition of the specific goal or goals related to increasing the capacity and use of home-based family care and the provision of services and supports to such caregivers that the county intends to achieve.
(B)A description of the strategy or strategies the county proposes to pursue to address the goal or goals identified in subparagraph (A).
(C)An explanation or rationale for the proposed strategy or strategies relative to the goal or goals identified in subparagraph (A).
(D)A list or description of the outcomes that shall be reported pursuant to subdivision (c), including baseline data for those outcomes.
(2)The department shall develop, following consultation with the County Welfare Directors Association of California and the Chief Probation Officers of California, criteria for the approval of county plans submitted pursuant to paragraph (1).
(c)As a condition of accepting state funding described in subdivision (a), counties receiving that funding shall, by September 30 of the year following the end of the fiscal year in which the funding was available, report to the department the outcomes achieved through the use of that funding and the activities that contributed to those outcomes. This report from each receiving county shall be made in a manner prescribed by the department, following consultation with the County Welfare Directors Association of California and the Chief Probation Officers of California. Using these reports, the department shall share best practices among counties and shall periodically update the Legislature.
(d)Funding for the purposes of this section shall be subject to an appropriation by the Legislature.
SEC. 108.Section 16501 of the Welfare and Institutions Code is amended to read:16501.(a)(1)As used in this chapter, child welfare services means public social services that are directed toward the accomplishment of any or all of the following purposes: protecting and promoting the welfare of all children, including disabled, homeless, dependent, or neglected children; preventing or remedying, or assisting in the solution of problems which may result in, the neglect, abuse, exploitation, or delinquency of children; preventing the unnecessary separation of children from their families by identifying family problems, assisting families in resolving their problems, and preventing breakup of the family where the prevention of child removal is desirable and possible; restoring to their families children who have been removed, by the provision of services to the child and the families; identifying children to be placed in suitable adoptive homes, in cases where restoration to the biological family is not possible or appropriate; and ensuring adequate care of children away from their homes, in cases where the child cannot be returned home or cannot be placed for adoption.
(2)Child welfare services also means services provided on behalf of children alleged to be the victims of child abuse, neglect, or exploitation. The child welfare services provided on behalf of each child represent a continuum of services, including emergency response services, family preservation services, family maintenance services, family reunification services, and permanent placement services, including supportive transition services. The individual childs case plan is the guiding principle in the provision of these services. The case plan shall be developed within a maximum of 60 days of the initial removal of the child or of the in-person response required under subdivision (f) if the child has not been removed from his or her home, or by the date of the dispositional hearing pursuant to Section 358, whichever comes first.
(3)Child welfare services are best provided in a framework that integrates service planning and delivery among multiple service systems, including the mental health system, using a team-based approach, such as a child and family team. A child and family team brings together individuals that engage with the child or youth and family in assessing, planning, and delivering services consistent with paragraph (1) of subdivision (d) of Section 16501.1. Use of a team approach increases efficiency, and thus reduces cost, by increasing coordination of formal services and integrating the natural and informal supports available to the child or youth and family.
(4)Child and family team means a group of individuals who are convened by the placing agency and who are engaged through a variety of team-based processes to identify the strengths and needs of the child or youth and his or her family, and to help achieve positive outcomes for safety, permanency, and well-being.
(A)The activities of the team shall include, but not be limited to, both of the following:
(i)Providing input into the development of a child and family plan that is strengths-based, needs-driven, and culturally relevant.
(ii)Providing input into the placement decision made by the placing agency and the services to be provided in order to support the child or youth.
(B)The child and family team process shall engage the child or youth, the childs family, and other people important to the family or to the child or youth in meeting the objectives set forth in subparagraph (A). The child and family team shall also include representatives who provide formal supports to the child or youth and family when appropriate, including, but not limited to, the caregiver, the placing agency caseworker, a representative from a foster family agency or short-term residential treatment center with which a child or youth is placed, a county mental health representative, a representative from the regional center when the child is eligible for regional center service, and a representative of the childs or youths tribe or Indian custodian, as applicable. As appropriate, the child and family team also may include other formal supports, such as substance use disorder treatment professionals and educational professionals, providing services to the child or youth and family. For purposes of this definition, the child and family team also may include extended family and informal support persons, such as friends, coaches, faith-based connections, and tribes as identified by the child or youth and family. If placement into a short-term residential treatment center or a foster family agency that provides treatment services has occurred or is being considered, the mental health representative is required to be a licensed mental health professional. Any party to the childs case who is represented by an attorney may consult with his or her attorney regarding this process. The child or youth and his or her family may request specific persons to be included on the child and family team. Nothing shall preclude another agency serving the child or youth from convening a team in collaboration with the placing agency.
(5)Child welfare services may include, but are not limited to, a range of service-funded activities, including case management, counseling, emergency shelter care, emergency in-home caretakers, temporary in-home caretakers, respite care, therapeutic day services, teaching and demonstrating homemakers, parenting training, substance abuse testing, and transportation. These service-funded activities shall be available to children and their families in all phases of the child welfare program in accordance with the childs case plan and departmental regulations. Funding for services is limited to the amount appropriated in the annual Budget Act and other available county funds.
(6)Service-funded activities to be provided may be determined by each county, based upon individual child and family needs as reflected in the service plan.
(7)As used in this chapter, emergency shelter care means emergency shelter provided to children who have been removed pursuant to Section 300 from their parent or parents or their guardian or guardians. The department may establish, by regulation, the time periods for which emergency shelter care shall be funded. For the purposes of this paragraph, emergency shelter care may include transitional shelter care facilities as defined in paragraph (11) of subdivision (a) of Section 1502 of the Health and Safety Code.
(b)As used in this chapter, respite care means temporary care for periods not to exceed 72 hours, and, in order to preserve the placement, may be extended up to 14 days in any one month pending the development of policies and regulations in consultation with county placing agencies and stakeholders. This care may be provided to the childs parents or guardians. This care shall not be limited by regulation to care over 24 hours. These services shall not be provided for the purpose of routine, ongoing child care.
(c)The county shall provide child welfare services as needed pursuant to an approved service plan and in accordance with regulations promulgated, in consultation with the counties, by the department. Counties may contract for service-funded activities as defined in paragraph (1) of subdivision (a). Counties shall not contract for needs assessment, client eligibility determination, or any other activity as specified by regulations of the State Department of Social Services, except as specifically authorized in Section 16100.
(d)Nothing in this chapter shall be construed to affect duties which are delegated to probation officers pursuant to Sections 601 and 654.
(e)Any county may utilize volunteer individuals to supplement professional child welfare services by providing ancillary support services in accordance with regulations adopted by the State Department of Social Services.
(f)As used in this chapter, emergency response services consist of a response system providing in-person response, 24 hours a day, seven days a week, to reports of abuse, neglect, or exploitation, as required by Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code for the purpose of investigation pursuant to Section 11166 of the Penal Code and to determine the necessity for providing initial intake services and crisis intervention to maintain the child safely in his or her own home or to protect the safety of the child. County welfare departments shall respond to any report of imminent danger to a child immediately and all other reports within 10 calendar days. An in-person response is not required when the county welfare department, based upon an evaluation of risk, determines that an in-person response is not appropriate. This evaluation includes collateral, contacts, a review of previous referrals, and other relevant information, as indicated.
(g)As used in this chapter, family maintenance services are activities designed to provide in-home protective services to prevent or remedy neglect, abuse, or exploitation, for the purposes of preventing separation of children from their families.
(h)As used in this chapter, family reunification services are activities designed to provide time-limited foster care services to prevent or remedy neglect, abuse, or exploitation, when the child cannot safely remain at home, and needs temporary foster care, while services are provided to reunite the family.
(i)As used in this chapter, permanent placement services are activities designed to provide an alternate permanent family structure for children who because of abuse, neglect, or exploitation cannot safely remain at home and who are unlikely to ever return home. These services shall be provided on behalf of children for whom there has been a judicial determination of a permanent plan for adoption, legal guardianship, or long-term foster care, and, as needed, shall include supportive transition services to nonminor dependents, as described in subdivision (v) of Section 11400.
(j)As used in this chapter, family preservation services include those services specified in Section 16500.5 to avoid or limit out-of-home placement of children, and may include those services specified in that section to place children in the least restrictive environment possible.
(k)(1)(A)In any county electing to implement this subdivision, all county welfare department employees who have frequent and routine contact with children shall, by February 1, 1997, and all welfare department employees who are expected to have frequent and routine contact with children and who are hired on or after January 1, 1996, and all such employees whose duties change after January 1, 1996, to include frequent and routine contact with children, shall, if the employees provide services to children who are alleged victims of abuse, neglect, or exploitation, sign a declaration under penalty of perjury regarding any prior criminal conviction, and shall provide a set of fingerprints to the county welfare director.
(B)The county welfare director shall secure from the Department of Justice a criminal record to determine whether the employee has ever been convicted of a crime other than a minor traffic violation. The Department of Justice shall deliver the criminal record to the county welfare director.
(C)If it is found that the employee has been convicted of a crime, other than a minor traffic violation, the county welfare director shall determine whether there is substantial and convincing evidence to support a reasonable belief that the employee is of good character so as to justify frequent and routine contact with children.
(D)No exemption shall be granted pursuant to subparagraph (C) if the person has been convicted of a sex offense against a minor, or has been convicted of an offense specified in Section 220, 243.4, 264.1, 273d, 288, or 289 of the Penal Code, or in paragraph (1) of Section 273a of, or subdivision (a) or (b) of Section 368 of, the Penal Code, or has been convicted of an offense specified in subdivision (c) of Section 667.5 of the Penal Code. The county welfare director shall suspend such a person from any duties involving frequent and routine contact with children.
(E)Notwithstanding subparagraph (D), the county welfare director may grant an exemption if the employee or prospective employee, who was convicted of a crime against an individual specified in paragraph (1) or (7) of subdivision (c) of Section 667.5 of the Penal Code, has been rehabilitated as provided in Section 4852.03 of the Penal Code and has maintained the conduct required in Section 4852.05 of the Penal Code for at least 10 years and has the recommendation of the district attorney representing the employees or prospective employees county of residence, or if the employee or prospective employee has received a certificate of rehabilitation pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code. In that case, the county welfare director may give the employee or prospective employee an opportunity to explain the conviction and shall consider that explanation in the evaluation of the criminal conviction record.
(F)If no criminal record information has been recorded, the county welfare director shall cause a statement of that fact to be included in that persons personnel file.
(2)For purposes of this subdivision, a conviction means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Any action that the county welfare director is permitted to take following the establishment of a conviction may be taken when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, notwithstanding a subsequent order pursuant to Sections 1203.4 and 1203.4a of the Penal Code permitting the person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment. For purposes of this subdivision, the record of a conviction, or a copy thereof certified by the clerk of the court or by a judge of the court in which the conviction occurred, shall be conclusive evidence of the conviction.
SEC. 108.5.Section 16501 of the Welfare and Institutions Code is amended to read:16501.(a)(1)As used in this chapter, child welfare services means public social services that are directed toward the accomplishment of any or all of the following purposes: protecting and promoting the welfare of all children, including disabled, homeless, dependent, or neglected children; preventing or remedying, or assisting in the solution of problems which may result in, the neglect, abuse, exploitation, or delinquency of children; preventing the unnecessary separation of children from their families by identifying family problems, assisting families in resolving their problems, and preventing breakup of the family where the prevention of child removal is desirable and possible; restoring to their families children who have been removed, by the provision of services to the child and the families; identifying children to be placed in suitable adoptive homes, in cases where restoration to the biological family is not possible or appropriate; and ensuring adequate care of children away from their homes, in cases where the child cannot be returned home or cannot be placed for adoption.
(2)Child welfare services also means services provided on behalf of children alleged to be the victims of child abuse, neglect, or exploitation. The child welfare services provided on behalf of each child represent a continuum of services, including emergency response services, family preservation services, family maintenance services, family reunification services, and permanent placement services, including supportive transition services. The individual childs case plan is the guiding principle in the provision of these services. The case plan shall be developed within a maximum of 60 days of the initial removal of the child or of the in-person response required under subdivision (f) if the child has not been removed from his or her home, or by the date of the dispositional hearing pursuant to Section 358, whichever comes first.
(3)Child welfare services are best provided in a framework that integrates service planning and delivery among multiple service systems, including the mental health system, using a team-based approach, such as a child and family team. A child and family team brings together individuals that engage with the child or youth and family in assessing, planning, and delivering services consistent with paragraph (1) of subdivision (d) of Section 16501.1. Use of a team approach increases efficiency, and thus reduces cost, by increasing coordination of formal services and integrating the natural and informal supports available to the child or youth and family.
(4)Child and family team means a group of individuals who are convened by the placing agency and who are engaged through a variety of team-based processes to identify the strengths and needs of the child or youth and his or her family, and to help achieve positive outcomes for safety, permanency, and well-being.
(A)The activities of the team shall include, but not be limited to, both of the following:
(i)Providing input into the development of a child and family plan that is strengths-based, needs-driven, and culturally relevant.
(ii)Providing input into the placement decision made by the placing agency and the services to be provided in order to support the child or youth.
(B) The child and family team process shall engage the child or youth, the childs family, and other people important to the family or to the child or youth in meeting the objectives set forth in subparagraph (A). The child and family team shall also include representatives who provide formal supports to the child or youth and family when appropriate, including, but not limited to, the caregiver, the placing agency caseworker, a representative from a foster family agency or short-term residential treatment center with which a child or youth is placed, a county mental health representative, a representative from the regional center when the child is eligible for regional center service, and a representative of the childs or youths tribe or Indian custodian, as applicable. As appropriate, the child and family team also may include other formal supports, such as substance use disorder treatment professionals and educational professionals, providing services to the child or youth and family. For purposes of this definition, the child and family team also may include extended family and informal support persons, such as friends, coaches, faith-based connections, and tribes as identified by the child or youth and family. If placement into a short-term residential treatment center or a foster family agency that provides treatment services has occurred or is being considered, the mental health representative is required to be a licensed mental health professional. Any party to the childs case who is represented by an attorney may consult with his or her attorney regarding this process. The child or youth and his or her family may request specific persons to be included on the child and family team. Nothing shall preclude another agency serving the child or youth from convening a team in collaboration with the placing agency.
(5)Child welfare services may include, but are not limited to, a range of service-funded activities, including case management, counseling, emergency shelter care, emergency in-home caretakers, temporary in-home caretakers, respite care, therapeutic day services, teaching and demonstrating homemakers, parenting training, substance abuse testing, and transportation. These service-funded activities shall be available to children and their families in all phases of the child welfare program in accordance with the childs case plan and departmental regulations. Funding for services is limited to the amount appropriated in the annual Budget Act and other available county funds.
(6)Service-funded activities to be provided may be determined by each county, based upon individual child and family needs as reflected in the service plan.
(7)As used in this chapter, emergency shelter care means emergency shelter provided to children who have been removed pursuant to Section 300 from their parent or parents or their guardian or guardians. The department may establish, by regulation, the time periods for which emergency shelter care shall be funded. For the purposes of this paragraph, emergency shelter care may include transitional shelter care facilities as defined in paragraph (11) of subdivision (a) of Section 1502 of the Health and Safety Code.
(b)As used in this chapter, respite care means temporary care for periods not to exceed 72 hours, and, in order to preserve the placement, may be extended up to 14 days in any one month pending the development of policies and regulations in consultation with county placing agencies and stakeholders. This care may be provided to the childs parents or guardians. This care shall not be limited by regulation to care over 24 hours. These services shall not be provided for the purpose of routine, ongoing child care.
(c)The county shall provide child welfare services as needed pursuant to an approved service plan and in accordance with regulations promulgated, in consultation with the counties, by the department. Counties may contract for service-funded activities as defined in paragraph (1) of subdivision (a). Counties shall not contract for needs assessment, client eligibility determination, or any other activity as specified by regulations of the State Department of Social Services, except as specifically authorized in Section 16100.
(d)Nothing in this chapter shall be construed to affect duties which are delegated to probation officers pursuant to Sections 601 and 654.
(e)Any county may utilize volunteer individuals to supplement professional child welfare services by providing ancillary support services in accordance with regulations adopted by the State Department of Social Services.
(f)As used in this chapter, emergency response services consist of a response system providing in-person response, 24 hours a day, seven days a week, to reports of abuse, neglect, or exploitation, as required by Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code for the purpose of investigation pursuant to Section 11166 of the Penal Code and to determine the necessity for providing initial intake services and crisis intervention to maintain the child safely in his or her own home or to protect the safety of the child. County welfare departments shall respond to any report of imminent danger to a child immediately and all other reports within 10 calendar days. An in-person response is not required when the county welfare department, based upon an evaluation of risk, determines that an in-person response is not appropriate. This evaluation includes collateral, contacts, a review of previous referrals, and other relevant information, as indicated.
(g)As used in this chapter, family maintenance services are activities designed to provide in-home protective services to prevent or remedy neglect, abuse, or exploitation, for the purposes of preventing separation of children from their families.
(h)As used in this chapter, family reunification services are activities designed to provide time-limited foster care services to prevent or remedy neglect, abuse, or exploitation, when the child cannot safely remain at home, and needs temporary foster care, while services are provided to reunite the family.
(i)(1)As used in this chapter, permanent placement services are activities designed to provide an alternate permanent family structure for children who because of abuse, neglect, or exploitation cannot safely remain at home and who are unlikely to ever return home. These services shall be provided on behalf of children for whom there has been a judicial determination of a permanent plan for adoption, legal guardianship, placement with a fit and willing relative, or continued foster care placement, and, as needed, shall include supportive transition services to nonminor dependents, as described in subdivision (v) of Section 11400.
(2)For purposes of this section, another planned permanent living arrangement means a permanent plan ordered by the court for a child 16 years of age or older or a nonminor dependent, when there is a compelling reason or reasons to determine that it is not in the best interest of the child or nonminor dependent to return home, be placed for adoption, be placed for tribal customary adoption in the case of an Indian child, or be placed with a fit and willing relative. Placement in a group home, or, on and after January 1, 2017, a short-term residential treatment facility, shall not be the identified permanent plan for any child or nonminor dependent.
(j)As used in this chapter, family preservation services include those services specified in Section 16500.5 to avoid or limit out-of-home placement of children, and may include those services specified in that section to place children in the least restrictive environment possible.
(k)(1)(A)In any county electing to implement this subdivision, all county welfare department employees who have frequent and routine contact with children shall, by February 1, 1997, and all welfare department employees who are expected to have frequent and routine contact with children and who are hired on or after January 1, 1996, and all such employees whose duties change after January 1, 1996, to include frequent and routine contact with children, shall, if the employees provide services to children who are alleged victims of abuse, neglect, or exploitation, sign a declaration under penalty of perjury regarding any prior criminal conviction, and shall provide a set of fingerprints to the county welfare director.
(B)The county welfare director shall secure from the Department of Justice a criminal record to determine whether the employee has ever been convicted of a crime other than a minor traffic violation. The Department of Justice shall deliver the criminal record to the county welfare director.
(C)If it is found that the employee has been convicted of a crime, other than a minor traffic violation, the county welfare director shall determine whether there is substantial and convincing evidence to support a reasonable belief that the employee is of good character so as to justify frequent and routine contact with children.
(D)No exemption shall be granted pursuant to subparagraph (C) if the person has been convicted of a sex offense against a minor, or has been convicted of an offense specified in Section 220, 243.4, 264.1, 273d, 288, or 289 of the Penal Code, or in paragraph (1) of Section 273a of, or subdivision (a) or (b) of Section 368 of, the Penal Code, or has been convicted of an offense specified in subdivision (c) of Section 667.5 of the Penal Code. The county welfare director shall suspend such a person from any duties involving frequent and routine contact with children.
(E)Notwithstanding subparagraph (D), the county welfare director may grant an exemption if the employee or prospective employee, who was convicted of a crime against an individual specified in paragraph (1) or (7) of subdivision (c) of Section 667.5 of the Penal Code, has been rehabilitated as provided in Section 4852.03 of the Penal Code and has maintained the conduct required in Section 4852.05 of the Penal Code for at least 10 years and has the recommendation of the district attorney representing the employees or prospective employees county of residence, or if the employee or prospective employee has received a certificate of rehabilitation pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code. In that case, the county welfare director may give the employee or prospective employee an opportunity to explain the conviction and shall consider that explanation in the evaluation of the criminal conviction record.
(F)If no criminal record information has been recorded, the county welfare director shall cause a statement of that fact to be included in that persons personnel file.
(2)For purposes of this subdivision, a conviction means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Any action that the county welfare director is permitted to take following the establishment of a conviction may be taken when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, notwithstanding a subsequent order pursuant to Sections 1203.4 and 1203.4a of the Penal Code permitting the person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment. For purposes of this subdivision, the record of a conviction, or a copy thereof certified by the clerk of the court or by a judge of the court in which the conviction occurred, shall be conclusive evidence of the conviction.
SEC. 109.Section 16501.1 of the Welfare and Institutions Code is amended to read:16501.1.(a)(1)The Legislature finds and declares that the foundation and central unifying tool in child welfare services is the case plan.
(2)The Legislature further finds and declares that a case plan ensures that the child receives protection and safe and proper care and case management, and that services are provided to the child and parents or other caretakers, as appropriate, in order to improve conditions in the parents home, to facilitate the safe return of the child to a safe home or the permanent placement of the child, and to address the needs of the child while in foster care.
(3)The agency shall consider the recommendations of the child and family team, as defined in paragraph (4) of subdivision (a) of Section 16501, if any are available. The agency shall document the rationale for any inconsistencies between the case plan and the child and family team recommendations.
(b)(1)A case plan shall be based upon the principles of this section and the input from the child and family team.
(2)The case plan shall document that a preplacement assessment of the service needs of the child and family, and preplacement preventive services, have been provided, and that reasonable efforts to prevent out-of-home placement have been made. Preplacement services may include intensive mental health services in the home or a community setting and the reasonable efforts made to prevent out-of home placement.
(3)In determining the reasonable services to be offered or provided, the childs health and safety shall be the paramount concerns.
(4)Upon a determination pursuant to paragraph (1) of subdivision (e) of Section 361.5 that reasonable services will be offered to a parent who is incarcerated in a county jail or state prison, detained by the United States Department of Homeland Security, or deported to his or her country of origin, the case plan shall include information, to the extent possible, about a parents incarceration in a county jail or the state prison, detention by the United States Department of Homeland Security, or deportation during the time that a minor child of that parent is involved in dependency care.
(5)Reasonable services shall be offered or provided to make it possible for a child to return to a safe home environment, unless, pursuant to subdivisions (b) and (e) of Section 361.5, the court determines that reunification services shall not be provided.
(6)If reasonable services are not ordered, or are terminated, reasonable efforts shall be made to place the child in a timely manner in accordance with the permanent plan and to complete all steps necessary to finalize the permanent placement of the child.
(c)If out-of-home placement is used to attain case plan goals, the case plan shall consider the recommendations of the child and family team.
(d)(1)The case plan shall include a description of the type of home or institution in which the child is to be placed, and the reasons for that placement decision. The decision regarding choice of placement shall be based upon selection of a safe setting that is the least restrictive family setting that promotes normal childhood experiences and the most appropriate setting that meets the childs individual needs and is available, in proximity to the parents home, in proximity to the childs school, and consistent with the selection of the environment best suited to meet the childs special needs and best interests. The selection shall consider, in order of priority, placement with relatives, nonrelated extended family members, and tribal members; foster family homes, resource families, and nontreatment certified homes of foster family agencies; followed by treatment and intensive treatment certified homes of foster family agencies; or multidimensional treatment foster care homes or therapeutic foster care homes; group care placements in the order of short-term residential treatment centers, group homes, community treatment facilities, and out-of-state residential treatment pursuant to Part 5 (commencing with Section 7900) of Division 12 of the Family Code.
(2)If a short-term intensive treatment center placement is selected for a child, the case plan shall indicate the needs of the child that necessitate this placement, the plan for transitioning the child to a less restrictive environment, and the projected timeline by which the child will be transitioned to a less restrictive environment. This section of the case plan shall be reviewed and updated at least semiannually.
(A)The case plan for placements in a group home, or commencing January 1, 2017, in a short-term residential treatment center, shall indicate that the county has taken into consideration Section 16010.8.
(B)After January 1, 2017, a child and family team meeting as defined in Section 16501 shall be convened by the county placing agency for the purpose of identifying the supports and services needed to achieve permanency and enable the child or youth to be placed in the least restrictive family setting that promotes normal childhood experiences.
(3)On or after January 1, 2012, for a nonminor dependent, as defined in subdivision (v) of Section 11400, who is receiving AFDC-FC benefits up to 21 years of age pursuant to Section 11403, in addition to the above requirements, the selection of the placement, including a supervised independent living placement, as described in subdivision (w) of Section 11400, shall also be based upon the developmental needs of young adults by providing opportunities to have incremental responsibilities that prepare a nonminor dependent to transition to independent living. If admission to, or continuation in, a group home or short-term residential treatment center placement is being considered for a nonminor dependent, the group home or short-term residential treatment center placement approval decision shall include a youth-driven, team-based case planning process, as defined by the department, in consultation with stakeholders. The case plan shall consider the full range of placement options, and shall specify why admission to, or continuation in, a group home placement is the best alternative available at the time to meet the special needs or well-being of the nonminor dependent, and how the placement will contribute to the nonminor dependents transition to independent living. The case plan shall specify the treatment strategies that will be used to prepare the nonminor dependent for discharge to a less restrictive family setting that promotes normal childhood experiences, including a target date for discharge from the group home placement. The placement shall be reviewed and updated on a regular, periodic basis to ensure that continuation in the group home placement remains in the best interests of the nonminor dependent and that progress is being made in achieving case plan goals leading to independent living. The group home placement planning process shall begin as soon as it becomes clear to the county welfare department or probation office that a foster child in group home placement is likely to remain in group home placement on his or her 18th birthday, in order to expedite the transition to a less restrictive family setting that promotes normal childhood experiences, if he or she becomes a nonminor dependent. The case planning process shall include informing the youth of all of his or her options, including, but not limited to, admission to or continuation in a group home placement. Consideration for continuation of existing group home placement for a nonminor dependent under 19 years of age may include the need to stay in the same placement in order to complete high school. After a nonminor dependent either completes high school or attains his or her 19th birthday, whichever is earlier, continuation in or admission to a group home placement is prohibited unless the nonminor dependent satisfies the conditions of paragraph (5) of subdivision (b) of Section 11403, and group home placement functions as a short-term transition to the appropriate system of care. Treatment services provided by the group home placement to the nonminor dependent to alleviate or ameliorate the medical condition, as described in paragraph (5) of subdivision (b) of Section 11403, shall not constitute the sole basis to disqualify a nonminor dependent from the group home placement.
(4)In addition to the requirements of paragraphs (1) to (3), inclusive, and taking into account other statutory considerations regarding placement, the selection of the most appropriate home that will meet the childs special needs and best interests shall also promote educational stability by taking into consideration proximity to the childs school of origin, and school attendance area, the number of school transfers the child has previously experienced, and the childs school matriculation schedule, in addition to other indicators of educational stability that the Legislature hereby encourages the State Department of Social Services and the State Department of Education to develop.
(e)A written case plan shall be completed within a maximum of 60 days of the initial removal of the child or of the in-person response required under subdivision (f) of Section 16501 if the child has not been removed from his or her home, or by the date of the dispositional hearing pursuant to Section 358, whichever occurs first. The case plan shall be updated, as the service needs of the child and family dictate. At a minimum, the case plan shall be updated in conjunction with each status review hearing conducted pursuant to Sections 364, 366, 366.3, and 366.31, and the hearing conducted pursuant to Section 366.26, but no less frequently than once every six months. Each updated case plan shall include a description of the services that have been provided to the child under the plan and an evaluation of the appropriateness and effectiveness of those services.
(1)It is the intent of the Legislature that extending the maximum time available for preparing a written case plan from 30 to 60 days will afford caseworkers time to actively engage families, and to solicit and integrate into the case plan the input of the child and the childs family, as well as the input of relatives and other interested parties.
(2)The extension of the maximum time available for preparing a written case plan from the 30 to 60 days shall be effective 90 days after the date that the department gives counties written notice that necessary changes have been made to the Child Welfare Services Case Management System to account for the 60-day timeframe for preparing a written case plan.
(f)The child welfare services case plan shall be comprehensive enough to meet the juvenile court dependency proceedings requirements pursuant to Article 6 (commencing with Section 300) of Chapter 2 of Part 1 of Division 2.
(g)The case plan shall be developed considering the recommendations of the child and family team, as follows:
(1)The case plan shall be based upon an assessment of the circumstances that required child welfare services intervention. The child shall be involved in developing the case plan as age and developmentally appropriate.
(2)The case plan shall identify specific goals and the appropriateness of the planned services in meeting those goals.
(3)The case plan shall identify the original allegations of abuse or neglect, as defined in Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the conditions cited as the basis for declaring the child a dependent of the court pursuant to Section 300, or all of these, and the other precipitating incidents that led to child welfare services intervention.
(4)The case plan shall include a description of the schedule of the placement agency contacts with the child and the family or other caretakers. The frequency of these contacts shall be in accordance with regulations adopted by the State Department of Social Services. If the child has been placed in foster care out of state, the county social worker or probation officer, or a social worker or probation officer on the staff of the agency in the state in which the child has been placed, shall visit the child in a foster family home or the home of a relative, consistent with federal law and in accordance with the departments approved state plan. For children in out-of-state group home facilities, visits shall be conducted at least monthly, pursuant to Section 16516.5. At least once every six months, at the time of a regularly scheduled placement agency contact with the foster child, the childs social worker or probation officer shall inform the child of his or her rights as a foster child, as specified in Section 16001.9. The social worker or probation officer shall provide the information to the child in a manner appropriate to the age or developmental level of the child.
(5)(A)When out-of-home services are used, the frequency of contact between the natural parents or legal guardians and the child shall be specified in the case plan. The frequency of those contacts shall reflect overall case goals, and consider other principles outlined in this section.
(B)Information regarding any court-ordered visitation between the child and the natural parents or legal guardians, and the terms and conditions needed to facilitate the visits while protecting the safety of the child, shall be provided to the childs out-of-home caregiver as soon as possible after the court order is made.
(6)When out-of-home placement is made, the case plan shall include provisions for the development and maintenance of sibling relationships as specified in subdivisions (b), (c), and (d) of Section 16002. If appropriate, when siblings who are dependents of the juvenile court are not placed together, the social worker for each child, if different, shall communicate with each of the other social workers and ensure that the childs siblings are informed of significant life events that occur within their extended family. Unless it has been determined that it is inappropriate in a particular case to keep siblings informed of significant life events that occur within the extended family, the social worker shall determine the appropriate means and setting for disclosure of this information to the child commensurate with the childs age and emotional well-being. These significant life events shall include, but shall not be limited to, the following:
(A)The death of an immediate relative.
(B)The birth of a sibling.
(C)Significant changes regarding a dependent child, unless the child objects to the sharing of the information with his or her siblings, including changes in placement, major medical or mental health diagnoses, treatments, or hospitalizations, arrests, and changes in the permanent plan.
(7)If out-of-home placement is made in a foster family home, group home, or other child care institution that is either a substantial distance from the home of the childs parent or out of state, the case plan shall specify the reasons why that placement is in the best interest of the child. When an out-of-state group home placement is recommended or made, the case plan shall, in addition, specify compliance with Section 7911.1 of the Family Code.
(8)A case plan shall ensure the educational stability of the child while in foster care and shall include both of the following:
(A)An assurance that the placement takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement.
(B)An assurance that the placement agency has coordinated with the person holding the right to make educational decisions for the child and appropriate local educational agencies to ensure that the child remains in the school in which the child is enrolled at the time of placement or, if remaining in that school is not in the best interests of the child, assurances by the placement agency and the local educational agency to provide immediate and appropriate enrollment in a new school and to provide all of the childs educational records to the new school.
(9)(A)If out-of-home services are used, or if parental rights have been terminated and the case plan is placement for adoption, the case plan shall include a recommendation regarding the appropriateness of unsupervised visitation between the child and any of the childs siblings. This recommendation shall include a statement regarding the childs and the siblings willingness to participate in unsupervised visitation. If the case plan includes a recommendation for unsupervised sibling visitation, the plan shall also note that information necessary to accomplish this visitation has been provided to the child or to the childs siblings.
(B)Information regarding the schedule and frequency of the visits between the child and siblings, as well as any court-ordered terms and conditions needed to facilitate the visits while protecting the safety of the child, shall be provided to the childs out-of-home caregiver as soon as possible after the court order is made.
(10)If out-of-home services are used and the goal is reunification, the case plan shall describe the services to be provided to assist in reunification and the services to be provided concurrently to achieve legal permanency if efforts to reunify fail. The plan shall also consider in-state and out-of-state placements, the importance of developing and maintaining sibling relationships pursuant to Section 16002, and the desire and willingness of the caregiver to provide legal permanency for the child if reunification is unsuccessful.
(11)If out-of-home services are used, the child has been in care for at least 12 months, and the goal is not adoptive placement, the case plan shall include documentation of the compelling reason or reasons why termination of parental rights is not in the childs best interest. A determination completed or updated within the past 12 months by the department when it is acting as an adoption agency or by a licensed adoption agency that it is unlikely that the child will be adopted, or that one of the conditions described in paragraph (1) of subdivision (c) of Section 366.26 applies, shall be deemed a compelling reason.
(12)(A)Parents and legal guardians shall have an opportunity to review the case plan, and to sign it whenever possible, and then shall receive a copy of the plan. In a voluntary service or placement agreement, the parents or legal guardians shall be required to review and sign the case plan. Whenever possible, parents and legal guardians shall participate in the development of the case plan. Commencing January 1, 2012, for nonminor dependents, as defined in subdivision (v) of Section 11400, who are receiving AFDC-FC or CalWORKs assistance up to 21 years of age pursuant to Section 11403, the transitional independent living case plan, as set forth in subdivision (y) of Section 11400, shall be developed with, and signed by, the nonminor.
(B)Parents and legal guardians shall be advised that, pursuant to Section 1228.1 of the Evidence Code, neither their signature on the child welfare services case plan nor their acceptance of any services prescribed in the child welfare services case plan shall constitute an admission of guilt or be used as evidence against the parent or legal guardian in a court of law. However, they shall also be advised that the parents or guardians failure to cooperate, except for good cause, in the provision of services specified in the child welfare services case plan may be used in any hearing held pursuant to Section 366.21, 366.22, or 366.25 as evidence.
(13)A child shall be given a meaningful opportunity to participate in the development of the case plan and state his or her preference for foster care placement. A child who is 12 years of age or older and in a permanent placement shall also be given the opportunity to review the case plan, sign the case plan, and receive a copy of the case plan.
(14)The case plan shall be included in the court report and shall be considered by the court at the initial hearing and each review hearing. Modifications to the case plan made during the period between review hearings need not be approved by the court if the casework supervisor for that case determines that the modifications further the goals of the plan. If out-of-home services are used with the goal of family reunification, the case plan shall consider and describe the application of subdivision (b) of Section 11203.
(15)If the case plan has as its goal for the child a permanent plan of adoption or placement in another permanent home, it shall include a statement of the childs wishes regarding their permanent placement plan and an assessment of those stated wishes. The agency shall also include documentation of the steps the agency is taking to find an adoptive family or other permanent living arrangements for the child; to place the child with an adoptive family, an appropriate and willing relative, a legal guardian, or in another planned permanent living arrangement; and to finalize the adoption or legal guardianship. At a minimum, the documentation shall include child-specific recruitment efforts, such as the use of state, regional, and national adoption exchanges, including electronic exchange systems, when the child has been freed for adoption. If the plan is for kinship guardianship, the case plan shall document how the child meets the kinship guardianship eligibility requirements.
(16)(A)When appropriate, for a child who is 16 years of age or older and, commencing January 1, 2012, for a nonminor dependent, the case plan shall include the transitional independent living plan (TILP), a written description of the programs and services that will help the child, consistent with the childs best interests, to prepare for the transition from foster care to independent living, and, in addition, whether the youth has an in-progress application pending for Title XVI Supplemental Security Income benefits or for Special Immigrant Juvenile Status or other applicable application for legal residency and an active dependency case is required for that application. When appropriate, for a nonminor dependent, the transitional independent living case plan, as described in subdivision (v) of Section 11400, shall include the TILP, a written description of the programs and services that will help the nonminor dependent, consistent with his or her best interests, to prepare for transition from foster care and assist the youth in meeting the eligibility criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) Section 11403. If applicable, the case plan shall describe the individualized supervision provided in the supervised independent living placement as defined in subdivision (w) of Section 11400. The case plan shall be developed with the child or nonminor dependent and individuals identified as important to the child or nonminor dependent, and shall include steps the agency is taking to ensure that the child or nonminor dependent achieves permanence, including maintaining or obtaining permanent connections to caring and committed adults.
(B)During the 90-day period prior to the participant attaining 18 years of age or older as the state may elect under Section 475(8)(B)(iii) of the federal Social Security Act (42 U.S.C. Sec. 675(8)(B)(iii)), whether during that period foster care maintenance payments are being made on the childs behalf or the child is receiving benefits or services under Section 477 of the federal Social Security Act (42 U.S.C. Sec. 677), a caseworker or other appropriate agency staff or probation officer and other representatives of the participant, as appropriate, shall provide the youth or nonminor dependent with assistance and support in developing the written 90-day transition plan, that is personalized at the direction of the child, information as detailed as the participant elects that shall include, but not be limited to, options regarding housing, health insurance, education, local opportunities for mentors and continuing support services, and workforce supports and employment services, a power of attorney for health care, and information regarding the advance health care directive form.
(C)For youth 16 years of age or older, the case plan shall include documentation that a consumer credit report was requested annually from each of the three major credit reporting agencies at no charge to the youth and that any results were provided to the youth. For nonminor dependents, the case plan shall include documentation that the county assisted the nonminor dependent in obtaining his or her reports. The case plan shall include documentation of barriers, if any, to obtaining the credit reports. If the consumer credit report reveals any accounts, the case plan shall detail how the county ensured the youth received assistance with interpreting the credit report and resolving any inaccuracies, including any referrals made for the assistance.
(h)If the court finds, after considering the case plan, that unsupervised sibling visitation is appropriate and has been consented to, the court shall order that the child or the childs siblings, the childs current caregiver, and the childs prospective adoptive parents, if applicable, be provided with information necessary to accomplish this visitation. This section does not require or prohibit the social workers facilitation, transportation, or supervision of visits between the child and his or her siblings.
(i)The case plan documentation on sibling placements required under this section shall not require modification of existing case plan forms until the Child Welfare Services Case Management System is implemented on a statewide basis.
(j)When a child is 10 years of age or older and has been in out-of-home placement for six months or longer, the case plan shall include an identification of individuals, other than the childs siblings, who are important to the child and actions necessary to maintain the childs relationship with those individuals, provided that those relationships are in the best interest of the child. The social worker or probation officer shall ask every child who is 10 years of age or older and who has been in out-of-home placement for six months or longer to identify individuals other than the childs siblings who are important to the child, and may ask any other child to provide that information, or may seek that information from the child and family team, as appropriate. The social worker or probation officer shall make efforts to identify other individuals who are important to the child, consistent with the childs best interests.
(k)The childs caregiver shall be provided a copy of a plan outlining the childs needs and services. The nonminor dependents caregiver shall be provided with a copy of the nonminors TILP.
(l)On or before June 30, 2008, the department, in consultation with the County Welfare Directors Association of California and other advocates, shall develop a comprehensive plan to ensure that 90 percent of foster children are visited by their caseworkers on a monthly basis by October 1, 2011, and that the majority of the visits occur in the residence of the child. The plan shall include any data reporting requirements necessary to comply with the provisions of the federal Child and Family Services Improvement Act of 2006 (Public Law 109-288).
(m)The implementation and operation of the amendments to subdivision (i) enacted at the 200506 Regular Session shall be subject to appropriation through the budget process and by phase, as provided in Section 366.35.
SEC. 109.5.Section 16501.1 of the Welfare and Institutions Code is amended to read:16501.1.(a)(1)The Legislature finds and declares that the foundation and central unifying tool in child welfare services is the case plan.
(2)The Legislature further finds and declares that a case plan ensures that the child receives protection and safe and proper care and case management, and that services are provided to the child and parents or other caretakers, as appropriate, in order to improve conditions in the parents home, to facilitate the safe return of the child to a safe home or the permanent placement of the child, and to address the needs of the child while in foster care.
(3)The agency shall consider the recommendations of the child and family team, as defined in paragraph (4) of subdivision (a) of Section 16501, if any are available. The agency shall document the rationale for any inconsistencies between the case plan and the child and family team recommendations.
(b)(1)A case plan shall be based upon the principles of this section and the input from the child and family team.
(2)The case plan shall document that a preplacement assessment of the service needs of the child and family, and preplacement preventive services, have been provided, and that reasonable efforts to prevent out-of-home placement have been made. Preplacement services may include intensive mental health services in the home or a community setting and the reasonable efforts made to prevent out-of-home placement.
(3)In determining the reasonable services to be offered or provided, the childs health and safety shall be the paramount concerns.
(4)Upon a determination pursuant to paragraph (1) of subdivision (e) of Section 361.5 that reasonable services will be offered to a parent who is incarcerated in a county jail or state prison, detained by the United States Department of Homeland Security, or deported to his or her country of origin, the case plan shall include information, to the extent possible, about a parents incarceration in a county jail or the state prison, detention by the United States Department of Homeland Security, or deportation during the time that a minor child of that parent is involved in dependency care.
(5)Reasonable services shall be offered or provided to make it possible for a child to return to a safe home environment, unless, pursuant to subdivisions (b) and (e) of Section 361.5, the court determines that reunification services shall not be provided.
(6)If reasonable services are not ordered, or are terminated, reasonable efforts shall be made to place the child in a timely manner in accordance with the permanent plan and to complete all steps necessary to finalize the permanent placement of the child.
(c)If out-of-home placement is used to attain case plan goals, the case plan shall consider the recommendations of the child and family team.
(d)(1)The case plan shall include a description of the type of home or institution in which the child is to be placed, and the reasons for that placement decision. The decision regarding choice of placement shall be based upon selection of a safe setting that is the least restrictive family setting that promotes normal childhood experiences and the most appropriate setting that meets the childs individual needs and is available, in proximity to the parents home, in proximity to the childs school, and consistent with the selection of the environment best suited to meet the childs special needs and best interests. The selection shall consider, in order of priority, placement with relatives, nonrelated extended family members, and tribal members; foster family homes, resource families, and nontreatment certified homes of foster family agencies; followed by treatment and intensive treatment certified homes of foster family agencies; or multidimensional treatment foster care homes or therapeutic foster care homes; group care placements in the order of short-term residential treatment centers, group homes, community treatment facilities, and out-of-state residential treatment pursuant to Part 5 (commencing with Section 7900) of Division 12 of the Family Code.
(2)If a short-term intensive treatment center placement is selected for a child, the case plan shall indicate the needs of the child that necessitate this placement, the plan for transitioning the child to a less restrictive environment, and the projected timeline by which the child will be transitioned to a less restrictive environment. This section of the case plan shall be reviewed and updated at least semiannually.
(A)The case plan for placements in a group home, or commencing January 1, 2017, in a short-term residential treatment center, shall indicate that the county has taken into consideration Section 16010.8.
(B)After January 1, 2017, a child and family team meeting as defined in Section 16501 shall be convened by the county placing agency for the purpose of identifying the supports and services needed to achieve permanency and enable the child or youth to be placed in the least restrictive family setting that promotes normal childhood experiences.
(3)On or after January 1, 2012, for a nonminor dependent, as defined in subdivision (v) of Section 11400, who is receiving AFDC-FC benefits up to 21 years of age pursuant to Section 11403, in addition to the above requirements, the selection of the placement, including a supervised independent living placement, as described in subdivision (w) of Section 11400, shall also be based upon the developmental needs of young adults by providing opportunities to have incremental responsibilities that prepare a nonminor dependent to transition to successful adulthood. If admission to, or continuation in, a group home or short-term residential treatment center placement is being considered for a nonminor dependent, the group home or short-term residential treatment center placement approval decision shall include a youth-driven, team-based case planning process, as defined by the department, in consultation with stakeholders. The case plan shall consider the full range of placement options, and shall specify why admission to, or continuation in, a group home placement is the best alternative available at the time to meet the special needs or well-being of the nonminor dependent, and how the placement will contribute to the nonminor dependents transition to successful adulthood. The case plan shall specify the treatment strategies that will be used to prepare the nonminor dependent for discharge to a less restrictive family setting that promotes normal childhood experiences, including a target date for discharge from the group home placement. The placement shall be reviewed and updated on a regular, periodic basis to ensure that continuation in the group home placement remains in the best interests of the nonminor dependent and that progress is being made in achieving case plan goals leading to successful adulthood. The group home placement planning process shall begin as soon as it becomes clear to the county welfare department or probation office that a foster child in group home placement is likely to remain in group home placement on his or her 18th birthday, in order to expedite the transition to a less restrictive family setting that promotes normal childhood experiences, if he or she becomes a nonminor dependent. The case planning process shall include informing the youth of all of his or her options, including, but not limited to, admission to or continuation in a group home placement. Consideration for continuation of existing group home placement for a nonminor dependent under 19 years of age may include the need to stay in the same placement in order to complete high school. After a nonminor dependent either completes high school or attains his or her 19th birthday, whichever is earlier, continuation in or admission to a group home placement is prohibited unless the nonminor dependent satisfies the conditions of paragraph (5) of subdivision (b) of Section 11403, and group home placement functions as a short-term transition to the appropriate system of care. Treatment services provided by the group home placement to the nonminor dependent to alleviate or ameliorate the medical condition, as described in paragraph (5) of subdivision (b) of Section 11403, shall not constitute the sole basis to disqualify a nonminor dependent from the group home placement.
(4)In addition to the requirements of paragraphs (1) to (3), inclusive, and taking into account other statutory considerations regarding placement, the selection of the most appropriate home that will meet the childs special needs and best interests shall also promote educational stability by taking into consideration proximity to the childs school of origin, and school attendance area, the number of school transfers the child has previously experienced, and the childs school matriculation schedule, in addition to other indicators of educational stability that the Legislature hereby encourages the State Department of Social Services and the State Department of Education to develop.
(e)A written case plan shall be completed within a maximum of 60 days of the initial removal of the child or of the in-person response required under subdivision (f) of Section 16501 if the child has not been removed from his or her home, or by the date of the dispositional hearing pursuant to Section 358, whichever occurs first. The case plan shall be updated, as the service needs of the child and family dictate. At a minimum, the case plan shall be updated in conjunction with each status review hearing conducted pursuant to Sections 364, 366, 366.3, and 366.31, and the hearing conducted pursuant to Section 366.26, but no less frequently than once every six months. Each updated case plan shall include a description of the services that have been provided to the child under the plan and an evaluation of the appropriateness and effectiveness of those services.
(1)It is the intent of the Legislature that extending the maximum time available for preparing a written case plan from 30 to 60 days will afford caseworkers time to actively engage families, and to solicit and integrate into the case plan the input of the child and the childs family, as well as the input of relatives and other interested parties.
(2)The extension of the maximum time available for preparing a written case plan from the 30 to 60 days shall be effective 90 days after the date that the department gives counties written notice that necessary changes have been made to the Child Welfare Services/Case Management System (CWS/CMS) to account for the 60-day timeframe for preparing a written case plan.
(f)The child welfare services case plan shall be comprehensive enough to meet the juvenile court dependency proceedings requirements pursuant to Article 6 (commencing with Section 300) of Chapter 2 of Part 1 of Division 2.
(g)The case plan shall be developed considering the recommendations of the child and family team, as follows:
(1)The case plan shall be based upon an assessment of the circumstances that required child welfare services intervention. The child shall be involved in developing the case plan as age and developmentally appropriate.
(2)The case plan shall identify specific goals and the appropriateness of the planned services in meeting those goals.
(3)The case plan shall identify the original allegations of abuse or neglect, as defined in Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the conditions cited as the basis for declaring the child a dependent of the court pursuant to Section 300, or all of these, and the other precipitating incidents that led to child welfare services intervention.
(4)The case plan shall include a description of the schedule of the placement agency contacts with the child and the family or other caretakers. The frequency of these contacts shall be in accordance with regulations adopted by the State Department of Social Services. If the child has been placed in foster care out of state, the county social worker or probation officer, or a social worker or probation officer on the staff of the agency in the state in which the child has been placed, shall visit the child in a foster family home or the home of a relative, consistent with federal law and in accordance with the departments approved state plan. For children in out-of-state group home facilities, visits shall be conducted at least monthly, pursuant to Section 16516.5. At least once every six months, at the time of a regularly scheduled placement agency contact with the foster child, the childs social worker or probation officer shall inform the child of his or her rights as a foster child, as specified in Section 16001.9. The social worker or probation officer shall provide the information to the child in a manner appropriate to the age or developmental level of the child.
(5)(A)When out-of-home services are used, the frequency of contact between the natural parents or legal guardians and the child shall be specified in the case plan. The frequency of those contacts shall reflect overall case goals, and consider other principles outlined in this section.
(B)Information regarding any court-ordered visitation between the child and the natural parents or legal guardians, and the terms and conditions needed to facilitate the visits while protecting the safety of the child, shall be provided to the childs out-of-home caregiver as soon as possible after the court order is made.
(6)When out-of-home placement is made, the case plan shall include provisions for the development and maintenance of sibling relationships as specified in subdivisions (b), (c), and (d) of Section 16002. If appropriate, when siblings who are dependents of the juvenile court are not placed together, the social worker for each child, if different, shall communicate with each of the other social workers and ensure that the childs siblings are informed of significant life events that occur within their extended family. Unless it has been determined that it is inappropriate in a particular case to keep siblings informed of significant life events that occur within the extended family, the social worker shall determine the appropriate means and setting for disclosure of this information to the child commensurate with the childs age and emotional well-being. These significant life events shall include, but shall not be limited to, the following:
(A)The death of an immediate relative.
(B)The birth of a sibling.
(C)Significant changes regarding a dependent child, unless the child objects to the sharing of the information with his or her siblings, including changes in placement, major medical or mental health diagnoses, treatments, or hospitalizations, arrests, and changes in the permanent plan.
(7)If out-of-home placement is made in a foster family home, group home, or other child care institution that is either a substantial distance from the home of the childs parent or out of state, the case plan shall specify the reasons why that placement is in the best interest of the child. When an out-of-state group home placement is recommended or made, the case plan shall, in addition, specify compliance with Section 7911.1 of the Family Code.
(8)A case plan shall ensure the educational stability of the child while in foster care and shall include both of the following:
(A)An assurance that the placement takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement.
(B)An assurance that the placement agency has coordinated with the person holding the right to make educational decisions for the child and appropriate local educational agencies to ensure that the child remains in the school in which the child is enrolled at the time of placement or, if remaining in that school is not in the best interests of the child, assurances by the placement agency and the local educational agency to provide immediate and appropriate enrollment in a new school and to provide all of the childs educational records to the new school.
(9)(A)If out-of-home services are used, or if parental rights have been terminated and the case plan is placement for adoption, the case plan shall include a recommendation regarding the appropriateness of unsupervised visitation between the child and any of the childs siblings. This recommendation shall include a statement regarding the childs and the siblings willingness to participate in unsupervised visitation. If the case plan includes a recommendation for unsupervised sibling visitation, the plan shall also note that information necessary to accomplish this visitation has been provided to the child or to the childs siblings.
(B)Information regarding the schedule and frequency of the visits between the child and siblings, as well as any court-ordered terms and conditions needed to facilitate the visits while protecting the safety of the child, shall be provided to the childs out-of-home caregiver as soon as possible after the court order is made.
(10)If out-of-home services are used and the goal is reunification, the case plan shall describe the services to be provided to assist in reunification and the services to be provided concurrently to achieve legal permanency if efforts to reunify fail. The plan shall also consider in-state and out-of-state placements, the importance of developing and maintaining sibling relationships pursuant to Section 16002, and the desire and willingness of the caregiver to provide legal permanency for the child if reunification is unsuccessful.
(11)If out-of-home services are used, the child has been in care for at least 12 months, and the goal is not adoptive placement, the case plan shall include documentation of the compelling reason or reasons why termination of parental rights is not in the childs best interest. A determination completed or updated within the past 12 months by the department when it is acting as an adoption agency or by a licensed adoption agency that it is unlikely that the child will be adopted, or that one of the conditions described in paragraph (1) of subdivision (c) of Section 366.26 applies, shall be deemed a compelling reason.
(12)(A)Parents and legal guardians shall have an opportunity to review the case plan, and to sign it whenever possible, and then shall receive a copy of the plan. In a voluntary service or placement agreement, the parents or legal guardians shall be required to review and sign the case plan. Whenever possible, parents and legal guardians shall participate in the development of the case plan. Commencing January 1, 2012, for nonminor dependents, as defined in subdivision (v) of Section 11400, who are receiving AFDC-FC or CalWORKs assistance up to 21 years of age pursuant to Section 11403, the transitional independent living case plan, as set forth in subdivision (y) of Section 11400, shall be developed with, and signed by, the nonminor.
(B)Parents and legal guardians shall be advised that, pursuant to Section 1228.1 of the Evidence Code, neither their signature on the child welfare services case plan nor their acceptance of any services prescribed in the child welfare services case plan shall constitute an admission of guilt or be used as evidence against the parent or legal guardian in a court of law. However, they shall also be advised that the parents or guardians failure to cooperate, except for good cause, in the provision of services specified in the child welfare services case plan may be used in any hearing held pursuant to Section 366.21, 366.22, or 366.25 of this code as evidence.
(13)A child shall be given a meaningful opportunity to participate in the development of the case plan and state his or her preference for foster care placement. A child who is 12 years of age or older and in a permanent placement shall also be given the opportunity to review the case plan, sign the case plan, and receive a copy of the case plan.
(14)The case plan shall be included in the court report and shall be considered by the court at the initial hearing and each review hearing. Modifications to the case plan made during the period between review hearings need not be approved by the court if the casework supervisor for that case determines that the modifications further the goals of the plan. If out-of-home services are used with the goal of family reunification, the case plan shall consider and describe the application of subdivision (b) of Section 11203.
(15)(A)If the case plan has as its goal for the child a permanent plan of adoption or legal guardianship, it shall include a statement of the childs wishes regarding their permanent placement plan and an assessment of those stated wishes. The agency shall also include documentation of the steps the agency is taking to find an adoptive family or other permanent living arrangements for the child; to place the child with an adoptive family, an appropriate and willing relative, or a legal guardian, and to finalize the adoption or legal guardianship. At a minimum, the documentation shall include child-specific recruitment efforts, such as the use of state, regional, and national adoption exchanges, including electronic exchange systems, when the child has been freed for adoption. Regardless of whether the child has been freed for adoption, documentation shall include a description of any barriers to achieving legal permanence and the steps the agency will take to address those barriers. If the plan is for kinship guardianship, the case plan shall document how the child meets the kinship guardianship eligibility requirements.
(B)When the child is 16 years of age or older and is in another planned permanent living arrangement, the case plan shall identify the intensive and ongoing efforts to return the child to the home of the parent, place the child for adoption, place the child for tribal customary adoption in the case of an Indian child, establish a legal guardianship, or place the child nonminor dependent with a fit and willing relative, as appropriate. Efforts shall include the use of technology, including social media, to find biological family members of the child.
(16)(A)(i)For a child who is 14 or 15 years of age, the case plan shall include a written description of the programs and services that will help the child, consistent with the childs best interests, to prepare for the transition from foster care to successful adulthood. The description may be included in the document described in subparagraph (A) of paragraph (18).
(ii)When appropriate, for a child who is 16 years of age or older and, commencing January 1, 2012, for a nonminor dependent, the case plan shall include the transitional independent living plan (TILP), a written description of the programs and services that will help the child, consistent with the childs best interests, to prepare for the transition from foster care to successful adulthood, and, in addition, whether the youth has an in-progress application pending for Title XVI Supplemental Security Income benefits or for Special Immigrant Juvenile Status or other applicable application for legal residency and an active dependency case is required for that application. When appropriate, for a nonminor dependent, the transitional independent living case plan, as described in subdivision (v) of Section 11400, shall include the TILP, a written description of the programs and services that will help the nonminor dependent, consistent with his or her best interests, to prepare for transition from foster care and assist the youth in meeting the eligibility criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403. If applicable, the case plan shall describe the individualized supervision provided in the supervised independent living placement as defined in subdivision (w) of Section 11400. The case plan shall be developed with the child or nonminor dependent and individuals identified as important to the child or nonminor dependent, and shall include steps the agency is taking to ensure that the child or nonminor dependent achieves permanence, including maintaining or obtaining permanent connections to caring and committed adults.
(B)During the 90-day period prior to the participant attaining 18 years of age or older as the state may elect under Section 475(8)(B)(iii) of the federal Social Security Act (42 U.S.C. Sec. 675(8)(B)(iii)), whether during that period foster care maintenance payments are being made on the childs behalf or the child is receiving benefits or services under Section 477 of the federal Social Security Act (42 U.S.C. Sec. 677), a caseworker or other appropriate agency staff or probation officer and other representatives of the participant, as appropriate, shall provide the youth or nonminor dependent with assistance and support in developing the written 90-day transition plan, that is personalized at the direction of the child, information as detailed as the participant elects that shall include, but not be limited to, options regarding housing, health insurance, education, local opportunities for mentors and continuing support services, and workforce supports and employment services, a power of attorney for health care, and information regarding the advance health care directive form.
(C)For youth 14 years of age or older, the case plan shall include documentation that a consumer credit report was requested annually from each of the three major credit reporting agencies at no charge to the youth and that any results were provided to the youth. For nonminor dependents, the case plan shall include documentation that the county assisted the nonminor dependent in obtaining his or her reports. The case plan shall include documentation of barriers, if any, to obtaining the credit reports. If the consumer credit report reveals any accounts, the case plan shall detail how the county ensured the youth received assistance with interpreting the credit report and resolving any inaccuracies, including any referrals made for the assistance.
(17)For youth 14 years of age or older and nonminor dependents, the case plan shall be developed in consultation with the youth. At the youths option, the consultation may include up to two members of the case planning team who are chosen by the youth and who are not foster parents of, or caseworkers for, the youth. The agency, at any time, may reject an individual selected by the youth to be a member of the case planning team if the agency has good cause to believe that the individual would not act in the youths best interest. One individual selected by the youth to be a member of the case planning team may be designated to be the youths adviser and advocate with respect to the application of the reasonable and prudent parent standard to the youth, as necessary.
(18)For youth in foster care 14 years of age and older and nonminor dependents, the case plan shall include both of the following:
(A)A document that describes the youths rights with respect to education, health, visitation, and court participation, the right to be annually provided with copies of his or her credit reports at no cost while in foster care pursuant to Section 10618.6, and the right to stay safe and avoid exploitation.
(B)A signed acknowledgment by the youth that he or she has been provided a copy of the document and that the rights described in the document have been explained to the youth in an age-appropriate manner.
(19)The case plan for a child or nonminor dependent who is, or who is at risk of becoming, the victim of commercial sexual exploitation, shall document the services provided to address that issue.
(h)If the court finds, after considering the case plan, that unsupervised sibling visitation is appropriate and has been consented to, the court shall order that the child or the childs siblings, the childs current caregiver, and the childs prospective adoptive parents, if applicable, be provided with information necessary to accomplish this visitation. This section does not require or prohibit the social workers facilitation, transportation, or supervision of visits between the child and his or her siblings.
(i)The case plan documentation on sibling placements required under this section shall not require modification of existing case plan forms until the Child Welfare Service/Case Management System (CWS/CMS) is implemented on a statewide basis.
(j)When a child is 10 years of age or older and has been in out-of-home placement for six months or longer, the case plan shall include an identification of individuals, other than the childs siblings, who are important to the child and actions necessary to maintain the childs relationship with those individuals, provided that those relationships are in the best interest of the child. The social worker or probation officer shall ask every child who is 10 years of age or older and who has been in out-of-home placement for six months or longer to identify individuals other than the childs siblings who are important to the child, and may ask any other child to provide that information, or may seek that information from the child and family team, as appropriate. The social worker or probation officer shall make efforts to identify other individuals who are important to the child, consistent with the childs best interests.
(k)The childs caregiver shall be provided a copy of a plan outlining the childs needs and services. The nonminor dependents caregiver shall be provided with a copy of the nonminors TILP.
(l)Each county shall ensure that the total number of visits made by caseworkers on a monthly basis to children in foster care during a federal fiscal year is not less than 95 percent of the total number of those visits that would occur if each child were visited once every month while in care and that the majority of the visits occur in the residence of the child. The county child welfare and probation departments shall comply with data reporting requirements that the department deems necessary to comply with the federal Child and Family Services Improvement Act of 2006 (Public Law 109-288) and the federal Child and Family Services Improvement and Innovation Act of 2011 (Public Law 112-34).
(l)The implementation and operation of the amendments to subdivision (i) enacted at the 200506 Regular Session shall be subject to appropriation through the budget process and by phase, as provided in Section 366.35.
SEC. 110.Section 16514 of the Welfare and Institutions Code is amended to read:16514.(a)A minor or nonminor who has been voluntarily placed, adjudged a dependent child of the juvenile court pursuant to Section 300, or as to whom a petition has been filed under Section 325, may be housed in an emergency shelter or, pursuant to the procedures for placement set forth in this code, placed in a foster family home, a resource family home, or with a foster family agency for subsequent placement in a suitable licensed foster family home or certified family home, with minors adjudged wards of the juvenile court pursuant to Section 601.
(b)A minor who has been voluntarily placed, adjudged a dependent child of the juvenile court pursuant to Section 300, or adjudged a ward of the juvenile court pursuant to Section 601, shall not be housed in an emergency shelter with any minor adjudged a ward of the juvenile court pursuant to Section 602.
(c)A minor or nonminor who has been voluntarily placed, adjudged a dependent child of the juvenile court pursuant to Section 300, or as to whom a petition has been filed under Section 325, or a nonminor dependent, as described in subdivision (v) of Section 11400, shall not be placed or detained in a short-term residential treatment center, group home or licensed foster family home, a resource family home, a certified family home, or an approved resource family or foster family agency, or, beginning January 1, 2017, a short-term residential treatment center, with any minor adjudged a ward of the juvenile court pursuant to Section 601 or 602, unless the social worker or probation officer with placement authority has determined that the placement setting has a program that meets the specific needs of the minor or nonminor dependent being placed or detained, and there is a commonality of needs with the other minors and nonminor dependents in the placement setting.
(d)Nothing in this section shall transfer or eliminate the responsibility of the placing agency for the care, custody, or control of the child. Nothing in this section shall relieve a foster family agency of its responsibilities for or on behalf of a child placed with it.
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. 111.Section 16519.5 of the Welfare and Institutions Code is amended to read:16519.5.(a)The State Department of Social Services, in consultation with county child welfare agencies, foster parent associations, and other interested community parties, shall implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, approving relatives and nonrelative extended family members as foster care providers, and approving adoptive families.
(b)(1)Counties shall be selected to participate on a voluntary basis as early implementation counties for the purpose of participating in the initial development of the approval process. Early implementation counties shall be selected according to criteria developed by the department in consultation with the County Welfare Directors Association. In selecting the five early implementation counties, the department shall promote diversity among the participating counties in terms of size and geographic location.
(2)Additional counties may participate in the early implementation of the program upon authorization by the department.
(c)(1)For the purposes of this chapter, resource family means an individual or couple that a participating county or foster family agency, as defined in subdivision (g) of Section 11400 of this code, and paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code, determines to have 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 childrens 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 childs 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)Subsequent to meeting the criteria set forth in this subdivision and designation as a resource family, a resource family shall be considered eligible to provide foster care for related and unrelated children in out-of-home placement, shall be considered approved for adoption or guardianship, and shall not have to undergo any additional approval or licensure as long as the family lives in a county participating in the program.
(3)Resource family approval means that the applicant successfully meets the home environment assessment and permanency assessment standards. This approval is in lieu of the existing foster care license, relative or nonrelative extended family member approval, and the adoption home study approval.
(4)Approval of a resource family does not guarantee an initial or continued placement of a child with a resource family.
(5)Notwithstanding paragraphs (1) to (4), inclusive, the department or county may cease any further review of an application if the applicant has had a previous application denial within the preceding year, or if the applicant has had a previous rescission, revocation, or exemption denial or rescission by the department or county within the preceding two years. However, the department or county may continue to review an application if it has determined that the reasons for the previous denial, rescission, or revocation were due to circumstances and conditions that either have been corrected or are no longer in existence. If an individual was excluded from a resource family home or facility licensed by the department, the department or county shall cease review of the individuals application unless the excluded individual has been reinstated pursuant to Section 11522 of the Government Code. The cessation of review shall not constitute a denial of the application for purposes of this section or any other law.
(d)Prior to implementation of this program, the department shall adopt standards pertaining to the home environment and permanency assessments of a resource family.
(1)Resource family home environment assessment standards shall include, but not be limited to, all of the following:
(A)(i)Criminal records clearance of all adults residing in, or regularly present in, the home, and not exempted from fingerprinting, as set forth in subdivision (b) of Section 1522 of the Health and Safety Code, pursuant to Section 8712 of the Family Code, utilizing a check of the Child Abuse Central Index (CACI), and receipt of a fingerprint-based state and federal criminal offender record information search response. The criminal history information shall include subsequent notifications pursuant to Section 11105.2 of the Penal Code.
(ii)Consideration of any substantiated allegations of child abuse or neglect against either the applicant or any other adult residing in the home. An approval may not be granted to applicants whose criminal record indicates a conviction for any of the offenses specified in subdivision (g) of Section 1522 of the Health and Safety Code.
(iii)If the resource family parent, applicant, or any other person specified in subdivision (b) of Section 1522 of the Health and Safety Code has been convicted of a crime other than a minor traffic violation, except for the civil penalty language, the criminal background check provisions specified in subdivisions (d) through (f) of Section 1522 of the Health and Safety Code shall apply. Exemptions from the criminal records clearance requirements set forth in this section may be granted by the director or the early implementation county, if that county has been granted permission by the director to issue criminal records exemptions pursuant to Section 361.4, using the exemption criteria currently used for foster care licensing as specified in subdivision (g) of Section 1522 of the Health and Safety Code.
(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 set forth in Sections 89387 and 89387.2 of Title 22 of the California Code of Regulations.
(C)In addition to the foregoing requirements, the resource family home 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 childs 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.
(2)The resource family permanency assessment standards shall include, but not be limited to, all of the following:
(A)The applicant shall complete caregiver training.
(B)(i)The applicant shall complete a psychosocial assessment, which shall include the results of a risk assessment.
(ii)A caregiver risk assessment shall include, but shall not be limited to, physical and mental health, alcohol and other substance use and abuse, family and domestic violence, and the factors listed in subparagraphs (A) and (D) of paragraph (1) of subdivision (c).
(C)The applicant shall complete any other activities that relate to a resource familys ability to achieve permanency with the child.
(e)(1)A child may be placed with a resource family that has successfully completed the home environment assessment prior to completion of a permanency assessment only if a compelling reason for the placement exists based on the needs of the child.
(2)The permanency assessment shall be completed within 90 days of the childs placement in the home, unless good cause exists based upon the needs of the child.
(3)If additional time is needed to complete the permanency assessment, the county shall document the extenuating circumstances for the delay and generate a timeframe for the completion of the permanency assessment.
(4)The county shall report to the department on a quarterly basis the number of families with a child in an approved home whose permanency assessment goes beyond 90 days and summarize the reasons for these delays.
(5)A child may be placed with a relative, as defined in Section 319, or nonrelative extended family member, as defined in Section 362.7, prior to applying as a resource family only on an emergency basis if all of the following requirements are met:
(A)Consideration of the results of a criminal records check conducted pursuant to Section 16504.5 of the relative or nonrelative extended family member and of every other adult in the home.
(B)Consideration of the results of the Child Abuse Central Index (CACI) consistent with Section 1522.1 of the Health and Safety Code of the relative or nonrelative extended family member, and of every other adult in the home.
(C)The home and grounds are free of conditions that pose undue risk to the health and safety of the child.
(D)For any placement made pursuant to this paragraph, the county shall initiate the home environment assessment no later than five business days after the placement, which shall include a face-to-face interview with the resource family applicant and child.
(E)For any placement made pursuant to this paragraph, AFDC-FC funding shall not be available until approval of the resource family has been completed.
(F)Any child placed under this section shall be afforded all the rights set forth in Section 16001.9.
(f)The State Department of Social Services shall be responsible for all of the following:
(1)Selecting early implementation counties, based on criteria established by the department in consultation with the County Welfare Directors Association.
(2)Establishing timeframes for participating counties to submit an implementation plan, enter into terms and conditions for participation in the program, train appropriate staff, and accept applications from resource families.
(3)Entering into terms and conditions for participation in the program by counties.
(4)Administering the program through the issuance of written directives that shall have the same force and effect as regulations. Any directive affecting Article 1 (commencing with Section 700) of Chapter 7 of Title 11 of the California Code of Regulations shall be approved by the Department of Justice. The directives shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340)) of Part 1 of Division 3 of Title 2 of the Government Code.
(5)Approving and requiring the use of a single standard for resource family approval.
(6)Adopting and requiring the use of standardized documentation for the home environment and permanency assessments of resource families.
(7)Requiring counties to monitor resource families including, but not limited to, all of the following:
(A)Investigating complaints of resource families.
(B)Developing and monitoring resource family corrective action plans to correct identified deficiencies and to rescind resource family approval if compliance with corrective action plans is not achieved.
(8)Ongoing oversight and monitoring of county systems and operations including all of the following:
(A)Reviewing the countys implementation of the program.
(B)Reviewing an adequate number of approved resource families in each participating county to ensure that approval standards are being properly applied. The review shall include case file documentation, and may include onsite inspection of individual resource families. The review shall occur on an annual basis, and more frequently if the department becomes aware that a participating county is experiencing a disproportionate number of complaints against individual resource family homes.
(C)Reviewing county reports of serious complaints and incidents involving approved resource families, as determined necessary by the department. The department may conduct an independent review of the complaint or incident and change the findings depending on the results of its investigation.
(D)Investigating unresolved complaints against participating counties.
(E)Requiring corrective action of counties that are not in full compliance with the terms and conditions of the program.
(9)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.
(10)Implementing due process procedures, including all of the following:
(A)Providing a statewide fair hearing process for denials, rescissions, or exclusion actions.
(B)Amending the departments applicable state hearing procedures and regulations or using the Administrative Procedure Act, when applicable, as necessary for the administration of the program.
(g)Counties participating in the program shall be responsible for all of the following:
(1)Submitting an implementation plan, entering into terms and conditions for participation in the program, consulting with the county probation department in the development of the implementation plan, training appropriate staff, and accepting applications from resource families within the timeframes established by the department.
(2)Complying with the written directives pursuant to paragraph (4) of subdivision (f).
(3)Implementing the requirements for resource family approval and utilizing standardized documentation established by the department.
(4)Ensuring staff have the education and experience necessary to complete the home environment and psychosocial assessments competently.
(5)(A)Taking the following actions, as applicable:
(i)Approving or denying resource family applications.
(ii)Rescinding approvals of resource families.
(iii)Excluding a resource family parent or other individual from presence in a 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 or nonminor dependent from physical or mental abuse, abandonment, or any other substantial threat to health or safety, consistent with the established standard.
(B)Providing a resource family parent, applicant, or excluded individual requesting review of that decision with due process pursuant to the departments statutes, regulations, and written directives.
(C)Notifying the department of any decisions denying a resource familys application or rescinding the approval of a resource family, excluding an individual, or taking other administrative action.
(D)Issuing a temporary suspension order that suspends the resource family approval prior to a hearing, when urgent action is needed to protect a child or nonminor dependent who is or may be placed in the home from physical or mental abuse, abandonment, or any other substantial threat to health or safety.
(6)Updating resource family approval annually.
(7)Monitoring resource families through all of the following:
(A)Ensuring that social workers who identify a condition in the home that may not meet the approval standards set forth in subdivision (d) while in the course of a routine visit to children placed with a resource family take appropriate action as needed.
(B)Requiring resource families to comply with corrective action plans as necessary to correct identified deficiencies. If corrective action is not completed as specified in the plan, the county may rescind the resource family approval.
(C)Requiring resource families to report to the county child welfare agency any incidents consistent with the reporting requirements for licensed foster family homes.
(8)Investigating all complaints against a resource family and taking action as necessary. This shall include investigating any incidents reported about a resource family indicating that the approval standard is not being maintained.
(A)The childs 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.
(B)Upon conclusion of the complaint investigation, the final disposition shall be reviewed and approved by a supervising staff member.
(C)The department shall be notified of any serious incidents or serious complaints or any incident that falls within the definition of Section 11165.5 of the Penal Code. If those incidents or complaints result in an investigation, the department shall also be notified as to the status and disposition of that investigation.
(9)Performing corrective action as required by the department.
(10)Assessing county performance in related areas of the California Child and Family Services Review System, and remedying problems identified.
(11)Submitting information and data that the department determines is necessary to study, monitor, and prepare the report specified in paragraph (9) of subdivision (f).
(12)Ensuring resource family applicants and resource families have the necessary knowledge, skills, and abilities to support children in foster care by completing caregiver training. The training should include a curriculum that supports the role of a resource family in parenting vulnerable children and should be ongoing in order to provide resource families with information on trauma-informed practices and requirements and other topics within the foster care system.
(13)Ensuring that a resource family applicant completes a minimum of 12 hours of preapproval training. The training shall include, but not be limited to, all of the following courses:
(A)An overview of the child protective and probation systems.
(B)The effects of trauma, including grief and loss, and child abuse and neglect, on child development and behavior, and methods to behaviorally support children impacted by that trauma or child abuse and neglect.
(C)Positive discipline and the importance of self-esteem.
(D)Health issues in foster care.
(E)Accessing services and supports to address education needs, physical, mental, and behavioral health, and substance use disorders, including culturally relevant services.
(F)The rights of a child in foster care, and the resource familys 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 childs 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 familys responsibility to act as a reasonable and prudent parent, and to provide a family setting that promotes normal childhood experiences and that serves the needs of the child.
(N)An overview of the specialized training identified in subdivision (h).
(14)Ensuring approved resource families complete a minimum of eight training hours annually, a portion of which shall be from one or more of the topics listed in paragraph (13).
(h)In addition to any training required by this section, a resource family may be required to receive specialized training, as relevant, 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)Approved relatives and nonrelative extended family members, licensed foster family homes, or approved adoptive homes that have completed the license or approval process prior to full implementation of the program shall not be considered part of the program. The otherwise applicable assessment and oversight processes shall continue to be administered for families and facilities not included in the program.
(2) Upon implementation of the program in a county, that county may not accept new applications for the licensure of foster family homes, the approval of relative and nonrelative extended family members, or the approval of prospective adoptive homes.
(k)The department may waive regulations that pose a barrier to implementation and operation of this program. The waiver of any regulations by the department pursuant to this section shall apply to only those counties or foster family agencies participating in the program and only for the duration of the program.
(l)Resource families approved under initial implementation of the program, who move within an early implementation county or who move to another early implementation county, shall retain their resource family status if the new building and grounds, outdoor activity areas, and storage areas meet home environment standards. The State Department of Social Services or early implementation county may allow a program-affiliated individual to transfer his or her subsequent arrest notification if the individual moves from one early implementation county to another early implementation county, as specified in subdivision (g) of Section 1522 of the Health and Safety Code.
(m)(1)The approval of a resource family who moves to a nonparticipating county remains in full force and effect pending a determination by the county approval agency or the department, as appropriate, whether the new building and grounds and storage areas meet applicable standards, and whether all adults residing in the home have a criminal records clearance or exemptions granted, using the exemption criteria used for foster care licensing, as specified in subdivision (g) of Section 1522 of the Health and Safety Code. Upon this determination, the nonparticipating county shall either approve the family as a relative or nonrelative extended family member, as applicable, or the department shall license the family as a foster family home.
(2)Subject to the requirements in paragraph (1), the family shall continue to be approved for guardianship and adoption. Nothing in this subdivision shall limit a county or adoption agency from determining that the family is not approved for guardianship or adoption based on changes in the familys circumstances or psychosocial assessment.
(3)A program-affiliated individual who moves to a nonparticipating county may not transfer his or her subsequent arrest notification from a participating county to the nonparticipating county.
(n)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.
(o)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 (s) and (t), 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.
(p)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.
(q)Except as provided, approved resource families under this program shall be exempt from all of the following:
(1)Licensure requirements set forth under the Community Care Facilities Act, commencing with Section 1500 of the Health and Safety Code, and all regulations promulgated thereto.
(2)Relative and nonrelative extended family member approval requirements set forth under Sections 309, 361.4, and 362.7, and all regulations promulgated thereto.
(3)Adoptions approval and reporting requirements set forth under Section 8712 of the Family Code, and all regulations promulgated thereto.
(r)(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.
(2)No later than July 1, 2017, each county shall provide the following information to all licensed foster family homes and all approved relatives and nonrelative extended family members:
(A)A detailed description of the resource family approval program.
(B)Notification that, in order to care for a foster child, resource family approval is required by December 31, 2019.
(C)Notification that a foster family home license and an approval of a relative or nonrelative extended family member shall be forfeited by operation of law as provided for in paragraph (4).
(3)By no later than January 1, 2018, the following shall apply to all licensed foster family homes and approved relative and nonrelative extended family members:
(A)A licensed foster family home, and an approved relative or nonrelative extended family member with an approved adoptive home study completed prior to January 1, 2018, shall be deemed to be an approved resource family.
(B)A licensed foster family home, and an approved relative or nonrelative extended family member who had a child in placement at any time, 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 (2) of subdivision (d).
(C)A county may provide supportive services to all licensed foster family home providers, relatives, and nonrelative extended family members with a child in placement to assist with the resource family transition and to minimize placement disruptions.
(4)All foster family licenses and approvals of a relative or nonrelative extended family member shall be forfeited by operation of law on December 31, 2019, except as provided in this paragraph:
(A)All licensed foster family homes that did not have a child in placement at any time, for any length of time, between January 1, 2017, and December 31, 2017, inclusive, shall forfeit the license by operation of law on January 1, 2018.
(B)For foster family home licensees and approved relatives or nonrelative extended family members who have a pending resource family application on December 31, 2019, the foster family home license or relative and nonrelative extended family member approval shall be forfeited by operation of law on the date of approval as a resource family. If approval is denied, forfeiture by operation of law shall occur on the date of completion of any proceedings required by law to ensure due process.
(s)On and after January 1, 2017, all licensed foster family agencies shall approve resource families in lieu of certifying foster homes. A foster family agency or a short-term residential treatment center pursuant to subdivision (b) of Section 11462 shall require applicants and resource families to meet the resource family approval standards and requirements set forth in this chapter and in the written directives adopted pursuant to this chapter prior to approval and in order to maintain approval.
(t)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.
SEC. 112.Section 16519.52 is added to the Welfare and Institutions Code, to read:16519.52.(a)A resource family may install and use delayed egress devices of the time delay type in the home of the resource family.
(b)As used in this section, delayed egress device means a device that precludes the use of exits for a predetermined period of time. These devices shall not delay any residents departure from the home for longer than 30 seconds.
(c)Within the 30 seconds of delay, a resource family may attempt to redirect a resident who attempts to leave the home.
(d)Any person accepted by a resource family using delayed egress devices in the home shall meet all of the following conditions:
(1)The person shall have a developmental disability, as defined in Section 4512.
(2)The person shall be receiving services and case management from a regional center under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)).
(3)An interdisciplinary team, through the Individual Program Plan (IPP) process pursuant to Section 4646.5, shall have determined that the person lacks hazard awareness or impulse control and requires the level of supervision afforded by a resource family in a home equipped with delayed egress devices, and that, but for this placement, the person would be at risk of admission to, or would have no option but to remain in, a more restrictive state hospital or state developmental center placement.
(e)The home shall be subject to all fire and building codes, regulations, and standards applicable to residential care facilities for the elderly utilizing delayed egress devices, and shall receive approval by the county or city fire department, the local fire prevention district, or the State Fire Marshal for the installed delayed egress devices.
(f)The resource family shall provide training regarding the use and operation of the egress control devices used by any person caring for a resident, protection of residents personal rights, lack of hazard awareness and impulse control behavior, and emergency evacuation procedures.
(g)The resource family shall develop a plan of operation that is authorized by the approving county and includes a description of how the home is to be equipped with egress control devices that are consistent with regulations adopted by the State Fire Marshal pursuant to Section 13143 of the Health and Safety Code.
(h)The plan shall include, but shall not be limited to, all of the following:
(1)A description of how the resource family will provide training for persons caring for a resident regarding the use and operation of the egress control devices used in the home.
(2)A description of how the resource family will ensure the protection of the residents personal rights consistent with Sections 4502, 4503, and 4504.
(3)A description of how the resource family will manage the persons lack of hazard awareness and impulse control behavior.
(4)A description of the resource familys emergency evacuation procedures.
(i)Delayed egress devices shall not substitute for adequate supervision. The capacity of the home shall not exceed six residents.
(j)Emergency fire and earthquake drills shall be conducted at least once every three months, and shall include all persons providing resident care and supervision.
SEC. 113.Section 16519.53 is added to the Welfare and Institutions Code, to read:16519.53.(a)A resource family shall be authorized to administer emergency medical assistance and injections for severe diabetic hypoglycemia and anaphylactic shock to a foster child in placement in accordance with subdivision (a) of Section 1507.25 of the Health and Safety Code.
(b)A resource family shall be authorized to administer subcutaneous injections of other medications, including insulin, as prescribed by a childs physician, to a foster child in placement in accordance with subdivision (b) of Section 1507.25 of the Health and Safety Code.
SEC. 114.Section 16519.54 is added to the Welfare and Institutions Code, to read:16519.54.Notwithstanding any other law, a resource family shall not be subject to civil penalties imposed pursuant to the Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code).
SEC. 115.Section 16519.55 is added to the Welfare and Institutions Code, to read:16519.55.(a)Subject to subdivision (b), to encourage the recruitment of resource families, to protect their personal privacy, and to preserve the security of confidentiality of the placements with resource families, the names, addresses, and other identifying information of resource families shall be considered personal information for purposes of the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). This information shall not be disclosed by any state or local agency pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), except as necessary for administering the resource family approval program, facilitating the placement of children with resource families, and providing names and addresses, 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 department, a county, or a foster family agency may request information from, or divulge information to, the department, a county, or a foster family agency, regarding a prospective resource family for the purpose of and as necessary to conduct a reference check to determine whether it is safe and appropriate to approve an applicant to be a resource family.
SEC. 116.Section 16519.6 is added to the Welfare and Institutions Code, to read:16519.6.(a)All hearings conducted pursuant to Section 16519.5 shall be conducted in accordance with the requirements of this section.
(b)The procedures set forth in Chapter 7 (commencing with Section 10950) of Part 2 apply to matters set before the department, except as otherwise provided in this section.
(c)The procedures set forth in Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, and the procedures set forth in the Administrative Procedure Act, apply to matters set before the Office of Administrative Hearings, except as otherwise provided in this section.
(d)Notwithstanding Section 10951, a resource family, applicant, or excluded individual may file an appeal within 25 days of service of a notice of action. Pursuant to Section 1013 of the Code of Civil Procedure, if the notice of action is served by mail, the time to respond shall be extended five days, not to exceed 30 days to file the appeal.
(e)Notwithstanding Section 10951, a countys action shall be final, or for matters set before the department, an action shall be subject to dismissal, if the resource family, applicant, or excluded individual does not file an appeal to the notice of action within the prescribed time.
(f)Except as provided in subdivisions (g) and (h), and notwithstanding Section 10952, a hearing under this section shall be held within 90 days following the receipt of a timely appeal or notice of defense, unless a continuance of the hearing is granted for good cause.
(g)If the county or department has issued an immediate exclusion order, the timelines and provisions set forth in Section 1558 of the Health and Safety Code shall apply, unless a continuance of the hearing is granted for good cause.
(h)If the county or department has issued a temporary suspension order, the hearing shall be held within 30 days following the receipt of a timely appeal or notice of defense. The temporary suspension order shall remain in effect until the time the hearing is completed and the director has made a final determination on the merits. However, the temporary suspension order shall be deemed vacated if the director fails to make a final determination on the merits within 30 days after receipt of the proposed decision by the county or department.
(i)Upon a finding of noncompliance, the department may require a foster family agency to deny or rescind the approval of a home, or take other action deemed necessary for the protection of a child who is or who may be placed in the home. The resource family, applicant, or excluded individual shall be afforded the due process provided pursuant to this section.
(1)If the department requires a foster family agency to deny or rescind the approval, the department shall serve an order of denial or rescission notifying the resource family, applicant, and foster family agency of the basis of the departments action and of the right to a hearing.
(2)The departments order of the denial or rescission of the approval shall remain in effect until the hearing is completed and the director has made a final determination on the merits.
(3)A foster family agencys failure to comply with the departments order to deny or rescind the approval by placing or retaining a child in care shall be grounds for disciplining the foster family agency pursuant to Section 1550 of the Health and Safety Code.
(j)A resource family, applicant, or excluded individual who files an appeal to a notice of action pursuant to this section shall, as part of the appeal, provide his or her current mailing address. The resource family, applicant, or excluded individual shall subsequently notify the county, or department if applicable, in writing of any change in mailing address, until the hearing process has been completed or terminated.
(k)Service by mail of a notice or other writing on a resource family, applicant, or excluded individual in a procedure provided herein is effective if served to the last mailing address on file with the county or department. Service of a notice of action may be by personal service or by first class mail. If the last day for performance of any action required herein falls on a holiday, then such period shall be extended to the next day which is not a holiday.
(l)In all proceedings conducted in accordance with this section, the burden of proof on the department or county shall be by a preponderance of the evidence.
(m)The county or department may institute or continue an administrative proceeding against a resource family, applicant, or excluded individual upon any ground provided by this section, enter an order denying or rescinding the approval, exclude an associated individual, issue a temporary suspension order, or otherwise take disciplinary action against a resource family, applicant, or excluded individual, notwithstanding any resignation, withdrawal, surrender of approval, or denial or rescission of the approval by a foster family agency.
SEC. 117.Section 18251 of the Welfare and Institutions Code is amended to read:18251.As used in this chapter:
(a)County means each county participating in an individualized or wraparound services program.
(b)County placing agency means a county welfare or probation department, or a county mental health department.
(c)Eligible child means a child or nonminor dependent, as described in subdivision (v) of Section 11400, who is any of the following:
(1)A child or nonminor dependent who has been adjudicated as either a dependent, transition dependent, or ward of the juvenile court pursuant to Section 300, 450, 601, or 602 and who would be placed in a group home licensed by the department at a rate classification level of 10 or higher, or commencing January 1, 2017, would be placed in a short-term residential treatment center.
(2)A child or nonminor dependent who is currently, or who would be, placed in a group home licensed by the department at a rate classification level of 10 or higher, or commencing January 1, 2017, would be placed in a short-term residential treatment center.
(3)A child who is eligible for adoption assistance program benefits when the responsible public agency has approved the provision of wraparound services in lieu of out-of-home placement care at a rate classification level of 10 or higher, or commencing January 1, 2017, would be placed in a short-term residential treatment center.
(d)Wraparound services means community-based intervention services that emphasize the strengths of the child and family and includes the delivery of coordinated, highly individualized unconditional services to address needs and achieve positive outcomes in their lives.
(e)Service allocation slot means a specified amount of funds available to the county to pay for an individualized intensive wraparound services package for an eligible child. A service allocation slot may be used for more than one child on a successive basis.
SEC. 118.Section 18254 of the Welfare and Institutions Code is amended to read:18254.(a)Rates for wraparound services, under the wraparound services program, shall be based on the following factors:
(1)The average cost of rate classification 10 to 11 in each county, minus the cost of any concurrent out-of-home placement, for children who are or would be placed in a rate level 10 or 11 group home.
(2)The average cost of rate classification 12 to 14 in each county, minus the cost of any concurrent out-of-home placement, for children who are or would be placed in a rate level 12 to 14 group home.
(b)(1)Prior to the 201112 fiscal year, the department shall reimburse each county, for the purpose of providing intensive wraparound services, up to 100 percent of the state share of nonfederal funds, to be matched by each countys share of cost as established by law, and to the extent permitted by federal law, up to 100 percent of the federal funds allocated for group home placements of eligible children, at the rate authorized pursuant to subdivision (a).
(2)Beginning in the 201112 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
(c)County, and to the extent permitted by federal law, federal, foster care funds shall remain with the administrative authority of the county, which may enter into an interagency agreement to transfer those funds, and shall be used to provide intensive wraparound services.
(d)Costs for the provision of benefits to eligible children, at rates authorized by subdivision (a), through the wraparound services program authorized by this chapter, shall not exceed the costs which would otherwise have been incurred had the eligible children been placed in a group home.
(e)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 119.Section 18254 is added to the Welfare and Institutions Code, to read:18254.(a)(1)Commencing January 1, 2017, the rate for wraparound services, under the wraparound services program, shall be eight thousand five hundred seventy-three dollars ($8,573), based on the average cost of rate classification levels 10.5 and 13 in effect for the 201415 fiscal year.
(2)The rate was determined by using the existing rates determined for the 201415 fiscal year for rate classification levels 10.5 and 13.
(A)Combining and calculating the average of the two.
(B)Minus the cost of any concurrent out-of-home placement for children who are or would be placed in a rate classification level 10 to 11 and 12 to 14 group home, respectively.
(b)For each fiscal year, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
(c)County and federal foster care funds, to the extent permitted by federal law, shall remain with the administrative authority of the county, which may enter into an interagency agreement to transfer those funds, and shall be used to provide intensive wraparound services.
(d)Costs for the provision of benefits to eligible children, at rates authorized by subdivision (a), through the wraparound services program authorized by this chapter, shall not exceed the costs that otherwise would have been incurred had the eligible children been placed in a short-term residential treatment center.
(e)Commencing January 1, 2018, and each January 1 thereafter, an annual cost-of-living increase shall be applied to the wraparound rate, subject to the availability of county funds, equal to the California Necessities Index used in the preparation of the May Revision for the current fiscal year.
(f)This section shall become operative on January 1, 2017.
SEC. 120.Section 18987.72 of the Welfare and Institutions Code is amended to read:18987.72.(a)In order to obtain knowledge and experience with which to inform the process of developing and implementing the plan for residentially based services, required by Section 18987.7, the department shall encourage counties and private nonprofit agencies to develop voluntary agreements to test alternative program design and funding models for transforming existing group home programs into residentially based services programs in order to meet the diverse needs of children or youth and families in the child welfare, juvenile justice, and mental health systems.
(b)(1)With the approval of the department, any counties participating in the federal Title IV-E waiver capped allocation demonstration project pursuant to Section 18260, at their option, and two other counties may enter into and implement voluntary agreements with private nonprofit agencies to transform all or part of an existing group home program into a residentially based services program.
(2)If one or more counties participating in the federal Title IV-E waiver capped allocation demonstration project opts not to enter into a voluntary agreement pursuant to this chapter, the department may select one or more nonwaiver counties. The department may approve up to four counties to participate in the voluntary agreements pursuant to this section.
(3)The department shall select participating counties, based on letters of interest submitted to the department from counties, in consultation with the California Alliance of Child and Family Services and the County Welfare Directors Association.
(c)Voluntary agreements by counties and nonprofit agencies shall satisfy all of the following requirements:
(1)Incorporate and address all of the components and elements for residentially based services described in the Framework for a New System for Residentially-Based Services in California.
(2)Reflect active collaboration among the private nonprofit agency that will operate the residentially based services program and county departments of social services, mental health, or juvenile justice, alcohol and drug programs, county offices of education, or other public entities, as appropriate, to ensure that children, youth, and families receive the services and support necessary to meet their needs.
(3)Provide for an annual evaluation report, to be prepared jointly by the county and the private nonprofit agency. The evaluation report shall include analyses of the outcomes for children and youth, including achievement of permanency, average lengths of stay, and rates of entry and reentry into group care. The evaluation report shall also include analyses of the involvement of children or youth and their families, client satisfaction, the use of the program by the county, the operation of the program by the private nonprofit agency, payments made to the private nonprofit agency by the county, actual costs incurred by the nonprofit agency for the operation of the program, and the impact of the program on state and county AFDC-FC program costs. The county shall send a copy of each annual evaluation report to the director, and the director shall make these reports available to the Legislature upon request.
(4)Permit amendments, modifications, and extensions of the agreement to be made, with the mutual consent of both parties and with approval of the department, based on the evaluations described in paragraph (3), and on the experience and information acquired from the implementation and the ongoing operation of the program.
(5)Be consistent with the countys system improvement plan developed pursuant to the California Child Welfare Outcomes and Accountability System.
(d)(1)Upon a countys request, the director may waive child welfare regulations regarding the role of counties in conjunction with private nonprofit agencies operating residentially based services programs to enhance the development and implementation of case plans and the delivery of services in order to enable a county and a private nonprofit agency to implement an agreement described in subdivision (b). Nothing in this section shall be construed to supersede the requirements set forth in subdivision (c) of Section 16501.
(2)Notwithstanding Sections 11460 and 11462, or any other law or regulation governing payments under the AFDC-FC program, upon the request of one or more counties, and in accordance with the voluntary agreements as described in subdivision (b), the director may also approve the use of up to a total of five alternative funding models for determining the method and level of payments that will be made under the AFDC-FC program to private nonprofit agencies operating residentially based services programs in lieu of using the rate classification levels and schedule of standard rates provided for in Section 11462. These alternative funding models may include, but shall not be limited to, the use of cost reimbursement, case rates, per diem or monthly rates, or a combination thereof. An alternative funding model shall do all of the following:
(A)Support the values and goals for residentially based services, including active child and family involvement, permanence, collaborative decisionmaking, and outcome measurement.
(B)Ensure that quality care and effective services are delivered to appropriate children or youth at a reasonable cost to the public.
(C)Ensure that payment levels are sufficient to permit the private nonprofit agencies operating residentially based services programs to provide care and supervision, social work activities, parallel predischarge community-based interventions for families, and followup postdischarge support and services for children and their families, including the cost of hiring and retaining qualified staff.
(D)Facilitate compliance with state requirements and the attainment of federal and state performance objectives.
(E)Control overall program costs by providing incentives for the private nonprofit agencies to use the most cost-effective approaches for achieving positive outcomes for the children or youth and their families.
(F)Facilitate the ability of the private nonprofit agencies to access other available public sources of funding and services to meet the needs of the children or youth placed in their residentially based services programs, and the needs of their families.
(G)Enable the combination of various funding streams necessary to meet the full range of services needed by foster children or youth in residentially based services programs, with particular reference to funding for mental health treatment services through the Medi-Cal Early and Periodic Screening, Diagnosis, and Treatment program.
(H)Maximize federal financial participation, and mitigate the loss of federal funds, while ensuring the effective delivery of services to children or youth and families, and the achievement of positive outcomes.
(I)Provide for effective administrative oversight and enforcement mechanisms in order to ensure programmatic and fiscal accountability.
(3)A waiver granted by the director pursuant to paragraph (1), or an approval of an alternative funding model pursuant to paragraph (2), shall be applicable only to the development, implementation, and ongoing operation of a residentially based services program and related county activities provided under the terms of the agreement and for the duration of the agreement, and shall be granted only when all of the following apply:
(A)The agreement promises to offer a worthwhile test related to the development, implementation, and ongoing operation of a residentially based services program as described in this chapter.
(B)Existing regulatory provisions or the existing AFDC-FC payment requirements, or both, impose barriers for the effective, efficient, and timely implementation of the agreement.
(C)The requesting county proposes to monitor the agreement for compliance with the terms of the waiver or the alternative funding model, or both.
(D)Notwithstanding any change to payments made to group homes under Section 11462, the department may pay higher AFDC-FC payments for children and youth who are enrolled in a residentially based services program, to be offset by cost efficiencies achieved through shorter lengths of stay in foster care, or a reduction of reentries into foster care, as a result of providing predischarge support and postdischarge services to the children or youth and their families. Any upfront costs for this project shall be offset by other program savings identified by the department, to ensure that there are no net General Fund costs in each fiscal year.
(e)In addition to the requirements set forth in subdivision (c), the voluntary agreements shall do all of the following:
(1)Provide that, to the extent that some of the care, services, and other activities associated with a residentially based services program operated under an agreement described in subdivision (b) are not eligible for federal financial participation as foster care maintenance payments under Part E (commencing with Section 470) of Title IV of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.), but may be eligible for federal financial participation as administration or training, or may be eligible for federal financial participation under other programs, including, but not limited to, Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.), the appropriate state departments shall take measures to obtain that federal funding.
(2)Provide that, prior to approving any waiver or alternative funding model pursuant to subdivision (d), the director shall make a determination that the design of the residentially based services program to be operated under the agreement described in subdivision (b) would ensure the health and safety of children or youth to be served.
(f)Agreements entered into pursuant to this section shall terminate on or before January 1, 2017, or may be extended until January 1, 2019, upon approval by the department, on a case-by-case basis, unless a later enacted statute extends or removes this limitation.
(g)The department shall report during the legislative budget hearings on the status of any county agreements entered into pursuant to subdivision (b), and on the development of statewide residentially based services programs. This report shall be submitted with the recommendations made pursuant to Section 11461.2.
SEC. 121.Notwithstanding the provisions of this act, on and after January 1, 2017, facilities with licensed capacity of 184 that were in operation prior to January 1, 2015, that offer placements for the purpose of attending an onsite high school, may continue to operate under an appropriate licensing category determined by the State Department of Social Services as long as those facilities submit to the department a transition plan describing how the program will comply with the provisions of this act, pursuant to a timeframe to be determined with the department.
SEC. 122.The State Department of Social Services, State Department of Education, and special education local plan area (SELPA) directors shall work together to address the funding formula currently based in part on the State Department of Social Services rate classification level system. The rate classification level for group homes set by the State Department of Social Services shall sunset pursuant to this act. Section 56836.165 of the Education Code takes into account the rate classification level in Section 11462 of the Welfare and Institutions Code in setting its severity rating for purposes of its bed allowances. Prior to the sunset of the rate classification level, the departments and SELPA directors shall work together to develop an alternative basis for its bed allowance formula.
SEC. 123.(a)The State Department of Social Services and the State Department of Health Care Services shall adopt regulations as required to implement the provisions of this act.
(b)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the departments identified in subdivision (a) may implement and administer the changes made by this act through all-county letters or similar written instructions until regulations are adopted.
SEC. 124.The State Department of Social Services shall provide periodic progress updates to the Legislature on the implementation of this act.
SEC. 125.The State Department of Social Services shall work with counties that operate shelters, probation agencies, homeless shelter providers, residential education providers, and others as determined by the department to identify jointly developed alternative timeframes or criteria to be met in order to address the unique circumstances and needs of the populations they serve, while remaining consistent with the principles of this act.
SEC. 126.(a)In order to accomplish the goals set forth in this act, the State Department of Social Services shall work with stakeholders, including other state departments, such as the State Department of Health Care Services, legislative staff, counties, and advocates, to address critical issues in the initial and ongoing implementation of this act. This work with stakeholders shall include the development of timelines and key milestones for implementation of this act, including a process to monitor progress. This work shall also include, but not be limited to, the identification of major implementation tasks and action steps, monitoring achievements, and developing recommendations for addressing issues that arise during implementation. The department, in consultation with the stakeholder groups, shall measure and track changes in the numbers of out-of-home placements that are available to county placing agencies, including the geographic distribution of providers. The State Department of Health Care Services and the State Department of Social Services, as appropriate, shall also measure and track, in consultation with stakeholders, the availability and utilization of services, including, but not limited to, medical and behavioral health and child welfare services for children in out-of-home placements.
(b)The stakeholder process described in subdivision (a) may include the convening of a large workgroup or smaller workgroups that would address specific subject areas that may include, but are not limited to, the following:
(1)Rate development for short-term residential treatment centers, foster family agencies, and other caregivers across the continuum of care.
(2)Assessments.
(3)Retention and recruitment of home-based family caregivers.
(4)Availability of core services, including specialty mental health services, across placement types.
(5)Meeting the needs of special populations within the child welfare system.
(6)The mental health certification process.
(7)Simplification of the licensure and approval process for resource families.
(8)Outcomes, accountability measures, and data collection.
SEC. 127.The Legislature finds and declares that this act, which adds Section 16519.55 to the Welfare and Institutions Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to encourage the recruitment of resource families, to protect their personal privacy, and to preserve the security of confidentiality of the placements with resource families, it is necessary that the names, addresses, and other identifying information of resource families not be disclosed by any state or local agency pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), except as necessary for administering the resource family approval program, facilitating the placement of children with resource families, and providing names and addresses only to bona fide professional foster parent organizations upon request.
SEC. 128.(a)Section 6.5 of this bill incorporates amendments to Section 1502 of the Health and Safety Code proposed by both this bill and Senate Bill 524. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 1502 of the Health and Safety Code, and (3) this bill is enacted after Senate Bill 524, in which case Section 6 of this bill shall not become operative.
(b)Section 18.5 of this bill incorporates amendments to Section 1522.41 of the Health and Safety Code proposed by both this bill and Senate Bill 238. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 1522.41 of the Health and Safety Code, and (3) this bill is enacted after Senate Bill 238, in which case Section 18 of this bill shall not become operative.
(c)Sections 23.5 and 24.5 of this bill incorporate statutory changes to Section 1529.2 of the Health and Safety Code proposed by both this bill and Senate Bill 238. They shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill makes changes to Section 1529.2 of the Health and Safety Code, and (3) this bill is enacted after Senate Bill 238, in which case Sections 23 and 24 of this bill shall not become operative.
(d)Section 31.5 of this bill incorporates amendments to Section 1536 of the Health and Safety Code proposed by both this bill and Senate Bill 484. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 1536 of the Health and Safety Code, and (3) this bill is enacted after Senate Bill 484, in which case Section 31 of this bill shall not become operative.
(e)Section 36.5 of this bill incorporates amendments to Section 1548 of the Health and Safety Code proposed by both this bill and Assembly Bill 1387. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 1548 of the Health and Safety Code, and (3) this bill is enacted after Assembly Bill 1387, in which case Section 36 of this bill shall not become operative.
(f)Section 49.5 of this bill incorporates amendments to Section 706.6 of the Welfare and Institutions Code proposed by both this bill and Senate Bill 794. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 706.6 of the Welfare and Institutions Code, and (3) this bill is enacted after Senate Bill 794, in which case Section 49 of this bill shall not become operative.
(g)(1)Section 106.1 of this bill incorporates amendments to Section 16003 of the Welfare and Institutions Code proposed by both this bill and Senate Bill 238. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 16003 of the Welfare and Institutions Code, and (3) Senate Bill 794 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 238, in which case Sections 106, 106.2, and 106.3 of this bill shall not become operative.
(2)Section 106.2 of this bill incorporates amendments to Section 16003 of the Welfare and Institutions Code proposed by both this bill and Senate Bill 794. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 16003 of the Welfare and Institutions Code, (3) Senate Bill 238 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 794 in which case Sections 106, 106.1 and 106.3 of this bill shall not become operative.
(3)Section 106.3 of this bill incorporates amendments to Section 16003 of the Welfare and Institutions Code proposed by this bill, Senate Bill 238, and Senate Bill 794. It shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 16003 of the Welfare and Institutions Code, and (3) this bill is enacted after Senate Bill 238 and Senate Bill 794, in which case Sections 106, 106.1, and 106.2 of this bill shall not become operative.
(h)Section 108.5 of this bill incorporates amendments to Section 16501 of the Welfare and Institutions Code proposed by both this bill and Senate Bill 794. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 16501 of the Welfare and Institutions Code, and (3) this bill is enacted after Senate Bill 794, in which case Section 108 of this bill shall not become operative.
(i)Section 109.5 of this bill incorporates amendments to Section 16501.1 of the Welfare and Institutions Code proposed by both this bill and Senate Bill 794. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 16501.1 of the Welfare and Institutions Code, and (3) this bill is enacted after Senate Bill 794, in which case Section 109 of this bill shall not become operative.
SEC. 129.(a)To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation, Section 36 of Article XIII of the California Constitution shall govern this acts application to local agencies and the states funding of those programs or levels of service.
(b)However, if the Commission on State Mandates determines that this act contains other costs mandated by the state for programs or levels of service not described in subdivision (a), reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)It is the intent of the Legislature in adopting this act to improve Californias child welfare system and its outcomes by using comprehensive initial child assessments, increasing the use of home-based family care and the provision of services and supports to home-based family care, reducing the use of congregate care placement settings, and creating faster paths to permanency resulting in shorter durations of involvement in the child welfare and juvenile justice systems. These changes, along with other provisions in this act, require initial investments in the child welfare system. It is expected that this act, and the initial short-term funding provided by the state to local agencies to implement this act, will reduce overall costs to local agencies and allow local savings to be reinvested in child welfare services. If overall costs to a local agency are reduced, annual funding by the state to the local agency will only be provided as described in Section 36 of Article XIII of the California Constitution.
(b)Federal law requires that placements of children in foster care be in the least restrictive, most family-like environment. Federal law requires the review of the childs case plan to assess the necessity for and appropriateness of the placement, to assess the progress that has been made toward the case plan goals, and project a likely date by which the child can be safely reunified, or placed for adoption or legal guardianship. Federal law requires the court to periodically, but no less frequently than every six months, review the case plan, the childs status, and the extent of compliance with the case plan.
(c)It is therefore the intent of the Legislature to maintain childrens safety, well-being, and healthy development when they are removed from their own families by placing them, whenever possible and appropriate, with relatives or someone familiar, or, when this is not possible or appropriate, with other caregiving families that are able to meet their physical, social, and emotional needs until they can return home. When reunifying children with their family is not possible, the obligation remains to seek other forms of permanency, such as adoption or guardianship. To achieve this intent, the Legislature recognizes the following:
(1)That the experience and outcomes of foster youth will be improved by assessing the individual needs of each child and youth at the outset of his or her entry into foster care in order to identify and secure the most appropriate services and placement setting to meet those individualized needs.
(A)Services are consistent with the objectives of the Katie A. Settlement Agreement, which include the timely provision of an array of appropriate services that are coordinated, comprehensive, and community-based, and which address the needs of children and youth with more intensive needs requiring medically necessary specialty mental health services in their own home, or an appropriate homelike setting in order to facilitate reunification and to ensure their safety, permanence, and well-being. Children in need of services are identified and assessed promptly. Child welfare and mental health agencies work together in the provision of coordinated services to these children and youth, and the childs or youths familys voice and choice are taken into account as demonstrated through the Core Practice Model.
(B)Efforts to achieve legal permanency and emotional permanency are necessary for every child and youth. These include establishing and maintaining connections to siblings, extended family, culture, and, if applicable, tribes.
(C)If necessary to meet their treatment and safety needs, some youth who enter foster care may benefit from an initial, upfront, short-term residential care placement to provide crisis stabilization and the structure they require, with the goal of returning them back home or to a less restrictive, family-based setting as soon as possible. Children should not have to first exhaust a number and variety of less restrictive placements regardless of their individual need, which would be detrimental to their well-being.
(2)That children and youth in foster care have been affected by trauma, both by the fact that they have been separated from their family, and by the circumstances that led to their removal. Recognizing this trauma and minimizing additional trauma should be structured into how practice is implemented for children and youth in foster care.
(3)That youth in foster care under the supervision of county probation departments may require additional considerations when being placed outside of the parental home. When ordering placement, the court and probation officers must consider the safety and needs of the youth and the public safety of the community. Significant reforms have been adopted in the juvenile justice system by the state and by the counties in recognition of the fact that detaining youth far from home is not ideal, but may be necessary for a small percentage of probation youth who have committed the most serious offenses. At the same time, in order to serve those probation youth whose needs can be appropriately met safely in least restrictive, family-based settings, sufficient capacity in home-based family care must be developed.
(4)That research demonstrates that being cared for in a family improves outcomes for children who have experienced abuse and neglect. Therefore, children who cannot safely be placed in home-based family care can go into residentially based care with individualized, specific care plans and intensive therapeutic interventions, while emphasizing continuity of care, as demonstrated by the residentially based services pilot program, established pursuant to Chapter 12.87 (commencing with Section 18987.7) of Part 6 of Division 9 of the Welfare and Institutions Code. These placements should be short-term in nature and designed to enable children and youth to return to their birth, kin, foster, or adoptive families as quickly and safely as possible, supported by services designed to help the child, youth, and family in this transition. With these services, relatives and foster families can care for children and youth with behavioral and mental health challenges that often are associated with neglect and abuse. Placing agency decisions regarding a specific family need to be based on a determination that the family has the ability and capacity to meet the needs of the specific child or youth.
(5)That working with the child, youth, and family as part of a team results in better outcomes. The child and family team, including extended family and community or tribe, is the primary vehicle for collaboration on the assessment, case planning, and placement decisions that are made by placing agencies. Use of these teams is based upon the wraparound model of care and is intended to support social work, practice, and decisionmaking.
(6)That culturally relevant services and supports need to be made available to children, youth, and their caregivers, regardless of the placement setting, and individually tailored to their needs.
(7)That the practice of public agencies, private agencies, and service providers should be aligned through a common core practice model, with county child welfare and probation agencies retaining their case management responsibilities.
(8)That there is a shift in the terminology used with respect to foster care to describe resource families as home-based family care. These families must parent and nurture vulnerable, traumatized children in emergencies, through transitions and crises, and sometimes make them a permanent part of their own families. These families are inclusive of related or unrelated caregivers who are approved to foster, adopt, or take guardianship of children in foster care, regardless of whether they are approved by a public or private agency.
(9)That the needs of children placed in residential group placements can most effectively be met when there is system accountability. Placement decisions should be informed by the providers performance on common indicators that are publicly available. Providers should continuously work to improve the quality of the care they provide by using available data to manage performance.
(d)The Legislature further declares its intent to continue to adhere to the declarations in Section 175 of the Family Code, Section 1459 of the Probate Code, and Section 224 of the Welfare and Institutions Code pertaining to Indian children, including that the state is committed to protecting the essential tribal relations and best interests of an Indian child by promoting practices, in accordance with the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) and other applicable laws, designed to prevent the childs involuntary out-of-home placement and, whenever that placement is necessary or ordered, by placing the child, whenever possible, in a placement that reflects the unique values of the childs tribal culture and is best able to assist the child in establishing, developing, and maintaining a political, cultural, and social relationship with the childs tribe and tribal community. To that end this legislation is not intended to displace or preclude options available to Indian children, such as placement in tribally approved homes as allowed under the federal Indian Child Welfare Act, or tribal customary adoptions pursuant to Section 366.24 of the Welfare and Institutions Code.
SEC. 2.Section 7911 of the Family Code is amended to read:7911.The Legislature finds and declares all of the following:
(a)The health and safety of California children placed by a county social services agency or probation department out of state pursuant to the provisions of the Interstate Compact on the Placement of Children are a matter of statewide concern.
(b)The Legislature therefore affirms its intention that the State Department of Social Services has full authority to require an assessment and placement recommendation by a county multidisciplinary team prior to placement of a child in an out-of-state group home, to investigate allegations of child abuse or neglect of minors so placed, and to ensure that out-of-state group homes, accepting California children, meet all California group home licensing standards.
(c)The Legislature also affirms its intention that, on and after January 1, 2017, the licensing standards applicable to out-of-state group homes certified by the department shall be those required of short-term residential treatment centers operated in this state.
(d)This section is declaratory of existing law with respect to the Governors designation of the State Department of Social Services to act as the compact administrator and of that department to act as the single state agency charged with supervision of public social services under Section 10600 of the Welfare and Institutions Code.
SEC. 3.Section 7911.1 of the Family Code is amended to read:7911.1.(a)Notwithstanding any other law, the State Department of Social Services or its designee shall investigate any threat to the health and safety of children placed by a California county social services agency or probation department in an out-of-state group home pursuant to the provisions of the Interstate Compact on the Placement of Children. This authority shall include the authority to interview children or staff in private or review their file at the out-of-state facility or wherever the child or files may be at the time of the investigation. Notwithstanding any other law, the State Department of Social Services or its designee shall require certified out-of-state group homes to comply with the reporting requirements applicable to group homes licensed in California pursuant to Title 22 of the California Code of Regulations for each child in care regardless of whether he or she is a California placement, by submitting a copy of the required reports to the Compact Administrator within regulatory timeframes. The Compact Administrator within one business day of receiving a serious events report shall verbally notify the appropriate placement agencies and within five working days of receiving a written report from the out-of-state group home, forward a copy of the written report to the appropriate placement agencies.
(b)Any contract, memorandum of understanding, or agreement entered into pursuant to paragraph (b) of Article 5 of the Interstate Compact on the Placement of Children regarding the placement of a child out of state by a California county social services agency or probation department shall include the language set forth in subdivision (a).
(c)(1)The State Department of Social Services or its designee shall perform initial and continuing inspection of out-of-state group homes in order to either certify that the out-of-state group home meets all licensure standards required of group homes operated in California or that the department has granted a waiver to a specific licensing standard upon a finding that there exists no adverse impact to health and safety.
(2)On and after January 1, 2017, the licensing standards applicable to out-of-state group homes certified by the department, as described in paragraph (1) shall be those required of short-term residential treatment centers operated in this state.
(3)On and after January 1, 2017, an out-of-state group home program shall, in order to receive an AFDC-FC rate, meet the requirements of paragraph (2) of subdivision (c) of Section 11460 of the Welfare and Institutions Code.
(4)Any failure by an out-of-state group home facility to make children or staff available as required by subdivision (a) for a private interview or make files available for review shall be grounds to deny or discontinue the certification. Certifications 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 departments 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 departments certification under this section.
SEC. 4.Section 7912 of the Family Code is amended to read:7912.(a)The Legislature finds and declares that the health and safety of children in out-of-state group home care pursuant to the Interstate Compact on the Placement of Children is a matter of statewide concern. The Legislature therefore affirms its intention that children placed by a county social services agency or probation department in out-of-state group homes be accorded the same personal rights and safeguards of a child placed in a California group home. This section is in clarification of existing law.
(b)(1)The Compact Administrator may temporarily suspend any new placements in an out-of-state group home, for a period not to exceed 100 days, pending the completion of an investigation, pursuant to subdivision (a) of Section 7911.1, regarding a threat to the health and safety of children in care. During any suspension period the department or its designee shall have staff daily onsite at the out-of-state group home.
(2)On and after January 1, 2017, the licensing standards applicable to out-of-state group homes certified by the State Department of Social Services shall be those required of short-term residential treatment centers operated in this state.
SEC. 5.Section 6276.38 of the Government Code is amended to read:6276.38.Radioactive materials, dissemination of information about transportation of, Section 33002, Vehicle Code.
Railroad infrastructure protection program, disclosure not required for risk assessments filed with the Public Utilities Commission, the Director of Emergency Services, or the Office of Emergency Services, Section 6254.23.
Real estate broker, annual report to Bureau of Real Estate of financial information, confidentiality of, Section 10232.2, Business and Professions Code.
Real property, acquisition by state or local government, information relating to feasibility, subdivision (h), Section 6254.
Real property, change in ownership statement, confidentiality of, Section 27280.
Records described in Section 1620 of the Penal Code.
Records of contract purchasers, inspection by public prohibited, Section 85, Military and Veterans Code.
Records of persons committed to a state hospital pursuant to Section 4135 of the Welfare and Institutions Code.
Registered public obligations, inspection of records of security interests in, Section 5060.
Registration of exempt vehicles, nondisclosure of name of person involved in alleged violation, Section 5003, Vehicle Code.
Rehabilitation, Department of, confidential information, Section 19016, Welfare and Institutions Code.
Reinsurance intermediary-broker license information, confidentiality of, Section 1781.3, Insurance Code.
Relocation assistance, confidential records submitted to a public entity by a business or farm operation, Section 7262.
Rent control ordinance, confidentiality of information concerning accommodations sought to be withdrawn from, Section 7060.4.
Report of probation officer, inspection, copies, Section 1203.05, Penal Code.
Repossession agency licensee application, confidentiality of information, Sections 7503, 7504, and 7506.5, Business and Professions Code.
Reproductive health facilities, disclosure not required for personal information regarding employees, volunteers, board members, owners, partners, officers, and contractors of a reproductive health services facility who have provided requisite notification, Section 6254.18.
Residence address in any record of Department of Housing and Community Development, confidentiality of, Section 6254.1.
Residence address in any record of Department of Motor Vehicles, confidentiality of, Section 6254.1, Government Code, and Section 1808.21, Vehicle Code.
Residence and mailing addresses in records of Department of Motor Vehicles, confidentiality of, Section 1810.7, Vehicle Code.
Residential care facilities, confidentiality of resident information, Section 1568.08, Health and Safety Code.
Residential care facilities for the elderly, confidentiality of client information, Section 1569.315, Health and Safety Code.
Resource families, identifying information, Section 16519.55, Welfare and Institutions Code.
Respiratory care practitioner, professional competency examination reports, confidentiality of, Section 3756, Business and Professions Code.
Restraint of trade, civil action by district attorney, confidential memorandum, Section 16750, Business and Professions Code.
Reward by Governor for information leading to arrest and conviction, confidentiality of person supplying information, Section 1547, Penal Code.
Safe surrender site, confidentiality of information pertaining to a parent or individual surrendering a child, Section 1255.7, Health and Safety Code.
SEC. 6.Section 1502 of the Health and Safety Code is amended to read:1502.As used in this chapter:
(a)Community care facility means any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and includes the following:
(1)Residential facility means any family home, group care facility, or similar facility determined by the director, for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.
(2)Adult day program means any community-based facility or program that provides care to persons 18 years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of these individuals on less than a 24-hour basis.
(3)Therapeutic day services facility means any facility that provides nonmedical care, counseling, educational or vocational support, or social rehabilitation services on less than a 24-hour basis to persons under 18 years of age who would otherwise be placed in foster care or who are returning to families from foster care. Program standards for these facilities shall be developed by the department, pursuant to Section 1530, in consultation with therapeutic day services and foster care providers.
(4)Foster family agency means any public agency or private organization engaged in the recruiting, certifying, and training of, and providing professional support to, foster parents, or in finding homes or other places for placement of children for temporary or permanent care who require that level of care. Private foster family agencies shall be organized and operated on a nonprofit basis.
(5)Foster family home means any residential facility providing 24-hour care for six or fewer foster children that is owned, leased, or rented and is the residence of the foster parent or parents, including their family, in whose care the foster children have been placed. The placement may be by a public or private child placement agency or by a court order, or by voluntary placement by a parent, parents, or guardian. It also means a foster family home described in Section 1505.2.
(6)Small family home means any residential facility, in the licensees family residence, that provides 24-hour care for six or fewer foster children who have mental disorders or developmental or physical disabilities and who require special care and supervision as a result of their disabilities. A small family home may accept children with special health care needs, pursuant to subdivision (a) of Section 17710 of the Welfare and Institutions Code. In addition to placing children with special health care needs, the department may approve placement of children without special health care needs, up to the licensed capacity.
(7)Social rehabilitation facility means any residential facility that provides social rehabilitation services for no longer than 18 months in a group setting to adults recovering from mental illness who temporarily need assistance, guidance, or counseling. Program components shall be subject to program standards pursuant to Article 1 (commencing with Section 5670) of Chapter 2.5 of Part 2 of Division 5 of the Welfare and Institutions Code.
(8)Community treatment facility means any residential facility that provides mental health treatment services to children in a group setting and that has the capacity to provide secure containment. Program components shall be subject to program standards developed and enforced by the State Department of Health Care Services pursuant to Section 4094 of the Welfare and Institutions Code.
Nothing in this section shall be construed to prohibit or discourage placement of persons who have mental or physical disabilities into any category of community care facility that meets the needs of the individual placed, if the placement is consistent with the licensing regulations of the department.
(9)Full-service adoption agency means any licensed entity engaged in the business of providing adoption services, that does all of the following:
(A)Assumes care, custody, and control of a child through relinquishment of the child to the agency or involuntary termination of parental rights to the child.
(B)Assesses the birth parents, prospective adoptive parents, or child.
(C)Places children for adoption.
(D)Supervises adoptive placements.
Private full-service adoption agencies shall be organized and operated on a nonprofit basis. As a condition of licensure to provide intercountry adoption services, a full-service adoption agency shall be accredited and in good standing according to Part 96 of Title 22 of the Code of Federal Regulations, or supervised by an accredited primary provider, or acting as an exempted provider, in compliance with Subpart F (commencing with Section 96.29) of Part 96 of Title 22 of the Code of Federal Regulations.
(10)Noncustodial adoption agency means any licensed entity engaged in the business of providing adoption services, that does all of the following:
(A)Assesses the prospective adoptive parents.
(B)Cooperatively matches children freed for adoption, who are under the care, custody, and control of a licensed adoption agency, for adoption, with assessed and approved adoptive applicants.
(C)Cooperatively supervises adoptive placements with a full-service adoptive agency, but does not disrupt a placement or remove a child from a placement.
Private noncustodial adoption agencies shall be organized and operated on a nonprofit basis. As a condition of licensure to provide intercountry adoption services, a noncustodial adoption agency shall be accredited and in good standing according to Part 96 of Title 22 of the Code of Federal Regulations, or supervised by an accredited primary provider, or acting as an exempted provider, in compliance with Subpart F (commencing with Section 96.29) of Part 96 of Title 22 of the Code of Federal Regulations.
(11)Transitional shelter care facility means any group care facility that provides for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. Program components shall be subject to program standards developed by the State Department of Social Services pursuant to Section 1502.3.
(12)Transitional housing placement provider means an organization licensed by the department pursuant to Section 1559.110 and Section 16522.1 of the Welfare and Institutions Code to provide transitional housing to foster children at least 16 years of age and not more than 18 years of age, and nonminor dependents, as defined in subdivision (v) of Section 11400 of the Welfare and Institutions Code, to promote their transition to adulthood. A transitional housing placement provider shall be privately operated and organized on a nonprofit basis.
(13)Group home means a residential facility that provides 24-hour care and supervision to children, delivered at least in part by staff employed by the licensee in a structured environment. The care and supervision provided by a group home shall be nonmedical, except as otherwise permitted by law.
(14)Runaway and homeless youth shelter means a group home licensed by the department to operate a program pursuant to Section 1502.35 to provide voluntary, short-term, shelter and personal services to runaway youth or homeless youth, as defined in paragraph (2) of subdivision (a) of Section 1502.35.
(15)Enhanced behavioral supports home means a facility certified by the State Department of Developmental Services pursuant to Article 3.6 (commencing with Section 4684.80) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code, and licensed by the State Department of Social Services as an adult residential facility or a group home that provides 24-hour nonmedical care to individuals with developmental disabilities who require enhanced behavioral supports, staffing, and supervision in a homelike setting. An enhanced behavioral supports home shall have a maximum capacity of four consumers, shall conform to Section 441.530(a)(1) of Title 42 of the Code of Federal Regulations, and shall be eligible for federal Medicaid home- and community-based services funding.
(16)Community crisis home means a facility certified by the State Department of Developmental Services pursuant to Article 8 (commencing with Section 4698) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code, and licensed by the State Department of Social Services pursuant to Article 9.7 (commencing with Section 1567.80), as an adult residential facility, providing 24-hour nonmedical care to individuals with developmental disabilities receiving regional center service, in need of crisis intervention services, and who would otherwise be at risk of admission to the acute crisis center at Fairview Developmental Center, Sonoma Developmental Center, an acute general hospital, acute psychiatric hospital, an institution for mental disease, as described in Part 5 (commencing with Section 5900) of Division 5 of the Welfare and Institutions Code, or an out-of-state placement. A community crisis home shall have a maximum capacity of eight consumers, as defined in subdivision (a) of Section 1567.80, shall conform to Section 441.530(a)(1) of Title 42 of the Code of Federal Regulations, and shall be eligible for federal Medicaid home- and community-based services funding.
(17)Crisis nursery means a facility licensed by the department to operate a program pursuant to Section 1516 to provide short-term care and supervision for children under six years of age who are voluntarily placed for temporary care by a parent or legal guardian due to a family crisis or stressful situation.
(18)Short-term residential treatment center means a residential facility 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.
(b)Department or state department means the State Department of Social Services.
(c)Director means the Director of Social Services.
SEC. 6.5.Section 1502 of the Health and Safety Code is amended to read:1502.As used in this chapter:
(a)Community care facility means any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and includes the following:
(1)Residential facility means any family home, group care facility, or similar facility determined by the director, for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.
(2)Adult day program means any community-based facility or program that provides care to persons 18 years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of these individuals on less than a 24-hour basis.
(3)Therapeutic day services facility means any facility that provides nonmedical care, counseling, educational or vocational support, or social rehabilitation services on less than a 24-hour basis to persons under 18 years of age who would otherwise be placed in foster care or who are returning to families from foster care. Program standards for these facilities shall be developed by the department, pursuant to Section 1530, in consultation with therapeutic day services and foster care providers.
(4)Foster family agency means any public agency or private organization engaged in the recruiting, certifying, and training of, and providing professional support to, foster parents, or in finding homes or other places for placement of children for temporary or permanent care who require that level of care as an alternative to a group home. care. Private foster family agencies shall be organized and operated on a nonprofit basis.
(5)Foster family home means any residential facility providing 24-hour care for six or fewer foster children that is owned, leased, or rented and is the residence of the foster parent or parents, including their family, in whose care the foster children have been placed. The placement may be by a public or private child placement agency or by a court order, or by voluntary placement by a parent, parents, or guardian. It also means a foster family home described in Section 1505.2.
(6)Small family home means any residential facility, in the licensees family residence, that provides 24-hour care for six or fewer foster children who have mental disorders or developmental or physical disabilities and who require special care and supervision as a result of their disabilities. A small family home may accept children with special health care needs, pursuant to subdivision (a) of Section 17710 of the Welfare and Institutions Code. In addition to placing children with special health care needs, the department may approve placement of children without special health care needs, up to the licensed capacity.
(7)Social rehabilitation facility means any residential facility that provides social rehabilitation services for no longer than 18 months in a group setting to adults recovering from mental illness who temporarily need assistance, guidance, or counseling. Program components shall be subject to program standards pursuant to Article 1 (commencing with Section 5670) of Chapter 2.5 of Part 2 of Division 5 of the Welfare and Institutions Code.
(8)Community treatment facility means any residential facility that provides mental health treatment services to children in a group setting and that has the capacity to provide secure containment. Program components shall be subject to program standards developed and enforced by the State Department of Health Care Services pursuant to Section 4094 of the Welfare and Institutions Code.
Nothing in this section shall be construed to prohibit or discourage placement of persons who have mental or physical disabilities into any category of community care facility that meets the needs of the individual placed, if the placement is consistent with the licensing regulations of the department.
(9)Full-service adoption agency means any licensed entity engaged in the business of providing adoption services, that does all of the following:
(A)Assumes care, custody, and control of a child through relinquishment of the child to the agency or involuntary termination of parental rights to the child.
(B)Assesses the birth parents, prospective adoptive parents, or child.
(C)Places children for adoption.
(D)Supervises adoptive placements.
Private full-service adoption agencies shall be organized and operated on a nonprofit basis. As a condition of licensure to provide intercountry adoption services, a full-service adoption agency shall be accredited and in good standing according to Part 96 of Title 22 of the Code of Federal Regulations, or supervised by an accredited primary provider, or acting as an exempted provider, in compliance with Subpart F (commencing with Section 96.29) of Part 96 of Title 22 of the Code of Federal Regulations.
(10)Noncustodial adoption agency means any licensed entity engaged in the business of providing adoption services, that does all of the following:
(A)Assesses the prospective adoptive parents.
(B)Cooperatively matches children freed for adoption, who are under the care, custody, and control of a licensed adoption agency, for adoption, with assessed and approved adoptive applicants.
(C)Cooperatively supervises adoptive placements with a full-service adoptive agency, but does not disrupt a placement or remove a child from a placement.
Private noncustodial adoption agencies shall be organized and operated on a nonprofit basis. As a condition of licensure to provide intercountry adoption services, a noncustodial adoption agency shall be accredited and in good standing according to Part 96 of Title 22 of the Code of Federal Regulations, or supervised by an accredited primary provider, or acting as an exempted provider, in compliance with Subpart F (commencing with Section 96.29) of Part 96 of Title 22 of the Code of Federal Regulations.
(11)Transitional shelter care facility means any group care facility that provides for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. Program components shall be subject to program standards developed by the State Department of Social Services pursuant to Section 1502.3.
(12)Transitional housing placement provider means an organization licensed by the department pursuant to Section 1559.110 and Section 16522.1 of the Welfare and Institutions Code to provide transitional housing to foster children at least 16 years of age and not more than 18 years of age, and nonminor dependents, as defined in subdivision (v) of Section 11400 of the Welfare and Institutions Code, to promote their transition to adulthood. A transitional housing placement provider shall be privately operated and organized on a nonprofit basis.
(13)Group home means a residential facility that provides 24-hour care and supervision to children, delivered at least in part by staff employed by the licensee in a structured environment. The care and supervision provided by a group home shall be nonmedical, except as otherwise permitted by law.
(14)Runaway and homeless youth shelter means a group home licensed by the department to operate a program pursuant to Section 1502.35 to provide voluntary, short-term, shelter and personal services to runaway youth or homeless youth, as defined in paragraph (2) of subdivision (a) of Section 1502.35.
(15)Enhanced behavioral supports home means a facility certified by the State Department of Developmental Services pursuant to Article 3.6 (commencing with Section 4684.80) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code, and licensed by the State Department of Social Services as an adult residential facility or a group home that provides 24-hour nonmedical care to individuals with developmental disabilities who require enhanced behavioral supports, staffing, and supervision in a homelike setting. An enhanced behavioral supports home shall have a maximum capacity of four consumers, shall conform to Section 441.530(a)(1) of Title 42 of the Code of Federal Regulations, and shall be eligible for federal Medicaid home- and community-based services funding.
(16)Community crisis home means a facility certified by the State Department of Developmental Services pursuant to Article 8 (commencing with Section 4698) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code, and licensed by the State Department of Social Services pursuant to Article 9.7 (commencing with Section 1567.80), as an adult residential facility, providing 24-hour nonmedical care to individuals with developmental disabilities receiving regional center service, in need of crisis intervention services, and who would otherwise be at risk of admission to the acute crisis center at Fairview Developmental Center, Sonoma Developmental Center, an acute general hospital, acute psychiatric hospital, an institution for mental disease, as described in Part 5 (commencing with Section 5900) of Division 5 of the Welfare and Institutions Code, or an out-of-state placement. A community crisis home shall have a maximum capacity of eight consumers, as defined in subdivision (a) of Section 1567.80, shall conform to Section 441.530(a)(1) of Title 42 of the Code of Federal Regulations, and shall be eligible for federal Medicaid home- and community-based services funding.
(17)Crisis nursery means a facility licensed by the department to operate a program pursuant to Section 1516 to provide short-term care and supervision for children under six years of age who are voluntarily placed for temporary care by a parent or legal guardian due to a family crisis or stressful situation.
(18)Short-term residential treatment center means a residential facility 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.
(19)Private or public residential care facility for youth means a facility or program licensed by the department to operate pursuant to Section 1502.2 to provide nonmedical care, counseling, or educational or vocational support to persons under 18 years of age with social, emotional, behavioral, or mental health issues or disorders.
(b)Department or state department means the State Department of Social Services.
(c)Director means the Director of Social Services.
SEC. 7.Section 1502.4 of the Health and Safety Code is amended to read:1502.4.(a)(1)A community care facility licensed as a group home for children pursuant to this chapter may accept for placement, and provide care and supervision to, a child assessed as seriously emotionally disturbed, as long as the child does not need inpatient care in a licensed health facility.
(2)For the purpose of this chapter, the following definitions shall apply:
(A)Health facility has the meaning set forth in Section 1250.
(B)Seriously emotionally disturbed has the same meaning as that term is used in subdivision (a) of Section 5600.3 of the Welfare and Institutions Code.
(b)If a child described in subdivision (a) is placed into a group home program classified at rate classification level 13 or rate classification level 14 pursuant to Section 11462.01 of the Welfare and Institutions Code, the licensee shall meet both of the following requirements:
(1)The licensee shall agree to accept, for placement into its group home program, only children who have been assessed as seriously emotionally disturbed, by either of the following:
(A)An interagency placement committee, as described in Section 4096 of the Welfare and Institutions Code or by a licensed mental health professional, as defined in subdivision (g) of Section 4096 of the Welfare and Institutions Code.
(B)A licensed mental health professional as defined in subdivision (g) of Section 4096 of the Welfare and Institutions Code if the child is privately placed or only county funded.
(2)The program is certified by the State Department of Health Care Services, pursuant to Section 4096.5 of the Welfare and Institutions Code, as a program that provides mental health treatment services for seriously emotionally disturbed children.
(c)The department shall not evaluate, or have any responsibility or liability with regard to the evaluation of, the mental health treatment services provided pursuant to this section.
(d)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 8.Section 1502.4 is added to the Health and Safety Code, to read:1502.4.(a)A licensed short-term residential treatment center, as defined in paragraph (18) of subdivision (a) of Section 1502, may only accept for placement a child who does not require inpatient care in a licensed health facility and who has been assessed pursuant to Section 11462.01 of the Welfare and Institutions Code as meeting the applicable criteria for placement in a short-term residential treatment center.
(b)A licensed foster family agency, as defined in paragraph (4) of subdivision (a) of Section 1502, may accept for placement a child who does not require inpatient care in a licensed health facility, as defined in Section 1250, and who has been assessed pursuant to Section 11462.01 of the Welfare and Institutions Code as meeting the applicable criteria for placement by a foster family agency.
(c)For the purposes of this chapter, the following definitions shall apply:
(1)Health facility has the meaning set forth in Section 1250.
(2)Seriously emotionally disturbed has the same meaning as that term is used in subdivision (a) of Section 5600.3 of the Welfare and Institutions Code.
(d)The department shall not evaluate, nor have any responsibility or liability with regard to the evaluation of, the mental health treatment services provided pursuant to this section.
(e)This section shall become operative on January 1, 2017.
SEC. 9.Section 1502.45 is added to the Health and Safety Code, immediately following Section 1502.4, to read:1502.45.(a)(1)Notwithstanding Section 1502.4, a community care facility licensed as a group home for children pursuant to this chapter may only accept for placement, and provide care and supervision to, a child assessed as seriously emotionally disturbed as long as the child does not need inpatient care in a licensed health facility, as defined in Section 1250.
(2)For the purpose of this section, the following definitions shall apply:
(A)Health facility has the meaning set forth in Section 1250.
(B)Seriously emotionally disturbed has the same meaning as that term is used in subdivision (a) of Section 5600.3 of the Welfare and Institutions Code.
(b)If a child described in subdivision (a) is placed into a group home program classified at rate classification level 13 or rate classification level 14 pursuant to Section 11462.015 of the Welfare and Institutions Code, the licensee shall meet both of the following requirements:
(1)The licensee shall agree to accept, for placement into its group home program, only children who have been assessed as seriously emotionally disturbed by either of the following:
(A)An interagency placement committee, as described in Section 4096.1 of the Welfare and Institutions Code or by a licensed mental health professional, as defined in subdivision (g) of Section 4096 of the Welfare and Institutions Code.
(B)A licensed mental health professional as defined in subdivision (g) of Section 4096 of the Welfare and Institutions Code if the child is privately placed or only county funded.
(2)The program is certified by the State Department of Health Care Services, pursuant to Section 4096.55 of the Welfare and Institutions Code, as a program that provides mental health treatment services for seriously emotionally disturbed children.
(c)The department shall not evaluate, or have any responsibility or liability with regard to the evaluation of, the mental health treatment services provided pursuant to this section.
(d)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 of the Welfare and Institutions Code.
(e)This section shall become operative on January 1, 2017.
(f)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. 10.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 foster family agency functions may use only a certified family home that has been certified by that agency or a licensed foster family home approved for this use by the licensing county pursuant to Section 1506.5.
(2)Any home selected and certified 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 subject to Section 1508. A certified family home may not be concurrently 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 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. The determination regarding whether and how long he or she may remain as a resident after the age of 18 years shall be made through the agreement of all parties involved, including the resident, the foster parent, the foster family agency social worker, the residents regional center case manager, and the residents parent, legal guardian, or conservator, as appropriate. This determination shall include a needs and service plan that contains an assessment of the childs 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 childs 18th birthday. The assessment shall be documented and maintained in the childs file with the foster family agency.
(b)(1)A foster family agency shall certify to the department that the home has met the departments licensing standards. A foster family agency may require a 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 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.
(c)As used in this chapter, certified family home means a family residence certified by a licensed foster family agency and issued a certificate of approval by that agency as meeting licensing standards, and used only by that foster family agency for placements.
(d)(1)Requirements for social work personnel for a foster family agency shall be a masters 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 masters 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 masters 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)For purposes of this section, social work personnel means supervising social workers as well as nonsupervisory social workers.
SEC. 11.Section 1506.1 is added to the Health and Safety Code, to read:1506.1.(a)A foster family agency shall prepare and maintain a current, written plan of operation as required by the department.
(b)(1)On and after January 1, 2017, a foster family agency shall have national accreditation from an entity identified by the department pursuant to the process described in paragraph (8) of subdivision (b) of Section 11463 of the Welfare and Institutions Code.
(2)Notwithstanding paragraph (1), the department may issue a provisional license to a foster family agency and may extend the term of the provisional license in order for the foster family agency to secure accreditation as set forth in subdivision (c) of Section 1525.5.
(c)(1)On and after January 1, 2017, a foster family agencys plan of operation shall demonstrate the foster family agencys ability to support the differing needs of children and their families.
(2)On and after January 1, 2017, a foster family agencys 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 agencys plan of operation shall include a program statement. The program statement shall contain a description of all of the following:
(A)The core services and supports, as set forth in paragraph (5) of subdivision (b) of Section 11463 of the Welfare and Institutions Code, and as prescribed by the department, to be offered to children and their families, as appropriate or as necessary.
(B)The treatment practices that will be used in serving children and families.
(C)The procedures for the development, implementation, and periodic updating of the needs and services plan for children placed with the foster family agency or served by the foster family agency, and procedures for collaborating with the child and family team as described in paragraph (4) of subdivision (a) of Section 16501 of the Welfare and Institutions Code, that includes, but is not limited to, a description of the services to be provided to meet the treatment needs of children assessed pursuant to subdivision (d) or (e) of Section 11462.01 of the Welfare and Institutions Code.
(D)How the foster family agency will comply with the resource family approval standards and requirements, as set forth in Section 16519.5 of the Welfare and Institutions Code.
(E)A description of the population or populations to be served.
(F)Any other information that may be prescribed by the department for the proper administration of this section.
(d)In addition to the rules and regulations adopted pursuant to this chapter, a county licensed to operate a foster family agency shall describe, in the plan of operation, its conflict-of-interest mitigation plan, on and after January 1, 2017, as set forth in subdivision (g) of Section 11462.02 of the Welfare and Institutions Code.
(e)The foster family agencys plan of operation shall demonstrate the foster family agencys ability to provide treatment services to meet the individual needs of children placed in licensed, approved, or certified relative and nonrelative foster families, as specified in Section 11402 of the Welfare and Institutions Code.
(f)The department shall have the authority to inspect a foster family agency pursuant to the system of governmental monitoring and oversight developed by the department on and after January 1, 2017, pursuant to subdivision (c) of Section 11463 of the Welfare and Institutions Code.
(g)The department shall establish procedures for a county review process, at the countys option, for foster family agencies, which may include the review of the foster family agencys 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. 12.Section 1507.25 of the Health and Safety Code is amended to read:1507.25.(a)(1)Notwithstanding any other law, a person described in paragraph (2), who is not a licensed health care professional, but who is trained to administer injections by a licensed health care professional practicing within his or her scope of practice, may administer emergency medical assistance and injections for severe diabetic hypoglycemia and anaphylactic shock to a foster child in placement.
(2)The following individuals shall be authorized to administer emergency medical assistance and injections in accordance with this subdivision:
(A)A relative caregiver.
(B)A nonrelative extended family member.
(C)A foster family home parent.
(D)A member of a resource family, as defined in subdivision (c) of Section 16519.5 of the Welfare and Institutions Code.
(E)A small family home parent.
(F)A certified parent of a foster family agency.
(G)A substitute caregiver of a foster family home or a certified family home.
(H)A staff member of a small family home or a group home who provides direct care and supervision to children and youth residing in the small family home or group home.
(I)A 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.
(3)The licensed health care professional shall periodically review, correct, or update training provided pursuant to this section as he or she deems necessary and appropriate.
(b)(1)Notwithstanding any other law, a person described in paragraph (2), who is not a licensed health care professional, but who is trained to administer injections by a licensed health care professional practicing within his or her scope of practice, may administer subcutaneous injections of other medications, including insulin, as prescribed by the childs physician, to a foster child in placement.
(2)The following individuals shall be authorized to give prescribed injections including insulin in accordance with this subdivision:
(A)A relative caregiver.
(B)A nonrelative extended family member.
(C)A foster family home parent.
(D)A member of a resource family, as defined in subdivision (c) of Section 16519.5 of the Welfare and Institutions Code.
(E)A small family home parent.
(F)A certified parent of a foster family agency.
(G)In the absence of a foster parent, a designated substitute caregiver in a foster family home or a certified family home.
(H)A direct care 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.
(3)The licensed health care professional shall periodically review, correct, or update training provided pursuant to this section as he or she deems necessary and appropriate.
(c)For purposes of this section, administration of an insulin injection shall include all necessary supportive activities related to the preparation and administration of the injection, including glucose testing and monitoring.
(d)Notwithstanding Part 5.5 (commencing with Section 17700) of Division 9 of, and particularly subdivision (g) of Section 17710 of, the Welfare and Institutions Code, a childs need to receive injections pursuant to this section shall not be the sole basis for determining that the child has a medical condition requiring specialized in-home health care.
(e)This section does not supersede the requirements of Section 369.5 of the Welfare and Institutions Code, with respect to the administration of psychotropic medication to a dependent child of the court.
SEC. 13.Section 1517 is added to the Health and Safety Code, to read:1517.(a)(1)Pursuant to subdivision (a) of Section 16519.5 of the Welfare and Institutions Code, the State Department of Social Services, shall implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, approving relatives and nonrelative extended family members as foster care providers, and approving adoptive families.
(2)For purposes of this section, a resource family means an individual or couple 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)A foster family agency that is selected and authorized to participate in early implementation of the resource family approval program, pursuant to subdivision (t) of Section 16519.5 of the Welfare and Institutions Code, shall comply with the provisions of this section.
(1)Notwithstanding any other law, the 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 adopted thereto, and other applicable laws prior to approval and in order to maintain approval.
(2)The foster family agency shall be responsible for all of the following:
(A)Complying with the applicable provisions of this chapter, the regulations for foster family agencies, the resource family approval standards and requirements set forth in Section 16519.5 of the Welfare and Institutions Code, and the applicable written directives adopted thereto as directed by the department.
(B)Implementing the requirements for the resource family approval and utilizing standardized documentation established by the department.
(C)Ensuring staff have the education and experience necessary to complete the home environment and psychosocial assessments competently.
(D)Taking the following actions, as applicable:
(i)Approving or denying resource family applications.
(ii)Rescinding approvals of resource families.
(E)Providing to the department a log of resource families that were approved or rescinded during the month by the 10th day of the following month. For purposes of subdivision (d) of Section 1536, a certified family home includes a resource family approved by the foster family agency pursuant to this section.
(F)Updating resource family approval annually.
(G)Monitoring resource families through all of the following:
(i)Ensuring that social workers who identify a condition in the home that may not meet the resource family approval standards while in the course of a routine visit to children subsequently placed with a resource family take appropriate action as needed.
(ii)Requiring resource families to comply with corrective action plans as necessary to correct identified deficiencies. If corrective action is not completed as specified in the plan, the foster family agency or the department may rescind the approval of the resource family in accordance with the written directives 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 adopted pursuant to Section 16519.5 of the Welfare and Institutions Code.
(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 (9) of subdivision (f) of Section 16519.5 of the Welfare and Institutions Code.
(J)Ensuring resource family applicants and resource families meet the training requirements set forth in paragraphs (12) to (14), inclusive, of subdivisions (g) and (h) of Section 16519.5 of the Welfare and Institutions Code.
(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)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 adopted pursuant to Section 16519.5 of the Welfare and Institutions Code.
(2)Rescinding approvals of a resource family approved by a foster family agency.
(3)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.
(4)Issuing a temporary suspension order that suspends the resource family approval prior to a hearing, when urgent action is needed to protect a child or nonminor dependent from physical or mental abuse, abandonment, or any other substantial threat to health or safety.
(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 Section 16519.5 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)(1)On and after January 1, 2017, all licensed foster family agencies shall approve resource families in lieu of certifying foster homes. A foster family agency shall require its applicants and resource families to meet the resource family approval standards and requirements set forth in Section 16519.5 of the Welfare and Institutions Code, the written directives adopted thereto, and other applicable laws prior to approval and in order to maintain approval.
(2)No later than July 1, 2017, each foster family agency shall provide the following information to all certified family homes:
(A)A detailed description of the resource family approval program.
(B)Notification that, in order to care for a foster child, resource family approval is required by December 31, 2019.
(C)Notification that a certificate of approval shall be forfeited by operation of law as provided for in paragraph (5).
(3)By no later than January 1, 2018, the following shall apply to all certified family homes:
(A)A certified family home with an approved adoptive home study, completed prior to January 1, 2018, shall be deemed to be an approved resource family.
(B)A certified family home that had a child in placement for any length of time, between January 1, 2017, and December 31, 2017, inclusive, may be approved as a resource family on the date of successful completion of a psychosocial assessment pursuant to subparagraph (B) of paragraph (2) of subdivision (d) of Section 16519.5 of the Welfare and Institutions Code.
(4)A foster family agency may provide supportive services to all certified family homes with a child in placement to assist with the resource family transition and to minimize placement disruptions.
(5)All certificates of approval shall be forfeited by operation of law on December 31, 2019, except as provided in this paragraph:
(A)A certified family home that did not have a child in placement for any length of time between January 1, 2017, and December 31, 2017, inclusive, shall forfeit by operation of law its certificate of approval on January 1, 2018.
(B)For a certified family home with a pending resource family application on December 31, 2019, the certificate of approval shall be forfeited by operation of law on the date of approval as a resource family. If approval is denied, forfeiture by operation of law shall occur on the date of completion of any proceedings required by law to ensure due process.
SEC. 14.Section 1520.1 of the Health and Safety Code is amended to read:1520.1.In addition to Section 1520, applicants for a group home or short-term residential treatment center license shall meet the following requirements:
(a)(1)During the first 12 months of operation, the facility shall operate with a provisional license. After eight months of operation, the department shall conduct a comprehensive review of the facility for compliance with all applicable laws and regulations and help develop a plan of correction with the provisional licensee, if appropriate. By the end of the 12th month of operation, the department shall determine if the permanent license should be issued.
(2)If the department determines that the group home or short-term residential treatment center is in substantial compliance with licensing standards, notwithstanding Section 1525.5, the department may extend the provisional license for up to an additional six months for either of the following reasons:
(A)The group home or short-term residential treatment center requires additional time to be in full compliance with licensing standards.
(B)After 12 months of operation, the group home or short-term residential treatment center is not operating at 50 percent of its licensed capacity.
(3)By no later than the first business day of the 17th month of operation, the department shall conduct an additional review of a facility for which a provisional license is extended pursuant to paragraph (2), in order to determine whether a permanent license should be issued.
(4)At the time of its review pursuant to paragraph (3), the department may extend the term of a provisional license for a period not to exceed two years, only if it determines that this additional time period is required to secure accreditation from an entity identified by the department pursuant to the process described in paragraph (5) of subdivision (b) of Section 11462 of the Welfare and Institutions Code and provided that all other requirements for a license have been met.
(5)The department may deny a group home or short-term residential treatment center license application at any time during the term of the provisional license to protect the health and safety of clients. If the department denies the application, the group home or short-term residential treatment center shall cease operation immediately. Continued operation of the facility after the department denies the application or the provisional license expires shall constitute unlicensed operation.
(6)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 homes or short-term residential treatment centers operation may be filed.
(b)(1)After the production of the booklet provided for in paragraph (2), every member of the group homes board of directors or governing body and every member of a short-term residential treatment centers 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 homes or short-term residential treatment centers 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 providers or short-term residential treatment center providers 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 homes or short-term residential treatment centers operation that are enforced by the department.
(c)All financial records submitted by a facility to the department, or that are submitted as part of an audit of the facility, including, but not limited to, employee timecards and timesheets, shall be signed and dated by the employee and by the group home representative or short-term residential treatment center representative who is responsible for ensuring the accuracy of the information contained in the record, or when a time clock is used, the payroll register shall be signed and dated, and those financial records shall contain an affirmative statement that the signatories understand that the information contained in the document is correct to the best of their knowledge and that submission of false or misleading information may be prosecuted as a crime.
(d)An applicant, provisional licensee, or licensee shall maintain, submit, and sign financial documents to verify the legitimacy and accuracy of these documents. These documents include, but are not limited to, the group home or short-term residential treatment center application, any financial documents and plans of corrections submitted to the department, and time sheets.
(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 facilitys 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 boards or governing bodys discussion of these documents and the group homes or short-term residential treatment centers operation. The licensee shall make available the minutes of group homes or short-term residential treatment centers board of directors or governing body meetings to the department.
SEC. 15.Section 1520.5 of the Health and Safety Code is amended to read:1520.5.(a)The Legislature hereby declares it to be the policy of the state to prevent overconcentrations of residential facilities that impair the integrity of residential neighborhoods. Therefore, the department shall deny an application for a new residential facility license if the department determines that the location is in a proximity to an existing residential facility that would result in overconcentration.
(b)As used in this section, overconcentration means that if a new license is issued, there will be residential facilities that are separated by a distance of 300 feet or less, as measured from any point upon the outside walls of the structures housing those facilities. Based on special local needs and conditions, the department may approve a separation distance of less than 300 feet with the approval of the city or county in which the proposed facility will be located.
(c)At least 45 days prior to approving any application for a new residential facility, the department, or county licensing agency, shall notify, in writing, the planning agency of the city, if the facility is to be located in the city, or the planning agency of the county, if the facility is to be located in an unincorporated area, of the proposed location of the facility.
(d)Any city or county may request denial of the license applied for on the basis of overconcentration of residential facilities.
(e)Nothing in this section authorizes the department, on the basis of overconcentration, to refuse to grant a license upon a change of ownership of an existing residential facility when there is no change in the location of the facility.
(f)Foster family homes and residential facilities for the elderly shall not be considered in determining overconcentration of residential facilities, and license applications for those facilities shall not be denied upon the basis of overconcentration.
(g)Transitional shelter care facilities and temporary shelter care facilities shall not be considered in determining overconcentration of residential facilities, and license applications for those facilities shall not be denied upon the basis of overconcentration.
SEC. 16.Section 1522.2 of the Health and Safety Code is amended to read:1522.2.If a local law enforcement agency, a probation officer, or a local department or agency that provides social services becomes aware that an employee of a community treatment facility, a day treatment facility, a group home, a short-term residential treatment center, or a foster family agency has been arrested for child abuse, as defined in Section 11165.6 of the Penal Code, after determining that the potential for abuse is present and that the employee is free to return to the facility where children are present, the local law enforcement agency, probation officer, or local department or agency shall notify the licensee of the charge of abuse.
SEC. 17.Section 1522.4 of the Health and Safety Code is amended to read:1522.4.(a)In addition to any other requirements of this chapter and except for foster family homes, small family homes, and certified family homes of foster family agencies, all of the following apply to any community care facility providing 24-hour care for children:
(1)The facility shall have one or more facility managers. Facility manager, as used in this section, means a person on the premises with the authority and responsibility necessary to manage and control the day-to-day operation of a community care facility and supervise the clients. The facility manager, licensee, and administrator, or any combination thereof, may be the same person provided he or she meets all applicable requirements. If the administrator is also the facility manager for the same facility, this person shall be limited to the administration and management of only one facility.
(2)The facility manager shall have at least one year of experience working with the client group served, or equivalent education or experience, as determined by the department.
(3)A facility manager shall be at the facility at all times when one or more clients are present. To ensure adequate supervision of clients when clients are at the facility outside of their normal schedule, a current telephone number where the facility manager can be reached shall be provided to the clients, licensing agency, school, and any other agency or person as the department determines is necessary. The facility manager shall instruct these agencies and individuals to notify him or her when clients will be returning to the facility outside of the normal hours.
(4)The Legislature intends to upgrade the quality of care in licensed facilities. For the purposes of Sections 1533 and 1534, the licensed facility shall be inspected and evaluated for quality of care at least once each year, without advance notice and as often as necessary, without advance notice, to ensure the quality of care being provided.
Paragraphs (1), (2), and (3) shall apply only to new facilities licensed for six or fewer children which apply for a license after January 1, 1985, and all other new facilities licensed for seven or more children which apply for a license after January 1, 1988. Existing facilities licensed for seven or more children shall comply by January 1, 1989.
(b)No employee of the state or county employed in the administration of this chapter or employed in a position that is in any way concerned with facilities licensed under this chapter shall hold a license or have a direct or indirect financial interest in a facility described in subdivision (a).
The department, by regulation, shall make the determination pursuant to the purposes of this section and chapter, as to what employment is in the administration of this chapter or in any way concerned with facilities licensed under this chapter and what financial interest is direct or indirect.
This subdivision does not prohibit the state or county from securing a license for, or operating, a facility that is otherwise required to be licensed under this chapter.
(c)(1)No group home, short-term residential treatment center, or foster family agency licensee, or employee, member of the board of directors, or officer of a group home, short-term residential treatment center, or foster family agency licensee, shall offer gifts or other remuneration of any type to any employee of the State Department of Social Services or placement agency that exceeds the monetary limits for gifts to employees of the State of California pursuant to Title 9 (commencing with Section 81000) of the Government Code and regulations adopted thereunder by the Fair Political Practices Commission.
(2)No employee of the department or a placement agency shall accept any gift or other remuneration of any type from a group home, short-term residential treatment center, or foster family agency licensee or employee, member of the board of directors, or officer of a group home, short-term residential treatment center, or foster family agency licensee that exceeds the monetary limits for gifts to employees of the State of California in Title 9 (commencing with Section 81000) of the Government Code and regulations adopted thereunder by the Fair Political Practices Commission.
(3)Violation of this subdivision is punishable as a misdemeanor.
SEC. 18.Section 1522.41 of the Health and Safety Code is amended to read:1522.41.(a)(1)The department, in consultation and collaboration with county placement officials, group home provider organizations, the Director of Health Care Services, and the Director of Developmental Services, shall develop and establish an administrator certification training program to ensure that administrators of group home facilities have appropriate training to provide the care and services for which a license or certificate is issued.
(2)The department shall develop and establish an administrator certification training program to ensure that administrators of short-term residential treatment center facilities have appropriate training to provide the care and services for which a license or certificate is issued.
(b)(1)In addition to any other requirements or qualifications required by the department, an administrator of a group home or short-term residential treatment center shall successfully complete a specified department-approved training certification program, pursuant to subdivision (c), prior to employment.
(2)In those cases where the individual is both the licensee and the administrator of a facility, the individual shall comply with all of the licensee and administrator requirements of this section.
(3)Failure to comply with this section shall constitute cause for revocation of the license of the facility.
(4)The licensee shall notify the department within 10 days of any change in administrators.
(c)(1)The administrator certification programs for group homes shall require a minimum of 40 hours of classroom instruction that provides training on a uniform core of knowledge in each of the following areas:
(A)Laws, regulations, and policies and procedural standards that impact the operations of the type of facility for which the applicant will be an administrator.
(B)Business operations.
(C)Management and supervision of staff.
(D)Psychosocial and educational needs of the facility residents.
(E)Community and support services.
(F)Physical needs of facility residents.
(G) Assistance with self-administration, storage, misuse, and interaction of medication used by facility residents.
(H)Resident admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(I)Instruction on cultural competency and sensitivity 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.
(J)Nonviolent emergency intervention and reporting requirements.
(K)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(2)The administrator certification programs for short-term residential treatment centers shall require a minimum of 40 hours of classroom instruction that provides training on a uniform core of knowledge in each of the following areas:
(A)Laws, regulations, and policies and procedural standards that impact the operations of the type of facility for which the applicant will be an administrator.
(B)Business operations and management and supervision of staff, including staff training.
(C)Physical and psychosocial needs of the children, including behavior management, de-escalation techniques, and trauma informed crisis management planning.
(D)Permanence, well-being, and educational needs of the children.
(E)Community and support services, including accessing local behavioral and mental health supports and interventions, substance use disorder treatments, and culturally relevant services, as appropriate.
(F)Understanding the requirements and best practices regarding psychotropic medications, including, but not limited to, court authorization, uses, benefits, side effects, interactions, assistance with self-administration, misuse, documentation, storage, and metabolic monitoring of children prescribed psychotropic medications.
(G)Admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(H)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 as including culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership, and connection to the tribal community and traditions.
(I)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.
(J)Nonviolent emergency intervention and reporting requirements.
(K)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(d)Administrators who possess a valid group home license, issued by the department, are exempt from completing an approved initial certification training program and taking a written test, provided the individual completes 12 hours of classroom instruction in the following uniform core of knowledge areas:
(1)Laws, regulations, and policies and procedural standards that impact the operations of a short-term residential treatment center.
(2)(A)Authorization, uses, benefits, side effects, interactions, assistance with self-administration, misuse, documentation, and storage of medications.
(B)Metabolic monitoring of children prescribed psychotropic medications.
(3)Admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(4)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 as including culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership, and connection to the tribal community and traditions.
(5)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.
(6)Physical and psychosocial needs of children, including behavior management, deescalation techniques, and trauma informed crisis management planning.
(e)Individuals applying for administrator certification under this section shall successfully complete an approved administrator certification training program, pass a written test administered by the department within 60 days of completing the program, and submit to the department the documentation required by subdivision (f) within 30 days after being notified of having passed the test. The department may extend these time deadlines for good cause. The department shall notify the applicant of his or her test results within 30 days of administering the test.
(f)The department shall not begin the process of issuing a certificate until receipt of all of the following:
(1)A certificate of completion of the administrator training required pursuant to this chapter.
(2)The fee required for issuance of the certificate. A fee of one hundred dollars ($100) shall be charged by the department to cover the costs of processing the application for certification.
(3)Documentation from the applicant that he or she has passed the written test.
(4)Submission of fingerprints pursuant to Section 1522. The department may waive the submission for those persons who have a current clearance on file.
(5)That person is at least 21 years of age.
(g)It shall be unlawful for any person not certified under this section to hold himself or herself out as a certified administrator of a group home or short-term residential treatment center. Any person willfully making any false representation as being a certified administrator or facility manager is guilty of a misdemeanor.
(h)(1)Certificates issued under this section shall be renewed every two years and renewal shall be conditional upon the certificate holder submitting documentation of completion of 40 hours of continuing education related to the core of knowledge specified in subdivision (c). No more than one-half of the required 40 hours of continuing education necessary to renew the certificate may be satisfied through online courses. All other continuing education hours shall be completed in a classroom setting. For purposes of this section, an individual who is a group home or short-term residential treatment center administrator and who is required to complete the continuing education hours required by the regulations of the State Department of Developmental Services, and approved by the regional center, may have up to 24 of the required continuing education course hours credited toward the 40-hour continuing education requirement of this section. The department shall accept for certification, community college course hours approved by the regional centers.
(2)Every administrator of a group home or short-term residential treatment center shall complete the continuing education requirements of this subdivision.
(3)Certificates issued under this section shall expire every two years on the anniversary date of the initial issuance of the certificate, except that any administrator receiving his or her initial certification on or after July 1, 1999, shall make an irrevocable election to have his or her recertification date for any subsequent recertification either on the date two years from the date of issuance of the certificate or on the individuals birthday during the second calendar year following certification. The department shall send a renewal notice to the certificate holder 90 days prior to the expiration date of the certificate. If the certificate is not renewed prior to its expiration date, reinstatement shall only be permitted after the certificate holder has paid a delinquency fee equal to three times the renewal fee and has provided evidence of completion of the continuing education required.
(4)To renew a certificate, the certificate holder shall, on or before the certificate expiration date, request renewal by submitting to the department documentation of completion of the required continuing education courses and pay the renewal fee of one hundred dollars ($100), irrespective of receipt of the departments notification of the renewal. A renewal request postmarked on or before the expiration of the certificate shall be proof of compliance with this paragraph.
(5)A suspended or revoked certificate shall be subject to expiration as provided for in this section. If reinstatement of the certificate is approved by the department, the certificate holder, as a condition precedent to reinstatement, shall submit proof of compliance with paragraphs (1) and (2) of this subdivision, and shall pay a fee in an amount equal to the renewal fee, plus the delinquency fee, if any, accrued at the time of its revocation or suspension. Delinquency fees, if any, accrued subsequent to the time of its revocation or suspension and prior to an order for reinstatement, shall be waived for a period of 12 months to allow the individual sufficient time to complete the required continuing education units and to submit the required documentation. Individuals whose certificates will expire within 90 days after the order for reinstatement may be granted a three-month extension to renew their certificates during which time the delinquency fees shall not accrue.
(6)A certificate that is not renewed within four years after its expiration shall not be renewed, restored, reissued, or reinstated except upon completion of a certification training program, passing any test that may be required of an applicant for a new certificate at that time, and paying the appropriate fees provided for in this section.
(7)A fee of twenty-five dollars ($25) shall be charged for the reissuance of a lost certificate.
(8)A certificate holder shall inform the department of his or her employment status and change of mailing address within 30 days of any change.
(i)Unless otherwise ordered by the department, the certificate shall be considered forfeited under either of the following conditions:
(1)The department has revoked any license held by the administrator after the department issued the certificate.
(2)The department has issued an exclusion order against the administrator pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897, after the department issued the certificate, and the administrator did not appeal the exclusion order or, after the appeal, the department issued a decision and order that upheld the exclusion order.
(j)(1)The department, in consultation and collaboration with county placement officials, provider organizations, the State Department of Health Care Services, and the State Department of Developmental Services, shall establish, by regulation, the program content, the testing instrument, the process for approving administrator certification training programs, and criteria to be used in authorizing individuals, organizations, or educational institutions to conduct certification training programs and continuing education courses. The department may also grant continuing education hours for continuing courses offered by accredited educational institutions that are consistent with the requirements in this section. The department may deny vendor approval to any agency or person in any of the following circumstances:
(A)The applicant has not provided the department with evidence satisfactory to the department of the ability of the applicant to satisfy the requirements of vendorization set out in the regulations adopted by the department.
(B)The applicant person or agency has a conflict of interest in that the person or agency places its clients in group homes or short-term residential treatment centers.
(C)The applicant public or private agency has a conflict of interest in that the agency is mandated to place clients in group homes or short-term residential treatment centers and to pay directly for the services. The department may deny vendorization to this type of agency only as long as there are other vendor programs available to conduct the certification training programs and conduct education courses.
(2)The department may authorize vendors to conduct the administrators certification training program pursuant to this section. The department shall conduct the written test pursuant to regulations adopted by the department.
(3)The department shall prepare and maintain an updated list of approved training vendors.
(4)The department may inspect administrator certification training programs and continuing education courses, including online courses, at no charge to the department, to determine if content and teaching methods comply with regulations. If the department determines that any vendor is not complying with the requirements of this section, the department shall take appropriate action to bring the program into compliance, which may include removing the vendor from the approved list.
(5)The department shall establish reasonable procedures and timeframes not to exceed 30 days for the approval of vendor training programs.
(6)The department may charge a reasonable fee, not to exceed one hundred fifty dollars ($150) every two years, to certification program vendors for review and approval of the initial 40-hour training program pursuant to subdivision (c). The department may also charge the vendor a fee, not to exceed one hundred dollars ($100) every two years, for the review and approval of the continuing education courses needed for recertification pursuant to this subdivision.
(7)(A)A vendor of online programs for continuing education shall ensure that each online course contains all of the following:
(i)An interactive portion in which the participant receives feedback, through online communication, based on input from the participant.
(ii)Required use of a personal identification number or personal identification information to confirm the identity of the participant.
(iii)A final screen displaying a printable statement, to be signed by the participant, certifying that the identified participant completed the course. The vendor shall obtain a copy of the final screen statement with the original signature of the participant prior to the issuance of a certificate of completion. The signed statement of completion shall be maintained by the vendor for a period of three years and be available to the department upon demand. Any person who certifies as true any material matter pursuant to this clause that he or she knows to be false is guilty of a misdemeanor.
(B)Nothing in this subdivision shall prohibit the department from approving online programs for continuing education that do not meet the requirements of subparagraph (A) if the vendor demonstrates to the departments satisfaction that, through advanced technology, the course and the course delivery meet the requirements of this section.
(k)The department shall establish a registry for holders of certificates that shall include, at a minimum, information on employment status and criminal record clearance.
(l)Notwithstanding any law to the contrary, vendors approved by the department who exclusively provide either initial or continuing education courses for certification of administrators of a group home or short-term residential treatment center as defined by regulations of the department, an adult residential facility as defined by regulations of the department, or a residential care facility for the elderly as defined in subdivision (k) of Section 1569.2, shall be regulated solely by the department pursuant to this chapter. No other state or local governmental entity shall be responsible for regulating the activity of those vendors.
SEC. 18.5.Section 1522.41 of the Health and Safety Code is amended to read:1522.41.(a)(1)The director, department, in consultation and collaboration with county placement officials, group home provider organizations, the Director of Health Care Services, and the Director of Developmental Services, shall develop and establish a an administrator certification training program to ensure that administrators of group home facilities have appropriate training to provide the care and services for which a license or certificate is issued.
(2)The department shall develop and establish an administrator certification training program to ensure that administrators of short-term residential treatment center facilities have appropriate training to provide the care and services for which a license or certificate is issued.
(b)(1)In addition to any other requirements or qualifications required by the department, an administrator of a group home facility or short-term residential treatment center shall successfully complete a specified department-approved training certification program, pursuant to subdivision (c), prior to employment. An administrator employed in a group home on the effective date of this section shall meet the requirements of paragraph (2) of subdivision (c).
(2)In those cases where when the individual is both the licensee and the administrator of a facility, the individual shall comply with all of the licensee and administrator requirements of this section.
(3)Failure to comply with this section shall constitute cause for revocation of the license of the facility.
(4)The licensee shall notify the department within 10 days of any change in administrators.
(c)(1)The administrator certification programs for group homes shall require a minimum of 40 hours of classroom instruction that provides training on a uniform core of knowledge in each of the following areas:
(A)Laws, regulations, and policies and procedural standards that impact the operations of the type of facility for which the applicant will be an administrator.
(B)Business operations.
(C)Management and supervision of staff.
(D)Psychosocial and educational needs of the facility residents. residents, including, but not limited to, the information described in subdivision (d) of Section 16501.4 of the Welfare and Institutions Code.
(E)Community and support services.
(F)Physical needs for of facility residents.
(G)Administration, Assistance with self-administration, storage, misuse, and interaction of medication used by facility residents.
(H)Resident admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(I)Instruction on cultural competency and sensitivity relating to, and related best practices for, for providing adequate care to for children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, and transgender youth in out-of-home care. or transgender.
(J)Nonviolent emergency intervention and reporting requirements.
(K)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in the School Safety and Violence Prevention Act (Article Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code). Code.
(2)The department shall adopt separate program requirements for initial certification for persons who are employed as group home administrators on the effective date of this section. A person employed as an administrator of a group home facility on the effective date of this section shall obtain a certificate by completing the training and testing requirements imposed by the department within 12 months of the effective date of the regulations implementing this section. After the effective date of this section, these administrators shall meet the requirements imposed by the department on all other group home administrators for certificate renewal.
(2)The administrator certification programs for short-term residential treatment centers shall require a minimum of 40 hours of classroom instruction that provides training on a uniform core of knowledge in each of the following areas:
(A)Laws, regulations, and policies and procedural standards that impact the operations of the type of facility for which the applicant will be an administrator.
(B)Business operations and management and supervision of staff, including staff training.
(C)Physical and psychosocial needs of the children, including behavior management, de-escalation techniques, and trauma informed crisis management planning.
(D)Permanence, well-being, and educational needs of the children.
(E)Community and support services, including accessing local behavioral and mental health supports and interventions, substance use disorder treatments, and culturally relevant services, as appropriate.
(F)Understanding the requirements and best practices regarding psychotropic medications, including, but not limited to, court authorization, uses, benefits, side effects, interactions, assistance with self-administration, misuse, documentation, storage, and metabolic monitoring of children prescribed psychotropic medications.
(G)Admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(H)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 as including culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership, and connection to the tribal community and traditions.
(I)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.
(J)Nonviolent emergency intervention and reporting requirements.
(K)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(d)Administrators who possess a valid group home license, issued by the department, are exempt from completing an approved initial certification training program and taking a written test, provided the individual completes 12 hours of classroom instruction in the following uniform core of knowledge areas:
(1)Laws, regulations, and policies and procedural standards that impact the operations of a short-term residential treatment center.
(2)(A)Authorization, uses, benefits, side effects, interactions, assistance with self-administration, misuse, documentation, and storage of medications.
(B)Metabolic monitoring of children prescribed psychotropic medications.
(3)Admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(4)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 as including culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership, and connection to the tribal community and traditions.
(5)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.
(6)Physical and psychosocial needs of children, including behavior management, deescalation techniques, and trauma informed crisis management planning.
(3)
(e)Individuals applying for administrator certification under this section shall successfully complete an approved administrator certification training program, pass a written test administered by the department within 60 days of completing the program, and submit to the department the documentation required by subdivision (d) (f) within 30 days after being notified of having passed the test. The department may extend these time deadlines for good cause. The department shall notify the applicant of his or her test results within 30 days of administering the test.
(d)
(f)The department shall not begin the process of issuing a certificate until receipt of all of the following:
(1)A certificate of completion of the administrator training required pursuant to this chapter.
(2)The fee required for issuance of the certificate. A fee of one hundred dollars ($100) shall be charged by the department to cover the costs of processing the application for certification.
(3)Documentation from the applicant that he or she has passed the written test.
(4)Submission of fingerprints pursuant to Section 1522. The department may waive the submission for those persons who have a current clearance on file.
(5)That person is at least 21 years of age.
(e)
(g)It shall be unlawful for any person not certified under this section to hold himself or herself out as a certified administrator of a group home facility. or short-term residential treatment center. Any person willfully making any false representation as being a certified administrator or facility manager is guilty of a misdemeanor.
(f)
(h)(1)Certificates issued under this section shall be renewed every two years and renewal shall be conditional upon the certificate holder submitting documentation of completion of 40 hours of continuing education related to the core of knowledge specified in subdivision (c). No more than one-half of the required 40 hours of continuing education necessary to renew the certificate may be satisfied through online courses. All other continuing education hours shall be completed in a classroom setting. For purposes of this section, an individual who is a group home facility or short-term residential treatment center administrator and who is required to complete the continuing education hours required by the regulations of the State Department of Developmental Services, and approved by the regional center, may have up to 24 of the required continuing education course hours credited toward the 40-hour continuing education requirement of this section. Community The department shall accept for certification, community college course hours approved by the regional centers shall be accepted by the department for certification. centers.
(2)Every administrator of a group home facility or short-term residential treatment center shall complete the continuing education requirements of this subdivision.
(3)Certificates issued under this section shall expire every two years on the anniversary date of the initial issuance of the certificate, except that any administrator receiving his or her initial certification on or after July 1, 1999, shall make an irrevocable election to have his or her recertification date for any subsequent recertification either on the date two years from the date of issuance of the certificate or on the individuals birthday during the second calendar year following certification. The department shall send a renewal notice to the certificate holder 90 days prior to the expiration date of the certificate. If the certificate is not renewed prior to its expiration date, reinstatement shall only be permitted after the certificate holder has paid a delinquency fee equal to three times the renewal fee and has provided evidence of completion of the continuing education required.
(4)To renew a certificate, the certificate holder shall, on or before the certificate expiration date, request renewal by submitting to the department documentation of completion of the required continuing education courses and pay the renewal fee of one hundred dollars ($100), irrespective of receipt of the departments notification of the renewal. A renewal request postmarked on or before the expiration of the certificate shall be proof of compliance with this paragraph.
(5)A suspended or revoked certificate shall be subject to expiration as provided for in this section. If reinstatement of the certificate is approved by the department, the certificate holder, as a condition precedent to reinstatement, shall submit proof of compliance with paragraphs (1) and (2) of subdivision (f), this subdivision, and shall pay a fee in an amount equal to the renewal fee, plus the delinquency fee, if any, accrued at the time of its revocation or suspension. Delinquency fees, if any, accrued subsequent to the time of its revocation or suspension and prior to an order for reinstatement, shall be waived for a period of 12 months to allow the individual sufficient time to complete the required continuing education units and to submit the required documentation. Individuals whose certificates will expire within 90 days after the order for reinstatement may be granted a three-month extension to renew their certificates during which time the delinquency fees shall not accrue.
(6)A certificate that is not renewed within four years after its expiration shall not be renewed, restored, reissued, or reinstated except upon completion of a certification training program, passing any test that may be required of an applicant for a new certificate at that time, and paying the appropriate fees provided for in this section.
(7)A fee of twenty-five dollars ($25) shall be charged for the reissuance of a lost certificate.
(8)A certificate holder shall inform the department of his or her employment status and change of mailing address within 30 days of any change.
(g)
(i)Unless otherwise ordered by the department, the certificate shall be considered forfeited under either of the following conditions:
(1)The department has revoked any license held by the administrator after the department issued the certificate.
(2)The department has issued an exclusion order against the administrator pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897, after the department issued the certificate, and the administrator did not appeal the exclusion order or, after the appeal, the department issued a decision and order that upheld the exclusion order.
(h)
(j)(1)The department, in consultation and collaboration with county placement officials, provider organizations, the State Department of Health Care Services, and the State Department of Developmental Services, shall establish, by regulation, the program content, the testing instrument, the process for approving administrator certification training programs, and criteria to be used in authorizing individuals, organizations, or educational institutions to conduct certification training programs and continuing education courses. The department may also grant continuing education hours for continuing courses offered by accredited educational institutions that are consistent with the requirements in this section. The department may deny vendor approval to any agency or person in any of the following circumstances:
(A)The applicant has not provided the department with evidence satisfactory to the department of the ability of the applicant to satisfy the requirements of vendorization set out in the regulations adopted by the department pursuant to subdivision (j). department.
(B)The applicant person or agency has a conflict of interest in that the person or agency places its clients in group home facilities. homes or short-term residential treatment centers.
(C)The applicant public or private agency has a conflict of interest in that the agency is mandated to place clients in group homes or short-term residential treatment centers and to pay directly for the services. The department may deny vendorization to this type of agency only as long as there are other vendor programs available to conduct the certification training programs and conduct education courses.
(2)The department may authorize vendors to conduct the administrators certification training program pursuant to this section. The department shall conduct the written test pursuant to regulations adopted by the department.
(3)The department shall prepare and maintain an updated list of approved training vendors.
(4)The department may inspect administrator certification training programs and continuing education courses, including online courses, at no charge to the department, to determine if content and teaching methods comply with regulations. If the department determines that any vendor is not complying with the requirements of this section, the department shall take appropriate action to bring the program into compliance, which may include removing the vendor from the approved list.
(5)The department shall establish reasonable procedures and timeframes not to exceed 30 days for the approval of vendor training programs.
(6)The department may charge a reasonable fee, not to exceed one hundred fifty dollars ($150) every two years, to certification program vendors for review and approval of the initial 40-hour training program pursuant to subdivision (c). The department may also charge the vendor a fee, not to exceed one hundred dollars ($100) every two years, for the review and approval of the continuing education courses needed for recertification pursuant to this subdivision.
(7)(A)A vendor of online programs for continuing education shall ensure that each online course contains all of the following:
(i)An interactive portion in which the participant receives feedback, through online communication, based on input from the participant.
(ii)Required use of a personal identification number or personal identification information to confirm the identity of the participant.
(iii)A final screen displaying a printable statement, to be signed by the participant, certifying that the identified participant completed the course. The vendor shall obtain a copy of the final screen statement with the original signature of the participant prior to the issuance of a certificate of completion. The signed statement of completion shall be maintained by the vendor for a period of three years and be available to the department upon demand. Any person who certifies as true any material matter pursuant to this clause that he or she knows to be false is guilty of a misdemeanor.
(B)Nothing in this subdivision shall prohibit the department from approving online programs for continuing education that do not meet the requirements of subparagraph (A) if the vendor demonstrates to the departments satisfaction that, through advanced technology, the course and the course delivery meet the requirements of this section.
(i)
(k)The department shall establish a registry for holders of certificates that shall include, at a minimum, information on employment status and criminal record clearance.
(j)Subdivisions (b) to (i), inclusive, shall be implemented upon regulations being adopted by the department, by January 1, 2000.
(k)
(l)Notwithstanding any provision of law to the contrary, vendors approved by the department who exclusively provide either initial or continuing education courses for certification of administrators of a group home facility or short-term residential treatment center as defined by regulations of the department, an adult residential facility as defined by regulations of the department, or a residential care facility for the elderly as defined in subdivision (k) of Section 1569.2, shall be regulated solely by the department pursuant to this chapter. No other state or local governmental entity shall be responsible for regulating the activity of those vendors.
SEC. 19.Section 1522.43 of the Health and Safety Code is amended to read:1522.43.(a)(1)For the duties the department imposes on a group home administrator or short-term residential treatment center administrator in this chapter and in regulations adopted by the department, every group home and short-term residential treatment center shall state in its plan of operation, the number of hours per week that the administrator shall spend completing those duties and how the group home administrator or short-term residential treatment center administrator shall accomplish those duties, including use of support personnel.
(2)For initial applicants, the information in paragraph (1) shall be contained in the plan of operation submitted to the department in the application.
(3)For current licensees, the licensee shall submit an amended plan of operation that contains the information required by paragraph (1) within six months of the effective date of this section. For changes in the group home administrator duties imposed by the department in this chapter or in regulations, a current licensee shall have six months after the effective date of those duties to submit an amended plan of operation to reflect the new administrator duties.
(b)(1)The department may review a group homes or short-term residential treatment centers plan of operation to determine if the plan of operation is sufficient to ensure that the facility will operate in compliance with applicable licensing laws and regulations. As part of the review, the department may request that a peer review panel review the plan of operation for a group home as prescribed in paragraph (2), or for a short-term residential treatment center as prescribed in paragraph (3).
(2)The peer review panel shall consist of two representatives from the department, including one from the unit that governs programs and one from the unit that governs licensing, a qualified group home administrator, an experienced group home provider in good standing, and a member or members from the placement agency or agencies that place children in group homes, and may also include the local county behavioral health department, as appropriate.
(3)The peer review panel shall consist of two representatives from the department, including one from the unit that governs programs and one from the unit that governs licensing, a qualified short-term residential treatment center administrator, a short-term residential treatment center provider in good standing, and a member or members from the placement agency or agencies that place children in short-term residential treatment centers, and may also include the local county behavioral health department, as appropriate.
(c)A group home or short-term residential treatment center shall develop a daily schedule of activities for the children at the facility. The facility shall have this schedule available for inspection by the department. The activities in which the children are scheduled to participate shall be designed to meet the needs of the individual child, and shall be based on that childs needs and services plan.
(d)The department shall establish a process, no later than January 1, 2017, for convening the peer review panel as set forth in subdivision (b) for review of the plans of operation for short-term residential treatment centers, and shall develop this process in consultation with the County Welfare Directors Association of California, Chief Probation Officers of California, County Behavioral Health Directors Association of California, and stakeholders.
SEC. 20.Section 1524 of the Health and Safety Code is amended to read:1524.A license shall be forfeited by operation of law when one of the following occurs:
(a)The licensee sells or otherwise transfers the facility or facility property, except when change of ownership applies to transferring of stock when the facility is owned by a corporation, and when the transfer of stock does not constitute a majority change of ownership.
(b)The licensee surrenders the license to the department.
(c)(1)The licensee moves a facility from one location to another. The department shall develop regulations to ensure that the facilities are not charged a full licensing fee and do not have to complete the entire application process when applying for a license for the new location.
(2)This subdivision shall not apply to a licensed foster family home, a home certified by a licensed foster family agency, or a home approved pursuant to Sections 309, 361.4, and 361.45 of the Welfare and Institutions Code. When a foster family home licensee, certified home parent, or a person approved to care for children pursuant to Sections 309, 361.4, and 361.45 of the Welfare and Institutions Code moves to a new location, the existing license, certification, or approval may be transferred to the new location. All caregivers to whom this paragraph applies shall be required to meet all applicable licensing laws and regulations at the new location.
(d)The licensee is convicted of an offense specified in Section 220, 243.4, or 264.1, or paragraph (1) of Section 273a, Section 273d, 288, or 289 of the Penal Code, or is convicted of another crime specified in subdivision (c) of Section 667.5 of the Penal Code.
(e)The licensee dies. If an adult relative notifies the department of his or her desire to continue operation of the facility and submits an application, the department shall expedite the application. The department shall promulgate regulations for expediting applications submitted pursuant to this subdivision.
(f)The licensee abandons the facility.
(g)When the certification issued by the State Department of Developmental Services to a licensee of an Adult Residential Facility for Persons with Special Health Care Needs, licensed pursuant to Article 9 (commencing with Section 1567.50), is rescinded.
(h)When the certification issued by the State Department of Developmental Services to a licensee of an enhanced behavioral supports home, licensed pursuant to Article 9.5 (commencing with Section 1567.61), is rescinded.
(i)When the certificate of program approval issued 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, to a licensee of a community crisis home, licensed pursuant to Article 9.7 (commencing with Section 1567.80), is rescinded.
(j)A group home license issued to a county shall be forfeited by operation of law when the county receives a license to operate a temporary shelter care facility in accordance with Section 1530.8.
(k)A temporary shelter care facility license issued to a private, nonprofit organization under contract with a county shall be forfeited by operation of law upon termination of the contract in accordance with Section 1530.8.
(l)A foster family home license shall be forfeited by operation of law as provided in paragraph (4) of subdivision (r) of Section 16519.5 of the Welfare and Institutions Code.
SEC. 21.Section 1524.6 of the Health and Safety Code is amended to read:1524.6.(a)In addition to any other requirement of this chapter, any group home or short-term residential treatment center, as defined by regulations of the department, providing care for any number of persons, that is not already subject to the requirements of Section 1524.5, shall provide a procedure approved by the licensing agency for immediate response to incidents and complaints, as defined by regulations of the department. This procedure shall include a method of ensuring that the owner, licensee, or person designated by the owner or licensee is notified of the incident or complaint, that the owner, licensee, or person designated by the owner or licensee has personally investigated the matter, and that the person making the complaint or reporting the incident has received a written response, within 30 days of receiving the complaint, of action taken, or a reason why no action needs to be taken.
(b)In order to ensure the opportunity for complaints to be made directly to the owner, licensee, or person designated by the owner or licensee, and to provide the opportunity for the owner, licensee, or person designated by the owner or licensee to meet neighborhood residents and learn of problems in the neighborhood, any group home or short-term residential treatment center shall establish a fixed time on a periodic basis when the owner, licensee, or person designated by the owner or licensee will be present. At this fixed time, information shall be provided to neighborhood residents of the complaint procedure pursuant to Section 1538.
(c)Facilities shall establish procedures to comply with the requirements of this section on or before July 1, 2005.
(d)This section shall not apply to family homes certified by foster family agencies, foster family homes, and small family homes. It is not the intent of the Legislature that this section be applied in a way that is contrary to the childs best interests.
SEC. 22.Section 1525.5 of the Health and Safety Code is amended to read:1525.5.(a) The department may issue provisional licenses to operate community care facilities for facilities that the director determines are in substantial compliance with this chapter and the rules and regulations adopted pursuant to this chapter, provided that no life safety risks are involved, as determined by the director. In determining whether any life safety risks are involved, the director shall require completion of all applicable fire clearances and criminal record clearances as otherwise required by the departments rules and regulations. The provisional license shall expire six months from the date of issuance, or at any earlier time as the director may determine, and may not be renewed. However, the director may extend the term of a provisional license for an additional six months at time of application, if it is determined that more than six months will be required to achieve full compliance with licensing standards due to circumstances beyond the control of the applicant, provided all other requirements for a license have been met.
(b) This section shall not apply to foster family homes.
(c)Notwithstanding subdivision (a), the department may extend the term of a provisional license issued to a foster family agency, not to exceed two years, if it determines that this additional time is required to secure accreditation from an entity identified by the department pursuant to paragraph (8) of subdivision (b) of Section 11463 of the Welfare and Institutions Code and provided that all other requirements for a license have been met.
SEC. 23.Section 1529.2 of the Health and Safety Code is amended to read:1529.2.(a)In addition to the foster parent training provided by community colleges, foster family agencies shall provide a program of training for their certified foster families.
(b)(1)Every licensed foster parent shall complete a minimum of 12 hours of foster parent training, as prescribed in paragraph (3), before the placement of any foster children with the foster parent. In addition, a foster parent shall complete a minimum of eight hours of foster parent training annually, as prescribed in paragraph (4). No child shall be placed in a foster family home unless these requirements are met by the persons in the home who are serving as the foster parents.
(2)(A)Upon the request of the foster parent for a hardship waiver from the postplacement training requirement or a request for an extension of the deadline, the county may, at its option, on a case-by-case basis, waive the postplacement training requirement or extend any established deadline for a period not to exceed one year, if the postplacement training requirement presents a severe and unavoidable obstacle to continuing as a foster parent. Obstacles for which a county may grant a hardship waiver or extension are:
(i)Lack of access to training due to the cost or travel required.
(ii)Family emergency.
(B)Before a waiver or extension may be granted, the foster parent should explore the opportunity of receiving training by video or written materials.
(3)The initial preplacement training shall include, but not be limited to, training courses that cover all of the following:
(A)An overview of the child protective system.
(B)The effects of child abuse and neglect on child development.
(C)Positive discipline and the importance of self-esteem.
(D)Health issues in foster care, including, but not limited to, the authorization, uses, risks, benefits, assistance with self-administration, oversight, and monitoring of psychotropic or other medications, and trauma, mental health, and substance use disorder treatments, for children in foster care under the jurisdiction of the juvenile court, including how to access those treatments.
(E)Accessing education and health services available to foster children.
(F)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(G)Instruction on cultural competency and sensitivity relating to and related best practices for providing adequate care to for children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, and transgender youth in out-of-home care. or transgender.
(H)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(4)The postplacement annual training shall include, but not be limited to, training courses that cover all of the following:
(A)Age-appropriate child development.
(B)Health issues in foster care.
(C)Positive discipline and the importance of self-esteem.
(D)Emancipation and independent living skills if a foster parent is caring for youth.
(E)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(F)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(5)Foster parent training may be attained through a variety of sources, including community colleges, counties, hospitals, foster parent associations, the California State Foster Parent Associations Conference, adult schools, and certified foster parent instructors.
(6)A candidate for placement of foster children shall submit a certificate of training to document completion of the training requirements. The certificate shall be submitted with the initial consideration for placements and provided at the time of the annual visit by the licensing agency thereafter.
(c)Nothing in this section shall preclude a county from requiring county-provided preplacement or postplacement foster parent training in excess of the requirements in this section.
(d)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 23.5.Section 1529.2 of the Health and Safety Code is amended to read:1529.2.(a)In addition to the foster parent training provided by community colleges, foster family agencies shall provide a program of training for their certified foster families.
(b)(1)Every licensed foster parent shall complete a minimum of 12 hours of foster parent training, as prescribed in paragraph (3), before the placement of any foster children with the foster parent. In addition, a foster parent shall complete a minimum of eight hours of foster parent training annually, as prescribed in paragraph (4). No child shall be placed in a foster family home unless these requirements are met by the persons in the home who are serving as the foster parents.
(2)(A)Upon the request of the foster parent for a hardship waiver from the postplacement training requirement or a request for an extension of the deadline, the county may, at its option, on a case-by-case basis, waive the postplacement training requirement or extend any established deadline for a period not to exceed one year, if the postplacement training requirement presents a severe and unavoidable obstacle to continuing as a foster parent. Obstacles for which a county may grant a hardship waiver or extension are:
(i)Lack of access to training due to the cost or travel required.
(ii)Family emergency.
(B)Before a waiver or extension may be granted, the foster parent should explore the opportunity of receiving training by video or written materials.
(3)The initial preplacement training shall include, but not be limited to, training courses that cover all of the following:
(A)An overview of the child protective system.
(B)The effects of child abuse and neglect on child development.
(C)Positive discipline and the importance of self-esteem.
(D)Health issues in foster care. care, including, but not limited to, the authorization, uses, risks, benefits, assistance with self-administration, oversight, and monitoring or psychotropic or other medications, and trauma, mental health, and substance use disorder treatments, for children in foster care under the jurisdiction of the juvenile court, including how to access those treatments, as the information is also described in subdivision (d) of Section 16501.4 of the Welfare and Institutions Code.
(E)Accessing education and health services available to foster children.
(F)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(G)Instruction on cultural competency and sensitivity relating to, and and related best practices for, for providing adequate care to for children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, and transgender youth in out-of-home care. or transgender.
(H)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free harassment- and violence-free school environment contained in the California Student Safety and Violence Prevention Act of 2000 (Article Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code). Code.
(4)The postplacement annual training shall include, but not be limited to, training courses that cover all of the following:
(A)Age-appropriate child development.
(B)Health issues in foster care. care, including, but not limited to, the information described in subdivision (d) of Section 16501.4 of the Welfare and Institutions Code.
(C)Positive discipline and the importance of self-esteem.
(D)Emancipation and independent living skills if a foster parent is caring for youth.
(E)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(F)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(5)Foster parent training may be attained through a variety of sources, including community colleges, counties, hospitals, foster parent associations, the California State Foster Parent Associations Conference, conference, adult schools, and certified foster parent instructors.
(6)A candidate for placement of foster children shall submit a certificate of training to document completion of the training requirements. The certificate shall be submitted with the initial consideration for placements and provided at the time of the annual visit by the licensing agency thereafter.
(c)Nothing in this section shall preclude a county from requiring county-provided preplacement or postplacement foster parent training in excess of the requirements in this section.
(d)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 24.Section 1529.2 is added to the Health and Safety Code, to read:1529.2.(a)It is the intent of the Legislature that all foster parents have the necessary knowledge, skills, and abilities to support the safety, permanency, and well-being of children in foster care. Initial and ongoing preparation and training of foster parents should support the foster parents role in parenting vulnerable children, youth, and young adults, including supporting the childrens connection with their families. Their training should be ongoing in order to provide foster parents with information on new practices and requirements and other helpful topics within the child welfare and probation systems and may be offered in a classroom setting, online, or individually.
(b)A licensed or certified foster parent shall complete a minimum of eight training hours annually, a portion of which shall be from one or more of the following topics, as prescribed by the department, pursuant to subdivision (a):
(1)Age-appropriate child and adolescent development.
(2)Health issues in foster care, including, but not limited to, the authorization, uses, risks, benefits, assistance with self-administration, oversight, and monitoring of psychotropic or other medications, and trauma, mental health, and substance use disorder treatments for children in foster care under the jurisdiction of the juvenile court, including how to access those treatments.
(3)Positive discipline and the importance of self-esteem.
(4)Preparation of children and youth for a successful transition to adulthood.
(5)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(6)Instruction on cultural competency and 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.
(c)In addition to any training required by this section, a foster parent may be required to receive specialized training, as relevant, for the purpose of preparing the foster parent 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 cultural needs of children, including, but not limited to, cultural competency and sensitivity and related best practices for providing adequate care to children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender.
(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.
(d)No child shall be placed with a foster parent unless each foster parent in the home meets the requirements of this section.
(e)(1)Upon the request of the licensed or certified foster parent for a hardship waiver from the annual training requirement or a request for an extension of the deadline, the county may, at its option, on a case-by-case basis, waive the training requirement or extend any established deadline for a period not to exceed one year, if the training requirement presents a severe and unavoidable obstacle to continuing as a foster parent.
(2)Obstacles for which a county may grant a hardship waiver or extension are:
(A)Lack of access to training due to the cost or travel required or lack of child care to participate in the training, when online resources are not available.
(B)Family emergency.
(3)Before a waiver or extension may be granted, the licensed or certified foster parent should explore the opportunity of receiving training online or by video or written materials.
(f)(1)Foster parent training may be obtained through sources that include, but are not necessarily limited to, community colleges, counties, hospitals, foster parent associations, the California State Foster Parent Associations Conference, online resources, adult schools, and certified foster parent instructors.
(2)In addition to the foster parent training provided by community colleges, foster family agencies shall provide a program of training for their certified foster families.
(g)(1)Training certificates shall be submitted to the appropriate licensing or foster family agency.
(2)Upon completion, a licensed or certified parent shall submit a certificate of completion for the annual training requirements.
(h)Nothing in this section shall preclude a county or a foster family agency from requiring foster parent training in excess of the requirements in this section.
(i)This section shall become operative on January 1, 2017.
(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. 24.5.Section 1529.2 is added to the Health and Safety Code, to read:1529.2.(a)It is the intent of the Legislature that all foster parents have the necessary knowledge, skills, and abilities to support the safety, permanency, and well-being of children in foster care. Initial and ongoing preparation and training of foster parents should support the foster parents role in parenting vulnerable children, youth, and young adults, including supporting the childrens connection with their families. Their training should be ongoing in order to provide foster parents with information on new practices and requirements and other helpful topics within the child welfare and probation systems and may be offered in a classroom setting, online, or individually.
(b)A licensed or certified foster parent shall complete a minimum of eight training hours annually, a portion of which shall be from one or more of the following topics, as prescribed by the department, pursuant to subdivision (a):
(1)Age-appropriate child and adolescent development.
(2)Health issues in foster care, including, but not limited to, the authorization, uses, risks, benefits, assistance with self-administration, oversight, and monitoring of psychotropic or other medications, and trauma, mental health, and substance use disorder treatments for children in foster care under the jurisdiction of the juvenile court, including how to access those treatments. Health issues in foster care, including, but not limited to, the authorization, uses, risks, benefits, assistance with self-administration, oversight, and monitoring of psychotropic or other medications, and trauma, mental health, and substance use disorder treatments for children in foster care under the jurisdiction of the juvenile court, including how to access those treatments, as the information is also described in subdivision (d) of Section 16501.4 of the Welfare and Institutions Code.
(3)Positive discipline and the importance of self-esteem.
(4)Preparation of children and youth for a successful transition to adulthood.
(5)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(6)Instruction on cultural competency and 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.
(c)In addition to any training required by this section, a foster parent may be required to receive specialized training, as relevant, for the purpose of preparing the foster parent 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 cultural needs of children, including, but not limited to, cultural competency and sensitivity and related best practices for providing adequate care to children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender.
(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.
(d)No child shall be placed with a foster parent unless each foster parent in the home meets the requirements of this section.
(e)(1)Upon the request of the licensed or certified foster parent for a hardship waiver from the annual training requirement or a request for an extension of the deadline, the county may, at its option, on a case-by-case basis, waive the training requirement or extend any established deadline for a period not to exceed one year, if the training requirement presents a severe and unavoidable obstacle to continuing as a foster parent.
(2)Obstacles for which a county may grant a hardship waiver or extension are:
(A)Lack of access to training due to the cost or travel required or lack of child care to participate in the training, when online resources are not available.
(B)Family emergency.
(3)Before a waiver or extension may be granted, the licensed or certified foster parent should explore the opportunity of receiving training online or by video or written materials.
(f)(1)Foster parent training may be obtained through sources that include, but are not necessarily limited to, community colleges, counties, hospitals, foster parent associations, the California State Foster Parent Associations conference, online resources, adult schools, and certified foster parent instructors.
(2)In addition to the foster parent training provided by community colleges, foster family agencies shall provide a program of training for their certified foster families.
(g)(1)Training certificates shall be submitted to the appropriate licensing or foster family agency.
(2)Upon completion, a licensed or certified parent shall submit a certificate of completion for the annual training requirements.
(h)Nothing in this section shall preclude a county or a foster family agency from requiring foster parent training in excess of the requirements in this section.
(i)This section shall become operative on January 1, 2017.
(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. 25.Section 1530.7 of the Health and Safety Code is amended to read:1530.7.(a)Group homes, short-term residential treatment centers, foster family agencies, small family homes, transitional housing placement providers, and crisis nurseries licensed pursuant to this chapter shall maintain a smoke-free environment in the facility.
(b)A person who is licensed or certified pursuant to this chapter to provide residential care in a foster family home or certified family home shall not smoke or permit any other person to smoke inside the facility, and, when the child is present, on the outdoor grounds of the facility.
(c)A person who is licensed or certified pursuant to this chapter to provide residential foster care shall not smoke in any motor vehicle that is regularly used to transport the child.
SEC. 26.Section 1530.8 of the Health and Safety Code is amended to read:1530.8.(a)(1)The department shall adopt regulations for community care facilities licensed as group homes, and for temporary shelter care facilities as defined in subdivision (c), that care for dependent children, children placed by a regional center, or voluntary placements, who are younger than six years of age. The department shall adopt regulations that apply to short-term residential treatment centers that care for children younger than six years of age. The regulations shall include the standards set forth in subdivision (c) of Section 11467.1 of the Welfare and Institutions Code.
(2)The department shall adopt regulations under this section that apply to minor parent programs serving children younger than six years of age who reside in a group home with a minor parent who is the primary caregiver of the child. The department shall adopt regulations under this section that apply to short-term residential treatment centers that provide minor parent programs serving children younger than six years of age.
(3)To the extent that the department determines they are necessary, the department shall adopt regulations under this section that apply to group homes or short-term residential treatment centers that care for dependent children who are 6 to 12 years of age, inclusive. In order to determine whether such regulations are necessary, and what any resulting standards should include, the department shall consult with interested parties that include, but are not limited to, representatives of current and former foster youth, advocates for children in foster care, county welfare and mental health directors, chief probation officers, representatives of care providers, experts in child development, and representatives of the Legislature. The standards may provide normative guidelines differentiated by the needs specific to children in varying age ranges that fall between 6 and 12 years of age, inclusive. Prior to adopting regulations, the department shall submit for public comment, by July 1, 2017, any proposed regulations.
(b)The regulations shall include physical environment standards, including staffing and health and safety requirements, that meet or exceed state child care standards under Title 5 and Title 22 of the California Code of Regulations.
(c)For purposes of this section, a temporary shelter care facility means any residential facility that meets all of the following requirements:
(1)It is owned and operated by the county or on behalf of a county by a private, nonprofit agency.
(2)It is a 24-hour facility that provides no more than 10 calendar days of residential care and supervision for children under 18 years of age who have been removed from their homes as a result of abuse or neglect, as defined in Section 300 of the Welfare and Institutions Code, or both.
(d)(1)The department may license a temporary shelter care facility pursuant to this chapter on or after January 1, 2016. A temporary shelter care license may be issued only to a county operating a licensed group home, or to an agency on behalf of a county, as of January 1, 2016.
(2)The department shall consult with counties that operate these shelters as licensed group homes to develop a transition plan for the development of temporary shelter care facilities to address the unique circumstances and needs of the populations they serve, while remaining consistent with the principles of the act that added this subdivision.
(3)These transition plans shall describe circumstances under which children will be admitted for a period in excess of 24 hours and reflect necessary staffing levels or staffing transitions.
(e)(1)A group home license issued to a county will be forfeited by operation of law upon receipt of a license to operate a temporary shelter care facility as described in Section 11462.022 of the Welfare and Institutions Code.
(2)Nothing in this subdivision shall preclude a county from applying for and being licensed as a short-term residential treatment center pursuant to Section 1562.01 or a runaway and homeless youth shelter pursuant to Section 1502.35, or a foster family agency as authorized by subdivision (b) of Section 11462.02 of the Welfare and Institutions Code.
SEC. 27.Section 1531.1 of the Health and Safety Code is amended to read:1531.1.(a)A residential facility licensed as an adult residential facility, group home, short-term residential treatment center, small family home, foster family home, or a family home certified by a foster family agency may install and utilize delayed egress devices of the time delay type.
(b)As used in this section, delayed egress device means a device that precludes the use of exits for a predetermined period of time. These devices shall not delay any residents departure from the facility for longer than 30 seconds.
(c)Within the 30 seconds of delay, facility staff may attempt to redirect a resident who attempts to leave the facility.
(d)Any person accepted by a residential facility or family home certified by a foster family agency utilizing delayed egress devices shall meet all of the following conditions:
(1)The person shall have a developmental disability as defined in Section 4512 of the Welfare and Institutions Code.
(2)The person shall be receiving services and case management from a regional center under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code).
(3)An interdisciplinary team, through the Individual Program Plan (IPP) process pursuant to Section 4646.5 of the Welfare and Institutions Code, shall have determined that the person lacks hazard awareness or impulse control and requires the level of supervision afforded by a facility equipped with delayed egress devices, and that but for this placement, the person would be at risk of admission to, or would have no option but to remain in, a more restrictive state hospital or state developmental center placement.
(e)The facility shall be subject to all fire and building codes, regulations, and standards applicable to residential care facilities for the elderly utilizing delayed egress devices, and shall receive approval by the county or city fire department, the local fire prevention district, or the State Fire Marshal for the installed delayed egress devices.
(f)The facility shall provide staff training regarding the use and operation of the egress control devices utilized by the facility, protection of residents personal rights, lack of hazard awareness and impulse control behavior, and emergency evacuation procedures.
(g)The facility shall develop a plan of operation approved by the State Department of Social Services that includes a description of how the facility is to be equipped with egress control devices that are consistent with regulations adopted by the State Fire Marshal pursuant to Section 13143.
(h)The plan shall include, but shall not be limited to, all of the following:
(1)A description of how the facility will provide training for staff regarding the use and operation of the egress control devices utilized by the facility.
(2)A description of how the facility will ensure the protection of the residents personal rights consistent with Sections 4502, 4503, and 4504 of the Welfare and Institutions Code.
(3)A description of how the facility will manage the persons lack of hazard awareness and impulse control behavior.
(4)A description of the facilitys emergency evacuation procedures.
(i)Delayed egress devices shall not substitute for adequate staff. Except for facilities operating in accordance with Section 1531.15, the capacity of the facility shall not exceed six residents.
(j)Emergency fire and earthquake drills shall be conducted at least once every three months on each shift, and shall include all facility staff providing resident care and supervision on each shift.
SEC. 28.Section 1531.15 of the Health and Safety Code is amended to read:1531.15.(a)A licensee of an adult residential facility, short-term residential treatment center, or group home for no more than six residents, except for the larger facilities provided for in paragraph (1) of subdivision (k), that is utilizing delayed egress devices pursuant to Section 1531.1, may install and utilize secured perimeters in accordance with the provisions of this section.
(b)As used in this section, secured perimeters means fences that meet the requirements prescribed by this section.
(c)Only individuals meeting all of the following conditions may be admitted to or reside in a facility described in subdivision (a) utilizing secured perimeters:
(1)The person shall have a developmental disability as defined in Section 4512 of the Welfare and Institutions Code.
(2)The person shall be receiving services and case management from a regional center under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code).
(3)(A)The person shall be 14 years of age or older, except as specified in subparagraph (B).
(B)Notwithstanding subparagraph (A), a child who is at least 10 years of age and less than 14 years of age may be placed in a licensed group home described in subdivision (a) using secured perimeters only if both of the following occur:
(i)A comprehensive assessment is conducted and an individual program plan meeting is convened to determine the services and supports needed for the child to receive services in a less restrictive, unlocked residential setting in California, and the regional center requests assistance from the State Department of Developmental Services statewide specialized resource service to identify options to serve the child in a less restrictive, unlocked residential setting in California.
(ii)The regional center requests placement of the child in a licensed group home described in subdivision (a) using secured perimeters on the basis that the placement is necessary to prevent out-of-state placement or placement in a more restrictive, locked residential setting such as a developmental center, institution for mental disease or psychiatric facility, and the State Department of Developmental Services approves the request.
(4)The person is not a foster child under the jurisdiction of the juvenile court pursuant to Section 300, 450, 601, or 602 of the Welfare and Institutions Code.
(5)(A)An interdisciplinary team, through the individual program plan (IPP) process pursuant to Section 4646.5 of the Welfare and Institutions Code, shall have determined the person lacks hazard awareness or impulse control and, for his or her safety and security, requires the level of supervision afforded by a facility equipped with secured perimeters, and, but for this placement, the person would be at risk of admission to, or would have no option but to remain in, a more restrictive placement. The individual program planning team shall convene every 90 days after admission to determine and document the continued appropriateness of the current placement and progress in implementing the transition plan.
(B)The clients rights advocate for the regional center shall be notified of the proposed admission and the individual program plan meeting and may participate in the individual program plan meeting unless the consumer objects on his or her own behalf.
(d)The licensee shall be subject to all applicable fire and building codes, regulations, and standards, and shall receive approval by the county or city fire department, the local fire prevention district, or the State Fire Marshal for the installed secured perimeters.
(e)The licensee shall provide staff training regarding the use and operation of the secured perimeters, protection of residents personal rights, lack of hazard awareness and impulse control behavior, and emergency evacuation procedures.
(f)The licensee shall revise its facility plan of operation. These revisions shall first be approved by the State Department of Developmental Services. The plan of operation shall not be approved by the State Department of Social Services unless the licensee provides certification that the plan was approved by the State Department of Developmental Services. The plan shall include, but not be limited to, all of the following:
(1)A description of how the facility is to be equipped with secured perimeters that are consistent with regulations adopted by the State Fire Marshal pursuant to Section 13143.6.
(2)A description of how the facility will provide training for staff.
(3)A description of how the facility will ensure the protection of the residents personal rights consistent with Sections 4502, 4503, and 4504 of the Welfare and Institutions Code, and any applicable personal rights provided in Title 22 of the California Code of Regulations.
(4)A description of how the facility will manage residents lack of hazard awareness and impulse control behavior, which shall emphasize positive behavioral supports and techniques that are alternatives to physical, chemical, or mechanical restraints, or seclusion.
(5)A description of the facilitys emergency evacuation procedures.
(6)A description of how the facility will comply with applicable health and safety standards.
(g)Secured perimeters shall not substitute for adequate staff.
(h)Emergency fire and earthquake drills shall be conducted on each shift in accordance with existing licensing requirements, and shall include all facility staff providing resident care and supervision on each shift.
(i)Interior and exterior space shall be available on the facility premises to permit clients to move freely and safely.
(j)For the purpose of using secured perimeters, the licensee shall not be required to obtain a waiver or exception to a regulation that would otherwise prohibit the locking of a perimeter fence or gate.
(k)Except as provided in subdivision (k) of Section 4684.81 of the Welfare and Institutions Code, the state shall not authorize or fund more than a combined total of 150 beds statewide in facilities with secured perimeters under this section and under Section 1267.75. The department shall notify the appropriate fiscal and policy committees of the Legislature through the January and May budget estimates prior to authorizing an increase above a combined total of 100 beds statewide in facilities with secured perimeters under this section and under Section 1267.75.
(1)A minimum of 50 beds shall be available within programs designed for individuals who are designated incompetent to stand trial pursuant to Section 1370.1 of the Penal Code. These beds shall be within facilities that are exclusively used to provide care for individuals who are placed and participating in forensic competency training pursuant to Section 1370.1 of the Penal Code, except as provided in paragraph (2). No more than half of these facilities may have more than six beds and no facility may have more than 15 beds.
(2)When, in the joint determination of the regional center and the facility administrator, an individual would be most appropriately served in a specific program, regardless of whether the facility meets the criteria established in paragraph (1), individuals who are not similarly designated may be placed in the same facility. That placement may occur only when the individuals planning team determines that the placement and the facility plan of operation meet the individuals needs and that placement is not incompatible with the needs and safety of other facility residents.
(l)This section shall become operative only upon the publication in Title 17 of the California Code of Regulations of emergency regulations filed by the State Department of Developmental Services. These regulations shall be developed with stakeholders, including the State Department of Social Services, consumer advocates, and regional centers. The regulations shall establish program standards for homes that include secured perimeters, including requirements and timelines for the completion and updating of a comprehensive assessment of each consumers needs, including the identification through the individual program plan process of the services and supports needed to transition the consumer to a less restrictive living arrangement, and a timeline for identifying or developing those services and supports. The regulations shall establish a statewide limit on the total number of beds in homes with secured perimeters. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare.
SEC. 29.Section 1534 of the Health and Safety Code, as amended by Section 4 of Chapter 20 of the Statutes of 2015, is amended to read:1534.(a)(1)(A)Except for foster family homes, every licensed community care facility shall be subject to unannounced inspections by the department.
(B)Foster family homes shall be subject to announced inspections by the department, except that a foster family home shall be subject to unannounced inspections in response to a complaint, a plan of correction, or under any of the circumstances set forth in subparagraph (B) of paragraph (2).
(2)(A)The department may inspect these facilities as often as necessary to ensure the quality of care provided.
(B)The department shall conduct an annual unannounced inspection of a facility under any of the following circumstances:
(i)When a license is on probation.
(ii)When the terms of agreement in a facility compliance plan require an annual inspection.
(iii)When an accusation against a licensee is pending.
(iv)When a facility requires an annual inspection as a condition of receiving federal financial participation.
(v)In order to verify that a person who has been ordered out of a facility by the department is no longer at the facility.
(C)(i)The department shall conduct annual unannounced inspections of no less than 20 percent of facilities, except for foster family homes, not subject to an inspection under subparagraph (B).
(ii)The department shall conduct annual announced inspections of no less than 20 percent of foster family homes not subject to an inspection under subparagraph (B).
(iii)These inspections shall be conducted based on a random sampling methodology developed by the department.
(iv)If the total citations issued by the department to facilities exceed the previous years total by 10 percent, the following year the department shall increase the random sample by an additional 10 percent of the facilities not subject to an inspection under subparagraph (B). The department may request additional resources to increase the random sample by 10 percent.
(v)The department shall not inspect a licensed community care facility less often than once every five years.
(3)In order to facilitate direct contact with group home or short-term residential treatment center clients, the department may interview children who are clients of group homes or short-term residential treatment centers at any public agency or private agency at which the client may be found, including, but not limited to, a juvenile hall, recreation or vocational program, or a public or nonpublic school. The department shall respect the rights of the child while conducting the interview, including informing the child that he or she has the right not to be interviewed and the right to have another adult present during the interview.
(4)The department shall notify the community care facility in writing of all deficiencies in its compliance with the provisions of this chapter and the rules and regulations adopted pursuant to this chapter, and shall set a reasonable length of time for compliance by the facility.
(5)Reports on the results of each inspection, evaluation, or consultation shall be kept on file in the department, and all inspection reports, consultation reports, lists of deficiencies, and plans of correction shall be open to public inspection.
(b)(1)This section does not limit the authority of the department to inspect or evaluate a licensed foster family agency, a certified family home, or any aspect of a program in which a licensed community care facility is certifying compliance with licensing requirements.
(2)(A)A foster family agency shall conduct an announced inspection of a certified family home during the annual recertification described in Section 1506 in order to ensure that the certified family home meets all applicable licensing standards. A foster family agency may inspect a certified family home as often as necessary to ensure the quality of care provided.
(B)In addition to the inspections required pursuant to subparagraph (A), a foster family agency shall conduct an unannounced inspection of a certified family home under any of the following circumstances:
(i)When a certified family home is on probation.
(ii)When the terms of the agreement in a facility compliance plan require an annual inspection.
(iii)When an accusation against a certified family home is pending.
(iv)When a certified family home requires an annual inspection as a condition of receiving federal financial participation.
(v)In order to verify that a person who has been ordered out of a certified family home by the department is no longer at the home.
(3)Upon a finding of noncompliance by the department, the department may require a foster family agency to deny or revoke the certificate of approval of a certified family home, or take other action the department may deem necessary for the protection of a child placed with the certified family home. The certified parent or prospective foster parent shall be afforded the due process provided pursuant to this chapter.
(4)If the department requires a foster family agency to deny or revoke the certificate of approval, the department shall serve an order of denial or revocation upon the certified or prospective foster parent and foster family agency that shall notify the certified or prospective foster parent of the basis of the departments action and of the certified or prospective foster parents right to a hearing.
(5)Within 15 days after the department serves an order of denial or revocation, the certified or prospective foster parent may file a written appeal of the departments decision with the department. The departments action shall be final if the certified or prospective foster parent does not file a written appeal within 15 days after the department serves the denial or revocation order.
(6)The departments order of the denial or revocation of the certificate of approval shall remain in effect until the hearing is completed and the director has made a final determination on the merits.
(7)A certified or prospective foster parent who files a written appeal of the departments order with the department pursuant to this section shall, as part of the written request, provide his or her current mailing address. The certified or prospective foster parent shall subsequently notify the department in writing of any change in mailing address, until the hearing process has been completed or terminated.
(8)Hearings held pursuant to this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. In all proceedings conducted in accordance with this section the standard of proof shall be by a preponderance of the evidence.
(9)The department may institute or continue a disciplinary proceeding against a certified or prospective foster parent upon any ground provided by this section or Section 1550, enter an order denying or revoking the certificate of approval, or otherwise take disciplinary action against the certified or prospective foster parent, notwithstanding any resignation, withdrawal of application, surrender of the certificate of approval, or denial or revocation of the certificate of approval by the foster family agency.
(10)A foster family agencys failure to comply with the departments order to deny or revoke the certificate of approval by placing or retaining children in care shall be grounds for disciplining the licensee pursuant to Section 1550.
(c)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 30.Section 1534 of the Health and Safety Code, as added by Section 5 of Chapter 20 of the Statutes of 2015, is amended to read:1534.(a)(1)(A)Except for foster family homes, every licensed community care facility shall be subject to unannounced inspections by the department.
(B)Foster family homes shall be subject to announced inspections by the department, except that a foster family home shall be subject to unannounced inspections in response to a complaint, a plan of correction, or under any of the circumstances set forth in subparagraph (B) of paragraph (2).
(2)(A)The department may inspect these facilities as often as necessary to ensure the quality of care provided.
(B)The department shall conduct an annual unannounced inspection of a facility under any of the following circumstances:
(i)When a license is on probation.
(ii)When the terms of agreement in a facility compliance plan require an annual inspection.
(iii)When an accusation against a licensee is pending.
(iv)When a facility requires an annual inspection as a condition of receiving federal financial participation.
(v)In order to verify that a person who has been ordered out of a facility by the department is no longer at the facility.
(C)On and after January 1, 2017, and until January 1, 2018, the following shall apply:
(i)Except for foster family homes, the department shall conduct annual unannounced inspections of no less than 30 percent of every licensed community care facility not subject to an inspection under subparagraph (B).
(ii)The department shall conduct annual announced inspections of no less than 30 percent of foster family homes not subject to an inspection under subparagraph (B).
(iii)These inspections shall be conducted based on a random sampling methodology developed by the department.
(iv)The department shall inspect a licensed community care facility at least once every three years.
(D)On and after January 1, 2018, and until January 1, 2019, the following shall apply:
(i)The department shall conduct annual unannounced inspections of no less than 20 percent of adult residential facilities, adult day programs, social rehabilitation facilities, enhanced behavioral support homes for adults, and community crisis homes, as defined in Section 1502, which are not subject to an inspection under subparagraph (B).
(ii)These inspections shall be conducted based on a random sampling methodology developed by the department.
(iii)The department shall inspect an adult residential facility, adult day program, social rehabilitation facility, enhanced behavioral support home for adults, and community crisis home, as defined in Section 1502, at least once every two years.
(E)On and after January 1, 2019, the department shall conduct annual unannounced inspections of all adult residential facilities, adult day programs, social rehabilitation facilities, enhanced behavioral support homes for adults, and community crisis homes, as defined in Section 1502, and adult residential facilities for persons with special health care needs, as defined in Section 4684.50 of the Welfare and Institutions Code.
(F)On and after January 1, 2018, the following shall apply:
(i)Except for foster family homes, the department shall conduct annual unannounced inspections of no less than 20 percent of residential care facilities for children, as defined in Section 1502, including enhanced behavioral support homes for children, transitional housing placement providers, and foster family agencies not subject to an inspection under subparagraph (B).
(ii)The department shall conduct annual announced inspections of no less than 20 percent of foster family homes, as defined in Section 1502, not subject to an inspection under subparagraph (B).
(iii)The inspections in clauses (i) and (ii) shall be conducted based on a random sampling methodology developed by the department.
(iv)The department shall conduct unannounced inspections of residential care facilities for children, as defined in Section 1502, including enhanced behavioral support homes for children, transitional housing placement providers, and foster family agencies, and announced inspections of foster family homes, at least once every two years.
(3)In order to facilitate direct contact with group home or short-term residential treatment center clients, the department may interview children who are clients of group homes or short-term residential treatment centers at any public agency or private agency at which the client may be found, including, but not limited to, a juvenile hall, recreation or vocational program, or a public or nonpublic school. The department shall respect the rights of the child while conducting the interview, including informing the child that he or she has the right not to be interviewed and the right to have another adult present during the interview.
(4)The department shall notify the community care facility in writing of all deficiencies in its compliance with the provisions of this chapter and the rules and regulations adopted pursuant to this chapter, and shall set a reasonable length of time for compliance by the facility.
(5)Reports on the results of each inspection, evaluation, or consultation shall be kept on file in the department, and all inspection reports, consultation reports, lists of deficiencies, and plans of correction shall be open to public inspection.
(b)(1)This section does not limit the authority of the department to inspect or evaluate a licensed foster family agency, a certified family home, or any aspect of a program in which a licensed community care facility is certifying compliance with licensing requirements.
(2)(A)A foster family agency shall conduct an announced inspection of a certified family home during the annual recertification described in Section 1506 in order to ensure that the certified family home meets all applicable licensing standards. A foster family agency may inspect a certified family home as often as necessary to ensure the quality of care provided.
(B)In addition to the inspections required pursuant to subparagraph (A), a foster family agency shall conduct an unannounced inspection of a certified family home under any of the following circumstances:
(i)When a certified family home is on probation.
(ii)When the terms of the agreement in a facility compliance plan require an annual inspection.
(iii)When an accusation against a certified family home is pending.
(iv)When a certified family home requires an annual inspection as a condition of receiving federal financial participation.
(v)In order to verify that a person who has been ordered out of a certified family home by the department is no longer at the home.
(3)Upon a finding of noncompliance by the department, the department may require a foster family agency to deny or revoke the certificate of approval of a certified family home, or take other action the department may deem necessary for the protection of a child placed with the certified family home. The certified parent or prospective foster parent shall be afforded the due process provided pursuant to this chapter.
(4)If the department requires a foster family agency to deny or revoke the certificate of approval, the department shall serve an order of denial or revocation upon the certified or prospective foster parent and foster family agency that shall notify the certified or prospective foster parent of the basis of the departments action and of the certified or prospective foster parents right to a hearing.
(5)Within 15 days after the department serves an order of denial or revocation, the certified or prospective foster parent may file a written appeal of the departments decision with the department. The departments action shall be final if the certified or prospective foster parent does not file a written appeal within 15 days after the department serves the denial or revocation order.
(6)The departments order of the denial or revocation of the certificate of approval shall remain in effect until the hearing is completed and the director has made a final determination on the merits.
(7)A certified or prospective foster parent who files a written appeal of the departments order with the department pursuant to this section shall, as part of the written request, provide his or her current mailing address. The certified or prospective foster parent shall subsequently notify the department in writing of any change in mailing address, until the hearing process has been completed or terminated.
(8)Hearings held pursuant to this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. In all proceedings conducted in accordance with this section the standard of proof shall be by a preponderance of the evidence.
(9)The department may institute or continue a disciplinary proceeding against a certified or prospective foster parent upon any ground provided by this section or Section 1550, enter an order denying or revoking the certificate of approval, or otherwise take disciplinary action against the certified or prospective foster parent, notwithstanding any resignation, withdrawal of application, surrender of the certificate of approval, or denial or revocation of the certificate of approval by the foster family agency.
(10)A foster family agencys failure to comply with the departments order to deny or revoke the certificate of approval by placing or retaining children in care shall be grounds for disciplining the licensee pursuant to Section 1550.
(c)This section shall become operative on January 1, 2017.
SEC. 31.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, 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.
(b)Subject to subdivision (c), to encourage the recruitment of foster family homes and certified family homes of foster family agencies, protect their personal privacy, and to preserve the security and confidentiality of the placements in the homes, the names, addresses, and other identifying information of facilities licensed as foster family homes and certified family homes of foster family agencies providing 24-hour care for six or fewer children shall be considered personal information for purposes of the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). This information shall not be disclosed by any state or local agency pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), except as necessary for administering the licensing program, facilitating the placement of children in these facilities, and providing names and addresses, 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)Notwithstanding subdivision (b), the department, a county, or a foster family agency may request information from, or divulge information to, the department, a county, or a foster family agency, regarding a prospective certified parent, foster parent, or relative caregiver for the purpose of, and as necessary to, conduct a reference check to determine whether it is safe and appropriate to license, certify, or approve an applicant to be a certified parent, foster parent, or relative caregiver.
(d)The department may issue a citation and, after the issuance of that citation, may assess a civil penalty of fifty dollars ($50) per day for each instance of a foster family agencys failure to provide the department with the information required by subdivision (h) of Section 88061 of Title 22 of the California Code of Regulations.
(e)The Legislature encourages the department, when funds are available for this purpose, to develop a database that would include all of the following information:
(1)Monthly reports by a foster family agency regarding family homes.
(2)A log of family homes certified and decertified, provided by a foster family agency to the department.
(3)Notification by a foster family agency to the department informing the department of a foster family agencys determination to decertify a certified family home due to any of the following actions by the certified family parent:
(A)Violating licensing rules and regulations.
(B)Aiding, abetting, or permitting the violation of licensing rules and regulations.
(C)Conducting oneself in a way that is inimical to the health, morals, welfare, or safety of a child placed in that certified family home.
(D)Being convicted of a crime while a certified family parent.
(E)Knowingly allowing any child to have illegal drugs or alcohol.
(F)Committing an act of child abuse or neglect or an act of violence against another person.
SEC. 31.5.Section 1536 of the Health and Safety Code is amended to read:1536.(a)(1)At least annually, the director department shall publish and make available to interested persons a list or lists covering all licensed community care facilities, other than foster family homes and certified family homes of foster family agencies providing 24-hour care for six or fewer foster children, and the services for which each facility has been licensed or issued a special permit.
(2)For a group home, transitional housing placement provider, community treatment facility, or runaway and homeless youth shelter, or short-term residential treatment center, the list shall include both of the following:
(A)The number of licensing complaints, types of complaint, and outcomes of complaints, including citations, fines, exclusion orders, license suspensions, revocations, and surrenders.
(B)The number, types, and outcomes of law enforcement contacts made by the facility staff or children, as reported pursuant to subdivision (a) of Section 1538.7.
(b)Subject to subdivision (c), to encourage the recruitment of foster family homes and certified family homes of foster family agencies, protect their personal privacy, and to preserve the security and confidentiality of the placements in the homes, the names, addresses, and other identifying information of facilities licensed as foster family homes and certified family homes of foster family agencies providing 24-hour care for six or fewer children shall be considered personal information for purposes of the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). This information shall not be disclosed by any state or local agency pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), except as necessary for administering the licensing program, facilitating the placement of children in these facilities, and providing names and addresses addresses, upon request, only to bona fide professional foster parent organizations upon request. and to professional organizations educating foster parents, including the Foster and Kinship Care Education Program of the California Community Colleges.
(c)Notwithstanding subdivision (b), the department, a county, or a foster family agency may request information from, or divulge information to, the department, a county, or a foster family agency, regarding a prospective certified parent, foster parent, or relative caregiver for the purpose of, and as necessary to, conduct a reference check to determine whether it is safe and appropriate to license, certify, or approve an applicant to be a certified parent, foster parent, or relative caregiver.
(d)The department may issue a citation and, after the issuance of that citation, may assess a civil penalty of fifty dollars ($50) per day for each instance of a foster family agencys failure to provide the department with the information required by subdivision (h) of Section 88061 of Title 22 of the California Code of Regulations.
(e)The Legislature encourages the department, when funds are available for this purpose, to develop a database that would include all of the following information:
(1)Monthly reports by a foster family agency regarding family homes.
(2)A log of family homes certified and decertified, provided by a foster family agency to the department.
(3)Notification by a foster family agency to the department informing the department of a foster family agencys determination to decertify a certified family home due to any of the following actions by the certified family parent:
(A)Violating licensing rules and regulations.
(B)Aiding, abetting, or permitting the violation of licensing rules and regulations.
(C)Conducting oneself in a way that is inimical to the health, morals, welfare, or safety of a child placed in that certified family home.
(D)Being convicted of a crime while a certified family parent.
(E)Knowingly allowing any child to have illegal drugs or alcohol.
(F)Committing an act of child abuse or neglect or an act of violence against another person.
(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 childs identity and records.
SEC. 32.Section 1538.3 of the Health and Safety Code is amended to read:1538.3.A county may develop a cooperative agreement with the department to access disclosable, public record information from an automated system, other than the system described in Section 1538.2, concerning substantiated complaints for all group home or short-term residential treatment centers, as defined by regulations of the department, located within that county. Access to the database may be accomplished through a secure online transaction protocol.
SEC. 33.Section 1538.5 of the Health and Safety Code is amended to read:1538.5.(a)(1)Not less than 30 days prior to the anniversary of the effective date of a residential community care facility license, except licensed foster family homes, the department may transmit a copy to the board members of the licensed facility, parents, legal guardians, conservators, clients rights advocates, or placement agencies, as designated in each residents placement agreement, of all inspection reports given to the facility by the department during the past year as a result of a substantiated complaint regarding a violation of this chapter relating to resident abuse and neglect, food, sanitation, incidental medical care, and residential supervision. During that one-year period the copy of the notices transmitted and the proof of the transmittal shall be open for public inspection.
(2)The department may transmit copies of the inspection reports referred to in paragraph (1) concerning a group home or short-term residential treatment center, as defined by regulations of the department, to the county in which the group home or short-term residential treatment center is located, if requested by that county.
(3)A group home or short-term residential treatment center shall maintain, at the facility, a copy of all licensing reports for the past three years that would be accessible to the public through the department, for inspection by placement officials, current and prospective facility clients, and these clients family members who visit the facility.
(b)The facility operator, at the expense of the facility, shall transmit a copy of all substantiated complaints, by certified mail, to those persons described pursuant to paragraph (1) of subdivision (a) in the following cases:
(1)In the case of a substantiated complaint relating to resident physical or sexual abuse, the facility shall have three days from the date the facility receives the licensing report from the department to comply.
(2)In the case in which a facility has received three or more substantiated complaints relating to the same violation during the past 12 months, the facility shall have five days from the date the facility receives the licensing report to comply.
(c)A residential facility shall retain a copy of the notices transmitted pursuant to subdivision (b) and proof of their transmittal by certified mail for a period of one year after their transmittal.
(d)If a residential facility to which this section applies fails to comply with this section, as determined by the department, the department shall initiate civil penalty action against the facility in accordance with this article and the related rules and regulations.
(e)Not less than 30 days prior to the anniversary of the effective date of the license of any group home or short-term residential treatment center, as defined by regulations of the department, at the request of the county in which the group home or short-term residential treatment center is located, a group home or short-term residential treatment center shall transmit to the county a copy of all incident reports prepared by the group home or short-term residential treatment center and transmitted to a placement agency, as described in subdivision (f) of Section 1536.1, in a county other than the county in which the group home or short-term residential treatment center is located that involved a response by local law enforcement or emergency services personnel, including runaway incidents. The county shall designate an official for the receipt of the incident reports and shall notify the group home or short-term residential treatment center of the designation. Prior to transmitting copies of incident reports to the county, the group home or short-term residential treatment center shall redact the name of any child referenced in the incident reports, and other identifying information regarding any child referenced in the reports. The county may review the incident reports to ensure that the group home or short-term residential treatment center has taken appropriate action to ensure the health and safety of the residents of the facility.
(f)The department shall notify the residential community care facility of its obligation when it is required to comply with this section.
SEC. 34.Section 1538.6 of the Health and Safety Code is amended to read:1538.6.(a)When the department periodically reviews the record of substantiated complaints against each group home or short-term residential treatment center, pursuant to its oversight role as prescribed by Section 1534, to determine whether the nature, number, and severity of incidents upon which complaints were based constitute a basis for concern as to whether the provider is capable of effectively and efficiently operating the program, and if the department determines that there is cause for concern, it may contact the county in which a group home or short-term residential treatment center is located and placement agencies in other counties using the group home or short-term residential treatment center, and request their recommendations as to what action, if any, the department should take with regard to the providers status as a licensed group home or short-term residential treatment center provider.
(b)It is the intent of the Legislature that the department make every effort to communicate with the county in which a group home or short-term residential treatment center is located when the department has concerns about group homes or short-term residential treatment centers within that county.
SEC. 35.Section 1538.7 of the Health and Safety Code is amended to read:1538.7.(a)A group home, transitional housing placement provider, community treatment facility, runaway and homeless youth shelter, or short-term residential treatment center shall report to the departments Community Care Licensing Division upon the occurrence of any incident concerning a child in the facility involving contact with law enforcement. At least every six months, the facility shall provide a followup report for each incident, including the type of incident, whether the incident involved an alleged violation of any crime described in Section 602 of the Welfare and Institutions Code by a child residing in the facility; whether staff, children, or both were involved; the gender, race, ethnicity, and age of children involved; and the outcomes, including arrests, removals of children from placement, or termination or suspension of staff.
(b)(1)If the department determines that, based on the licensed capacity, a facility has reported, pursuant to subdivision (a), a greater than average number of law enforcement contacts involving an alleged violation of any crime described in Section 602 of the Welfare and Institutions Code by a child residing in the facility, the department shall inspect the facility at least once a year.
(2)An inspection conducted pursuant to paragraph (1) does not constitute an unannounced inspection required pursuant to Section 1534.
(c)If an inspection is required pursuant to subdivision (b), the Community Care Licensing Division shall provide the report to the departments Children and Family Services Division and to any other public agency that has certified the facilitys program or any component of the facilitys program including, but not limited to, the State Department of Health Care Services, which certifies group homes or short-term residential treatment centers pursuant to Section 4096.5 of the Welfare and Institutions Code.
SEC. 36.Section 1548 of the Health and Safety Code, as added by Section 2 of Chapter 813 of the Statutes of 2014, is amended to read:1548.(a)In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department may levy a civil penalty.
(b)The amount of the civil penalty shall not be less than twenty-five dollars ($25) or more than fifty dollars ($50) per day for each violation of this chapter except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. In no event, shall a civil penalty assessment exceed one hundred fifty dollars ($150) per day per violation.
(c)Notwithstanding Section 1534, the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations:
(1)(A)Fire clearance violations, including, but not limited to, overcapacity, ambulatory status, inoperable smoke alarms, and inoperable fire alarm systems. The civil penalty shall not be assessed if the licensee has done either of the following:
(i)Requested the appropriate fire clearance based on ambulatory, nonambulatory, or bedridden status, and the decision is pending.
(ii)Initiated eviction proceedings.
(B)A licensee denied a clearance for bedridden residents may appeal to the fire authority, and, if that appeal is denied, may subsequently appeal to the Office of the State Fire Marshal, and shall not be assessed an immediate civil penalty until the final appeal is decided, or after 60 days has passed from the date of the citation, whichever is earlier.
(2)Absence of supervision, as required by statute or regulation.
(3)Accessible bodies of water when prohibited in this chapter or regulations adopted pursuant to this chapter.
(4)Accessible firearms, ammunition, or both.
(5)Refused entry to a facility or any part of a facility in violation of Section 1533, 1534, or 1538.
(6)The presence of an excluded person on the premises.
(d)(1)For a violation that the department determines resulted in the death of a resident at an adult residential facility, social rehabilitation facility, enhanced behavioral supports home, or community crisis home, the civil penalty shall be fifteen thousand dollars ($15,000).
(2)For a violation that the department determines resulted in the death of a person receiving care at an adult day program, the civil penalty shall be assessed as follows:
(A)Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensees facilities, to care for 50 or less persons.
(B)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for more than 50 persons.
(3)For a violation that the department determines resulted in the death of a person receiving care at a therapeutic day services facility, foster family agency, community treatment facility, full-service adoption agency, noncustodial adoption agency, transitional shelter care facility, transitional housing placement provider, group home, or short-term residential treatment center, the civil penalty shall be assessed as follows:
(A)Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensees facilities, to care for 40 or less children.
(B)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for 41 to 100, inclusive, children.
(C)Fifteen thousand dollars ($15,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(4)For a violation that the department determines resulted in the death of a resident at a runaway and homeless youth shelter, the civil penalty shall be five thousand dollars ($5,000).
(e)(1)(A)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident at an adult residential facility, social rehabilitation facility, enhanced behavioral supports home, or community crisis home, the civil penalty shall be ten thousand dollars ($10,000).
(B)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a person receiving care at an adult day program, the civil penalty shall be assessed as follows:
(i)Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensees facilities, to care for 50 or less persons.
(ii)Five thousand dollars ($5,000) for a licensee licensed, among all of the licensees facilities, to care for more than 50 persons.
(C)For a violation that the department determines constitutes physical abuse, as defined in paragraph (2), or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a person receiving care at a therapeutic day services facility, foster family agency, community treatment facility, full-service adoption agency, noncustodial adoption agency, transitional shelter care facility, transitional housing placement provider, group home, or short-term residential treatment center, the civil penalty shall be assessed as follows:
(i)Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensees facilities, to care for 40 or less children.
(ii)Five thousand dollars ($5,000) for a licensee licensed, among all of the licensees facilities, to care for 41 to 100, inclusive, children.
(iii)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(D)For a violation that the department determines constitutes physical abuse, as defined in paragraph (2), or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident at a runaway and homeless youth shelter, the civil penalty shall be one thousand dollars ($1,000).
(2)For purposes of subparagraphs (C) and (D), physical abuse includes physical injury inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165.1 of the Penal Code, neglect as defined in Section 11165.2 of the Penal Code, or unlawful corporal punishment or injury as defined in Section 11165.4 of the Penal Code when the person responsible for the childs welfare is a licensee, administrator, or employee of any facility licensed to care for children.
(f)Prior to the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the director.
(g)Notwithstanding Section 1534, any facility that is cited for repeating the same violation of this chapter within 12 months of the first violation is subject to an immediate civil penalty of one hundred fifty dollars ($150) and fifty dollars ($50) for each day the violation continues until the deficiency is corrected.
(h)Any facility that is assessed a civil penalty pursuant to subdivision (g) that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) is subject to an immediate civil penalty of one hundred fifty dollars ($150) for each day the violation continues until the deficiency is corrected.
(i)(1)The department shall adopt regulations setting forth the appeal procedures for deficiencies.
(2)A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 10 days of receipt of the notice of a civil penalty assessment and shall provide all supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. If the regional manager determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the regional managers decision within 60 days of the request to review the assessment of the civil penalty.
(3)The licensee may further appeal to the program administrator of the Community Care Licensing Division within 10 days of receipt of the notice of the regional managers decision and shall provide all supporting documentation at that time. If the program administrator determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the program administrators decision within 60 days of the request to review the regional managers decision.
(4)The licensee may further appeal to the deputy director of the Community Care Licensing Division within 10 days of receipt of the notice of the program directors decision and shall provide all supporting documentation at that time. If the deputy director determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the deputy directors decision within 60 days of the request to review the program administrators decision.
(5)Upon exhausting the deputy director review, a licensee may appeal a civil penalty assessed pursuant to subdivision (d) or (e) to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.
(6)If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.
(j)The department shall adopt regulations implementing this section.
(k)The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by the act that added this subdivision.
(l)As provided in Section 11466.31 of the Welfare and Institutions Code, the department may offset civil penalties owed by a group home or short-term residential treatment center against moneys to be paid by a county for the care of minors after the group home or short-term residential treatment center has exhausted its appeal of the civil penalty assessment. The department shall provide the group home or short-term residential treatment center a reasonable opportunity to pay the civil penalty before instituting the offset provision.
(m)This section shall become operative on July 1, 2015.
SEC. 36.5.Section 1548 of the Health and Safety Code, as added by Section 2 of Chapter 813 of the Statutes of 2014, is amended to read:1548.(a)In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department may levy a civil penalty.
(b)The amount of the civil penalty shall not be less than twenty-five dollars ($25) or more than fifty dollars ($50) per day for each violation of this chapter except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. In no event, shall Except as otherwise provided in this chapter, a civil penalty assessment shall not exceed one hundred fifty dollars ($150) per day per violation.
(c)Notwithstanding Section 1534, the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations:
(1)(A)Fire clearance violations, including, but not limited to, overcapacity, ambulatory status, inoperable smoke alarms, and inoperable fire alarm systems. The civil penalty shall not be assessed if the licensee has done either of the following:
(i)Requested the appropriate fire clearance based on ambulatory, nonambulatory, or bedridden status, and the decision is pending.
(ii)Initiated eviction proceedings.
(B)A licensee denied a clearance for bedridden residents may appeal to the fire authority, and, if that appeal is denied, may subsequently appeal to the Office of the State Fire Marshal, and shall not be assessed an immediate civil penalty until the final appeal is decided, or after 60 days has passed from the date of the citation, whichever is earlier.
(2)Absence of supervision, as required by statute or regulation.
(3)Accessible bodies of water when prohibited in this chapter or regulations adopted pursuant to this chapter.
(4)Accessible firearms, ammunition, or both.
(5)Refused entry to a facility or any part of a facility in violation of Section 1533, 1534, or 1538.
(6)The presence of an excluded person on the premises.
(d)(1)For a violation that the department determines resulted in the death of a resident at an adult residential facility, social rehabilitation facility, enhanced behavioral supports home, or community crisis home, the civil penalty shall be fifteen thousand dollars ($15,000).
(2)For a violation that the department determines resulted in the death of a person receiving care at an adult day program, the civil penalty shall be assessed as follows:
(A)Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensees facilities, to care for 50 or less persons.
(B)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for more than 50 persons.
(3)For a violation that the department determines resulted in the death of a person receiving care at a therapeutic day services facility, foster family agency, community treatment facility, full-service adoption agency, noncustodial adoption agency, transitional shelter care facility, transitional housing placement provider, or group home, or short-term residential treatment center, the civil penalty shall be assessed as follows:
(A)Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensees facilities, to care for 40 or less children.
(B)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for 41 to 100, inclusive, children.
(C)Fifteen thousand dollars ($15,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(4)For a violation that the department determines resulted in the death of a resident at a runaway and homeless youth shelter, the civil penalty shall be five thousand dollars ($5,000).
(e)(1)(A)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident at an adult residential facility, social rehabilitation facility, enhanced behavioral supports home, or community crisis home, the civil penalty shall be ten thousand dollars ($10,000).
(B)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a person receiving care at an adult day program, the civil penalty shall be assessed as follows:
(i)Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensees facilities, to care for 50 or less persons.
(ii)Five thousand dollars ($5,000) for a licensee licensed, among all of the licensees facilities, to care for more than 50 persons.
(C)For a violation that the department determines constitutes physical abuse, as defined in paragraph (2), or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a person receiving care at a therapeutic day services facility, foster family agency, community treatment facility, full-service adoption agency, noncustodial adoption agency, transitional shelter care facility, transitional housing placement provider, or group home, or short-term residential treatment center, the civil penalty shall be assessed as follows:
(i)Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensees facilities, to care for 40 or less children.
(ii)Five thousand dollars ($5,000) for a licensee licensed, among all of the licensees facilities, to care for 41 to 100, inclusive, children.
(iii)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(D)For a violation that the department determines constitutes physical abuse, as defined in paragraph (2), or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident at a runaway and homeless youth shelter, the civil penalty shall be one thousand dollars ($1,000).
(2)For purposes of subparagraphs (C) and (D), physical abuse includes physical injury inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165.1 of the Penal Code, neglect as defined in Section 11165.2 of the Penal Code, or unlawful corporal punishment or injury as defined in Section 11165.4 of the Penal Code when the person responsible for the childs welfare is a licensee, administrator, or employee of any facility licensed to care for children.
(f)Prior to the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the director. program administrator of the Community Care Licensing Division.
(g)Notwithstanding Section 1534, any facility that is cited for repeating the same violation of this chapter within 12 months of the first violation is subject to an immediate civil penalty of one hundred fifty dollars ($150) and fifty dollars ($50) for each day the violation continues until the deficiency is corrected.
(h)Any facility that is assessed a civil penalty pursuant to subdivision (g) that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) is subject to an immediate civil penalty of one hundred fifty dollars ($150) for each day the violation continues until the deficiency is corrected.
(i)(1)The department shall adopt regulations setting forth the appeal procedures for deficiencies.
(2)A notification of a deficiency written by a representative of the department shall include a factual description of the nature of the deficiency fully stating the manner in which the licensee failed to comply with the specified statute or regulation, and, if applicable, the particular place or area of the facility in which the deficiency occurred.
(2)
(j)(1)A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 10 15 business days of receipt of the notice of a civil penalty assessment and shall provide all available supporting documentation at that time. The review shall be conducted by a regional manager the deputy director of the Community Care Licensing Division. If the regional manager The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the deputy director determines that the civil penalty was not assessed assessed, or the finding of deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. penalty or finding of deficiency. The licensee shall be notified in writing of the regional managers deputy directors decision within 60 business days of the request to review the assessment of the civil penalty. date when all necessary information has been provided to the department by the licensee.
(3)The licensee may further appeal to the program administrator of the Community Care Licensing Division within 10 days of receipt of the notice of the regional managers decision and shall provide all supporting documentation at that time. If the program administrator determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the program administrators decision within 60 days of the request to review the regional managers decision.
(4)The licensee may further appeal to the deputy director of the Community Care Licensing Division within 10 days of receipt of the notice of the program directors decision and shall provide all supporting documentation at that time. If the deputy director determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the deputy directors decision within 60 days of the request to review the program administrators decision.
(5)
(2)Upon exhausting the deputy director review, review described in paragraph (1), a licensee may further appeal a civil penalty assessed pursuant to subdivision (d) or (e) that decision to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.
(6)
(3)If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.
(k)(1)A licensee shall have the right to submit to the department a written request for a formal review of any other civil penalty or deficiency not described in subdivision (j) within 15 business days of receipt of the notice of a civil penalty assessment or a finding of a deficiency, and shall provide all available supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. The licensee may submit additional supporting documentation that was unavailable at the time of submitting the request for review within the first 30 business days after submitting the request for review. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for review. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the regional manager determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the regional managers decision within 60 business days of the date when all necessary information has been provided to the department by the licensee.
(2)Upon exhausting the review described in paragraph (1), the licensee may further appeal that decision to the program administrator of the Community Care Licensing Division within 15 business days of receipt of notice of the regional managers decision. The licensee may submit additional supporting documentation that was unavailable at the time of appeal to the program administrator within the first 30 business days after requesting that appeal. If the department requires additional information from the licensee, that information shall be requested within the first 30 business days after receiving the request for the appeal. The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the program administrator determines that the civil penalty was not assessed, or the finding of the deficiency was not made, in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the program administrators decision within 60 business days of the date when all necessary information has been provided to the department by the licensee. The program administrators decision is considered final and concludes the licensees administrative appeal rights regarding the appeal conducted pursuant to this paragraph.
(j)
(l)The department shall adopt regulations implementing this section.
(k)
(m)The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by the act that added this subdivision. Section 2 of Chapter 813 of the Statutes of 2014.
(l)
(n)As provided in Section 11466.31 of the Welfare and Institutions Code, the department may offset civil penalties owed by a group home or short-term residential treatment center against moneys to be paid by a county for the care of minors after the group home or short-term residential treatment center has exhausted its appeal of the civil penalty assessment. The department shall provide the group home or short-term residential treatment center a reasonable opportunity to pay the civil penalty before instituting the offset provision.
(o)Notwithstanding 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 and administer the changes made by the act that added this subdivision through all-county letters or similar written instructions until regulations are adopted pursuant to the Administrative Procedure Act.
(m)
(p)This section shall become operative on July 1, 2015.
SEC. 37.Section 1562 of the Health and Safety Code is amended to read:1562.(a)The department shall ensure that operators and staffs of community care facilities have appropriate training to provide the care and services for which a license or certificate is issued. The section shall not apply to a facility licensed as an Adult Residential Facility for Persons with Special Health Care Needs pursuant to Article 9 (commencing with Section 1567.50).
(b)It is the intent of the Legislature that children in foster care reside in the least restrictive, family-based settings that can meet their needs, and that group homes and short-term residential treatment centers will be used only for short-term, specialized, and intensive treatment purposes that are consistent with a case plan that is determined by a childs best interests. Accordingly, the Legislature encourages the department to adopt policies, practices, and guidance that ensure that the education, qualification, and training requirements for child care staff in group homes and short-term residential treatment centers are consistent with the intended role of group homes and short-term residential treatment centers to provide short-term, specialized, and intensive treatment, with a particular focus on crisis intervention, behavioral stabilization, and other treatment-related goals, as well as the connections between those efforts and work toward permanency for children.
(c)(1)Each person employed as a facility manager or staff member of a group home or short-term residential treatment center, as defined in paragraphs (13) and (18) of subdivision (a) of Section 1502, who provides direct care and supervision to children and youth residing in the group home or short-term residential treatment center shall be at least 21 years of age.
(2)Paragraph (1) shall not apply to a facility manager or staff member employed at the group home before October 1, 2014.
(3)For purposes of this subdivision, group home does not include a runaway and homeless youth shelter.
SEC. 38.Section 1562.01 is added to the Health and Safety Code, 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 (5) of subdivision (b) of Section 11462 of the Welfare and Institutions Code.
(2)Notwithstanding paragraph (1), the department may issue a provisional license to a short-term residential treatment center and may extend the term of the provisional license not to exceed two years in order for the short-term residential treatment center to secure accreditation as set forth in subdivision (a) of Section 1520.1.
(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 centers 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, on and after January 1, 2017, 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, on and after January 1, 2017, 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 on and after January 1, 2017, 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 countys option, for short-term residential treatment centers, which may include the review of the short-term residential treatment centers 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 on and after January 1, 2017, pursuant to subdivision (c) of Section 11462 of the Welfare and Institutions Code.
SEC. 39.Section 1562.35 of the Health and Safety Code is amended to read:1562.35.Notwithstanding any law to the contrary, including, but not limited to Section 1562.3, vendors approved by the department who exclusively provide either initial or continuing education courses for certification of administrators of an adult residential facility as defined by the department, a group home facility as defined by the department, a short-term residential treatment center as defined by the department, or a residential care facility for the elderly as defined in subdivision (k) of Section 1569.2, shall be regulated solely by the department pursuant to this chapter. No other state or local governmental entity shall be responsible for regulating the activity of those vendors.
SEC. 40.Section 1563 of the Health and Safety Code is amended to read:1563.(a)The department shall ensure that licensing personnel at the department have appropriate training to properly carry out this chapter.
(b)The department shall institute a staff development and training program to develop among departmental staff the knowledge and understanding necessary to successfully carry out this chapter. Specifically, the program shall do all of the following:
(1)Provide staff with 36 hours of training per year that reflects the needs of persons served by community care facilities. This training shall, where appropriate, include specialized instruction in the needs of foster children, persons with mental disorders, or developmental or physical disabilities, or other groups served by specialized community care facilities.
(2)Give priority to applications for employment from persons with experience as care providers to persons served by community care facilities.
(3)Provide new staff with comprehensive training within the first six months of employment. This comprehensive training shall, at a minimum, include the following core areas: administrative action process, client populations, conducting facility visits, cultural awareness, documentation skills, facility operations, human relation skills, interviewing techniques, investigation processes, and regulation administration.
(c)In addition to the requirements in subdivision (b), group home, short-term residential treatment center, and foster family agency licensing personnel shall receive a minimum of 24 hours of training per year to increase their understanding of children in group homes, short-term residential treatment centers, certified homes, and foster family homes. The training shall cover, but not be limited to, all of the following topics:
(1)The types and characteristics of emotionally troubled children.
(2)The high-risk behaviors they exhibit.
(3)The biological, psychological, interpersonal, and social contributors to these behaviors.
(4)The range of management and treatment interventions utilized for these children, including, but not limited to, nonviolent, emergency intervention techniques.
(5)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(d)The training described in subdivisions (b) and (c) may include the following topics:
(1)An overview of the child protective and probation systems.
(2)The effects of trauma, including grief and loss, and child abuse or neglect on child development and behavior, and methods to behaviorally support children impacted by that trauma or child abuse and neglect.
(3)Positive discipline and the importance of self-esteem.
(4)Health issues in foster care, including, but not limited to, the authorization, uses, risks, benefits, assistance with self-administration, oversight, and monitoring of psychotropic medications, and trauma, mental health, and substance use disorder treatments for children in foster care under the jurisdiction of the juvenile court, including how to access those treatments.
(5)Accessing the services and supports available to foster children to address educational needs, physical, mental, and behavioral health, substance use disorders, and culturally relevant services.
(6)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 for children identifying as lesbian, gay, bisexual, and transgender.
(7)Understanding how to use best practices for providing care and supervision to commercially sexually exploited children.
(8)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.
(9)Understanding how to use best practices for providing care and supervision to nonminor dependents.
(10)Understanding how to use best practices for providing care and supervision to children with special health care needs.
(11)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.
(12)Permanence, well-being, and educational needs of children.
(13)Child and adolescent development, including sexual orientation, gender identity, and gender expression.
(14)The role of foster parents, including working cooperatively with the child welfare or probation agency, the childs family, and other service providers implementing the case plan.
(15)A foster parents responsibility to act as a reasonable and prudent parent, and to provide a family setting that promotes normal childhood experiences that serve the needs of the child.
(16)Physical and psychosocial needs of children, including behavior management, deescalation techniques, and trauma informed crisis management planning.
SEC. 41.Section 1567.4 of the Health and Safety Code is amended to read:1567.4.The State Department of Social Services shall provide, at cost, quarterly to each county and to each city, upon the request of the county or city, and to the chief probation officer of each county and city and county, a roster of all community care facilities licensed as small family homes, short-term residential treatment centers, or group homes located in the county, which provide services to wards of the juvenile court, including information as to whether each facility is licensed by the state or the county, the type of facility, and the licensed bed capacity of each such facility. Information concerning the facility shall be limited to that available through the computer system of the State Department of Social Services.
SEC. 42.Section 11105.08 of the Penal Code is amended to read:11105.08.(a)Notwithstanding any other law, a tribal agency may request from the Department of Justice state and federal level summary criminal history information for the purpose of approving a tribal home for the placement of an Indian child into foster or adoptive care.
(b)A tribal agency shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice of an individual applying with the tribal agency as a prospective foster parent or adoptive parent, any adult who resides or is employed in the home of an applicant, any person who has a familial or intimate relationship with any person living in the home of an applicant, or employee of the child welfare agency who may have contact with a child, 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 and also 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 released on bail or on his or her own recognizance pending trial or appeal.
(c)Upon receipt of a request for federal summary criminal history information received pursuant to this section, the Department of Justice shall forward the request to the Federal Bureau of Investigation. The Department of Justice shall review the information returned from the Federal Bureau of Investigation and compile and disseminate a response to the requesting tribal child welfare agency.
(d)The Department of Justice shall provide a state and federal level response to a tribal child welfare agency pursuant to subdivision (m) of Section 11105 of the Penal Code.
(e)A tribal agency shall request from the Department of Justice subsequent notification service pursuant to Section 11105.2 of the Penal Code for persons described in paragraph (b).
(f)The Department of Justice may charge a fee sufficient to cover the reasonable and appropriate costs of processing the request pursuant to this section.
(g)As used in this section a tribal agency means an entity designated by a federally recognized tribe as authorized to approve a home consistent with the federal Indian Child Welfare Act (25 U.S.C. 1903 et seq.), for the purpose of placement of an Indian child into foster or adoptive care, including the authority to conduct a criminal or child abuse background check of, and grant exemptions to, an individual who is a prospective foster or adoptive parent, an adult who resides or is employed in the home of an applicant for approval, any person who has a familial or intimate relationship with any person living in the home of an applicant, or an employee of a tribal child welfare agency who may have contact with a child.
SEC. 43.Section 11105.2 of the Penal Code is amended to read:11105.2.(a)The Department of Justice may provide subsequent state or federal arrest or disposition notification to any entity authorized by state or federal law to receive state or federal summary criminal history information to assist in fulfilling employment, licensing, certification duties, or the duties of approving relative caregivers, nonrelative extended family members, and resource families upon the arrest or disposition of any person whose fingerprints are maintained on file at the Department of Justice or the Federal Bureau of Investigation as the result of an application for licensing, employment, certification, or approval. Nothing in this section shall authorize the notification of a subsequent disposition pertaining to a disposition that does not result in a conviction, unless the department has previously received notification of the arrest and has previously lawfully notified a receiving entity of the pending status of that arrest. When the department supplies subsequent arrest or disposition notification to a receiving entity, the entity shall, at the same time, expeditiously furnish a copy of the information to the person to whom it relates if the information is a basis for an adverse employment, licensing, or certification decision. When furnished other than in person, the copy shall be delivered to the last contact information provided by the applicant.
(b)For purposes of this section, approval means those duties described in subdivision (d) of Section 309 of the Welfare and Institutions Code for approving the home of a relative caregiver or of a nonrelative extended family member for placement of a child supervised by the juvenile court, and those duties in Section 16519.5 of the Welfare and Institutions Code for resource families.
(c)Any entity, other than a law enforcement agency employing peace officers as defined in Section 830.1, subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section 830.3, subdivisions (a) and (b) of Section 830.5, and subdivision (a) of Section 830.31, shall enter into a contract with the Department of Justice in order to receive notification of subsequent state or federal arrests or dispositions for licensing, employment, or certification purposes.
(d)Any entity that submits the fingerprints of applicants for licensing, employment, certification, or approval to the Department of Justice for the purpose of establishing a record of the applicant to receive notification of subsequent state or federal arrests or dispositions shall immediately notify the department when the employment of the applicant is terminated, when the applicants license or certificate is revoked, when the applicant may no longer renew or reinstate the license or certificate, or when a relative caregivers or nonrelative extended family members approval is terminated. The Department of Justice shall terminate state or federal subsequent notification on any applicant upon the request of the licensing, employment, certifying, or approving authority.
(e)Any entity that receives a notification of a state or federal subsequent arrest or disposition for a person unknown to the entity, or for a person no longer employed by the entity, or no longer eligible to renew the certificate or license for which subsequent notification service was established shall immediately return the subsequent notification to the Department of Justice, informing the department that the entity is no longer interested in the applicant. The entity shall not record or otherwise retain any information received as a result of the subsequent notice.
(f)Any entity that submits the fingerprints of an applicant for employment, licensing, certification, or approval to the Department of Justice for the purpose of establishing a record at the department or the Federal Bureau of Investigation to receive notification of subsequent arrest or disposition shall immediately notify the department if the applicant is not subsequently employed, or if the applicant is denied licensing certification, or approval.
(g)An entity that fails to provide the Department of Justice with notification as set forth in subdivisions (c), (d), and (e) may be denied further subsequent notification service.
(h)Notwithstanding subdivisions (c), (d), and (f), subsequent notification by the Department of Justice and retention by the employing agency shall continue as to retired peace officers listed in subdivision (c) of Section 830.5.
SEC. 44.Section 11105.3 of the Penal Code is amended to read:11105.3.(a)Notwithstanding any other law, a human resource agency or an employer may request from the Department of Justice records of all convictions or any arrest pending adjudication involving the offenses specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code of a person who applies for a license, employment, or volunteer position, in which he or she would have supervisory or disciplinary power over a minor or any person under his or her care. The department shall furnish the information to the requesting employer and shall also send a copy of the information to the applicant.
(b)Any request for records under subdivision (a) shall include the applicants fingerprints, which may be taken by the requester, and any other data specified by the department. The request shall be on a form approved by the department, and the department may charge a fee to be paid by the employer, human resource agency, or applicant for the actual cost of processing the request. However, no fee shall be charged to a nonprofit organization. Requests received by the department for federal level criminal offender record information shall be forwarded to the Federal Bureau of Investigation by the department to be searched for any record of arrests or convictions.
(c)(1)When a request pursuant to this section reveals that a prospective employee or volunteer has been convicted of a violation or attempted violation of Section 220, 261.5, 262, 273a, 273d, or 273.5, or any sex offense listed in Section 290, except for the offense specified in subdivision (d) of Section 243.4, and where the agency or employer hires the prospective employee or volunteer, the agency or employer shall notify the parents or guardians of any minor who will be supervised or disciplined by the employee or volunteer. A conviction for a violation or attempted violation of an offense committed outside the State of California shall be included in this notice if the offense would have been a crime specified in this subdivision if committed in California. The notice shall be given to the parents or guardians with whom the child resides, and shall be given at least 10 days prior to the day that the employee or volunteer begins his or her duties or tasks. Notwithstanding any other law, any person who conveys or receives information in good faith and in conformity with this section is exempt from prosecution under Section 11142 or 11143 for that conveying or receiving of information. Notwithstanding subdivision (d), the notification requirements of this subdivision shall apply as an additional requirement of any other provision of law requiring criminal record access or dissemination of criminal history information.
(2)The notification requirement pursuant to paragraph (1) shall not apply to a misdemeanor conviction for violating Section 261.5 or to a conviction for violating Section 262 or 273.5. Nothing in this paragraph shall preclude an employer from requesting records of convictions for violating Section 261.5, 262, or 273.5 from the Department of Justice pursuant to this section.
(d)Nothing in this section supersedes any law requiring criminal record access or dissemination of criminal history information. In any conflict with another statute, dissemination of criminal history information shall be pursuant to the mandatory statute. This subdivision applies to, but is not limited to, requirements pursuant to Article 1 (commencing with Section 1500) of Chapter 3 of, and Chapter 3.2 (commencing with Section 1569) and Chapter 3.4 (commencing with Section 1596.70) of, Division 2 of, and Section 1522 of, the Health and Safety Code, and Sections 8712, 8811, and 8908 of the Family Code, and Section 16519.5 of the Welfare and Institutions Code.
(e)The department may adopt regulations to implement the provisions of this section as necessary.
(f)As used in this section, employer means any nonprofit corporation or other organization specified by the Attorney General that employs or uses the services of volunteers in positions in which the volunteer or employee has supervisory or disciplinary power over a child or children.
(g)As used in this section, human resource agency means a public or private entity, excluding any agency responsible for licensing of facilities pursuant to the California Community Care Facilities Act (Chapter 3 (commencing with Section 1500)), the California Residential Care Facilities for the Elderly Act (Chapter 3.2 (commencing with Section 1569)), Chapter 3.01 (commencing with Section 1568.01), and the California Child Day Care Facilities Act (Chapter 3.4 (commencing with Section 1596.70)) of Division 2 of the Health and Safety Code, responsible for determining the character and fitness of a person who is:
(1)Applying for a license, employment, or as a volunteer within the human services field that involves the care and security of children, the elderly, the handicapped, or the mentally impaired.
(2)Applying to be a volunteer who transports individuals impaired by drugs or alcohol.
(3)Applying to adopt a child or to be a foster parent.
(h)Except as provided in subdivision (c), any criminal history information obtained pursuant to this section is confidential and no recipient shall disclose its contents other than for the purpose for which it was acquired.
(i)As used in this subdivision, community youth athletic program means an employer having as its primary purpose the promotion or provision of athletic activities for youth under 18 years of age.
(j)A community youth athletic program, as defined in subdivision (i), may request state and federal level criminal history information pursuant to subdivision (a) for a volunteer coach or hired coach candidate. The director of the community youth athletic program shall be the custodian of records.
(k)The community youth athletic program may request from the Department of Justice subsequent arrest notification service, as provided in Section 11105.2, for a volunteer coach or a hired coach candidate.
(l)Compliance with this section does not remove or limit the liability of a mandated reporter pursuant to Section 11166.
SEC. 45.Section 11170 of the Penal Code is amended to read:11170.(a)(1)The Department of Justice shall maintain an index of all reports of child abuse and severe neglect submitted pursuant to Section 11169. The index shall be continually updated by the department and shall not contain any reports that are determined to be not substantiated. The department may adopt rules governing recordkeeping and reporting pursuant to this article.
(2)The department shall act only as a repository of reports of suspected child abuse and severe neglect to be maintained in the Child Abuse Central Index (CACI) pursuant to paragraph (1). The submitting agencies are responsible for the accuracy, completeness, and retention of the reports described in this section. The department shall be responsible for ensuring that the CACI accurately reflects the report it receives from the submitting agency.
(3)Only information from reports that are reported as substantiated shall be filed pursuant to paragraph (1), and all other determinations shall be removed from the central list. If a person listed in the CACI was under 18 years of age at the time of the report, the information shall be deleted from the CACI 10 years from the date of the incident resulting in the CACI listing, if no subsequent report concerning the same person is received during that time period.
(b)The provisions of subdivision (c) of Section 11169 apply to any information provided pursuant to this subdivision.
(1)The Department of Justice shall immediately notify an agency that submits a report pursuant to Section 11169, or a prosecutor who requests notification, of any information maintained pursuant to subdivision (a) that is relevant to the known or suspected instance of child abuse or severe neglect reported by the agency. The agency shall make that information available to the reporting health care practitioner who is treating a person reported as a possible victim of known or suspected child abuse. The agency shall make that information available to the reporting child custodian, Child Abuse Prevention and Treatment Act guardian ad litem appointed under Rule 5.662 of the California Rules of Court, or counsel appointed under Section 317 or 318 of the Welfare and Institutions Code, or the appropriate licensing agency, if he or she or the licensing agency is handling or investigating a case of known or suspected child abuse or severe neglect.
(2)When a report is made pursuant to subdivision (a) of Section 11166, or Section 11166.05, the investigating agency, upon completion of the investigation or after there has been a final disposition in the matter, shall inform the person required or authorized to report of the results of the investigation and of any action the agency is taking with regard to the child or family.
(3)The Department of Justice shall make relevant information from the CACI available to a law enforcement agency, county welfare department, tribal agency pursuant to Section 10553.12 of the Welfare and Institutions Code, or county probation department that is conducting a child abuse investigation.
(4)The department shall make available to the State Department of Social Services, or to any county licensing agency that has contracted with the state for the performance of licensing duties, or to a tribal court or tribal child welfare agency of a tribe, consortium of tribes, or tribal organization that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code, information regarding a known or suspected child abuser maintained pursuant to this section and subdivision (a) of Section 11169 concerning any person who is an applicant for licensure or approval, or any adult who resides or is employed in the home of an applicant for licensure or approval, or who is an applicant for employment in a position having supervisorial or disciplinary power over a child or children, or who will provide 24-hour care for a child or children in a residential home or facility, pursuant to Section 1522.1 or 1596.877 of the Health and Safety Code, or Section 8714, 8802, 8912, or 9000 of the Family Code, or Section 11403.2 of the Welfare and Institutions Code.
(5)The Department of Justice shall make available to a Court Appointed Special Advocate program that is conducting a background investigation of an applicant seeking employment with the program or a volunteer position as a Court Appointed Special Advocate, as defined in Section 101 of the Welfare and Institutions Code, information contained in the index regarding known or suspected child abuse by the applicant.
(6)For purposes of child death review, the Department of Justice shall make available to the chairperson, or the chairpersons designee, for each county child death review team, or the State Child Death Review Council, information for investigative purposes only that is maintained in the CACI pursuant to subdivision (a) relating to the death of one or more children and any prior child abuse or neglect investigation reports maintained involving the same victims, siblings, or suspects. Local child death review teams may share any relevant information regarding case reviews involving child death with other child death review teams.
(7)The department shall make available to investigative agencies or probation officers, or court investigators acting pursuant to Section 1513 of the Probate Code, responsible for placing children or assessing the possible placement of children pursuant to Article 6 (commencing with Section 300), Article 7 (commencing with Section 305), Article 10 (commencing with Section 360), or Article 14 (commencing with Section 601) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, or Article 2 (commencing with Section 1510) or Article 3 (commencing with Section 1540) of Chapter 1 of Part 2 of Division 4 of the Probate Code, information regarding a known or suspected child abuser contained in the index concerning any adult residing in the home where the child may be placed, when this information is requested for purposes of ensuring that the placement is in the best interest of the child. Upon receipt of relevant information concerning child abuse or neglect investigation reports contained in the CACI from the Department of Justice pursuant to this subdivision, the agency or court investigator shall notify, in writing, the person listed in the CACI that he or she is in the index. The notification shall include the name of the reporting agency and the date of the report.
(8)Pursuant to Section 10553.12 of the Welfare and Institutions Code, the department shall make available to a tribal agency information regarding a known or suspected child abuser maintained pursuant to this section or subdivision (a) of Section 11169 who is being considered as a prospective foster or adoptive parent, an adult who resides or is employed in the home of an applicant for approval, any person who has a familial or intimate relationship with any person living in the home of an applicant, or an employee of the tribal agency who may have contact with children.
(9)The Department of Justice shall make available to a government agency conducting a background investigation pursuant to Section 1031 of the Government Code of an applicant seeking employment as a peace officer, as defined in Section 830, information regarding a known or suspected child abuser maintained pursuant to this section concerning the applicant.
(10)The Department of Justice shall make available to a county child welfare agency or delegated county adoption agency, as defined in Section 8515 of the Family Code, conducting a background investigation, or a government agency conducting a background investigation on behalf of one of those agencies, information regarding a known or suspected child abuser maintained pursuant to this section and subdivision (a) of Section 11169 concerning any applicant seeking employment or volunteer status with the agency who, in the course of his or her employment or volunteer work, will have direct contact with children who are alleged to have been, are at risk of, or have suffered, abuse or neglect.
(11)(A)Persons or agencies, as specified in subdivision (b), if investigating a case of known or suspected child abuse or neglect, or the State Department of Social Services or any county licensing agency pursuant to paragraph (4), or a Court Appointed Special Advocate (CASA) program conducting a background investigation for employment or volunteer candidates pursuant to paragraph (5), or an investigative agency, probation officer, or court investigator responsible for placing children or assessing the possible placement of children pursuant to paragraph (7), or a government agency conducting a background investigation of an applicant seeking employment as a peace officer pursuant to paragraph (9), or a county child welfare agency or delegated county adoption agency conducting a background investigation of an applicant seeking employment or volunteer status who, in the course of his or her employment or volunteer work, will have direct contact with children who are alleged to have been, are at risk of, or have suffered, abuse or neglect, pursuant to paragraph (10), to whom disclosure of any information maintained pursuant to subdivision (a) is authorized, are responsible for obtaining the original investigative report from the reporting agency, and for drawing independent conclusions regarding the quality of the evidence disclosed, and its sufficiency for making decisions regarding investigation, prosecution, licensing, placement of a child, employment or volunteer positions with a CASA program, or employment as a peace officer.
(B)If CACI information is requested by an agency for the temporary placement of a child in an emergency situation pursuant to Article 7 (commencing with Section 305) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, the department is exempt from the requirements of Section 1798.18 of the Civil Code if compliance would cause a delay in providing an expedited response to the agencys inquiry and if further delay in placement may be detrimental to the child.
(12)(A)Whenever information contained in the Department of Justice files is furnished as the result of an application for employment or licensing or volunteer status pursuant to paragraph (4), (5), (8), (9), or (10), the Department of Justice may charge the person or entity making the request a fee. The fee shall not exceed the reasonable costs to the department of providing the information. The only increase shall be at a rate not to exceed the legislatively approved cost-of-living adjustment for the department. In no case shall the fee exceed fifteen dollars ($15).
(B)All moneys received by the department pursuant to this section to process trustline applications for purposes of Chapter 3.35 (commencing with Section 1596.60) of Division 2 of the Health and Safety Code shall be deposited in a special account in the General Fund that is hereby established and named the Department of Justice Child Abuse Fund. Moneys in the fund shall be available, upon appropriation by the Legislature, for expenditure by the department to offset the costs incurred to process trustline automated child abuse or neglect system checks pursuant to this section.
(C)All moneys, other than those described in subparagraph (B), received by the department pursuant to this paragraph shall be deposited in a special account in the General Fund which is hereby created and named the Department of Justice Sexual Habitual Offender Fund. The funds shall be available, upon appropriation by the Legislature, for expenditure by the department to offset the costs incurred pursuant to Chapter 9.5 (commencing with Section 13885) and Chapter 10 (commencing with Section 13890) of Title 6 of Part 4, and the DNA and Forensic Identification Data Base and Data Bank Act of 1998 (Chapter 6 (commencing with Section 295) of Title 9 of Part 1), and for maintenance and improvements to the statewide Sexual Habitual Offender Program and the California DNA offender identification file (CAL-DNA) authorized by Chapter 9.5 (commencing with Section 13885) of Title 6 of Part 4 and the DNA and Forensic Identification Data Base and Data Bank Act of 1998 (Chapter 6 (commencing with Section 295) of Title 9 of Part 1).
(c)(1)The Department of Justice shall make available to any agency responsible for placing children pursuant to Article 7 (commencing with Section 305) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, upon request, relevant information concerning child abuse or neglect reports contained in the index, when making a placement with a responsible relative pursuant to Sections 281.5, 305, and 361.3 of the Welfare and Institutions Code. Upon receipt of relevant information concerning child abuse or neglect reports contained in the index from the Department of Justice pursuant to this subdivision, the agency shall also notify in writing the person listed in the CACI that he or she is in the index. The notification shall include the location of the original investigative report and the submitting agency. The notification shall be submitted to the person listed at the same time that all other parties are notified of the information, and no later than the actual judicial proceeding that determines placement.
(2)If information is requested by an agency for the placement of a child with a responsible relative in an emergency situation pursuant to Article 7 (commencing with Section 305) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, the department is exempt from the requirements of Section 1798.18 of the Civil Code if compliance would cause a delay in providing an expedited response to the child protective agencys inquiry and if further delay in placement may be detrimental to the child.
(d)The department shall make available any information maintained pursuant to subdivision (a) to out-of-state law enforcement agencies conducting investigations of known or suspected child abuse or neglect only when an agency makes the request for information in writing and on official letterhead, or as designated by the department, identifying the suspected abuser or victim by name and date of birth or approximate age. The request shall be signed by the department supervisor of the requesting law enforcement agency. The written requests shall cite the out-of-state statute or interstate compact provision that requires that the information contained within these reports shall be disclosed only to law enforcement, prosecutorial entities, or multidisciplinary investigative teams, and shall cite the safeguards in place to prevent unlawful disclosure of any confidential information provided by the requesting state or the applicable interstate compact provision.
(e)(1)The department shall make available to an out-of-state agency, for purposes of approving a prospective foster or adoptive parent in compliance with the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248), information regarding a known or suspected child abuser maintained pursuant to subdivision (a) concerning the prospective foster or adoptive parent, and any other adult living in the home of the prospective foster or adoptive parent. The department shall make that information available only when the out-of-state agency makes the request indicating that continual compliance will be maintained with the requirement in paragraph (20) of subsection (a) of Section 671 of Title 42 of the United States Code that requires the state to have in place safeguards to prevent the unauthorized disclosure of information in any child abuse and neglect registry maintained by the state and prevent the information from being used for a purpose other than the conducting of background checks in foster or adoption placement cases.
(2)With respect to any information provided by the department in response to the out-of-state agencys request, the out-of-state agency is responsible for obtaining the original investigative report from the reporting agency, and for drawing independent conclusions regarding the quality of the evidence disclosed and its sufficiency for making decisions regarding the approval of prospective foster or adoptive parents.
(3)(A)Whenever information contained in the index is furnished pursuant to this subdivision, the department shall charge the out-of-state agency making the request a fee. The fee shall not exceed the reasonable costs to the department of providing the information. The only increase shall be at a rate not to exceed the legislatively approved cost-of-living adjustment for the department. In no case shall the fee exceed fifteen dollars ($15).
(B)All moneys received by the department pursuant to this subdivision shall be deposited in the Department of Justice Child Abuse Fund, established under subparagraph (B) of paragraph (12) of subdivision (b). Moneys in the fund shall be available, upon appropriation by the Legislature, for expenditure by the department to offset the costs incurred to process requests for information pursuant to this subdivision.
(f)(1)Any person may determine if he or she is listed in the CACI by making a request in writing to the Department of Justice. The request shall be notarized and include the persons name, address, date of birth, and either a social security number or a California identification number. Upon receipt of a notarized request, the Department of Justice shall make available to the requesting person information identifying the date of the report and the submitting agency. The requesting person is responsible for obtaining the investigative report from the submitting agency pursuant to paragraph (11) of subdivision (b) of Section 11167.5.
(2)No person or agency shall require or request another person to furnish a copy of a record concerning himself or herself, or notification that a record concerning himself or herself exists or does not exist, pursuant to paragraph (1).
(g)If a person is listed in the CACI only as a victim of child abuse or neglect, and that person is 18 years of age or older, that person may have his or her name removed from the index by making a written request to the Department of Justice. The request shall be notarized and include the persons name, address, social security number, and date of birth.
SEC. 46.Section 319.3 of the Welfare and Institutions Code is amended to read:319.3.Notwithstanding Section 319, a dependent 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, a short-term residential treatment center, or in a temporary shelter care facility, as defined in Section 1530.8 of the Health and Safety Code, only when the court finds that placement is necessary to secure a complete and adequate evaluation, including placement planning and transition time. The placement period shall not exceed 60 days unless a case plan has been developed and the need for additional time is documented in the case plan and has been approved by a deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department.
SEC. 47.Section 361.2 of the Welfare and Institutions Code is amended to read:361.2.(a)When a court orders removal of a child pursuant to Section 361, the court shall first determine whether there is a parent of the child, with whom the child was not residing at the time that the events or conditions arose that brought the child within the provisions of Section 300, who desires to assume custody of the child. If that parent requests custody, the court shall place the child with the parent unless it finds that placement with that parent would be detrimental to the safety, protection, or physical or emotional well-being of the child. The fact that the parent is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with his or her parent shall not be, for that reason alone, prima facie evidence that placement with that parent would be detrimental.
(b)If the court places the child with that parent it may do any of the following:
(1)Order that the parent become legal and physical custodian of the child. The court may also provide reasonable visitation by the noncustodial parent. The court shall then terminate its jurisdiction over the child. The custody order shall continue unless modified by a subsequent order of the superior court. The order of the juvenile court shall be filed in any domestic relation proceeding between the parents.
(2)Order that the parent assume custody subject to the jurisdiction of the juvenile court and require that a home visit be conducted within three months. In determining whether to take the action described in this paragraph, the court shall consider any concerns that have been raised by the childs 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 parents immigration status.
(2)The approved home of a relative, regardless of the relatives immigration status.
(3)The approved home of a nonrelative extended family member as defined in Section 362.7.
(4)The approved home of a resource family as defined in Section 16519.5.
(5)A foster home in which the child has been placed before an interruption in foster care, if that placement is in the best interest of the child and space is available.
(6)A suitable licensed community care facility, except a runaway and homeless youth shelter licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code.
(7)With a foster family agency to be placed in a suitable licensed foster family home or certified family home which has been certified by the agency as meeting licensing standards.
(8)A home or facility in accordance with the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(9)A child under six years of age may be placed in a community care facility licensed as a group home for children, or a temporary shelter care facility as defined in Section 1530.8 of the Health and Safety Code, only under any of the following circumstances:
(A)(i)When a case plan indicates that placement is for purposes of providing short term, specialized, and intensive treatment to the child, the case plan specifies the need for, nature of, and anticipated duration of this treatment, pursuant to paragraph (2) of subdivision (c) of Section 16501.1, the facility meets the applicable regulations adopted under Section 1530.8 of the Health and Safety Code and standards developed pursuant to Section 11467.1 of this code, and the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department has approved the case plan.
(ii)The short term, specialized, and intensive treatment period shall not exceed 120 days, unless the county has made progress toward or is actively working toward implementing the case plan that identifies the services or supports necessary to transition the child to a family setting, circumstances beyond the countys control have prevented the county from obtaining those services or supports within the timeline documented in the case plan, and the need for additional time pursuant to the case plan is documented by the caseworker and approved by a deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department.
(iii)To the extent that placements pursuant to this paragraph are extended beyond an initial 120 days, the requirements of clauses (i) and (ii) shall apply to each extension. In addition, the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department shall approve the continued placement no less frequently than every 60 days.
(B)When a case plan indicates that placement is for purposes of providing family reunification services. In addition, the facility offers family reunification services that meet the needs of the individual child and his or her family, permits parents to have reasonable access to their children 24 hours a day, encourages extensive parental involvement in meeting the daily needs of their children, and employs staff trained to provide family reunification services. In addition, one of the following conditions exists:
(i)The childs parent is also a ward of the court and resides in the facility.
(ii)The childs parent is participating in a treatment program affiliated with the facility and the childs placement in the facility facilitates the coordination and provision of reunification services.
(iii)Placement in the facility is the only alternative that permits the parent to have daily 24-hour access to the child in accordance with the case plan, to participate fully in meeting all of the daily needs of the child, including feeding and personal hygiene, and to have access to necessary reunification services.
(10)(A)A child who is 6 to 12 years of age, inclusive, may be placed in a community care facility licensed as a group home for children only when a case plan indicates that placement is for purposes of providing short term, specialized, and intensive treatment for the child, the case plan specifies the need for, nature of, and anticipated duration of this treatment, pursuant to paragraph (2) of subdivision (c) of Section 16501.1, and is approved by the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department.
(B)The short term, specialized, and intensive treatment period shall not exceed six months, unless the county has made progress or is actively working toward implementing the case plan that identifies the services or supports necessary to transition the child to a family setting, circumstances beyond the countys control have prevented the county from obtaining those services or supports within the timeline documented in the case plan, and the need for additional time pursuant to the case plan is documented by the caseworker and approved by a deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department.
(C)To the extent that placements pursuant to this paragraph are extended beyond an initial six months, the requirements of subparagraphs (A) and (B) shall apply to each extension. In addition, the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department shall approve the continued placement no less frequently than every 60 days.
(11)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 childs 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 childs parent or guardian in order to facilitate reunification of the family.
(2)In the event that there are no appropriate placements available in the parents or guardians county of residence, a placement may be made in an appropriate place in another county, preferably a county located adjacent to the parents or guardians community of residence.
(3)Nothing in this section shall be interpreted as requiring multiple disruptions of the childs 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 parents or guardians 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 childs parents or guardians county of residence, the specific reason the out-of-county placement is necessary shall be documented in the childs 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 childs 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 childs 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 childs 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 courts jurisdiction, or any nondependent siblings in the physical custody of a parent subject to the courts 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 childs 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 childs caregiver is able to meet the day-to-day health, safety, and well-being needs of the child.
(B)The childs caregiver is permitted to maintain the least restrictive family setting that promotes normal childhood experiences and 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 childs 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 childs 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.
(3)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 48.Section 361.2 is added to the Welfare and Institutions Code, 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 childs 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 parents immigration status.
(2)The approved home of a relative, regardless of the relatives immigration status.
(3)The approved home of a nonrelative extended family member as defined in Section 362.7.
(4)The approved home of a resource family as defined in Section 16519.5.
(5)A foster home considering first a foster home in which the child has been placed before an interruption in foster care, if that placement is in the best interest of the child and space is available.
(6)A home or facility in accordance with the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(7)A suitable licensed community care facility, except a runaway and homeless youth shelter licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code.
(8)With a foster family agency, as defined in subdivision (g) of Section 11400 and paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code, to be placed in a suitable family home certified or approved by the agency.
(9)A child of any age who is placed in a community care facility licensed as a group home for children or a short-term residential treatment center, as defined in subdivision (ad) of Section 11400 and paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code, shall have a case plan that indicates that placement is for purposes of providing short term, specialized, and intensive treatment for the child, the case plan specifies the need for, nature of, and anticipated duration of this treatment, pursuant to paragraph (2) of subdivision (c) of Section 16501.1, and the case plan includes transitioning the child to a less restrictive environment and the projected timeline by which the child will be transitioned to a less restrictive environment. If the placement is longer than six months, the placement shall be documented consistent with paragraph (3) of subdivision (a) of Section 16501.1 and shall be approved by the deputy director or director of the county child welfare department.
(A)A child under six years of age shall not be placed in a community care facility licensed as a group home for children, or a short-term residential treatment center, except under the following circumstances:
(i)When the facility meets the applicable regulations adopted under Section 1530.8 of the Health and Safety Code and standards developed pursuant to Section 11467.1 of this code, and the deputy director or director of the county child welfare department has approved the case plan.
(ii)The short term, specialized, and intensive treatment period shall not exceed 120 days, unless the county has made progress toward or is actively working toward implementing the case plan that identifies the services or supports necessary to transition the child to a family setting, circumstances beyond the countys 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 childs parent is also under the jurisdiction of the court and resides in the facility.
(II)The childs parent is participating in a treatment program affiliated with the facility and the childs 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 countys 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 childs 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 childs parent or guardian in order to facilitate reunification of the family.
(2)In the event that there are no appropriate placements available in the parents or guardians county of residence, a placement may be made in an appropriate place in another county, preferably a county located adjacent to the parents or guardians community of residence.
(3)Nothing in this section shall be interpreted as requiring multiple disruptions of the childs 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 parents or guardians 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 childs parents or guardians county of residence, the specific reason the out-of-county placement is necessary shall be documented in the childs 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 childs 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 childs 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 childs 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 courts jurisdiction, or any nondependent siblings in the physical custody of a parent subject to the courts 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 childs 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 childs caregiver is able to meet the day-to-day health, safety, and well-being needs of the child.
(B)The childs 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 childs 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 childs 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. 49.Section 706.6 of the Welfare and Institutions Code is amended to read:706.6.(a)Services to minors are best provided in a framework that integrates service planning and delivery among multiple service systems, including the mental health system, using a team-based approach, such as a child and family team. A child and family team brings together individuals that engage with the child or youth and family in assessing, planning, and delivering services. Use of a team approach increases efficiency, and thus reduces cost, by increasing coordination of formal services and integrating the natural and informal supports available to the child or youth and family.
(b)(1)For the purposes of this section, child and family team has the same meaning as in paragraph (4) of subdivision (a) of Section 16501.
(2)In its development of the case plan, the probation agency shall consider any recommendations of the child and family team, as defined in paragraph (4) of subdivision (a) of Section 16501. The agency shall document the rationale for any inconsistencies between the case plan and the child and family team recommendations.
(c)A case plan prepared as required by Section 706.5 shall be submitted to the court. It shall either be attached to the social study or incorporated as a separate section within the social study. The case plan shall include, but not be limited to, the following information:
(1)A description of the circumstances that resulted in the minor being placed under the supervision of the probation department and in foster care.
(2)Documentation of the preplacement assessment of the minors and familys strengths and service needs showing that preventive services have been provided, and that reasonable efforts to prevent out-of-home placement have been made. The assessment shall include the type of placement best equipped to meet those needs.
(3)(A)A description of the type of home or institution in which the minor is to be placed, and the reasons for that placement decision, including a discussion of the safety and appropriateness of the placement, including the recommendations of the child and family team, if available.
(B)An appropriate placement is a placement in the least restrictive, most family-like environment that promotes normal childhood experiences, in closest proximity to the minors home, that meets the minors best interests and special needs.
(d)The following shall apply:
(1)The agency selecting a placement shall consider, in order of priority:
(A)Placement with relatives, nonrelated extended family members, and tribal members.
(B)Foster family homes and certified homes or resource families of foster family agencies.
(C)Treatment and intensive treatment certified homes or resource families of foster family agencies, or multidimensional treatment foster homes or therapeutic foster care homes.
(D)Group care placements in the following order:
(i)Short-term residential treatment centers.
(ii)Group homes.
(iii)Community treatment facilities.
(iv)Out-of-state residential treatment pursuant to Part 5 (commencing with Section 7900) of Division 12 of the Family Code.
(2)Although the placement options shall be considered in the preferential order specified in paragraph (1), the placement of a child may be with any of these placement settings in order to ensure the selection of a safe placement setting that is in the childs best interests and meets the childs special needs.
(3)A minor may be placed into a community care facility licensed as a short-term residential treatment center, as defined in subdivision (ad) of Section 11400, provided the case plan indicates that the placement is for the purposes of providing short-term, specialized, and intensive treatment for the minor, the case plan specifies the need for, nature of, and anticipated duration of this treatment, and the case plan includes transitioning the minor to a less restrictive environment and the projected timeline by which the minor will be transitioned to a less restrictive environment.
(e)Effective January 1, 2010, a case plan shall ensure the educational stability of the child while in foster care and shall include both of the following:
(1)Assurances that the placement takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement.
(2)An assurance that the placement agency has coordinated with appropriate local educational agencies to ensure that the child remains in the school in which the child is enrolled at the time of placement, or, if remaining in that school is not in the best interests of the child, assurances by the placement agency and the local educational agency to provide immediate and appropriate enrollment in a new school and to provide all of the childs educational records to the new school.
(f)Specific time-limited goals and related activities designed to enable the safe return of the minor to his or her home, or in the event that return to his or her home is not possible, activities designed to result in permanent placement or emancipation. Specific responsibility for carrying out the planned activities shall be assigned to one or more of the following:
(1)The probation department.
(2)The minors parent or parents or legal guardian or guardians, as applicable.
(3)The minor.
(4)The foster parents or licensed agency providing foster care.
(g)The projected date of completion of the case plan objectives and the date services will be terminated.
(h)(1)Scheduled visits between the minor and his or her family and an explanation if no visits are made.
(2)Whether the child has other siblings, and, if any siblings exist, all of the following:
(A)The nature of the relationship between the child and his or her siblings.
(B)The appropriateness of developing or maintaining the sibling relationships pursuant to Section 16002.
(C)If the siblings are not placed together in the same home, why the siblings are not placed together and what efforts are being made to place the siblings together, or why those efforts are not appropriate.
(D)If the siblings are not placed together, all of the following:
(i)The frequency and nature of the visits between the siblings.
(ii)If there are visits between the siblings, whether the visits are supervised or unsupervised. If the visits are supervised, a discussion of the reasons why the visits are supervised, and what needs to be accomplished in order for the visits to be unsupervised.
(iii)If there are visits between the siblings, a description of the location and length of the visits.
(iv)Any plan to increase visitation between the siblings.
(E)The impact of the sibling relationships on the childs placement and planning for legal permanence.
(F)The continuing need to suspend sibling interaction, if applicable, pursuant to subdivision (c) of Section 16002.
(3)The factors the court may consider in making a determination regarding the nature of the childs sibling relationships may include, but are not limited to, whether the siblings were raised together in the same home, whether the siblings have shared significant common experiences or have existing close and strong bonds, whether either sibling expresses a desire to visit or live with his or her sibling, as applicable, and whether ongoing contact is in the childs best emotional interests.
(i)(1)When placement is made in a foster family home, group home, or other child care institution that is either a substantial distance from the home of the minors parent or legal guardian or out-of-state, the case plan shall specify the reasons why the placement is the most appropriate and is in the best interest of the minor.
(2)When an out-of-state group home placement is recommended or made, the case plan shall comply with Section 727.1 and Section 7911.1 of the Family Code. In addition, documentation of the recommendation of the multidisciplinary team and the rationale for this particular placement shall be included. The case plan shall also address what in-state services or facilities were used or considered and why they were not recommended.
(j)If applicable, efforts to make it possible to place siblings together, unless it has been determined that placement together is not in the best interest of one or more siblings.
(k)A schedule of visits between the minor and the probation officer, including a monthly visitation schedule for those children placed in group homes.
(l)Health and education information about the minor, school records, immunizations, known medical problems, and any known medications the minor may be taking, names and addresses of the minors health and educational providers; the minors grade level performance; assurances that the minors placement in foster care takes into account proximity to the school in which the minor was enrolled at the time of placement; and other relevant health and educational information.
(m)When out-of-home services are used and the goal is reunification, the case plan shall describe the services that were provided to prevent removal of the minor from the home, those services to be provided to assist in reunification and the services to be provided concurrently to achieve legal permanency if efforts to reunify fail.
(n)The updated case plan prepared for a permanency planning hearing shall include a recommendation for a permanent plan for the minor. If, after considering reunification, adoptive placement, legal guardianship, or permanent placement with a fit and willing relative the probation officer recommends placement in a planned permanent living arrangement, the case plan shall include documentation of a compelling reason or reasons why termination of parental rights is not in the minors best interest. For purposes of this subdivision, a compelling reason shall have the same meaning as in subdivision (c) of Section 727.3.
(o)Each updated case plan shall include a description of the services that have been provided to the minor under the plan and an evaluation of the appropriateness and effectiveness of those services.
(p)A statement that the parent or legal guardian, and the minor have had an opportunity to participate in the development of the case plan, to review the case plan, to sign the case plan, and to receive a copy of the plan, or an explanation about why the parent, legal guardian, or minor was not able to participate or sign the case plan.
(q)For a minor in out-of-home care who is 16 years of age or older, a written description of the programs and services, which will help the minor prepare for the transition from foster care to independent living.
SEC. 49.5.Section 706.6 of the Welfare and Institutions Code is amended to read:706.6.A (a)Services to minors are best provided in a framework that integrates service planning and delivery among multiple service systems, including the mental health system, using a team-based approach, such as a child and family team. A child and family team brings together individuals that engage with the child or youth and family in assessing, planning, and delivering services. Use of a team approach increases efficiency, and thus reduces cost, by increasing coordination of formal services and integrating the natural and informal supports available to the child or youth and family.
(b)(1)For the purposes of this section, child and family team has the same meaning as in paragraph (4) of subdivision (a) of Section 16501.
(2)In its development of the case plan, the probation agency shall consider any recommendations of the child and family team, as defined in paragraph (4) of subdivision (a) of Section 16501. The agency shall document the rationale for any inconsistencies between the case plan and the child and family team recommendations.
(c)A case plan prepared as required by Section 706.5 shall be submitted to the court. It shall either be attached to the social study or incorporated as a separate section within the social study. The case plan shall include, but not be limited to, the following information:
(a)
(1)A description of the circumstances that resulted in the minor being placed under the supervision of the probation department and in foster care.
(b)An
(2)Documentation of the preplacement assessment of the minors and familys strengths and needs and service needs showing that preventive services have been provided, and that reasonable efforts to prevent out-of-home placement have been made. The assessment shall include the type of placement best equipped to meet those needs.
(3)(A)A description of the type of home or institution in which the minor is to be placed, and the reasons for that placement decision, including a discussion of the safety and appropriateness of the placement, including the recommendations of the child and family team, if available.
(c)A description of the type of home or institution in which the minor is to be placed, including a discussion of the safety and appropriateness of the placement.
(B)An appropriate placement is a placement in the least restrictive, most family-like environment, environment that promotes normal childhood experiences, in closest proximity to the minors home, that meets the minors best interests and special needs.
(d)The following shall apply:
(1)The agency selecting a placement shall consider, in order of priority:
(A)Placement with relatives, nonrelated extended family members, and tribal members.
(B)Foster family homes and certified homes or resource families of foster family agencies.
(C)Treatment and intensive treatment certified homes or resource families of foster family agencies, or multidimensional treatment foster homes or therapeutic foster care homes.
(D)Group care placements in the following order:
(i)Short-term residential treatment centers.
(ii)Group homes.
(iii)Community treatment facilities.
(iv)Out-of-state residential treatment pursuant to Part 5 (commencing with Section 7900) of Division 12 of the Family Code.
(2)Although the placement options shall be considered in the preferential order specified in paragraph (1), the placement of a child may be with any of these placement settings in order to ensure the selection of a safe placement setting that is in the childs best interests and meets the childs special needs.
(3)A minor may be placed into a community care facility licensed as a short-term residential treatment center, as defined in subdivision (ad) of Section 11400, provided the case plan indicates that the placement is for the purposes of providing short-term, specialized, and intensive treatment for the minor, the case plan specifies the need for, nature of, and anticipated duration of this treatment, and the case plan includes transitioning the minor to a less restrictive environment and the projected timeline by which the minor will be transitioned to a less restrictive environment.
(d)
(e)Effective January 1, 2010, a case plan shall ensure the educational stability of the child while in foster care and shall include both of the following:
(1)Assurances that the placement takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement.
(2)An assurance that the placement agency has coordinated with appropriate local educational agencies to ensure that the child remains in the school in which the child is enrolled at the time of placement, or, if remaining in that school is not in the best interests of the child, assurances by the placement agency and the local educational agency to provide immediate and appropriate enrollment in a new school and to provide all of the childs educational records to the new school.
(e)
(f)Specific time-limited goals and related activities designed to enable the safe return of the minor to his or her home, or in the event that return to his or her home is not possible, activities designed to result in permanent placement or emancipation. Specific responsibility for carrying out the planned activities shall be assigned to one or more of the following:
(1)The probation department.
(2)The minors parent or parents or legal guardian or guardians, as applicable.
(3)The minor.
(4)The foster parents or licensed agency providing foster care.
(f)
(g)The projected date of completion of the case plan objectives and the date services will be terminated.
(g)
(h)(1)Scheduled visits between the minor and his or her family and an explanation if no visits are made.
(2)Whether the child has other siblings, and, if any siblings exist, all of the following:
(A)The nature of the relationship between the child and his or her siblings.
(B)The appropriateness of developing or maintaining the sibling relationships pursuant to Section 16002.
(C)If the siblings are not placed together in the same home, why the siblings are not placed together and what efforts are being made to place the siblings together, or why those efforts are not appropriate.
(D)If the siblings are not placed together, all of the following:
(i)The frequency and nature of the visits between the siblings.
(ii)If there are visits between the siblings, whether the visits are supervised or unsupervised. If the visits are supervised, a discussion of the reasons why the visits are supervised, and what needs to be accomplished in order for the visits to be unsupervised.
(iii)If there are visits between the siblings, a description of the location and length of the visits.
(iv)Any plan to increase visitation between the siblings.
(E)The impact of the sibling relationships on the childs placement and planning for legal permanence.
(F)The continuing need to suspend sibling interaction, if applicable, pursuant to subdivision (c) of Section 16002.
(3)The factors the court may consider in making a determination regarding the nature of the childs sibling relationships may include, but are not limited to, whether the siblings were raised together in the same home, whether the siblings have shared significant common experiences or have existing close and strong bonds, whether either sibling expresses a desire to visit or live with his or her sibling, as applicable, and whether ongoing contact is in the childs best emotional interests.
(h)
(i)(1)When placement is made in a foster family home, group home, or other child care institution that is either a substantial distance from the home of the minors parent or legal guardian or out-of-state, out of state, the case plan shall specify the reasons why the placement is the most appropriate and is in the best interest of the minor.
(2)When an out-of-state group home placement is recommended or made, the case plan shall comply with Section 727.1 of this code and Section 7911.1 of the Family Code. In addition, documentation of the recommendation of the multidisciplinary team and the rationale for this particular placement shall be included. The case plan shall also address what in-state services or facilities were used or considered and why they were not recommended.
(i)
(j)If applicable, efforts to make it possible to place siblings together, unless it has been determined that placement together is not in the best interest of one or more siblings.
(j)
(k)A schedule of visits between the minor and the probation officer, including a monthly visitation schedule for those children placed in group homes.
(k)
(l)Health and education information about the minor, school records, immunizations, known medical problems, and any known medications the minor may be taking, names and addresses of the minors health and educational providers; the minors grade level performance; assurances that the minors placement in foster care takes into account proximity to the school in which the minor was enrolled at the time of placement; and other relevant health and educational information.
(l)
(m)When out-of-home services are used and the goal is reunification, the case plan shall describe the services that were provided to prevent removal of the minor from the home, those services to be provided to assist in reunification and the services to be provided concurrently to achieve legal permanency if efforts to reunify fail.
(m)
(n)(1)The updated case plan prepared for a permanency planning hearing shall include a recommendation for a permanent plan for the minor. The identified permanent plan for a minor under 16 years of age shall be return home, adoption, legal guardianship, or placement with a fit and willing relative. The case plan shall identify any barriers to achieving legal permanence and the steps the agency will take to address those barriers.
(2)If, after considering reunification, adoptive placement, legal guardianship, or permanent placement with a fit and willing relative the probation officer recommends placement in a planned permanent living arrangement, arrangement for a minor 16 years of age or older, the case plan shall include documentation of a compelling reason or reasons why termination of parental rights is not in the minors best interest. For purposes of this subdivision, a compelling reason shall have the same meaning as in subdivision (c) of Section 727.3. The case plan shall also identify the intensive and ongoing efforts to return the minor to the home of the parent, place the minor for adoption, establish a legal guardianship, or place the minor with a fit and willing relative, as appropriate. Efforts shall include the use of technology, including social media, to find biological family members of the minor.
(n)
(o)Each updated case plan shall include a description of the services that have been provided to the minor under the plan and an evaluation of the appropriateness and effectiveness of those services.
(o)
(p)A statement that the parent or legal guardian, and the minor have had an opportunity to participate in the development of the case plan, to review the case plan, to sign the case plan, and to receive a copy of the plan, or an explanation about why the parent, legal guardian, or minor was not able to participate or sign the case plan.
(p)
(q)For a minor in out-of-home care who is 16 years of age or older, a written description of the programs and services, which will help the minor prepare for the transition from foster care to independent living. successful adulthood.
SEC. 50.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 minors medical, surgical, and dental care and education as if the relative caregiver were the custodial parent of the minor.
(B)A foster home, the approved home of a resource family as defined in Section 16519.5, or a home or facility in accordance with the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(C)A suitable licensed community care facility, as identified by the probation officer, except a runaway and homeless youth shelter licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code.
(D)A foster family agency, as defined in subdivision (g) of Section 11400 and paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code, in a suitable program in a family home, which has been certified by the agency as meeting licensing standards. Commencing January 1, 2017, the requirements of Section 11462.01 shall be met.
(E)Commencing January 1, 2017, a minor or nonminor dependent may be placed in a short-term residential treatment center as defined in subdivision (ad) of Section 11400 and paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code, or a foster family agency, as defined in paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code. The placing agency shall also comply with requirements set forth in paragraph (9) of subdivision (e) of Section 361.2, which includes, but is not limited to, authorization, limitation on length of stay, extensions, and additional requirements related to minors. If the placement is longer than 12 months, the placement shall be approved by the chief probation officer of the county probation department, or his or her designee.
(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 minors 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 courts 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 minors 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. 51.Section 727.1 of the Welfare and Institutions Code is amended to read:727.1.(a)When the court orders the care, custody, and control of the minor to be under the supervision of the probation officer for foster care placement pursuant to subdivision (a) of Section 727, the decision regarding choice of placement, pursuant to Section 706.6, shall be based upon selection of a safe setting that is the least restrictive or most family like, and the most appropriate setting that meets the individual needs of the minor and is available, in proximity to the parents home, consistent with the selection of the environment best suited to meet the minors special needs and best interests. The selection shall consider, in order of priority, placement with relatives, tribal members, and foster family, group care, and residential treatment pursuant to Section 7950 of the Family Code.
(b)Unless otherwise authorized by law, the court may not order the placement of a minor who is adjudged a ward of the court on the basis that he or she is a person described by either Section 601 or 602 in a private residential facility or program that provides 24-hour supervision, outside of the state, unless the court finds, in its order of placement, that all of the following conditions are met:
(1)In-state facilities or programs have been determined to be unavailable or inadequate to meet the needs of the minor.
(2)The State Department of Social Services or its designee has performed initial and continuing inspection of the out-of-state residential facility or program and has either certified that the facility or program meets the greater of all licensure standards required of group homes or of short-term residential treatment centers operated in California, or that the department has granted a waiver to a specific licensing standard upon a finding that there exists no adverse impact to health and safety, pursuant to subdivision (c) of Section 7911.1 of the Family Code.
(3)The requirements of Section 7911.1 of the Family Code are met.
(c)If, upon inspection, the probation officer of the county in which the minor is adjudged a ward of the court determines that the out-of-state facility or program is not in compliance with the standards required under paragraph (2) of subdivision (b) or has an adverse impact on the health and safety of the minor, the probation officer may temporarily remove the minor from the facility or program. The probation officer shall promptly inform the court of the minors removal, and shall return the minor to the court for a hearing to review the suitability of continued out-of-state placement. The probation officer shall, within one business day of removing the minor, notify the State Department of Social Services Compact Administrator, and, within five working days, submit a written report of the findings and actions taken.
(d)The court shall review each of these placements for compliance with the requirements of subdivision (b) at least once every six months.
(e)The county shall not be entitled to receive or expend any public funds for the placement of a minor in an out-of-state group home or short-term residential treatment center, unless the conditions of subdivisions (b) and (d) are met.
SEC. 52.Section 827.11 is added to the Welfare and Institutions Code, to read:827.11.(a)The Legislature finds and declares all of the following:
(1)It is the intent of the Legislature to ensure quality care for children and youth who are placed in the continuum of foster care settings.
(2)Attracting and retaining quality caregivers is critical to achieving positive outcomes for children, youth, and families, and to ensuring the success of child welfare improvement efforts.
(3)Quality caregivers strengthen foster care by ensuring that a foster or relative family caring for a child provides the loving, committed, and skilled care that the child needs, while working effectively with the child welfare system to reach the childs goals.
(4)Caregivers who are informed of the childs educational, medical, dental, and mental health history and current needs are better able to meet those needs and address the effects of trauma, increasing placement stability and improving permanency outcomes.
(5)Sharing necessary information with the caregiver is a critical component of effective service delivery for children and youth in foster care.
(b)Therefore, consistent with state and federal law, information shall be provided to a caregiver regarding the childs or youths educational, medical, dental, and mental health history and current needs.
(c)This section is declaratory of existing law and is not intended to impose a new program or higher level of service upon any local agency. It is intended, however, that this restatement of existing law should engender a renewed sense of commitment to engaging foster parents in order to provide quality care to children and youth in foster care.
(d)No later than January 1, 2017, the department shall consult with representatives of the County Counsels Association of California, County Welfare Directors Association of California, and stakeholders to develop regulations or identify policy changes necessary to allow for the sharing of information as described in this section.
SEC. 53.Section 831 832 is added to the Welfare and Institutions Code, to read:831.832.(a)(1)To promote more effective communication needed for the development of a plan to address the needs of the child or youth and family, a person designated as a member of a child and family team as defined in paragraph (4) of subdivision (a) of Section 16501 may receive and disclose relevant information and records, subject to the confidentiality provisions of state and federal law.
(2)Information exchanged among the team shall be received in confidence for the limited purpose of providing necessary services and supports to the child or youth and family and shall not be further disclosed except to the juvenile court with jurisdiction over the child or as otherwise required by law. Civil and criminal penalties may apply to the inappropriate disclosure of information held by the team.
(b)(1) Each participant in the child and family team with legal power to consent shall sign an authorization to release information to team members. In the event that a child or youth who is a dependent or ward of the juvenile court does not have the legal power to consent to the release of information, the childs attorney or other authorized individual may consent on behalf of the child.
(2)Authorization to release information shall be in writing and shall comply with all other applicable state law governing release of medical, mental health, social service, and educational records, and that covers identified team members, including service providers, in order to permit the release of records to the team.
(3)This authorization shall not include release of adoption records.
(4)The knowing and informed consent to release information given pursuant to this section shall only be in force for the time that the child or youth, or family, or nonminor dependent, is participating in the child and family team.
(c)Upon obtaining the authorization to release information as described in subdivision (b), relevant information and records may be shared with members of the team. If the team determines that the disclosure of information would present a reasonable risk of a significant adverse or detrimental effect on the childs or youths psychological or physical safety, the information shall not be released.
(d)Information and records communicated or provided to the team, by all providers, programs, and agencies, as well as information and records created by the team in the course of serving its children, youth, and their families, shall be deemed private and confidential and shall be protected from discovery and disclosure by all applicable statutory and common law. Nothing in this section shall be construed to affect the authority of a health care provider to disclose medical information pursuant to paragraph (1) of subdivision (c) of Section 56.10 of the Civil Code.
(e)If the child welfare agency files or records, or any portions thereof, are privileged or confidential, pursuant to any other state law, except Section 827, or federal law or regulation, the requirements of that state law or federal law or regulation prohibiting or limiting release of the child welfare agency files or records, or any portions thereof, shall prevail.
(f)All discussions during team meetings are confidential unless disclosure is required by law. Notwithstanding any other law, testimony concerning any team meeting discussion is not admissible in any criminal or civil proceeding except as provided in paragraph (2) of subdivision (a).
(g)As used in this section, privileged information means any information subject to a privilege pursuant to Division 8 (commencing with Section 900) of the Evidence Code. Disclosure of otherwise privileged information to team members shall not be construed to waive the privilege.
SEC. 54.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 Californias 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, 2018.
(d)For the 200102 fiscal year, the 200203 fiscal year, the 200304 fiscal year, and the 200405 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. 55.Section 4096 of the Welfare and Institutions Code is amended to read:4096.(a)(1)Interagency collaboration and childrens program services shall be structured in a manner that will facilitate future implementation of the goals of Part 4 (commencing with Section 5850) of Division 5 to develop protocols outlining the roles and responsibilities of placing agencies and group homes regarding emergency and nonemergency placements of foster children in group homes.
(2)Components shall be added to state-county performance contracts required in Section 5650 that provide for reports from counties on how this section is implemented.
(3)The department shall develop performance contract components required by paragraph (2).
(4)Performance contracts subject to this section shall document that the procedures to be implemented in compliance with this section have been approved by the county social services department and the county probation department.
(b)Funds specified in subdivision (a) of Section 17601 for services to wards of the court and dependent children of the court shall be allocated and distributed to counties based on the number of wards of the court and dependent children of the court in the county.
(c)A county may utilize funds allocated pursuant to subdivision (b) only if the county has an established and operational interagency placement committee, with a membership that includes at least the county placement agency and a licensed mental health professional from the county department of mental health. If necessary, the funds may be used for costs associated with establishing the interagency placement committee.
(d)Subsequent to the establishment of an interagency placement committee, funds allocated pursuant to subdivision (b) shall be used to provide services to wards of the court and dependent children of the court jointly identified by county mental health, social services, and probation departments as the highest priority. Every effort shall be made to match those funds with funds received pursuant to Title XIX of the federal Social Security Act, contained in Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code.
(e)(1)Each interagency placement committee shall establish procedures whereby a ward of the court or dependent child of the court, or a voluntarily placed child whose placement is funded by the Aid to Families with Dependent Children-Foster Care Program, who is to be placed or is currently placed in a group home program at a rate classification level 13 or rate classification level 14 as specified in Section 11462.01, is assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3.
(2)The assessment required by paragraph (1) shall also indicate that the child or youth is in need of the care and services provided by that group home program.
(f)The interagency placement committee shall document the results of the assessment required by subdivision (e) and shall notify the appropriate group home provider and county placing agency, in writing, of those results within 10 days of the completion of the assessment.
(g)If the childs or youths placement is not funded by the Aid to Families with Dependent Children-Foster Care Program, a licensed mental health professional, which is defined to include a physician licensed under Section 2050 of the Business and Professions Code, a licensed psychologist within the meaning of subdivision (a) of Section 2902 of the Business and Professions Code, a licensed clinical social worker within the meaning of subdivision (a) of Section 4996 of the Business and Professions Code, a licensed marriage and family therapist within the meaning of subdivision (b) of Section 4980 of the Business and Professions Code, or a licensed professional clinical counselor within the meaning of subdivision (e) of Section 4999.12, shall certify that the child is assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3.
(h)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 56.Section 4096 is added to the Welfare and Institutions Code, to read:4096.(a)(1)Interagency collaboration and childrens program services shall be structured in a manner that will facilitate implementation of the goals of Part 4 (commencing with Section 5850) of Division 5 to develop protocols outlining the roles and responsibilities of placing agencies and short-term residential treatment centers regarding nonemergency placements of foster children in certified short-term residential treatment centers or foster family agencies.
(2)Components shall be added to state-county performance contracts required in Section 5650 that provide for reports from counties on how this section is implemented.
(3)The State Department of Health Care Services shall develop performance contract components required by paragraph (2).
(4)Performance contracts subject to this section shall document that the procedures to be implemented in compliance with this section have been approved by the county social services department and the county probation department.
(b)Funds specified in subdivision (a) of Section 17601 for services to wards of the court and dependent children of the court shall be allocated and distributed to counties based on the number of wards of the court and dependent children of the court in the county.
(c)A county may utilize funds allocated pursuant to subdivision (b) only if the county has established an operational interagency placement committee with a membership that includes at least the county placement agency and a licensed mental health professional from the county department of mental health. If necessary, the funds may be used for costs associated with establishing the interagency placement committee.
(d)Funds allocated pursuant to subdivision (b) shall be used to provide services to wards of the court and dependent children of the court jointly identified by county mental health, social services, and probation departments as the highest priority. Every effort shall be made to match those funds with funds received pursuant to Title XIX of the federal Social Security Act, contained in Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code.
(e)(1)Each interagency placement committee shall establish procedures whereby a ward of the court or dependent child of the court, or a voluntarily placed child whose placement is funded by the Aid to Families with Dependent Children-Foster Care Program, who is to be placed or is currently placed in a short-term residential treatment center program, as specified in Section 11462.01, or a group home granted an extension pursuant to Section 11462.04, shall be assessed to determine whether he or she meets the medical necessity criteria for Medi-Cal specialty mental health Early and Periodic Screening, Diagnosis, and Treatment services, as the criteria are described in Section 1830.210 of Title 9 of the California Code of Regulations, or assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3.
(2)The assessment required by paragraph (1) shall also indicate that the child is in need of the care and services provided by a short-term residential treatment center.
(3)Nothing in this subdivision shall prohibit an interagency placement committee from considering an assessment that was provided by a licensed mental health professional, as described in subdivision (g), and that was developed consistent with procedures established by the county pursuant to paragraph (1).
(f)The interagency placement committee shall document the results of the assessment required by subdivision (e) and shall notify the appropriate provider in writing, of those results within 10 days of the completion of the assessment.
(g)If the childs or youths placement is not funded by the Aid to Families with Dependent Children-Foster Care Program, a licensed mental health professional, or an otherwise recognized provider of mental health services, shall certify that the child has been assessed as meeting the medical necessity criteria for Medi-Cal specialty mental health Early and Periodic Screening, Diagnosis, and Treatment services, as the criteria are described in Section 1830.210 of Title 9 of the California Code of Regulations, or assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3. A licensed mental health professional includes a physician licensed under Section 2050 of the Business and Professions Code, a licensed psychologist within the meaning of subdivision (a) of Section 2902 of the Business and Professions Code, a licensed clinical social worker within the meaning of subdivision (a) of Section 4996 of the Business and Professions Code, a licensed marriage and family therapist within the meaning of subdivision (b) of Section 4980 of the Business and Professions Code, or a licensed professional clinical counselor within the meaning of subdivision (e) of Section 4999.12.
(h)This section shall become operative on January 1, 2017.
SEC. 57.Section 4096.1 is added to the Welfare and Institutions Code, to read:4096.1.(a)(1)Interagency collaboration and childrens program services shall be structured in a manner that will facilitate future implementation of the goals of Part 4 (commencing with Section 5850) of Division 5 to develop protocols outlining the roles and responsibilities of placing agencies and group homes regarding emergency and nonemergency placements of foster children in group homes.
(2)Components shall be added to state-county performance contracts required in Section 5650 that provide for reports from counties on how this section is implemented.
(3)The State Department of Health Care Services shall develop performance contract components required by paragraph (2).
(4)Performance contracts subject to this section shall document that the procedures to be implemented in compliance with this section have been approved by the county social services department and the county probation department.
(b)Funds specified in subdivision (a) of Section 17601 for services to wards of the court and dependent children of the court shall be allocated and distributed to counties based on the number of wards of the court and dependent children of the court in the county.
(c)A county may utilize funds allocated pursuant to subdivision (b) only if the county has established an operational interagency placement committee, with a membership that includes at least the county placement agency and a licensed mental health professional from the county department of mental health. If necessary, the funds may be used for costs associated with establishing the interagency placement committee.
(d)Subsequent to the establishment of an interagency placement committee, funds allocated pursuant to subdivision (b) shall be used to provide services to wards of the court and dependent children of the court jointly identified by county mental health, social services, and probation departments as the highest priority. Every effort shall be made to match those funds with funds received pursuant to Title XIX of the federal Social Security Act, contained in Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code.
(e)(1)Each interagency placement committee shall establish procedures whereby a ward of the court or dependent child of the court, or a voluntarily placed child whose placement is funded by the Aid to Families with Dependent Children-Foster Care Program, who is to be placed or is currently placed in a group home program at a rate classification level 13 or rate classification level 14 as specified in Section 11462.001, is assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3.
(2)The assessment required by paragraph (1) shall also indicate that the child or youth is in need of the care and services provided by that group home program.
(f)The interagency placement committee shall document the results of the assessment required by subdivision (e) and shall notify the appropriate group home provider and county placing agency, in writing, of those results within 10 days of the completion of the assessment.
(g)If the childs or youths placement is not funded by the Aid to Families with Dependent Children-Foster Care Program, a licensed mental health professional, as defined in subdivision (g) of Section 4096, shall certify that the child has been assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3.
(h)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 that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11463.1.
(i)This section shall become operative on January 1, 2017.
(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. 58.Section 4096.5 of the Welfare and Institutions Code is amended to read:4096.5.(a)The State Department of Health Care Services shall make a determination, within 45 days of receiving a request from a group home to be classified at RCL 13 or RCL 14 pursuant to Section 11462.01, to certify or deny certification that the group home program includes provisions for mental health treatment services that meet the needs of children who have been assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3. The department shall issue each certification for a period of one year and shall specify the effective date the program met the certification requirements. A program may be recertified if the program continues to meet the criteria for certification.
(b)The State Department of Health Care Services shall, in consultation with the County Behavioral Health Directors Association of California and representatives of provider organizations, develop the criteria for the certification required by subdivision (a) by July 1, 1992.
(c)(1)The State Department of Health Care Services may, upon the request of a county, delegate to that county the certification task.
(2)Any county to which the certification task is delegated pursuant to paragraph (1) shall use the criteria and format developed by the department.
(d)The State Department of Health Care Services or delegated county shall notify the State Department of Social Services Community Care Licensing Division immediately upon the termination of any certification issued in accordance with subdivision (a).
(e)Upon receipt of notification from the State Department of Social Services Community Care Licensing Division of any adverse licensing action taken after the finding of noncompliance during an inspection conducted pursuant to Section 1538.7 of the Health and Safety Code, the State Department of Health Care Services or the delegated county shall review the certification issued pursuant to this section.
(f)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 59.Section 4096.5 is added to the Welfare and Institutions Code, to read:4096.5.(a)All short-term residential treatment centers that operate a mental health program that serves children who have either been assessed as meeting the medical necessity criteria for Medi-Cal specialty mental health services under Early and Periodic Screening, Diagnosis, and Treatment services, as the criteria are described in Section 1830.20 of Title 9 of the California Code of Regulations, or who have been assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, shall obtain and have in good standing a mental health certification, as described in Section 11462.01, issued by the State Department of Health Care Services or a county mental health plan to which the department has delegated certification authority. This certification is a condition for receiving an Aid to Families with Dependent Children-Foster Care rate pursuant to Section 11462.01.
(b)The State Department of Health Care Services or a county mental health plan to which the department has delegated certification authority shall certify or deny certification within 45 days of receiving a certification request. The State Department of Health Care Services or a county mental health plan to which the department has delegated certification authority shall issue each certification for a period of one year and shall specify the effective date that the program met the program standards. Certified entities shall meet all program standards to be recertified.
(c)The State Department of Health Care Services shall promulgate regulations regarding program standards, oversight, enforcement, and due process for the mental health certification of short-term residential treatment centers.
(d)(1)Except for certification of short-term residential treatment centers operated by a county, the State Department of Health Care Services may, upon the request of a county, delegate to that county mental health plan the certification of short-term residential treatment center programs within its borders.
(2)Any county to which certification is delegated pursuant to paragraph (1) shall be responsible for the oversight and enforcement of program standards and the provision of due process for certified entities.
(e)The State Department of Health Care Services or a county mental health plan to which the department has delegated certification authority shall notify the State Department of Social Services immediately upon the termination of any certification issued in accordance with subdivisions (a) and (b).
(f)The State Department of Social Services shall notify the State Department of Health Care Services or a county to which the department has delegated certification authority immediately upon the revocation of any license issued pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code.
(g)Revocation of a license or a mental health certification shall be a basis for rate termination.
(h)This section shall become operative on January 1, 2017.
SEC. 60.Section 4096.55 is added to the Welfare and Institutions Code, to read:4096.55.(a)The State Department of Health Care Services shall make a determination, within 45 days of receiving a request from a group home to be classified at rate classification level 13 or rate classification level 14 pursuant to Section 11462.015, to certify or deny certification that the group home program includes provisions for mental health treatment services that meet the needs of children who have been assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3. The department shall issue each certification for a period of one year and shall specify the effective date the program met the certification requirements. A program may be recertified if the program continues to meet the criteria for certification.
(b)The State Department of Health Care Services shall, in consultation with the County Behavioral Health Directors Association of California and representatives of provider organizations, develop the criteria for the certification required by subdivision (a).
(c)(1)The State Department of Health Care Services may, upon the request of a county, delegate to that county the certification task.
(2)Any county to which the certification task is delegated pursuant to paragraph (1) shall use the criteria and format developed by the department.
(d)The State Department of Health Care Services or delegated county shall notify the State Department of Social Services Community Care Licensing Division immediately upon the termination of any certification issued in accordance with subdivision (a).
(e)Upon receipt of notification from the State Department of Social Services Community Care Licensing Division of any adverse licensing action taken after the finding of noncompliance during an inspection conducted pursuant to Section 1538.7 of the Health and Safety Code, the State Department of Health Care Services or the delegated county shall review the certification issued pursuant to this section.
(f)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.
(g)This section shall become operative on January 1, 2017.
(h)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. 61.Section 5600.3 of the Welfare and Institutions Code is amended to read:5600.3.To the extent resources are available, the primary goal of the use of funds deposited in the mental health account of the local health and welfare trust fund should be to serve the target populations identified in the following categories, which shall not be construed as establishing an order of priority:
(a)(1)Seriously emotionally disturbed children or adolescents.
(2)For the purposes of this part, seriously emotionally disturbed children or adolescents means minors under the age of 18 years who have a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, other than a primary substance use disorder or developmental disorder, which results in behavior inappropriate to the childs age according to expected developmental norms. Members of this target population shall meet one or more of the following criteria:
(A)As a result of the mental disorder, the child has substantial impairment in at least two of the following areas: self-care, school functioning, family relationships, or ability to function in the community; and either of the following occur:
(i)The child is at risk of removal from home or has already been removed from the home.
(ii)The mental disorder and impairments have been present for more than six months or are likely to continue for more than one year without treatment.
(B)The child displays one of the following: psychotic features, risk of suicide or risk of violence due to a mental disorder.
(C)The child has been assessed pursuant to Article 2 (commencing with Section 56320) of Chapter 4 of Part 30 of Division 4 of Title 2 of the Education Code and determined to have an emotional disturbance, as defined in paragraph (4) of subdivision (c) of Section 300.8 of Title 34 of the Code of Federal Regulations.
(b)(1)Adults and older adults who have a serious mental disorder.
(2)For the purposes of this part, serious mental disorder means a mental disorder that is severe in degree and persistent in duration, which may cause behavioral functioning which interferes substantially with the primary activities of daily living, and which may result in an inability to maintain stable adjustment and independent functioning without treatment, support, and rehabilitation for a long or indefinite period of time. Serious mental disorders include, but are not limited to, schizophrenia, bipolar disorder, post-traumatic stress disorder, as well as major affective disorders or other severely disabling mental disorders. This section shall not be construed to exclude persons with a serious mental disorder and a diagnosis of substance abuse, developmental disability, or other physical or mental disorder.
(3)Members of this target population shall meet all of the following criteria:
(A)The person has a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, other than a substance use disorder or developmental disorder or acquired traumatic brain injury pursuant to subdivision (a) of Section 4354 unless that person also has a serious mental disorder as defined in paragraph (2).
(B)(i)As a result of the mental disorder, the person has substantial functional impairments or symptoms, or a psychiatric history demonstrating that without treatment there is an imminent risk of decompensation to having substantial impairments or symptoms.
(ii)For the purposes of this part, functional impairment means being substantially impaired as the result of a mental disorder in independent living, social relationships, vocational skills, or physical condition.
(C)As a result of a mental functional impairment and circumstances, the person is likely to become so disabled as to require public assistance, services, or entitlements.
(4)For the purpose of organizing outreach and treatment options, to the extent resources are available, this target population includes, but is not limited to, persons who are any of the following:
(A)Homeless persons who are mentally ill.
(B)Persons evaluated by appropriately licensed persons as requiring care in acute treatment facilities including state hospitals, acute inpatient facilities, institutes for mental disease, and crisis residential programs.
(C)Persons arrested or convicted of crimes.
(D)Persons who require acute treatment as a result of a first episode of mental illness with psychotic features.
(5)California veterans in need of mental health services and who meet the existing eligibility requirements of this section, shall be provided services to the extent services are available to other adults pursuant to this section. Veterans who may be eligible for mental health services through the United States Department of Veterans Affairs should be advised of these services by the county and assisted in linking to those services.
(A)No eligible veteran shall be denied county mental health services based solely on his or her status as a veteran.
(B)Counties shall refer a veteran to the county veterans service officer, if any, to determine the veterans eligibility for, and the availability of, mental health services provided by the United States Department of Veterans Affairs or other federal health care provider.
(C)Counties should consider contracting with community-based veterans services agencies, where possible, to provide high-quality, veteran specific mental health services.
(c)Adults or older adults who require or are at risk of requiring acute psychiatric inpatient care, residential treatment, or outpatient crisis intervention because of a mental disorder with symptoms of psychosis, suicidality, or violence.
(d)Persons who need brief treatment as a result of a natural disaster or severe local emergency.
SEC. 62.Section 10553.12 of the Welfare and Institutions Code is amended to read:10553.12.(a)Notwithstanding any other law, a federally recognized tribe is authorized, but not required, to approve a home for the purpose of foster or adoptive placement of an Indian child pursuant to the Federal Indian Child Welfare Act (25 U.S.C. Sec. 1915).
(b)An Indian child, as defined by subdivisions (a) and (b) of Section 224, that has been removed pursuant to Section 361, from the custody or his or her parents or Indian custodian may be placed in a tribally approved home pursuant to Section 1915 of the federal Indian Child Welfare Act.
(c)To facilitate the availability of tribally approved homes that have been fully approved in accord with federal law, including completion of required background checks, a tribal agency may request from the Department of Justice federal and state summary criminal history information regarding a prospective foster parent or adoptive parent, an adult who resides or is employed in the home of an applicant, any person who has a familial or intimate relationship with any person living in the home of an applicant, or an employee of the child welfare agency who may have contact with children, in accord with subdivision (m) of Section 11105 of the Penal Code and Child Abuse Central Index Information pursuant to paragraph (8) of subdivision (b) of Section 11170 of the Penal Code.
(d)As used in this section, a tribal agency means an entity designated by a federally recognized tribe as authorized to approve homes consistent with the Indian Child Welfare Act for the purpose of placement of Indian children, into foster or adoptive care, including the authority to conduct criminal record and child abuse background checks of, and grant exemptions to, individuals who are prospective foster parents or adoptive parents, an adult who resides or is employed in the home of an applicant for approval, any person who has a familial or intimate relationship with any person living in the home of an applicant, or an employee of the tribal agency who may have contact with children.
(e)A county social worker may place an Indian child in a tribally approved home without having to conduct a separate background check, upon certification by the tribal agency of the following:
(1)The tribal agency has completed a criminal record background check in accord with the standards set forth in Section 1522 of the Health and Safety Code, and a Child Abuse Central Index Check pursuant to Section 1522.1 of the Health and Safety Code, with respect to each of the individuals described in subdivision (c).
(2)The tribal agency has agreed to report to a county child welfare agency responsible for a child placed in the tribally approved home, within 24 hours of notification to the tribal agency by the Department of Justice, of a subsequent state or federal arrest or disposition notification provided pursuant to Section 11105.2 of the Penal Code involving an individual associated with the tribally approved home where an Indian child is placed.
(3)If the tribal agency in its certification states that the individual was granted a criminal record exemption, the certification shall specify that the exemption was evaluated in accord with the standards and limitations set forth in paragraph (1) of subdivision (g) of Section 1522 of the Health and Safety Code and was not granted to an individual ineligible for an exemption under that provision.
SEC. 63.Section 11253.2 is added to the Welfare and Institutions Code, to read:11253.2.(a)Notwithstanding any other law, an application for aid filed on behalf of a child to whom Section 309, 361.45, or 16519.5 applies shall be processed pursuant to an expedited process as determined by the department in consultation with the counties.
(b)Subdivision (a) shall not apply if the person who applies for aid on behalf of a child described in subdivision (a) is also an applicant for or a recipient of benefits under this chapter.
(c)(1) Except as provided in paragraph (2), a person who applies for aid on behalf of a child described in subdivision (a) shall be exempt from Chapter 4.6 (commencing with Section 10830) of Part 2 governing the statewide fingerprint imaging system.
(2)A relative caregiver who is also an applicant for or a recipient of benefits under this chapter shall comply with the statewide fingerprint imaging system requirements.
SEC. 64.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 childs needs. It shall also include the agencys 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 childs family, and the foster parents, in order to meet the childs needs while in foster care, and to reunify the child with the childs family. In addition, the plan shall specify the services that will be provided or steps that will be taken to facilitate an alternate permanent plan if reunification is not possible.
(c)Certified family home means a family residence certified by a licensed foster family agency and issued a certificate of approval by that agency as meeting licensing standards, and used only by that foster family agency for placements.
(d)Family home means the family residence of a licensee in which 24-hour care and supervision are provided for children.
(e)Small family home means any residential facility, in the licensees 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 childs 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 childs return home or establishment of alternative permanent placement.
(j)Permanency planning hearing means a hearing conducted by the juvenile court in which the childs 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 childs placement; or to the responsibility designated to an individual by virtue of his or her being appointed the childs 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 members 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 nonminors 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 nonminors and social workers or probation officers 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 dependents 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 childs case plan submitted for the last review hearing held before he or she reaches 18 years of age or the nonminor dependents 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 nonminors appropriate supervised placement setting, and the nonminors 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 nonminors 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 nonminors 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 nonminors agreement to work collaboratively with the placing agency to develop his or her transitional independent living case plan within 60 days of reentry, the nonminors agreement to report any changes of circumstances relevant to continued eligibility for foster care payments, and (1) the nonminors 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 agencys 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 nonminors 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 courts 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 childs or youths case plan specifies the need for, nature of, and anticipated duration of this specialized treatment.
(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. 65.Section 11402 of the Welfare and Institutions Code is amended to read:11402.In order to be eligible for AFDC-FC, a child or nonminor dependent shall be placed in one of the following:
(a)Prior to January 1, 2019, 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 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)An exclusive-use home.
(g)A housing model certified by a licensed transitional housing placement provider as described in Section 1559.110 of the Health and Safety Code and as defined in subdivision (r) of Section 11400.
(h)An out-of-state group home, provided that the placement worker, in addition to complying with all other statutory requirements for placing a 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.
(i)An approved supervised independent living setting for nonminor dependents, as defined in subdivision (w) of Section 11400.
(j)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 66.Section 11402 is added to the Welfare and Institutions Code, to read:11402.In order to be eligible for AFDC-FC, a child or nonminor dependent shall be placed in one of the following:
(a)Prior to January 1, 2019, 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 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 approved home of a nonrelative extended family member, as described in Section 362.7.
(c)(1)Prior to January 1, 2019, the licensed family home of a nonrelative.
(2)The approved home of a resource family, as defined in Section 16519.5.
(d)(1)A housing model certified by a licensed transitional housing placement provider, as described in Section 1559.110 of the Health and Safety Code, and as defined in subdivision (r) of Section 11400.
(2)An approved supervised independent living setting for nonminor dependents, as defined in subdivision (w) of Section 11400.
(e)A licensed foster family agency, 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.
(f)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)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)A community treatment facility set forth in Article 5 (commencing with Section 4094) of Chapter 3 of Part 1 of Division 4.
(i)This section shall become operative on January 1, 2017.
SEC. 67.Section 11402.01 is added to the Welfare and Institutions Code, immediately following Section 11402, to read: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. 68.Section 11403.2 of the Welfare and Institutions Code is amended to read:11403.2.(a)The following persons shall be eligible for transitional housing provided pursuant to Article 4 (commencing with Section 16522) of Chapter 5 of Part 4:
(1)Any foster child at least 16 years of age and not more than 18 years of age, and, on or after January 1, 2012, any nonminor dependent, as defined in subdivision (v) of Section 11400, who is eligible for AFDC-FC benefits as described in Section 11401. A foster child under 18 years of age shall be eligible for placement in the program certified as a Transitional Housing Placement Program, pursuant to paragraph (1) of subdivision (a) of Section 16522.1. A nonminor dependent shall be eligible for placement in the program certified as a Transitional Housing Placement-Plus Foster Care Program pursuant to paragraph (2) of subdivision (a) of Section 16522.1.
(2)(A)Any former foster youth at least 18 years of age and, except as provided in subparagraph (B), not more than 24 years of age who has exited from the foster care system on or after his or her 18th birthday and elects to participate in Transitional Housing Program-Plus, as defined in subdivision (s) of Section 11400, if he or she has not received services under this paragraph for more than a total of 24 months, whether or not consecutive. If the person participating in a Transitional Housing Program-Plus is not receiving aid under Section 11403.1, he or she, as a condition of participation, shall enter into, and execute the provisions of, a transitional independent living plan that shall be mutually agreed upon, and annually reviewed, by the former foster youth and the applicable county welfare or probation department or independent living program coordinator. The person participating under this paragraph shall inform the county of any changes to conditions specified in the agreed-upon plan that affect eligibility, including changes in address, living circumstances, and the educational or training program.
(B)A county may, at its option, extend the services provided under subparagraph (A) to former foster youth not more than 25 years of age, and for a total of 36 months, whether or not consecutive, if the former foster youth, in addition to the requirements specified in subparagraph (A), meets either of the following criteria:
(i)The former foster youth is completing secondary education or a program leading to an equivalent credential.
(ii)The former foster youth is enrolled in an institution that provides postsecondary education.
(b)Payment on behalf of an eligible person receiving transitional housing services pursuant to paragraph (1) of subdivision (a) shall be made to the transitional housing placement provider pursuant to the conditions and limitations set forth in Section 11403.3. Notwithstanding Section 11403.3, the department, in consultation with concerned stakeholders, including, but not limited to, representatives of the Legislature, the County Welfare Directors Association of California, the Chief Probation Officers of California, the Judicial Council, representatives of Indian tribes, the California Youth Connection, former foster youth, child advocacy organizations, labor organizations, juvenile justice advocacy organizations, foster caregiver organizations, researchers, and transitional housing placement providers, shall convene a workgroup to establish a new rate structure for the Title IV-E funded THP-Plus Foster Care placement option for nonminor dependents. The workgroup shall also consider application of this new rate structure to the Transitional Housing Program-Plus, as described in paragraph (2) of subdivision (a) of Section 11403.3. In developing the new rate structure pursuant to this subdivision, the department shall consider the average rates in effect and being paid by counties to current transitional housing placement providers.
(c)The Legislature finds and declares that this subdivision was added in 2015 to clearly codify the requirement of existing law regarding the payment made on behalf of an eligible person receiving transitional housing services. The workgroup described in subdivision (b) recommended, and the department subsequently implemented, an annual adjustment to the payment made on behalf of an eligible person receiving transitional housing services. This annual adjustment has been, and shall continue to be, equal to the California Necessities Index applicable to each fiscal year. The Legislature hereby codifies that its intent remains in making this annual adjustment to support the care and supervision, including needed services and supports, for nonminor dependents who are receiving transitional housing services through the THP-Plus Foster Care Program.
SEC. 69.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 childs personal incidentals, liability insurance with respect to a child, reasonable travel to the childs 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, 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 years standard rate for rate classification level 14 for a group home.
(ii)Commencing January 1, 2017, the current fiscal years 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 countys 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. 70.Section 11461.2 of the Welfare and Institutions Code is amended to read:11461.2.(a)It is the intent of the Legislature to ensure quality care for children who are placed in the continuum of AFDC-FC eligible placement settings.
(b)The State Department of Social Services shall establish, in consultation with county welfare departments and other stakeholders, as appropriate, a working group to develop recommended revisions to the current ratesetting system, services, and programs serving children and families in the continuum of AFDC-FC eligible placement settings including, at a minimum, all programs provided by foster family agencies and group homes including those providing residentially based services, as defined in paragraph (1) of subdivision (a) of Section 18987.71.
(c)In developing the recommended revisions identified in subdivision (b), the working group shall consider all of the following:
(1)How ratesetting systems for foster care providers, including, at least, foster family agencies and group homes, can better support a continuum of programs and services that promote positive outcomes for children and families. This may include a process for matching the childs strengths and needs to the appropriate placement setting.
(2)How the provision of an integrated, comprehensive set of services including mental health and other critical services for children and youth support the achievement of well-being, permanency, and safety outcomes.
(3)How to ensure the provision of services in a family setting that promotes normal childhood experiences and that serves the needs of the child, including aftercare services, when appropriate.
(4)How to provide outcome-based evaluations of foster care providers or other methods of measuring quality improvement including measures of youth and families satisfaction with services provided and program effectiveness.
(5)How changes in the licensing, ratesetting, and auditing processes can improve the quality of foster care providers, the quality of services and programs provided, and enhance the oversight of care provided to children, including, but not limited to, accreditation, administrator qualifications, and the reassignment of these responsibilities within the department.
(d)In addition to the considerations in subdivision (c), the workgroup recommendations shall be based on the review and evaluation of the current ratesetting systems, actual cost data, and information from the provider community as well as research on other applicable ratesetting methodologies, evidence-based practices, information developed as a result of pilots approved by the director, and any other relevant information.
(e)(1)The workgroup shall develop the content, format, and data sources for reports to be posted by the department on a public Internet Web site describing the outcomes achieved by providers with foster care rates set by the department.
(2)Commencing January 1, 2017, and at least semiannually after that date, the department shall publish and make available on a public Internet Web site, short-term residential treatment center and foster family agency provider performance indicators.
(f)(1)Recommendations developed pursuant to this section shall include the plan required under subdivision (d) of Section 18987.7. Updates regarding the workgroups establishment and its progress toward meeting the requirements of this section shall be provided to the Legislature during 201213 and 201314 budget hearings. The revisions recommended pursuant to the requirements of subdivision (b) shall be submitted in a report to the appropriate policy and fiscal committees of the Legislature by October 1, 2014.
(2)The requirement for submitting a report pursuant to this subdivision is inoperative on October 1, 2018, pursuant to Section 10231.5 of the Government Code.
(g)The department shall retain the authority to extend the workgroup after October 1, 2014, to ensure that the objectives of this section are met and to reconvene this workgroup as necessary to address any future recommended changes to the continuum of AFDC-FC eligible placement settings pursuant to this section.
SEC. 71.Section 11462 of the Welfare and Institutions Code is amended to read:11462.(a)(1)Effective July 1, 1990, foster care providers licensed as group homes, as defined in departmental regulations, including public child care institutions, as defined in Section 11402.5, shall have rates established by classifying each group home program and applying the standardized schedule of rates. The department shall collect information from group providers beginning January 1, 1990, in order to classify each group home program.
(2)Notwithstanding paragraph (1), foster care providers licensed as group homes shall have rates established only if the group home is organized and operated on a nonprofit basis as required under subdivision (h) of Section 11400. The department shall terminate the rate effective January 1, 1993, of any group home not organized and operated on a nonprofit basis as required under subdivision (h) of Section 11400.
(3)(A)The department shall determine, consistent with the requirements of this chapter and other relevant requirements under law, the rate classification level (RCL) for each group home program on a biennial basis. Submission of the biennial rate application shall be made according to a schedule determined by the department.
(B)The department shall adopt regulations to implement this paragraph. The adoption, amendment, repeal, or readoption of a regulation authorized by this paragraph is deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement to describe specific facts showing the need for immediate action.
(b)A group home program shall be initially classified, for purposes of emergency regulations, according to the level of care and services to be provided using a point system developed by the department and described in the report, The Classification of Group Home Programs under the Standardized Schedule of Rates System, prepared by the State Department of Social Services, August 30, 1989.
(c)The rate for each RCL has been determined by the department with data from the AFDC-FC Group Home Rate Classification Pilot Study. The rates effective July 1, 1990, were developed using 1985 calendar year costs and reflect adjustments to the costs for each fiscal year, starting with the 198687 fiscal year, by the amount of the California Necessities Index computed pursuant to the methodology described in Section 11453. The data obtained by the department using 1985 calendar year costs shall be updated and revised by January 1, 1993.
(d)As used in this section, standardized schedule of rates means a listing of the 14 rate classification levels, and the single rate established for each RCL.
(e)Except as specified in paragraph (1), the department shall determine the RCL for each group home program on a prospective basis, according to the level of care and services that the group home operator projects will be provided during the period of time for which the rate is being established.
(1)(A)(i)For new and existing providers requesting the establishment of an RCL, and for existing group home programs requesting an RCL increase, the department shall determine the RCL no later than 13 months after the effective date of the provisional rate. The determination of the RCL shall be based on a program audit of documentation and other information that verifies the level of care and supervision provided by the group home program during a period of the two full calendar months or 60 consecutive days, whichever is longer, preceding the date of the program audit, unless the group home program requests a lower RCL. The program audit shall not cover the first six months of operation under the provisional rate.
(ii)For audit purposes, if the group home program serves a mixture of AFDC-FC eligible and ineligible children, the weighted hours for child care and social work services provided and the capacity of the group home shall be adjusted by the ratio of AFDC-FC eligible children to all children in placement.
(iii)Pending the departments issuance of the program audit report that determines the RCL for the group home program, the group home program shall be eligible to receive a provisional rate that shall be based on the level of care and service that the group home program proposes it will provide. The group home program shall be eligible to receive only the RCL determined by the department during the pendency of any appeal of the departments RCL determination.
(B)A group home program may apply for an increase in its RCL no earlier than two years from the date the department has determined the group home programs rate, unless the host county, the primary placing county, or a regional consortium of counties submits to the department in writing that the program is needed in that county, that the provider is capable of effectively and efficiently operating the proposed program, and that the provider is willing and able to accept AFDC-FC children for placement who are determined by the placing agency to need the level of care and services that will be provided by the program.
(C)To ensure efficient administration of the departments audit responsibilities, and to avoid the fraudulent creation of records, group home programs shall make records that are relevant to the RCL determination available to the department in a timely manner. Except as provided in this section, the department may refuse to consider, for purposes of determining the rate, any documents that are relevant to the determination of the RCL that are not made available by the group home provider by the date the group home provider requests a hearing on the departments RCL determination. The department may refuse to consider, for purposes of determining the rate, the following records, unless the group home provider makes the records available to the department during the fieldwork portion of the departments program audit:
(i)Records of each employees full name, home address, occupation, and social security number.
(ii)Time records showing when the employee begins and ends each work period, meal periods, split shift intervals, and total daily hours worked.
(iii)Total wages paid each payroll period.
(iv)Records required to be maintained by licensed group home providers under Title 22 of the California Code of Regulations that are relevant to the RCL determination.
(D)To minimize financial abuse in the startup of group home programs, when the departments RCL determination is more than three levels lower than the RCL level proposed by the group home provider, and the group home provider does not appeal the departments RCL determination, the department shall terminate the rate of a group home program 45 days after issuance of its program audit report. When the group home provider requests a hearing on the departments RCL determination, and the RCL determined by the director under subparagraph (E) is more than three levels lower than the RCL level proposed by the group home provider, the department shall terminate the rate of a group home program within 30 days of issuance of the directors decision. Notwithstanding the reapplication provisions in subparagraph (B), the department shall deny any request for a new or increased RCL from a group home provider whose RCL is terminated pursuant to this subparagraph, for a period of no greater than two years from the effective date of the RCL termination.
(E)A group home provider may request a hearing of the departments RCL determination under subparagraph (A) no later than 30 days after the date the department issues its RCL determination. The departments RCL determination shall be final if the group home provider does not request a hearing within the prescribed time. Within 60 days of receipt of the request for hearing, the department shall conduct a hearing on the RCL determination. The standard of proof shall be the preponderance of the evidence and the burden of proof shall be on the department. The hearing officer shall issue the proposed decision within 45 days of the close of the evidentiary record. The director shall adopt, reject, or modify the proposed decision, or refer the matter back to the hearing officer for additional evidence or findings within 100 days of issuance of the proposed decision. If the director takes no action on the proposed decision within the prescribed time, the proposed decision shall take effect by operation of law.
(2)Group home programs that fail to maintain at least the level of care and services associated with the RCL upon which their rate was established shall inform the department. The department shall develop regulations specifying procedures to be applied when a group home fails to maintain the level of services projected, including, but not limited to, rate reduction and recovery of overpayments.
(3)The department shall not reduce the rate, establish an overpayment, or take other actions pursuant to paragraph (2) for any period that a group home program maintains the level of care and services associated with the RCL for children actually residing in the facility. Determinations of levels of care and services shall be made in the same way as modifications of overpayments are made pursuant to paragraph (2) of subdivision (b) of Section 11466.2.
(4)A group home program that substantially changes its staffing pattern from that reported in the group home program statement shall provide notification of this change to all counties that have placed children currently in care. This notification shall be provided whether or not the RCL for the program may change as a result of the change in staffing pattern.
(f)(1)The standardized schedule of rates for the 200203, 200304, 200405, 200506, 200607, and 200708 fiscal years is:
FY 200203, 200304, 200405, 200506, 200607, and 200708 | ||
Rate Classification Level | Point Ranges | Standard Rate |
1 | Under 60 | $1,454 |
2 | 6089 | 1,835 |
3 | 90119 | 2,210 |
4 | 120149 | 2,589 |
5 | 150179 | 2,966 |
6 | 180209 | 3,344 |
7 | 210239 | 3,723 |
8 | 240269 | 4,102 |
9 | 270299 | 4,479 |
10 | 300329 | 4,858 |
11 | 330359 | 5,234 |
12 | 360389 | 5,613 |
13 | 390419 | 5,994 |
14 | 420 & Up | 6,371 |
(2)(A)For group home programs that receive AFDC-FC payments for services performed during the 200203, 200304, 200405, 200506, 200607, 200708, 200809, and 200910 fiscal years, the adjusted RCL point ranges below shall be used for establishing the biennial rates for existing programs, pursuant to paragraph (3) of subdivision (a) and in performing program audits and in determining any resulting rate reduction, overpayment assessment, or other actions pursuant to paragraph (2) of subdivision (e):
Adjusted Point Ranges for the 200203, 200304, | |
Rate Classification Level | 200405, 200506, 200607, 200708, 200809, and 200910 Fiscal Years |
1 | Under 54 |
2 | 5481 |
3 | 82110 |
4 | 111138 |
5 | 139167 |
6 | 168195 |
7 | 196224 |
8 | 225253 |
9 | 254281 |
10 | 282310 |
11 | 311338 |
12 | 339367 |
13 | 368395 |
14 | 396 & Up |
(B)Notwithstanding subparagraph (A), foster care providers operating group homes during the 200203, 200304, 200405, 200506, 200607, 200708, 200809, and 200910 fiscal years shall remain responsible for ensuring the health and safety of the children placed in their programs in accordance with existing applicable provisions of the Health and Safety Code and community care licensing regulations, as contained in Title 22 of the California Code of Regulations.
(C)Subparagraph (A) shall not apply to program audits of group home programs with provisional rates established pursuant to paragraph (1) of subdivision (e). For those program audits, the RCL point ranges in paragraph (1) shall be used.
(D)Rates applicable for the 200910 fiscal year pursuant to the act that adds this subparagraph shall be effective October 1, 2009.
(3)(A)For group home programs that receive AFDC-FC payments for services performed during the 200910 fiscal year the adjusted RCL point ranges below shall be used for establishing the biennial rates for existing programs, pursuant to paragraph (3) of subdivision (a) and in performing program audits and in determining any resulting rate reduction, overpayment assessment, or other actions pursuant to paragraph (2) of subdivision (e):
Rate | Adjusted Point Ranges |
|---|---|
Classification | for the 200910 |
Level | Fiscal Years |
1 | Under 39 |
2 | 3964 |
3 | 6590 |
4 | 91115 |
5 | 116141 |
6 | 142167 |
7 | 168192 |
8 | 193218 |
9 | 219244 |
10 | 245270 |
11 | 271295 |
12 | 296321 |
13 | 322347 |
14 | 348 & Up |
(B)Notwithstanding subparagraph (A), foster care providers operating group homes during the 200910 fiscal year shall remain responsible for ensuring the health and safety of the children placed in their programs in accordance with existing applicable provisions of the Health and Safety Code and community care licensing regulations as contained in Title 22 of the California Code of Regulations.
(C)Subparagraph (A) shall not apply to program audits of group home programs with provisional rates established pursuant to paragraph (1) of subdivision (e). For those program audits, the RCL point ranges in paragraph (1) shall be used.
(g)(1)(A)For the 19992000 fiscal year, the standardized rate for each RCL shall be adjusted by an amount equal to the California Necessities Index computed pursuant to the methodology described in Section 11453. The resultant amounts shall constitute the new standardized schedule of rates, subject to further adjustment pursuant to subparagraph (B).
(B)In addition to the adjustment in subparagraph (A), commencing January 1, 2000, the standardized rate for each RCL shall be increased by 2.36 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new standardized schedule of rates.
(2)Beginning with the 200001 fiscal year, the standardized schedule of rates shall be adjusted annually by an amount equal to the CNI computed pursuant to Section 11453, subject to the availability of funds. The resultant amounts shall constitute the new standardized schedule of rates.
(3)Effective January 1, 2001, the amount included in the standard rate for each Rate Classification Level (RCL) for the salaries, wages, and benefits for staff providing child care and supervision or performing social work activities, or both, shall be increased by 10 percent. This additional funding shall be used by group home programs solely to supplement staffing, salaries, wages, and benefit levels of staff specified in this paragraph. The standard rate for each RCL shall be recomputed using this adjusted amount and the resultant rates shall constitute the new standardized schedule of rates. The department may require a group home receiving this additional funding to certify that the funding was utilized in accordance with the provisions of this section.
(4)Effective January 1, 2008, the amount included in the standard rate for each RCL for the wages for staff providing child care and supervision or performing social work activities, or both, shall be increased by 5 percent, and the amount included for the payroll taxes and other employer-paid benefits for these staff shall be increased from 20.325 percent to 24 percent. The standard rate for each RCL shall be recomputed using these adjusted amounts, and the resulting rates shall constitute the new standardized schedule of rates.
(5)The new standardized schedule of rates as provided for in paragraph (4) shall be reduced by 10 percent, effective October 1, 2009, and the resulting rates shall constitute the new standardized schedule of rates.
(6)The rates of licensed group home providers, whose rates are not established under the standardized schedule of rates, shall be reduced by 10 percent, effective October 1, 2009.
(h)The standardized schedule of rates pursuant to subdivisions (f) and (g) shall be implemented as follows:
(1)Any group home program that received an AFDC-FC rate in the prior fiscal year at or above the standard rate for the RCL in the current fiscal year shall continue to receive that rate.
(2)Any group home program that received an AFDC-FC rate in the prior fiscal year below the standard rate for the RCL in the current fiscal year shall receive the RCL rate for the current year.
(i)(1)The department shall not establish a rate for a new program of a new or existing provider, or for an existing program at a new location of an existing provider, unless the provider submits a letter of recommendation from the host county, the primary placing county, or a regional consortium of counties that includes all of the following:
(A)That the program is needed by that county.
(B)That the provider is capable of effectively and efficiently operating the program.
(C)That the provider is willing and able to accept AFDC-FC children for placement who are determined by the placing agency to need the level of care and services that will be provided by the program.
(D)That, if the letter of recommendation is not being issued by the host county, the primary placing county has notified the host county of its intention to issue the letter and the host county was given the opportunity of 30 days to respond to this notification and to discuss options with the primary placing county.
(2)The department shall encourage the establishment of consortia of county placing agencies on a regional basis for the purpose of making decisions and recommendations about the need for, and use of, group home programs and other foster care providers within the regions.
(3)The department shall annually conduct a county-by-county survey to determine the unmet placement needs of children placed pursuant to Section 300 and Section 601 or 602, and shall publish its findings by November 1 of each year.
(j)The department shall develop regulations specifying ratesetting procedures for program expansions, reductions, or modifications, including increases or decreases in licensed capacity, or increases or decreases in level of care or services.
(k)For the purpose of this subdivision, program change means any alteration to an existing group home program planned by a provider that will increase the RCL or AFDC-FC rate. An increase in the licensed capacity or other alteration to an existing group home program that does not increase the RCL or AFDC-FC rate shall not constitute a program change.
(l)General unrestricted or undesignated private charitable donations and contributions made to charitable or nonprofit organizations shall not be deducted from the cost of providing services pursuant to this section. The donations and contributions shall not be considered in any determination of maximum expenditures made by the department.
(m)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 72.Section 11462 is added to the Welfare and Institutions Code, to read:11462.(a)The department shall commence development of a new payment structure for short-term residential treatment center program placements claiming Title IV-E funding, 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)Access to specialty mental health services for children who meet medical necessity criteria for specialty mental health services under the Medi-Cal Early and Periodic Screening, Diagnosis, and Treatment program.
(B)Transition support services for children, youth, and families upon initial entry and placement changes and for families who assume permanency through reunification, adoption, or guardianship.
(C)Educational and physical, behavioral, and mental health supports, including extracurricular activities and social supports.
(D)Activities designed to support transition-age youth and nonminor dependents in achieving a successful adulthood.
(E)Services to achieve permanency, including supporting efforts to reunify or achieve adoption or guardianship and efforts to maintain or establish relationships with parents, siblings, extended family members, tribes, or others important to the child or youth, as appropriate.
(F)When serving Indian children, as defined in subdivisions (a) and (b) of Section 224.1, the core services described in paragraphs (A) to (E), inclusive, which shall be provided to eligible children consistent with active efforts pursuant to Section 361.7.
(G)(i)Facilitating the identification and, as needed, the approval of resource families pursuant to Section 16519.5, for the purpose of transitioning children and youth to family-based care.
(ii)If a short-term residential treatment center elects to approve and monitor resource families directly, the center shall comply with all laws applicable to foster family agencies, including, but not limited to, those set forth in the Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code).
(iii)For short-term residential treatment centers that elect to approve and monitor resource families directly, the department shall have all the same duties and responsibilities as those centers have for licensed foster family agencies, as set forth in applicable law, including, but not limited to, those set forth in the Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code).
(2)The core services specified in subparagraphs (A) to (G), inclusive, of paragraph (1) are not intended to duplicate services already available to foster children in the community, but to support access to those services and supports to the extent they are already available. Those services and supports may include, but are not limited to, foster youth services available through county offices of education, Indian Health Services, or school-based extra-curricular activities.
(3)Specialized and intensive treatment supports that encompass the elements of nonmedical care and supervision necessary to meet a childs or youths safety and other needs that cannot be met in a family-based setting.
(4)Staff training.
(5)Health and Safety Code requirements.
(6)Accreditation that includes:
(A)Provision for all licensed short-term residential treatment centers to obtain and maintain in good standing accreditation from a nationally recognized accreditation agency, as identified by the department, with expertise in programs for children or youth group care facilities, as determined by the department.
(B)Promulgation by the department of information identifying that agency or agencies from which accreditation shall be required.
(C)Provision for timely reporting to the department of any change in accreditation status.
(7)Mental health certification, including a requirement to timely report to the department any change in mental health certificate status.
(8)Maximization of federal financial participation under Title IV-E and Title XIX of the Social Security Act.
(c)The department shall develop a system of governmental monitoring and oversight that shall be carried out in coordination with the State Department of Health Care Services. Oversight responsibilities shall include, but not be limited to, ensuring conformity with federal and state law, including program, fiscal, and health and safety audits and reviews. The state agencies shall attempt to minimize duplicative audits and reviews to reduce the administrative burden on providers.
(d)This section shall become operative on January 1, 2017.
SEC. 73.Section 11462.001 is added to the Welfare and Institutions Code, immediately following Section 11462, to read:11462.001.(a)(1)Foster care providers licensed as group homes, as defined in departmental regulations, including public child care institutions, as defined in Section 11402.5, shall have rates established by classifying each group home program and applying the standardized schedule of rates. The department shall collect information from group providers in order to classify each group home program.
(2)Notwithstanding paragraph (1), foster care providers licensed as group homes shall have rates established only if the group home is organized and operated on a nonprofit basis as required under subdivision (h) of Section 11400. The department shall terminate the rate of any group home not organized and operated on a nonprofit basis as required under subdivision (h) of Section 11400.
(3)(A)The department shall determine, consistent with the requirements of this chapter and other relevant requirements under law, the rate classification level (RCL) for each group home program on a biennial basis. Submission of the biennial rate application shall be made according to a schedule determined by the department.
(B)The department shall adopt regulations to implement this paragraph. The adoption, amendment, repeal, or readoption of a regulation authorized by this paragraph is deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement to describe specific facts showing the need for immediate action.
(b)A group home program shall be initially classified, for purposes of emergency regulations, according to the level of care and services to be provided using a point system developed by the department and described in the report, The Classification of Group Home Programs under the Standardized Schedule of Rates System, prepared by the State Department of Social Services, August 30, 1989.
(c)The rate for each RCL has been determined by the department with data from the AFDC-FC Group Home Rate Classification Pilot Study.
(d)As used in this section, standardized schedule of rates means a listing of the 14 rate classification levels, and the single rate established for each RCL.
(e)Except as specified in paragraph (1), the department shall determine the RCL for each group home program on a prospective basis, according to the level of care and services that the group home operator projects will be provided during the period of time for which the rate is being established.
(1)(A)(i)For new and existing providers requesting the establishment of an RCL, and for existing group home programs requesting an RCL increase, the department shall determine the RCL no later than 13 months after the effective date of the provisional rate. The determination of the RCL shall be based on a program audit of documentation and other information that verifies the level of care and supervision provided by the group home program during a period of the two full calendar months or 60 consecutive days, whichever is longer, preceding the date of the program audit, unless the group home program requests a lower RCL. The program audit shall not cover the first six months of operation under the provisional rate.
(ii)For audit purposes, if the group home program serves a mixture of AFDC-FC eligible and ineligible children, the weighted hours for child care and social work services provided and the capacity of the group home shall be adjusted by the ratio of AFDC-FC eligible children to all children in placement.
(iii)Pending the departments issuance of the program audit report that determines the RCL for the group home program, the group home program shall be eligible to receive a provisional rate that shall be based on the level of care and service that the group home program proposes it will provide. The group home program shall be eligible to receive only the RCL determined by the department during the pendency of any appeal of the departments RCL determination.
(B)A group home program may apply for an increase in its RCL no earlier than two years from the date the department has determined the group home programs rate, unless the host county, the primary placing county, or a regional consortium of counties submits to the department in writing that the program is needed in that county, that the provider is capable of effectively and efficiently operating the proposed program, and that the provider is willing and able to accept AFDC-FC children for placement who are determined by the placing agency to need the level of care and services that will be provided by the program.
(C)To ensure efficient administration of the departments audit responsibilities, and to avoid the fraudulent creation of records, group home programs shall make records that are relevant to the RCL determination available to the department in a timely manner. Except as provided in this section, the department may refuse to consider, for purposes of determining the rate, any documents that are relevant to the determination of the RCL that are not made available by the group home provider by the date the group home provider requests a hearing on the departments RCL determination. The department may refuse to consider, for purposes of determining the rate, the following records, unless the group home provider makes the records available to the department during the fieldwork portion of the departments program audit:
(i)Records of each employees full name, home address, occupation, and social security number.
(ii)Time records showing when the employee begins and ends each work period, meal periods, split shift intervals, and total daily hours worked.
(iii)Total wages paid each payroll period.
(iv)Records required to be maintained by licensed group home providers under Title 22 of the California Code of Regulations that are relevant to the RCL determination.
(D)To minimize financial abuse in the startup of group home programs, when the departments RCL determination is more than three levels lower than the RCL level proposed by the group home provider, and the group home provider does not appeal the departments RCL determination, the department shall terminate the rate of a group home program 45 days after issuance of its program audit report. When the group home provider requests a hearing on the departments RCL determination, and the RCL determined by the director under subparagraph (E) is more than three levels lower than the RCL level proposed by the group home provider, the department shall terminate the rate of a group home program within 30 days of issuance of the directors decision. Notwithstanding the reapplication provisions in subparagraph (B), the department shall deny any request for a new or increased RCL from a group home provider whose RCL is terminated pursuant to this subparagraph, for a period of no greater than two years from the effective date of the RCL termination.
(E)A group home provider may request a hearing of the departments RCL determination under subparagraph (A) no later than 30 days after the date the department issues its RCL determination. The departments RCL determination shall be final if the group home provider does not request a hearing within the prescribed time. Within 60 days of receipt of the request for hearing, the department shall conduct a hearing on the RCL determination. The standard of proof shall be the preponderance of the evidence and the burden of proof shall be on the department. The hearing officer shall issue the proposed decision within 45 days of the close of the evidentiary record. The director shall adopt, reject, or modify the proposed decision, or refer the matter back to the hearing officer for additional evidence or findings within 100 days of issuance of the proposed decision. If the director takes no action on the proposed decision within the prescribed time, the proposed decision shall take effect by operation of law.
(2)Group home programs that fail to maintain at least the level of care and services associated with the RCL upon which their rate was established shall inform the department. The department shall develop regulations specifying procedures to be applied when a group home fails to maintain the level of services projected, including, but not limited to, rate reduction and recovery of overpayments.
(3)The department shall not reduce the rate, establish an overpayment, or take other actions pursuant to paragraph (2) for any period that a group home program maintains the level of care and services associated with the RCL for children actually residing in the facility. Determinations of levels of care and services shall be made in the same way as modifications of overpayments are made pursuant to paragraph (2) of subdivision (b) of Section 11466.2.
(4)A group home program that substantially changes its staffing pattern from that reported in the group home program statement shall provide notification of this change to all counties that have placed children currently in care. This notification shall be provided whether or not the RCL for the program may change as a result of the change in staffing pattern.
(f)The standardized schedule of rates pursuant to subdivisions (f) and (g) of Section 11462, as that section read on January 1, 2015, shall be implemented as follows:
(1)Any group home program that received an AFDC-FC rate in the prior fiscal year at or above the standard rate for the RCL in the current fiscal year shall continue to receive that rate.
(2)Any group home program that received an AFDC-FC rate in the prior fiscal year below the standard rate for the RCL in the current fiscal year shall receive the RCL rate for the current year.
(g)(1)The department shall not establish a rate for a new program of a new or existing provider, or for an existing program at a new location of an existing provider, unless the provider submits a letter of recommendation from the host county, the primary placing county, or a regional consortium of counties that includes all of the following:
(A)That the program is needed by that county.
(B)That the provider is capable of effectively and efficiently operating the program.
(C)That the provider is willing and able to accept AFDC-FC children for placement who are determined by the placing agency to need the level of care and services that will be provided by the program.
(D)That, if the letter of recommendation is not being issued by the host county, the primary placing county has notified the host county of its intention to issue the letter and the host county was given the opportunity of 30 days to respond to this notification and to discuss options with the primary placing county.
(2)The department shall encourage the establishment of consortia of county placing agencies on a regional basis for the purpose of making decisions and recommendations about the need for, and use of, group home programs and other foster care providers within the regions.
(3)The department shall annually conduct a county-by-county survey to determine the unmet placement needs of children placed pursuant to Section 300 and Section 601 or 602, and shall publish its findings by November 1 of each year.
(h)The department shall develop regulations specifying ratesetting procedures for program expansions, reductions, or modifications, including increases or decreases in licensed capacity, or increases or decreases in level of care or services.
(i)For the purpose of this subdivision, program change means any alteration to an existing group home program planned by a provider that will increase the RCL or AFDC-FC rate. An increase in the licensed capacity or other alteration to an existing group home program that does not increase the RCL or AFDC-FC rate shall not constitute a program change.
(j)General unrestricted or undesignated private charitable donations and contributions made to charitable or nonprofit organizations shall not be deducted from the cost of providing services pursuant to this section. The donations and contributions shall not be considered in any determination of maximum expenditures made by the department.
(k)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.
(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. 74.Section 11462.01 of the Welfare and Institutions Code is amended to read:11462.01.(a)Commencing July 1, 1994, a group home program shall be classified at RCL 13 or RCL 14 if the program meets all of the following requirements:
(1)The group home program is providing, or has proposed to provide, the level of care and services necessary to generate sufficient points in the ratesetting process to be classified at RCL 13 if the rate application is for RCL 13 or to be classified at RCL 14 if the rate application is for RCL 14.
(2)(A)(i)The group home provider shall agree not to accept for placement into a group home program AFDC-FC funded children, including voluntary placements and seriously emotionally disturbed children placed out-of-home pursuant to an individualized education program developed under Article 2 (commencing with Section 56320) of Chapter 4 of Part 30 of Division 4 of Title 2 of the Education Code, who have not been approved for placement by an interagency placement committee, as described by Section 4096. The approval shall be in writing and shall indicate that the interagency placement committee has determined that the child is seriously emotionally disturbed and subject to Section 1502.4 of the Health and Safety Code, and that the child needs the level of care provided by the group home.
(ii)For purposes of clause (i), group home providers who accept seriously emotionally disturbed children who are 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 shall be deemed to have met the interagency placement committee approval for placement requirements of clause (i) if the individualized education program assessment indicates that the child has been determined to be seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3 and subject to Section 1502.4 of the Health and Safety Code, and needs the level of care described in clause (i).
(B)(i)Nothing in this subdivision shall prevent the emergency placement of a child into a group home program prior to the determination by the interagency placement committee pursuant to clause (i) of subparagraph (A) if a licensed mental health professional, as defined in the departments AFDC-FC ratesetting regulations, has evaluated, in writing, the child within 72 hours of placement, and determined the child to be seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, and in need of the care and services provided by the group home program.
(ii)The interagency placement committee shall, within 30 days of placement pursuant to clause (i), make the determination required by clause (i) of subparagraph (A).
(iii)If, pursuant to clause (ii), the placement is determined to be appropriate, the committee shall transmit the approval, in writing, to the county placing agency and the group home provider.
(iv)If, pursuant to clause (ii) the placement is determined not to be appropriate, the child shall be removed from the group home and referred to a more appropriate placement, as specified in subdivision (f).
(C)Commencing December 15, 1992, with respect to AFDC-FC funded children, only those children who are approved for placement by an interagency placement committee may be accepted by a group home under this subdivision.
(3)The group home program is certified by the State Department of Health Care Services pursuant to Section 4096.5.
(b)The department shall not establish a rate for a group home requesting a program change to RCL 13 or RCL 14 unless the group home provider submits a recommendation from the host county or the primary placing county that the program is needed and that the provider is willing and capable of operating the program at the level sought. For purposes of this subdivision, host county, primary placing county, and program change mean the same as defined in the departments AFDC-FC ratesetting regulations.
(c)The effective date of rates set at RCL 13 or RCL 14 shall be the date that all the requirements are met, but not prior to July 1 of that fiscal year. Nothing in this section shall affect RCL 13 or RCL 14 ratesetting determinations in prior years.
(d)Any group home program that has been classified at RCL 13 or RCL 14 pursuant to the requirements of subdivision (a) shall be reclassified at the appropriate lower RCL with a commensurate reduction in rate if either of the following occurs:
(1)The group home program fails to maintain the level of care and services necessary to generate the necessary number of points for RCL 13 or RCL 14, as required by paragraph (1) of subdivision (a). The determination of points shall be made consistent with the departments AFDC-FC ratesetting regulations for other rate classification levels.
(2)The group home program fails to maintain a certified mental health treatment program as required by paragraph (3) of subdivision (a).
(3)In the event of a determination under paragraph (1), the group home may appeal the finding or submit a corrective action plan. The appeal process specified in Section 11466.6 shall be available to RCL 13 and RCL 14 group home providers. During any appeal, the group home shall maintain the appropriate level of care.
(e)The interagency placement committee shall periodically review, but no less often than that required by current law, the placement of the child. If the committee determines that the child no longer needs, or is not benefiting from, placement in a RCL 13 or RCL 14 group home, the committee shall require the removal of the child and a new disposition.
(f)(1)(A)If, at any time subsequent to placement in an RCL 13 or RCL 14 group home program, the interagency placement committee determines either that the child is not seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, or is not in need of the care and services provided by the group home program, it shall notify, in writing, both the county placing agency and the group home provider within 10 days of the determination.
(B)The county placing agency shall notify the group home provider, in writing, within five days from the date of the notice from the committee, of the countys plan for removal of the child.
(C)The county placing agency shall remove the child from the group home program within 30 days from the date of the notice from the interagency placement committee.
(2)(A)If a county placing agency does not remove a child within 30 days from the date of the notice from the interagency placement committee, the group home provider shall notify the interagency placement committee and the department, in writing, of the countys failure to remove the child from the group home program.
(B)The group home provider shall make the notification required by subparagraph (A) within five days of the expiration of the 30-day removal period. If notification is made, a group home provider shall not be subject to an overpayment determination due to failure of the county placing agency to remove the child.
(3)Any county placing agency that fails to remove a child from a group home program under this paragraph within 30 days from the date of the notice from the interagency placement committee shall be assessed a penalty in the amount of the state and federal financial participation in the AFDC-FC rate paid on behalf of the child commencing on the 31st day and continuing until the child is removed.
(g)(1)If any RCL 13 or RCL 14 group home provider discovers that it does not have written approval for placement of any AFDC-FC funded child placed on or after December 15, 1992, from the interagency placement committee, it shall notify the county placing agency, in writing, and shall request the county to obtain approval from the interagency placement committee or remove the child from the group home program. A group home provider shall have 30 days from the childs first day of placement to discover the placement error and to notify the county placing agency.
(2)Any county placing agency that receives notification pursuant to paragraph (2) of subdivision (f) shall obtain approval for placement from the interagency placement committee or remove the child from the group home program within 30 days from the date of the notice from the group home provider. The program shall not be reclassified to a lower RCL for a violation of the provisions referred to in this paragraph.
(3)(A)If a county placing agency does not have the placement of a child approved by the interagency placement committee or removed from the group home within 30 days from the date of the notice from the group home provider, the group home provider shall notify the county placing agency and the department, in writing, of the countys failure to have the placement of the child approved or remove the child from the group home program.
(B)The group home provider shall make the notification required by subparagraph (A) within five days after the expiration of the 30-day approval or removal period. If notification is made, a group home provider shall not be subject to an overpayment determination due to failure of the county placing agency to remove the child.
(C)Any group home provider that fails to notify the county placing agency pursuant to subparagraph (A) shall be assessed a penalty in the amount of the AFDC-FC rate paid to the group home provider on behalf of the child commencing on the 31st day of placement and continuing until the county placing agency is notified.
(4)Any county placing agency that fails to have the placement of a child approved or to have the child removed from the group home program within 30 days shall be assessed a penalty in the amount of the state and federal financial participation in the AFDC-FC rate paid on behalf of the child commencing on the 31st day of placement and continuing until the child is removed.
(h)The department shall develop regulations to obtain payment of assessed penalties as provided in this section. For audit purposes and the application of penalties for RCL 13 and RCL 14 programs, the department shall apply statutory provisions that were in effect during the period for which the audit was conducted.
(i)(1)Nothing in this subparagraph shall prohibit a group home classified at RCL 13 or RCL 14 for purposes of the AFDC-FC program, from accepting private placements of children.
(2)When a referral is not from a public agency and no public funding is involved, there shall be no requirement for public agency review or determination of need.
(3)Children subject to paragraphs (1) and (2) shall have been assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, and subject to Section 1502.4 of the Health and Safety Code, by a licensed mental health professional, as defined in subdivision (g) of Section 4096.
(j)A child shall not be placed in a group home program classified at an RCL 13 or RCL 14 if the placement is paid for with county-only funds unless the child is assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, subject to Section 1502.4 of the Health and Safety Code, by a licensed mental health professional, as defined in subdivision (g) of Section 4096.
(k)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 75.Section 11462.01 is added to the Welfare and Institutions Code, to read:11462.01.(a)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, may have a program that is certified by the State Department of Health Care Services or by a county mental health plan to which the department has delegated certification authority, pursuant to Section 4096.5, or a program that is not certified, or both. A short-term residential treatment center shall accept for placement children who meet all of the following criteria, subject to the other requirements of subdivisions (b) and (c):
(1)The child does not require inpatient care in a licensed health facility.
(2)The child has been assessed as requiring the level of services provided in a short-term residential treatment center in order to maintain the safety and well-being of the child or others due to behaviors, including those resulting from traumas, that render the child or those around the child unsafe or at risk of harm, or that prevent the effective delivery of needed services and supports provided in the childs own home or in other family settings, such as with a relative, guardian, foster family, resource family, or adoptive family.
(3)The child meets at least one of the following conditions:
(A)The child has been assessed as meeting the medical necessity criteria for Medi-Cal specialty mental health Early and Periodic Screening, Diagnosis, and Treatment Services, as the criteria are described in Section 1830.210 of Title 9 of the California Code of Regulations.
(B)The child has been assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3.
(C)The child has been assessed as requiring the level of services provided in order to meet his or her behavioral or therapeutic needs. In appropriate circumstances, this may include any of the following:
(i)A commercially sexually exploited child.
(ii)A private voluntary placement, if the youth exhibits status offender behavior, the parents or other relatives feel they cannot control the childs behavior, and short-term intervention is needed to transition the child back into the home.
(iii)A juvenile sex offender.
(iv)A child who is affiliated with, or impacted by, a gang.
(b)A short-term residential treatment center program that is certified by the State Department of Health Care Services, or by a county mental health plan to which the department has delegated certification authority, pursuant to Section 4096.5, shall solely accept for placement, and provide access to mental health services to, children who meet the criteria in paragraphs (1) and (2) of subdivision (a), and meet the conditions of subparagraph (A) or (B) of paragraph (3) of subdivision (a), or both of those subparagraphs. Mental health services are provided directly by the certified program.
(c)A short-term residential treatment center program that is not certified pursuant to Section 4096.5 may shall solely accept for placement in that program a child who meets the criteria in paragraphs (1) and (2) of subdivision (a), and meets the conditions of subparagraph (A), (B), or (C) of paragraph (3) of subdivision (a), or any combination of those subparagraphs. A child who meets the conditions of subparagraphs (A) and (B) of paragraph (3) of subdivision (a) may be accepted for placement, if the interagency placement committee determines that a short-term residential treatment facility that is not certified has a program that meets the specific needs of the child and there is a commonality of needs with the other children in the short-term residential treatment center. In this situation, the short-term residential treatment center shall do either of the following:
(1)In the case of a child who is a Medi-Cal beneficiary, arrange for the child to receive specialty mental health services from the county mental health plan.
(2)In all other cases, arrange for the child to receive mental health services.
(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, may have a program that is certified by the State Department of Health Care Services, or by a county mental health plan to which the department has delegated certification authority, pursuant to Section 1810.435 or 1810.436 of Title 9 of the California Code of Regulations, or a program that is not certified, or both. A program, subject to subdivisions (e) and (f), shall provide access to mental health services to the children. A foster family agency, depending on whether or not it has a certified program, shall provide access to mental health services to children who do not require inpatient care in a licensed health facility and who meet any one or more of the following conditions:
(1)A child who has been assessed as meeting the medical necessity criteria for specialty mental health services under the Medi-Cal Early and Periodic Screening, Diagnosis, and Treatment benefit, as the criteria are described in Section 1830.210 of Title 9 of the California Code of Regulations.
(2)A child who has been assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3.
(3)A child who has been assessed as requiring the level of services to meet his or her behavioral or therapeutic needs.
(e)A foster family agency that is certified as a provider pursuant to Section 1810.435 or 1810.436 of Title 9 of the California Code of Regulations by the State Department of Health Care Services, or by a county mental health plan to which the department has delegated certification authority, shall provide access to mental health services directly to children in its program who do not require inpatient care in a licensed health facility and who meet the conditions of paragraph (1) or (2) of subdivision (d).
(f)A foster family agency that is not certified as described in subdivision (e) may provide access to mental health services in that program for children who do not require inpatient care in a licensed health facility and who meet the conditions of paragraphs (1) and (2) of subdivision (d). In this situation the foster family agency shall do the following:
(1)In the case of a child who is a Medi-Cal beneficiary, have written interagency protocols in place to arrange for specialty mental health services from the county mental health plan or an organizational provider, as defined in Section 1810.231 of Title 9 of California Code of Regulations.
(2)In all other cases, arrange for the child to receive mental health services.
(g)All short-term residential treatment centers and foster family agencies that operate a certified program shall maintain the level of care and services necessary to meet the needs of the children and youth in their care and shall maintain and have in good standing the appropriate mental health certification issued by the State Department of Health Care Services or a county mental health plan to which the department has delegated certification authority, pursuant to Section 4096.5 of this code or Section 1810.435 or 1810.436 of Title 9 of the California Code of Regulations.
(h)The assessments described in subparagraphs (A) and (B) of paragraph (3) of subdivision (a) and paragraphs (1) and (2) of subdivision (d), shall be made by all of the following, as applicable:
(1)An interagency placement committee, as described in Section 4096, considering the recommendations from the child and family team, if any are available.
(2)A licensed mental health professional as defined in subdivision (g) of Section 4096.
(3)For the purposes of this section, an AFDC-FC funded child with 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 that assesses the child as seriously emotionally disturbed, as defined in, and subject to, this section and recommends out-of-home placement at the level of care provided by the provider, shall be deemed to have met the assessment requirement.
(4)For the purposes of this section, and only for placement into a foster family agency, an AFDC-FC funded child assessed pursuant to subdivision (b) of Section 706.6 or paragraph (2) of subdivision (c) of Section 16501.1, in consultation with a mental health professional, as defined in subdivision (g) of Section 4096.5, shall be deemed to have met the assessment requirement.
(i)The assessments described in subparagraph (C) of paragraph (3) of subdivision (a) and paragraph (3) of subdivision (d) shall be made pursuant to subdivision (b) of Section 706.6 or paragraph (2) of subdivision (c) of Section 16501.1.
(j)(1)The provider shall ensure that AFDC-FC funded children, assessed pursuant to subparagraphs (A) and (B) of paragraph (3) of subdivision (a) or paragraphs (1) and (2) of subdivision (d), who are accepted for placement have been approved for placement by an interagency placement committee, as described in Section 4096, except as provided for in paragraphs (3) and (4) of subdivision (h).
(2)The approval shall be in writing and shall indicate that the interagency placement committee has determined all of the following:
(A)The child meets the medical necessity criteria for Medi-Cal specialty mental health Early and Periodic Screening, Diagnosis, and Treatment services, as the criteria are described in Section 1830.210 of Title 9 of the California Code of Regulations.
(B)The child is seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3.
(C)Subject to Section 1502.4 of the Health and Safety Code, the child needs the level of care provided by the program.
(3)(A)Nothing in subdivisions (a) to (i), inclusive, or this subdivision shall prevent an emergency placement of a child or youth into a certified short-term residential treatment center or foster family agency program prior to the determination by the interagency placement committee, but only if a licensed mental health professional, as defined in subdivision (g) of Section 4096, has made a written determination within 72 hours of the childs or youths placement, that the child or youth is seriously emotionally disturbed and is in need of the care and services provided by the certified short-term residential treatment center or foster family agency.
(i)The interagency placement committee, as appropriate, shall, within 30 days of placement, make the determinations, with recommendations from the child and family team, required by this subdivision.
(ii)If it determines the placement is appropriate, the interagency placement committee, with recommendations from the child and family team, shall transmit the approval, in writing, to the county placing agency and the short-term residential treatment center or foster family agency.
(iii)If it determines the placement is not appropriate, the interagency placement committee shall respond pursuant to subparagraph (B).
(B)If the interagency placement committee determines at any time that the placement is not appropriate, it shall, with recommendations from the child and family team, transmit the disapproval, in writing, to the county placing agency and the short-term residential treatment center or foster family agency, and the child or youth shall be referred to an appropriate placement, as specified in this section.
(k)Commencing January 1, 2017, for AFDC-FC funded children or youth, only those children or youth who are approved for placement, as set forth in this section, may be accepted by a short-term residential treatment center or foster family agency.
(l)The department shall, through regulation, establish consequences for the failure of a short-term residential treatment center, or a foster family agency, to obtain written approval for placement of an AFDC-FC funded child or youth pursuant to this section.
(m)The department shall not establish a rate for a short-term residential treatment center or foster family agency unless the provider submits a recommendation from the host county or the primary placing county that the program is needed and that the provider is willing and capable of operating the program at the level sought. For purposes of this subdivision, host county, and primary placing county, mean the same as defined in the departments AFDC-FC ratesetting regulations.
(n)Any certified short-term residential treatment center or foster family agency shall be reclassified and paid at the appropriate program rate for which it is qualified if either of the following occurs:
(1)(A)It fails to maintain the level of care and services necessary to meet the needs of the children and youth in care, as required by subdivision (a). The determination shall be made consistent with the departments AFDC-FC ratesetting regulations developed pursuant to Sections 11462 and 11463 and shall take into consideration the highest level of care and associated rates for which the program is eligible.
(B)In the event of a determination under this paragraph, the short-term residential treatment center or foster family agency may appeal the finding or submit a corrective action plan. The appeal process specified in Section 11466.6 shall be available to a short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment. During any appeal, the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment shall maintain the appropriate level of care.
(2)It fails to maintain a certified mental health treatment program as required by subdivision (g).
(o)In addition to any other review required by law, the child and family team as defined in paragraph (4) of subdivision (a) of Section 16501 may periodically review the placement of the child or youth. If the child and family team make a recommendation that the child or youth no longer needs, or is not benefiting from, placement in a short-term residential treatment center or foster family agency, or one of its programs, the team shall transmit the disapproval, in writing, to the county placing agency to consider a more appropriate placement.
(p)The department shall develop a process to address placements when, subsequent to the childs or youths placement, a determination is made by the interagency placement team and shall consider the recommendations of the child and family team, either that the child or youth is not in need of the care and services provided by the certified program. The process shall include, but not be limited to:
(1)Notice of the determination in writing to both the county placing agency and the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment.
(2)Notice of the countys plan, and a time frame, for removal of the child or youth in writing to the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment.
(3)Referral to an appropriate placement.
(4)Actions to be taken if a child or youth is not timely removed from the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment or placed in an appropriate placement.
(q)(1)Nothing in this section shall prohibit a short-term residential treatment center or foster family agency from accepting private placements of children or youth.
(2)When a referral is not from a public agency and no public funding is involved, there is no requirement for public agency review nor determination of need.
(3)Children and youth subject to paragraphs (1) and (2) shall have been determined to be seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, and subject to Section 1502.4 of the Health and Safety Code, by a licensed mental health professional, as defined in subdivision (g) of Section 4096.
(r)This section shall become operative on January 1, 2017.
SEC. 76.Section 11462.015 is added to the Welfare and Institutions Code, to read:11462.015.(a)A group home program shall be classified at RCL 13 or RCL 14 if the program meets all of the following requirements:
(1)The group home program is providing, or has proposed to provide, the level of care and services necessary to generate sufficient points in the ratesetting process to be classified at RCL 13 if the rate application is for RCL 13 or to be classified at RCL 14 if the rate application is for RCL 14.
(2)(A)(i)The group home provider shall agree not to accept for placement into a group home program AFDC-FC funded children, including voluntary placements and children who have been assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, 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, who have not been approved for placement by an interagency placement committee, as described by Section 4096.1. The approval shall be in writing and shall indicate that the interagency placement committee has determined that the child is seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, and subject to Section 1502.45 of the Health and Safety Code, and that the child needs the level of care provided by the group home.
(ii)For purposes of clause (i), group home providers who accept children who have been assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, who are assessed and 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 shall be deemed to have met the interagency placement committee approval for placement requirements of clause (i) if the individualized education program assessment indicates that the child has been determined to be seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, and subject to Section 1502.45 of the Health and Safety Code, and needs the level of care described in clause (i).
(B)(i)Nothing in this subdivision shall prevent the emergency placement of a child into a group home program prior to the determination by the interagency placement committee pursuant to clause (i) of subparagraph (A) if a licensed mental health professional, as defined in the departments AFDC-FC ratesetting regulations, has evaluated, in writing, the child within 72 hours of placement, and has determined the child to be seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, and in need of the care and services provided by the group home program.
(ii)The interagency placement committee shall, within 30 days of placement pursuant to clause (i), make the determination required by clause (i) of subparagraph (A).
(iii)If, pursuant to clause (ii), the placement is determined to be appropriate, the committee shall transmit the approval, in writing, to the county placing agency and the group home provider.
(iv)If, pursuant to clause (ii) the placement is determined not to be appropriate, the child shall be removed from the group home and referred to a more appropriate placement, as specified in subdivision (f).
(C)With respect to AFDC-FC funded children, only those children who are approved for placement by an interagency placement committee may be accepted by a group home under this subdivision.
(3)The group home program is certified by the State Department of Health Care Services pursuant to Section 4096.5.
(b)The department shall not establish a rate for a group home requesting a program change to RCL 13 or RCL 14 unless the group home provider submits a recommendation from the host county or the primary placing county that the program is needed and that the provider is willing and capable of operating the program at the level sought. For purposes of this subdivision, host county, primary placing county, and program change mean the same as defined in the departments AFDC-FC ratesetting regulations.
(c)The effective date of rates set at RCL 13 or RCL 14 shall be the date that all the requirements are met, but not prior to July 1 of that fiscal year. Nothing in this section shall affect RCL 13 or RCL 14 ratesetting determinations in prior years.
(d)Any group home program that has been classified at RCL 13 or RCL 14 pursuant to the requirements of subdivision (a) shall be reclassified at the appropriate lower RCL with a commensurate reduction in rate if either of the following occurs:
(1)The group home program fails to maintain the level of care and services necessary to generate the necessary number of points for RCL 13 or RCL 14, as required by paragraph (1) of subdivision (a). The determination of points shall be made consistent with the departments AFDC-FC ratesetting regulations for other rate classification levels.
(2)The group home program fails to maintain a certified mental health treatment program as required by paragraph (3) of subdivision (a).
(3)In the event of a determination under paragraph (1), the group home may appeal the finding or submit a corrective action plan. The appeal process specified in Section 11466.6 shall be available to RCL 13 and RCL 14 group home providers. During any appeal, the group home shall maintain the appropriate level of care.
(e)The interagency placement committee shall periodically review, but no less often than that required by current law, the placement of the child. If the committee determines that the child no longer needs, or is not benefiting from, placement in a RCL 13 or RCL 14 group home, the committee shall require the removal of the child and a new disposition.
(f)(1)(A)If, at any time subsequent to placement in an RCL 13 or RCL 14 group home program, the interagency placement committee determines either that the child is not seriously emotionally disturbed or is not in need of the care and services provided by the group home program, it shall notify, in writing, both the county placing agency and the group home provider within 10 days of the determination.
(B)The county placing agency shall notify the group home provider, in writing, within five days from the date of the notice from the committee, of the countys plan for removal of the child.
(C)The county placing agency shall remove the child from the group home program within 30 days from the date of the notice from the interagency placement committee.
(2)(A)If a county placing agency does not remove a child within 30 days from the date of the notice from the interagency placement committee, the group home provider shall notify the interagency placement committee and the department, in writing, of the countys failure to remove the child from the group home program.
(B)The group home provider shall make the notification required by subparagraph (A) within five days of the expiration of the 30-day removal period. If notification is made, a group home provider shall not be subject to an overpayment determination due to failure of the county placing agency to remove the child.
(3)Any county placing agency that fails to remove a child from a group home program under this paragraph within 30 days from the date of the notice from the interagency placement committee shall be assessed a penalty in the amount of the state and federal financial participation in the AFDC-FC rate paid on behalf of the child commencing on the 31st day and continuing until the child is removed.
(g)(1)If any RCL 13 or RCL 14 group home provider discovers that it does not have written approval for placement of any AFDC-FC funded child from the interagency placement committee, it shall notify the county placing agency, in writing, and shall request the county to obtain approval from the interagency placement committee or remove the child from the group home program. A group home provider shall have 30 days from the childs first day of placement to discover the placement error and to notify the county placing agency.
(2)Any county placing agency that receives notification pursuant to paragraph (2) of subdivision (f) shall obtain approval for placement from the interagency placement committee or remove the child from the group home program within 30 days from the date of the notice from the group home provider. The program shall not be reclassified to a lower RCL for a violation of the provisions referred to in this paragraph.
(3)(A)If a county placing agency does not have the placement of a child approved by the interagency placement committee or removed from the group home within 30 days from the date of the notice from the group home provider, the group home provider shall notify the county placing agency and the department, in writing, of the countys failure to have the placement of the child approved or remove the child from the group home program.
(B)The group home provider shall make the notification required by subparagraph (A) within five days after the expiration of the 30-day approval or removal period. If notification is made, a group home provider shall not be subject to an overpayment determination due to failure of the county placing agency to remove the child.
(C)Any group home provider that fails to notify the county placing agency pursuant to subparagraph (A) shall be assessed a penalty in the amount of the AFDC-FC rate paid to the group home provider on behalf of the child commencing on the 31st day of placement and continuing until the county placing agency is notified.
(4)Any county placing agency that fails to have the placement of a child approved or to have the child removed from the group home program within 30 days shall be assessed a penalty in the amount of the state and federal financial participation in the AFDC-FC rate paid on behalf of the child commencing on the 31st day of placement and continuing until the child is removed.
(h)The department shall develop regulations to obtain payment of assessed penalties as provided in this section. For audit purposes and the application of penalties for RCL 13 and RCL 14 programs, the department shall apply statutory provisions that were in effect during the period for which the audit was conducted.
(i)(1)Nothing in this subdivision shall prohibit a group home classified at RCL 13 or RCL 14 for purposes of the AFDC-FC program, from accepting private placements of children.
(2)When a referral is not from a public agency and no public funding is involved, there shall be no requirement for public agency review or determination of need.
(3)Children subject to paragraphs (1) and (2) shall have been assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, and subject to Section 1502.45 of the Health and Safety Code, by a licensed mental health professional, as defined in subdivision (g) of Section 4096.
(j)A child shall not be placed in a group home program classified at an RCL 13 or RCL 14 if the placement is paid for with county-only funds unless the child is assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, and subject to Section 1502.45 of the Health and Safety Code, by a licensed mental health professional, as defined in subdivision (g) of Section 4096.
(k)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.
(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. 77.Section 11462.02 of the Welfare and Institutions Code is amended to read:11462.02.(a)Notwithstanding paragraph (2) of subdivision (a) of Section 11462, a foster care provider licensed as a group home also may have a rate established if the group home is operated by the County of San Mateo, as provided by subdivision (h) of Section 11400.
(b)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 78.Section 11462.02 is added to the Welfare and Institutions Code, to read:11462.02.(a)Any existing county-operated foster family agency or group home, including the group home operated by the County of San Mateo, shall, commencing January 1, 2017, be classified as, and shall meet all of the requirements of, a foster family agency or a short-term residential treatment center, as defined respectively in subdivisions (g) and (ad) of Section 11400, to be eligible to receive AFDC-FC funds.
(b)Notwithstanding any other law, the State Department of Social Services may license a county as a foster family agency or as a short-term residential treatment center.
(c)If a county exercises its option to operate a foster family agency or a short-term residential treatment center, the county shall submit an application and shall comply with the requirements of Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code related to foster family agency programs or a short-term residential treatment center, as applicable.
(d)A county that requests, and is granted, a license for a foster family agency or short-term residential treatment center shall apply for an AFDC-FC rate pursuant to Section 11462 or 11463, as applicable.
(e)As a condition for eligibility for an AFDC-FC rate for a short-term residential treatment center or a foster family agency, the county shall comply with all applicable law concerning a short-term residential treatment center or foster family agency, including, but not limited to, the following provisions related to licensing, rate, audit, due process, enforcement, and overpayment collection:
(1)Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code.
(2)Article 10 (commencing with Section 360) of Chapter 2 of Part 1 of Division 2 of this code.
(3)Article 18 (commencing with Section 725) of Chapter 2 of Part 1 of Division 2 of this code.
(4)Article 22 (commencing with Section 825) of Chapter 2 of Part 1 of Division 2 of this code.
(5)Article 5 (commencing with Section 11400) of Chapter 2 of Part 3 of Division 9 of this code.
(6)Article 6 (commencing with Section 11450) of Chapter 2 of Part 3 of Division 9 of this code.
(f)The state is not obligated under Section 36 of Article XIII of the California Constitution to provide any annual funding to a county to comply with this section; with any regulation, executive order, or administrative order implementing this section; or with any federal statute or regulation related to this section, because the countys operation of a licensed short-term residential treatment center or foster family agency is optional for the county and is not required by this section.
(g)Counties licensed to operate a foster family agency or short-term residential treatment center shall, as a condition to receiving payment, ensure that its conflict-of-interest mitigation plan, submitted to the department pursuant to subdivision (d) of Section 1506.1 and subdivision (d) of Section 1562.01 of the Health and Safety Code, addresses, but is not limited to, the following:
(1)A decision to place children and youth in a county-operated facility when alternative appropriate placement options exist.
(2)The reporting by county staff to the department or other agencies of observed noncompliant conditions or health and safety concerns in county-operated foster family agencies or short-term residential treatment centers.
(3)The cross-reporting of reports received from mandatory child abuse and neglect reporters involving county-operated foster family agencies and short-term residential treatment center programs.
(4)Disclosures of fatalities and near fatalities of children placed in county-operated foster family agencies and short-term residential treatment centers.
(h)This section shall become operative on January 1, 2017.
SEC. 79.Section 11462.021 is added to the Welfare and Institutions Code, to read:11462.021.(a)Notwithstanding paragraph (2) of subdivision (a) of Section 11462, a foster care provider licensed as a group home also may have a rate established if the group home is operated by the County of San Mateo, as provided by subdivision (h) of Section 11400.
(b)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.
(c)This section shall become operative on January 1, 2017.
(d)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. 80.Section 11462.022 is added to the Welfare and Institutions Code, to read:11462.022.(a)Upon meeting the licensure requirements pursuant to Section 1530.8 of the Health and Safety Code, a county child welfare agency operating a temporary shelter care facility, as defined in Section 1530.8 of the Health and Safety Code, shall comply with this section.
(b)Prior to detaining the child in the temporary shelter care facility, the child welfare agency shall make reasonable efforts, consistent with current law, to place the child with a relative, tribal member, nonrelative extended family member, or in a licensed, certified, approved or tribally approved foster family home or approved resource family. When the child welfare agency has reason to believe that the child is or may be an Indian child, the agency shall make active efforts to comply with the federal Indian Child Welfare Act placement preferences, as required by subdivision (k) of Section 361.31.
(c)A child may be detained or placed in a temporary shelter care facility only for the duration necessary to enable the county placing agency to perform the required assessments and to appropriately place the child.
(d)Upon admission, the temporary shelter care facility shall provide each child with health, mental health, and developmental screenings, as applicable. Commencing when a child is admitted into a temporary shelter care facility, and continuing until the childs discharge from the facility, the county welfare agency shall continuously strive to identify and place the child in an appropriate licensed or approved home or facility.
(e)The temporary shelter care facility shall ensure that the following services, at a minimum, are identified in the facilitys plan of operation and are available to children detained at the facility:
(1)Medical, developmental, behavioral, and mental health assessments based on the information obtained through the screenings required pursuant to subdivision (d).
(2)Based on the screening, assessments, and other information obtained about the child, identification of the appropriate placement resources that meet the childs needs.
(3)Trauma-informed services and interventions.
(4)Crisis intervention services.
(5)Care and supervision provided by trauma-informed trained and qualified staff.
(6)Referrals to and coordination with service providers who can meet the medical, developmental, behavioral, or mental health needs of the child identified upon admission.
(7)Educational services to ensure the childs educational progress, including efforts to maintain the child in his or her school of origin if practical.
(8)Visitation services, including the ability to provide court-ordered, supervised visitation.
(9)Structured indoor and outdoor activities, including recreational and social programs.
(10)Transportation and other forms of support to ensure, to the extent possible, the childs ability to attend and participate in important milestone events.
(11)Mentorship and peer support-type programs.
(f)(1)In no case shall the detention or placement in a temporary shelter care facility exceed 10 calendar days. For any stay that exceeds 10 calendar days, the child welfare agency shall submit a written report to the department, within 24 hours of an overstay, that shall include a description of the reasons and circumstances for the childs overstay, and shall be signed by the county child welfare agency director or his or her designee. The department may choose not to issue a citation to the county for a violation of the 10-day placement limit when, based on the information contained in the report, the overstay is reasonable and the county is complying with subdivision (d).
(2)The child welfare agency may permit any child or youth to access assessment and other services described in subdivision (d) or (e) while in an out-of-home placement.
(3)To ensure the protection of children placed in temporary shelter care facilities, the child welfare agency shall separate children placed in temporary shelter care facilities pursuant to subdivision (b) from children returning to the shelter due to a failed placement, when possible, when circumstances warrant that separation. Temporary shelters shall staff as necessary to adequately supervise children to ensure an appropriate environment for all children present.
(g)At the request of the county, the department shall provide technical assistance necessary for the implementation of this section.
(h)The department, in consultation with the counties, shall provide a report to the Legislature no later than January 1, 2021, that shall include the number of children and youth served by temporary shelter care facilities, characteristics of children detained in these facilities, and whether there is a continued need for the licensing and operation of temporary shelter care facilities.
SEC. 81.Section 11462.04 of the Welfare and Institutions Code is amended to read:11462.04.(a)Notwithstanding any other law, no new group home rate or change to an existing rate shall be established pursuant to Section 11462. An application shall not be accepted or processed for any of the following:
(1)A new program.
(2)A new provider.
(3)A program change, such as a rate classification level (RCL) increase.
(4)A program capacity increase.
(5)A program reinstatement.
(b)Notwithstanding subdivision (a), the department may grant exceptions as appropriate on a case-by-case basis, based upon a written request and supporting documentation provided by county placing agencies, including county welfare or probation directors.
(c)(1)For the 201213, 201314, and 201415 fiscal years, notwithstanding subdivision (b), for any program below RCL 10, the only exception that may be sought and granted pursuant to this section is for an application requesting a program change, such as an RCL increase. The authority to grant other exceptions does not apply to programs below RCL 10 during these fiscal years.
(2)Notwithstanding paragraph (1), commencing January 1, 2017, no exception shall be granted for any program below RCL 10.
(d)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 82.Section 11462.04 is added to the Welfare and Institutions Code, to read:11462.04.(a)Notwithstanding any other law, commencing January 1, 2017, no new group home rate or change to an existing rate shall be established pursuant to the Rate Classification Level (RCL) system.
(b)Notwithstanding subdivision (a), the department may grant an exception as appropriate, on a case-by-case basis, when a written request and supporting documentation are provided by a county placing agency, including a county welfare or probation director, that absent the granting of that exception, there is a material risk to the welfare of children due to an inadequate supply of appropriate alternative placement options to meet the needs of children.
(c)For group homes being paid under the RCL system, and those granted an exception pursuant to paragraph (b), group home rates shall terminate on December 31, 2016, unless granted an extension under the exception process in subdivision (d).
(d)A group home may request an exception to extend its rate as follows:
(1)The department may grant an extension for up to 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 providers 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.
(e)Upon termination of an existing group home rate under the RCL system, a new rate shall not be paid until an application is approved and a rate is granted by the department pursuant to Section 11462 as a short-term residential treatment center or pursuant to Section 11463 as a foster family agency.
(f)The department shall, in the development of the new rate structures, consider and provide for placement of all children who are displaced as a result of reclassification of treatment facilities.
(g)This section shall become operative on January 1, 2017.
SEC. 83.Section 11462.041 is added to the Welfare and Institutions Code, to read:11462.041.(a)The Legislature recognizes that group homes are one of the primary placement options utilized by probation departments to avoid inappropriate housing of youth in a detention hall, more so since the 2007 realignment of most juvenile offenders from state supervision to county supervision. In order to further improve outcomes for these youth, targeted efforts will be required at the state and local levels to create sufficient capacity in home-based family care and in short-term residential treatment centers in order to serve these youth safely in the least restrictive, family-based settings, whenever possible. This increased capacity is needed in both the number of related and unrelated family-based caregivers, in the caregivers ability to meet the needs of probation youth, and in the services and supports available to these caregivers. Additionally, there must be sufficient capacity in short-term residential treatment centers to meet the needs of probation youth and ensure public safety.
(b)To meet the capacity needs described in subdivision (a), commencing on January 1, 2016, county probation departments shall do all of the following:
(1)Work with group home providers to develop short-term residential treatment center programs that meet the treatment needs of probation supervised youth in foster care.
(2)Work with foster family agencies and other community-based organizations to develop strategies to recruit, retain, and support specialized foster homes for probation youth.
(3)Work with the department on strategies to identify, engage, and support relative caregivers.
(4)Work with the department to define probation youth outcome measures to be collected and analyzed to assess implementation of this act.
(c)To support the activities described in subdivision (b), commencing on January 1, 2016, the department, in consultation with the Chief Probation Officers of California, shall do all of the following:
(1)Work with providers, courts, and county probation departments to develop capacity for home-based family care.
(2)Work with short-term residential treatment centers and foster family agencies to address the treatment needs of specific probation populations, including, but not limited to, sex offenders, youth with gang affiliations, youth who currently are placed out of state, and youth with mental illness.
(3)Develop appropriate rate structures to support probation foster youth in home-based family care.
(4)Identify strategies to address the systemic challenges specific to small and rural counties in meeting the needs of probation foster youth in need of placement or treatment services.
(5)Provide technical assistance to existing group home providers interested in serving probation youth during the transition to the short-term residential treatment center or foster family agency models outlined in this act.
(6)Provide technical assistance related to implementation of this section to any requesting county probation department.
(d)Beginning January 1, 2018, the department, in consultation with the Chief Probation Officers of California, shall assess the capacity and quality of placement options for probation youth in foster care, including home-based family care and short-term residential treatment centers. This assessment shall include:
(1)The number and type of placement options.
(2)Whether short-term residential treatment centers have developed programming tailored to address the propensity of probation youth to run away.
(3)The degree to which foster family agencies, community-based service providers, and county probation departments have developed the programs and services necessary to recruit, retain, and support foster families and relative caregivers serving foster youth supervised by probation departments.
(4)Any need for additional training and technical assistance to be provided to short-term residential treatment centers or foster family agency providers.
(e)The department, in consultation with the Chief Probation Officers of California and the counties, shall provide an interim report, pursuant to Section 9795 of the Government Code, to the Legislature no later than January 10, 2019, and a final report, pursuant to Section 9795 of the Government Code, to the Legislature no later than January 10, 2021, which shall include the number of youth served in home-based family care, in short-term residential treatment centers, and in group homes, characteristics of youth in these placement types, and whether there is a continued need for probation placement in group homes. The reports also shall provide recommendations on any further technical assistance and training, if needed, to facilitate county probation departments, county child welfare departments, DSS, and providers in strengthening the continuum of care for justice-involved youth.
SEC. 84.Section 11463 of the Welfare and Institutions Code is amended to read:11463.(a)(1)The department, with the advice, assistance, and cooperation of the counties and foster care providers, shall develop, implement, and maintain a ratesetting system for foster family agencies.
(2)No county shall be reimbursed for any percentage increases in payments, made on behalf of AFDC-FC funded children who are placed with foster family agencies, that exceed the percentage cost-of-living increase provided in any fiscal year beginning on January 1, 1990, as specified in subdivision (c) of Section 11461.
(b)The department shall develop regulations specifying the purposes, types, and services of foster family agencies, including the use of those agencies for the provision of emergency shelter care. A distinction, for ratesetting purposes, shall be drawn between foster family agencies that provide treatment of children in foster families and those that provide nontreatment services.
(c)The department shall develop and maintain regulations specifying the procedure for the appeal of department decisions about the setting of an agencys rate.
(d)On and after July 1, 1998, the schedule of rates, and the components used in the rate calculations specified in the departments regulations, for foster family agencies shall be increased by 6 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new schedule of rates for foster family agencies.
(e)(1)On and after July 1, 1999, the schedule of rates and the components used in the rate calculations specified in the departments regulations for foster family agencies shall be adjusted by an amount equal to the California Necessities Index computed pursuant to Section 11453, rounded to the nearest dollar, subject to the availability of funds. The resultant amounts shall constitute the new schedule of rates for foster family agencies, subject to further adjustment pursuant to paragraph (2).
(2)In addition to the adjustment specified in paragraph (1), commencing January 1, 2000, the schedule of rates and the components used in the rate calculations specified in the departments regulations for foster family agencies shall be increased by 2.36 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new schedule of rates for foster family agencies.
(f)For the 19992000 fiscal year, foster family agency rates that are not determined by the schedule of rates set forth in the departments regulations, shall be increased by the same percentage as provided in subdivision (e).
(g)(1)For the 200001 fiscal year and each fiscal year thereafter, the foster family agency rate shall be supplemented by one hundred dollars ($100) for clothing per year per child in care, subject to the availability of funds. The supplemental payment shall be used to supplement, and shall not be used to supplant, any clothing allowance paid in addition to the foster family agency rate.
(2)Notwithstanding paragraph (1), commencing with the 201213 fiscal year, and each fiscal year thereafter, no supplemental clothing allowance shall be provided, because the rate issued in accordance with paragraph (1) of subdivision (m) takes the cost of clothing into account.
(h)In addition to the adjustment made pursuant to subdivision (e), the component for social work activities in the rate calculation specified in the departments regulations for foster family agencies shall be increased by 10 percent, effective January 1, 2001. This additional funding shall be used by foster family agencies solely to supplement staffing, salaries, wages, and benefit levels of staff performing social work activities. The schedule of rates shall be recomputed using the adjusted amount for social work activities. The resultant amounts shall constitute the new schedule of rates for foster family agencies. The department may require a foster family agency receiving this additional funding to certify that the funding was utilized in accordance with the provisions of this section.
(i)The increased rate provided by subparagraph (C) of paragraph (1) of subdivision (d) of Section 11461 shall not be used to compute the monthly amount that may be paid to licensed foster family agencies for the placement of children in certified foster homes.
(j)The total foster family agency rate by age group in effect as of January 1, 2008, paid to licensed foster family agencies for the placement of children in certified foster family homes, shall be reduced by 10 percent, effective October 1, 2009. The foster family agency shall have flexibility in applying the reduction, however, nothing shall be deducted from the child base rate, as defined in departmental regulations. When the rate is restored to at least the rate in effect on September 1, 2009, the director shall issue the declaration described in Section 1506.3 of the Health and Safety Code.
(k)Effective October 1, 2009, the total foster family agency rate by age group, in effect for those agency rates that are not determined by the schedule of rates set forth in the departments regulations, shall be reduced by the same percentage and in the same manner as provided for in subdivision (j).
(l)(1)The department shall determine, consistent with the requirements of this section and other relevant requirements under law, the rate category for each foster family agency on a biennial basis. Submission of the biennial rate application shall be according to a schedule determined by the department.
(2)The department shall adopt regulations to implement this subdivision. The adoption, amendment, repeal, or readoption of a regulation authorized by this subdivision is deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement to describe specific facts showing the need for immediate action.
(m)(1)On and after July 1, 2012, the basic rate payment that shall be made to the certified parent pursuant to this section for care and supervision of a child who is living in a certified home of a foster family agency, as defined in Section 11400, shall equal the basic rate for children based in a licensed or approved home, as specified in paragraph (1) of subdivision (g) of Section 11461.
(2)The basic rate payment to the certified parent made pursuant to paragraph (1) shall be adjusted annually on July 1, by the annual percentage change in the California Necessities Index, in accordance with paragraph (2) of subdivision (g) of Section 11461. The adjustment in this paragraph shall be in lieu of any adjustment pursuant to subdivision (e).
(n)Notwithstanding any other law, the changes to the basic rate payment specified in subdivision (m) shall not change the remaining components of the foster family agency rate. The new foster family agency rate shall be increased only by the amounts specified pursuant to subdivision (m). The resulting amounts shall constitute the new schedule of rates for foster family agencies, which shall be issued by all-county letters or similar instructions from the department.
(o)Beginning in the 201112 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
(p)(1)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific the changes to this section made by the act that added this section, and amend and repeal regulations and orders subject to this section and adopted by the department by means of all-county letters or similar instructions from the department until regulations are adopted. The department shall adopt emergency regulations no later than July 1, 2014. The department may readopt any emergency regulation authorized by this section that is the same as, or substantially equivalent to, an emergency regulation previously adopted under this section.
(2)The initial adoption of emergency regulations pursuant to this section and one readoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and each shall remain in effect for no more than 180 days, by which time final regulations may be adopted.
(q)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 85.Section 11463 is added to the Welfare and Institutions Code, to read:11463.(a)The department shall commence development of a new payment structure for the Title IV-E funded foster family agency placement option that maximizes federal funding, 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 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)The department shall consider the impact on children and youth being transitioned to alternate programs as a result of the new ratesetting system.
(e) This section shall become operative on January 1, 2017.
SEC. 86.Section 11463.01 is added to the Welfare and Institutions Code, immediately after Section 11463, to read:11463.01.(a)(1)The department, with the advice, assistance, and cooperation of the counties and foster care providers, shall develop, implement, and maintain a ratesetting system for foster family agencies.
(2)No county shall be reimbursed for any percentage increases in payments, made on behalf of AFDC-FC funded children who are placed with foster family agencies, that exceed the percentage cost-of-living increase provided in any fiscal year, as specified in subdivision (c) of Section 11461.
(b)The department shall develop regulations specifying the purposes, types, and services of foster family agencies, including the use of those agencies for the provision of emergency shelter care.
(c)The department shall develop and maintain regulations specifying the procedures for the appeal of department decisions about the setting of an agencys rate.
(d)No supplemental clothing allowance shall be provided, because the rate issued in accordance with paragraph (1) of subdivision (g) takes the cost of clothing into account.
(e)The schedule of rates for foster family agencies as set forth in Section 11463, as that section read on January 1, 2015, shall apply for purposes of, and may be modified pursuant to, this section.
(f)(1)The department shall determine, consistent with the requirements of this section and other relevant requirements under law, the rate category for each foster family agency on a biennial basis. Submission of the biennial rate application shall be according to a schedule determined by the department.
(2)The department shall adopt regulations to implement this subdivision. The adoption, amendment, repeal, or readoption of a regulation authorized by this subdivision is deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement to describe specific facts showing the need for immediate action.
(g)(1)The basic rate payment that shall be made to the certified parent pursuant to this section for care and supervision of a child who is living in a certified home of a foster family agency, as defined in Section 11400, shall equal the basic rate for children placed in a licensed or approved home, as specified in paragraph (1) of subdivision (g) of Section 11461.
(2)The basic rate payment to the certified parent made pursuant to paragraph (1) shall be adjusted annually on July 1, by the annual percentage change in the California Necessities Index, in accordance with paragraph (2) of subdivision (g) of Section 11461. The adjustment in this paragraph shall be in lieu of any adjustment pursuant to subdivision (e) of Section 11463, as that section read on January 1, 2015.
(h)Notwithstanding any other law, the changes to the basic rate payment specified in subdivision (g) shall not change the remaining components of the foster family agency rate. The new foster family agency rate shall be increased only by the amounts specified pursuant to subdivision (g). The resulting amounts shall constitute the new schedule of rates for foster family agencies, which shall be issued by all-county letters or similar instructions from the department.
(i)For each fiscal year, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
(j)(1)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific the changes to this section made by the act that added this section, and amend and repeal regulations and orders subject to this section and adopted by the department by means of all-county letters or similar instructions from the department until regulations are adopted. The department shall adopt emergency regulations no later than July 1, 2016. The department may readopt any emergency regulation authorized by this section that is the same as, or substantially equivalent to, an emergency regulation previously adopted under this section.
(2)The initial adoption of emergency regulations pursuant to this section and one readoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and each shall remain in effect for no more than 180 days, by which time final regulations may be adopted.
(k)This section shall only apply to a foster family agency that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11463.1.
(l)This section shall become operative on January 1, 2017.
(m)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 87.Section 11463.1 is added to the Welfare and Institutions Code, to read:11463.1.(a)Notwithstanding any other law, commencing January 1, 2017, no new foster family agency shall be established pursuant to the rate in effect through December 31, 2016.
(b)Notwithstanding subdivision (a), the department may grant an exception as appropriate, on a case-by-case basis, when a written request and supporting documentation are provided by a county placing agency, including a county welfare or probation director, that absent the granting of that exception, there is a material risk to the welfare of children due to an inadequate supply of appropriate alternative placement options to meet the needs of children 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 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. 88.Section 11465 of the Welfare and Institutions Code is amended to read:11465.(a)When a child is living with a parent who receives AFDC-FC or Kin-GAP benefits, the rate paid to the provider on behalf of the parent shall include an amount for care and supervision of the child.
(b)For each category of eligible licensed community care facility, as defined in Section 1502 of the Health and Safety Code, the department shall adopt regulations setting forth a uniform rate to cover the cost of care and supervision of the child in each category of eligible licensed community care facility.
(c)(1)On and after July 1, 1998, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 6 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate.
(2)(A)On and after July 1, 1999, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be adjusted by an amount equal to the California Necessities Index computed pursuant to Section 11453, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate, subject to further adjustment pursuant to subparagraph (B).
(B)In addition to the adjustment specified in subparagraph (A), on and after January 1, 2000, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 2.36 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate.
(3)Subject to the availability of funds, for the 200001 fiscal year and annually thereafter, these rates shall be adjusted for cost of living pursuant to procedures in Section 11453.
(4)On and after January 1, 2008, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 5 percent, rounded to the nearest dollar. The resulting amount shall constitute the new uniform rate.
(d)(1)Notwithstanding subdivisions (a) to (c), inclusive, the payment made pursuant to this section for care and supervision of a child who is living with a teen parent in a whole family foster home, as defined in Section 11400, shall equal the basic rate for children placed in a licensed or approved home as specified in subdivisions (a) to (d), inclusive, and subdivision (g), of Section 11461.
(2)(A)The amount paid for care and supervision of a dependent infant living with a dependent teen parent receiving AFDC-FC benefits in a group home placement shall equal the infant supplement rate for group home placements.
(B)Commencing January 1, 2017, the amount paid for care and supervision of a dependent infant living with a dependent teenage parent receiving AFDC-FC benefits in a short-term residential treatment center shall equal the infant supplement rate for short-term residential treatment centers established by the department.
(3)(A)The caregiver shall provide the county child welfare agency or probation department with a copy of the shared responsibility plan developed pursuant to Section 16501.25 and shall advise the county child welfare agency or probation department of any subsequent changes to the plan. Once the plan has been completed and provided to the appropriate agencies, the payment made pursuant to this section shall be increased by an additional two hundred dollars ($200) per month to reflect the increased care and supervision while he or she is placed in the whole family foster home.
(B)A nonminor dependent parent residing in a supervised independent living placement, as defined in subdivision (w) of Section 11400, who develops a written parenting support plan pursuant to Section 16501.26 shall provide the county child welfare agency or probation department with a copy of the plan and shall advise the county child welfare agency or probation department of any subsequent changes to the plan. The payment made pursuant to this section shall be increased by an additional two hundred dollars ($200) per month after all of the following have been satisfied:
(i)The plan has been completed and provided to the appropriate county agency.
(ii)The plan has been approved by the appropriate county agency.
(iii)The county agency has determined that the identified responsible adult meets the criteria specified in Section 16501.27.
(4)In a year in which the payment provided pursuant to this section is adjusted for the cost of living as provided in paragraph (1) of subdivision (c), the payments provided for in this subdivision shall also be increased by the same procedures.
(5)A Kin-GAP relative who, immediately prior to entering the Kin-GAP program, was designated as a whole family foster home shall receive the same payment amounts for the care and supervision of a child who is living with a teen parent they received in foster care as a whole family foster home.
(6)On and after January 1, 2012, the rate paid for a child living with a teen parent in a whole family foster home as defined in Section 11400 shall also be paid for a child living with a nonminor dependent parent who is eligible to receive AFDC-FC or Kin-GAP pursuant to Section 11403.
SEC. 89.Section 11466 is added to the Welfare and Institutions Code, to read:11466.For the purposes of this section to Section 114691.1, inclusive, provider shall mean a group home, short-term residential treatment center, a foster family agency that provides treatment services, and similar foster care business entities.
SEC. 90.Section 11466.2 of the Welfare and Institutions Code is amended to read:11466.2.(a)(1)The department shall perform or have performed group home program and fiscal audits as needed. Group home programs shall maintain all child-specific, programmatic, personnel, fiscal, and other information affecting group home ratesetting and AFDC-FC payments for a period not less than five years.
(2)Notwithstanding paragraph (1), the department shall not establish an overpayment based upon a nonprovisional program audit conducted on less than a one-year audit period.
(3)Notwithstanding paragraph (2), the department may conduct audits covering a period of less than 12 months. Based upon the findings of these audits, the department may reduce a group home programs AFDC-FC rate or RCL pursuant to this paragraph.
(A)In an audit of a period of less than 12 months, if a providers audited RCL is no more than three levels below the paid RCL, the providers rate and RCL will be reduced to the audited RCL. The provider will be allowed the opportunity to bring a program into compliance with the paid RCL.
(B)In an audit of a period of less than 12 months, if the providers audited RCL is more than three levels below the paid RCL, the department shall conduct an audit as identified in paragraph (2) of subdivision (a) of Section 11466.2. The provider will be allowed the opportunity to bring a program into compliance with the paid RCL.
(C)For audit purposes, when the group home program serves a mixture of AFDC-FC eligible and ineligible children, the weighted hours for child care and social work services provided and the capacity of the group home shall be adjusted by the ratio of AFDC-FC eligible children to all children in placement.
(D)A group home provider may request a hearing of the departments RCL determination under subparagraph (A) no later than 30 days after the date the department issues its RCL determination. The departments RCL determination shall be final if the group home provider does not request a hearing within the prescribed time. Within 60 days of receipt of the request for hearing, the department shall conduct a hearing on the RCL determination. The standard of proof shall be the preponderance of the evidence and the burden of proof shall be on the department. The hearing officer shall issue the proposed decision within 45 days of the close of the evidentiary record. The director shall adopt, reject, or modify the proposed decision, or refer the matter back to the hearing officer for additional evidence or findings within 100 days of issuance of the proposed decision. If the director takes no action on the proposed decision within the prescribed time, the proposed decision shall take effect by operation of law.
(b)(1)The department shall develop regulations to correct a group home programs RCL, and to adjust the rate and to recover any overpayments resulting from an overstatement of the projected level of care and services.
(2)The department shall modify the amount of the overpayment pursuant to paragraph (1) in cases where the level of care and services provided per child in placement equals or exceeds the level associated with the programs RCL. In making this modification, the department shall determine whether services other than child care supervision were provided to children in placement in an amount that is at least proportionate, on a per child basis, to the amount projected in the group homes rate application. In cases where these services are provided in less than a proportionate amount, staffing for child care supervision in excess of its proportionate share shall not be substituted for nonchild care supervision staff hours.
(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 departments 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 group home 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 found are explained and the opportunity exists for providers to respond. The department shall adopt regulations specifying the procedure for the appeal of audit findings.
(d)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 91.Section 11466.2 is added to the Welfare and Institutions Code, 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)A provider may request a hearing of the departments audit determination under this section no later than 30 days after the date the department issues its audit determination. The departments 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 programs 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 departments 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. 92.Section 11466.21 of the Welfare and Institutions Code is amended to read:11466.21.(a)In accordance with subdivision (b), as a condition to receive an AFDC-FC rate for a program including, but not limited to, a group home, a foster family agency that provides treatment services, a short-term residential treatment center, and other similar business entities providing foster care, the following shall apply:
(1)Any provider who expends in combined federal funds an amount at or above the federal funding threshold in accordance with the federal Single Audit Act, as amended, and Section 200.501 of Title 2 of the Code of Federal Regulations shall arrange to have a financial audit conducted on an annual basis, and shall submit the annual financial audit to the department in accordance with regulations adopted by the department, all-county letter, or similar written instructions.
(2)Any provider who expends in combined federal funds an amount below the federal funding threshold in accordance with the federal Single Audit Act, as amended, and Section 200.501 of Title 2 of the Code of Federal Regulations shall annually submit to the department a financial audit on its most recent fiscal period. The department shall provide timely notice to the providers of the date that submission of the financial audit is required. That date of submission of the financial audit shall be established in accordance with regulations adopted by the department.
(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 providers 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 providers next full fiscal year of operation. The provider shall submit the financial audit to the department in accordance with subdivision (a).
(4)Repeated late financial audits may result in monetary penalties or termination of the providers rate as set forth in regulation, all-county letter, or similar written directive by the department.
(c)The department shall issue a management decision letter on audit findings 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.
SEC. 93.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 programs paid rate.
(b)For the purposes of this section, a provider is a licensee of an AFDC-FC program listed in Section 11402, including, but not limited to, a group home, short-term residential treatment center, foster family agency that provides treatment services, or a similar business entity, receiving foster care maintenance payments under the AFDC-FC program. The department may collect a sustained overpayment from the party responsible for the sustained overpayment, regardless of whether the party remains in the business of providing any AFDC-FC programs, and regardless of whether the provider remains licensed by the department.
(c)For the purposes of this section, a provider overpayment is an overpayment that results in an audit period when a provider receives a rate reimbursement to which it is not entitled. If a provider receives a rate reimbursement to which it is not entitled, including, but not limited to, the provider failing to maintain a license, or failing to maintain its status as a nonprofit organization, or due to an overpayment determined as described in paragraph (1) of subdivision (d). If a provider receives a rate to which it is not entitled it shall be liable to repay the overpayment.
(d)(1)Overpayments shall be determined by either a provider audit pursuant to Section 11466.21, a department audit conducted pursuant to Section 11466.2, a management decision letter, or a provider self-reporting an overpayment. A self-reported overpayment may include a finding in the financial audit report submitted by the provider whether that finding is formally made in the financial audit report or discovered through department review of the report or other provider submission.
(2)If a hearing is not requested, or on the 60th day after an informal decision if a provider or the department does not file a notice of intent to file a formal appeal, or on the 30th day following a formal appeal hearing decision, whichever is latest, a provider overpayment shall be sustained for collection purposes and the department shall issue a demand letter for repayment of the sustained overpayment.
(3)The department shall establish a voluntary repayment agreement procedure with a maximum repayment period of nine years. The procedure shall take into account the amount of the overpayment, projected annual income of the program that caused the overpayment, a minimum repayment amount, including principal and interest, of 3 percent of annual income prorated on a monthly basis, simple interest for the first seven years of the voluntary repayment agreement on the overpayment amount based on the Surplus Money Investment Fund, and simple interest for the eighth and ninth years of the voluntary repayment agreement based on the prime rate at that time plus 3 percent. The department may consider, at the discretion of the director, renegotiation of a voluntary repayment agreement if the director determines that the agreement would cause severe harm to children in placement.
(4)The department shall establish an involuntary overpayment collection procedure, that shall take into account the amount of the overpayment, projected annual income, a minimum required repayment amount, including principal and interest, of 5 percent of the annual income prorated on a monthly basis, simple interest on the overpayment amount based on the Surplus Money Investment Fund, and a maximum repayment period of seven years. The department may consider, at the discretion of the director, renegotiation of an involuntary payment agreement if the director determines that the agreement would cause severe harm to children in placement.
(e)The department shall maintain, by regulation , all-county letter, or similar written directive, a procedure for recovery of any provider sustained overpayments. The department shall prioritize collection methods, which shall include voluntary repayment agreement procedures, involuntary overpayment collection procedures, including the use of a statutory lien, rate request denials, rate decreases, and rate terminations. The department may also deny rate requests, including requests for rate increases, or program changes or expansions, while an overpayment is due.
(f)Whenever the department determines that a provider sustained overpayment has occurred, the department shall recover from the provider the full amount of the sustained overpayment, and simple interest on the sustained overpayment amount, pursuant to methods described in subdivision (e), against the providers 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. 94.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 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. 95.Section 11466.3 of the Welfare and Institutions Code is amended to read:11466.3.(a)The department shall offer a voluntary repayment agreement procedure to providers that owe a sustained overpayment. A provider may enter into a voluntary repayment agreement with the department to repay a sustained overpayment. The voluntary repayment agreement shall, at a minimum, meet the requirements developed pursuant to paragraph (3) of subdivision (d) of Section 11466.22.
(b)The department shall charge simple interest on the voluntary repayment agreement in accordance with paragraph (3) of subdivision (d) of Section 11466.22.
SEC. 96.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. 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 providers rate and shall result in a referral to the departments Community Care Licensing Division for license revocation.
SEC. 97.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 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 providers 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. 98.Section 11466.33 of the Welfare and Institutions Code is amended to read:11466.33.(a)If any amount is due and payable to the department as a result of a sustained overpayment to a provider for care and services in the AFDC-FC program, the department may file, in the office of any county clerk of any county in which the provider has real or personal property, a certificate if any of the following conditions are met:
(1)No formal hearing is requested, the provider has not submitted a voluntary repayment agreement with the first payment, and 60 days have elapsed from the notice of audit results.
(2)The provider has not submitted a voluntary repayment agreement along with the first payment, 30 days have elapsed after an adverse appeal decision by a hearing officer sustaining an overpayment, and that decision has been adopted by the department or is effective by operation of law.
(b)The certificate provided for pursuant to subdivision (a) shall contain:
(1)The amount due, owing, and unpaid, plus simple interest on the amount owing and unpaid beginning on the date the certificate is filed.
(2)A statement that the department has complied with this section prior to the filing of the certificate.
(3)A request that a lien be recorded against the provider in the amount set forth in the certificate.
(c)The county clerk immediately upon the filing of the certificate shall record the lien for the State of California against the provider in the amount set forth in the certificate. The lien may be filed in the chain of title of the property.
(d)The department shall pay the cost of the first lien, and providers shall be responsible for any subsequent liens on a sustained overpayment.
(e)For the first certificate filed by the department pursuant to this section, the county shall waive all filing fees.
SEC. 99.Section 11466.34 of the Welfare and Institutions Code is amended to read:11466.34.(a)(1)At any time within 10 years of the recording of a lien pursuant to Section 11466.33, the department may bring an action, in a superior court in the county in which the lien is filed, seeking a judgment to establish the lien as a judgment lien.
(2)If a judgment is obtained pursuant to paragraph (1), the county recorder shall record the lien as a judgment lien.
(b)An abstract of a judgment obtained pursuant to subdivision (a) or a copy thereof may be recorded with the county recorder of any county. From the time of recording, the judgment shall constitute a lien upon all real or personal property of the provider in that county owned by the provider at the time, or that the provider may afterwards, but before the lien expires, acquire. The judgment lien shall continue for 10 years from the time of recording of the abstract of judgment obtained pursuant to subdivision (a), unless sooner released or otherwise discharged.
(c)The judgment lien may, within 10 years from the date of recording of the abstract of judgment or within 10 years from the date of the last extension of the lien in the manner provided in this section, be extended by recording a new abstract in the office of the county recorder of any county. From the date of that recording, the lien shall be extended for 10 years, unless sooner released or otherwise discharged.
(d)The department may release any lien imposed pursuant to this chapter, at the providers cost, in which case any judgment pertaining to that lien is for all purposes null and void, if all of the following conditions are met:
(1)No temporary suspension order or license revocation actions by the departments community care licensing division is pending against a provider.
(2)A provider has made at least three timely payments on a voluntary repayment agreement.
(3)The provider submits to the department corroborative evidence that it is unable to obtain a loan from an institutional lender unless the lien is released.
(e)Execution shall issue upon a judgment obtained pursuant to this section upon request of the department in the same manner as execution may issue upon other judgments. Sale shall be held under that execution as prescribed in the Code of Civil Procedure. In all proceedings under this section, the director or his or her authorized agents may act on behalf of the state.
SEC. 100.Section 11466.35 of the Welfare and Institutions Code is amended to read:11466.35.(a)Any licensee or member of a governing board of a nonprofit who has been determined to owe a sustained overpayment under this chapter, and who, subsequent to notice of the sustained overpayment, has its rate terminated, shall be ineligible to apply or receive a rate for any future program until the overpayment is repaid.
(b)A rate application shall be denied for a provider that meets either of the following conditions:
(1)A provider owing a sustained overpayment under this chapter, upon the occurrence of any additional sustained overpayment, shall be ineligible to apply or receive a rate for an existing or future program until the sustained overpayments are repaid, unless a voluntary repayment agreement is approved by the department.
(2)A provider incurring a sustained overpayment that constitutes more than 60 percent of the providers annual rate reimbursement shall be ineligible to apply or receive a rate for any existing or future programs until the sustained overpayments are repaid, unless a voluntary repayment agreement is approved by the department.
SEC. 101.Section 11466.36 of the Welfare and Institutions Code is amended to read:11466.36.(a)The department may terminate a program rate if any of the following conditions are met:
(1)The department determines that, based upon the findings of a hearing officer, a rate application or information submitted by a provider was fraudulently submitted to the department.
(2)A provider is failing to provide services in accordance with the standards associated with its paid rate or in accordance with its program statement.
(3)A provider with an outstanding sustained overpayment incurs a second sustained overpayment, and is unable to repay the sustained overpayments.
(4)A provider has a sustained overpayment that represents 100 percent of a providers annual rate reimbursement.
(5)A provider has a sustained overpayment and has failed to timely submit its payments on more than three occasions in a 12-month period.
(b)This chapter shall not be construed to affect the departments authority under other provisions of law for collection of provider sustained overpayments.
SEC. 102.Section 11466.5 of the Welfare and Institutions Code is amended to read:11466.5.The department shall collect cost data and monitor the cost of providing care and supervision, and social work services, to AFDC-FC recipients. These data shall include, but not be limited to, the costs incurred for employee wages and benefits.
SEC. 103.Section 11466.6 of the Welfare and Institutions Code is amended to read:11466.6.A provider who disagrees with the rate determined by the department, the rate adjusted by an audit, or a determination made in a management decision letter may request in writing an appeal by the director or the directors designee. The department shall maintain, by regulation, all-county letter, or similar written directive, procedures for the departmental appeal process.
SEC. 104.Section 11468 of the Welfare and Institutions Code is amended to read:11468.The department shall establish and maintain administrative procedures to review the rate set by the department for AFDC-FC programs, including, but not limited to, group homes, short-term residential treatment centers, and foster family agencies that provide treatment services.
SEC. 105.Section 16000 of the Welfare and Institutions Code is amended to read:16000.(a)It is the intent of the Legislature to preserve and strengthen a childs family ties whenever possible, removing the child from the custody of his or her parents only when necessary for his or her welfare or for the safety and protection of the public. If a child is removed from the physical custody of his or her parents, preferential consideration shall be given whenever possible to the placement of the child with the relative as required by Section 7950 of the Family Code. If the child is removed from his or her own family, it is the purpose of this chapter to secure as nearly as possible for the child the custody, care, and discipline equivalent to that which should have been given to the child by his or her parents. It is further the intent of the Legislature to reaffirm its commitment to children who are in out-of-home placement to live in the least restrictive family setting promoting normal childhood experiences that is suited to meet the childs or youths individual needs, and to live as close to the childs family as possible pursuant to subdivision (c) of Section 16501.1. Family reunification services shall be provided for expeditious reunification of the child with his or her family, as required by law. If reunification is not possible or likely, a permanent alternative shall be developed.
(b)It is further the intent of the Legislature that all children live with a committed, permanent, and nurturing family. Services and supports should be tailored to meet the needs of the individual child and family being served, with the ultimate goal of maintaining the family, or when this is not possible, transitioning the child or youth to a permanent family or preparing the child or youth for a successful transition into adulthood. When needed, short-term residential treatment center program services are a short-term, specialized, and intensive intervention that is just one part of a continuum of care available for children, youth, young adults, and their families.
(c)It is further the intent of the Legislature to ensure that all pupils in foster care and those who are homeless as defined by the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.) have the opportunity to meet the challenging state pupil academic achievement standards to which all pupils are held. In fulfilling their responsibilities to pupils in foster care, educators, county placing agencies, care providers, advocates, and the juvenile courts shall work together to maintain stable school placements and to ensure that each pupil is placed in the least restrictive educational programs, and has access to the academic resources, services, and extracurricular and enrichment activities that are available to all pupils. In all instances, educational and school placement decisions shall be based on the best interests of the child.
SEC. 106.Section 16003 of the Welfare and Institutions Code is amended to read:16003.(a)In order to promote the successful implementation of the statutory preference for foster care placement with a relative caregiver as set forth in Section 7950 of the Family Code, each community college district with a foster care education program shall make available orientation and training to the relative or nonrelative extended family member caregiver into whose care the county has placed a foster child pursuant to Section 1529.2 of the Health and Safety Code, including, but not limited to, courses that cover the following:
(1)The role, rights, and responsibilities of a relative or nonrelative extended family member caregiver caring for a child in foster care, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(2)An overview of the child protective system.
(3)The effects of child abuse and neglect on child development.
(4)Positive discipline and the importance of self-esteem.
(5)Health issues in foster care.
(6)Accessing education and health services that are available to foster children.
(7)Relationship and safety issues regarding contact with one or both of the birth parents.
(8)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(9)Information on resources available for those who meet eligibility criteria, including out-of-home care payments, the Medi-Cal program, in-home supportive services, and other similar resources.
(10)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(11)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(b)In addition to training made available pursuant to subdivision (a), each community college district with a foster care education program shall make training available to a relative or nonrelative extended family member caregiver that includes, but need not be limited to, courses that cover all of the following:
(1)Child and adolescent development, including sexual orientation, gender identity, and expression.
(2)Health issues in foster care.
(3)Positive discipline and the importance of self-esteem.
(4)Emancipation and independent living.
(5)Accessing education and health services available to foster children.
(6)Relationship and safety issues regarding contact with one or both of the birth parents.
(7)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(8)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(c)In addition to the requirements of subdivisions (a) and (b), each community college district with a foster care education program, in providing the orientation program, shall develop appropriate program parameters in collaboration with the counties.
(d)Each community college district with a foster care education program shall make every attempt to make the training and orientation programs for relative or nonrelative extended family member caregivers highly accessible in the communities in which they reside.
(e)When a child is placed with a relative or nonrelative extended family member caregiver, the county shall inform the caregiver of the availability of training and orientation programs and it is the intent of the Legislature that the county shall forward the names and addresses of relative or nonrelative extended family member caregivers to the appropriate community colleges providing the training and orientation programs.
(f)This section shall not be construed to preclude counties from developing or expanding existing training and orientation programs for foster care providers to include relative or nonrelative extended family member caregivers.
(g)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 106.1.Section 16003 of the Welfare and Institutions Code is amended to read:16003.(a)In order to promote the successful implementation of the statutory preference for foster care placement with a relative caretaker caregiver as set forth in Section 7950 of the Family Code, each community college district with a foster care education program shall make available orientation and training to the relative or nonrelative extended family member caregiver into whose care the county has placed a foster child pursuant to Section 1529.2 of the Health and Safety Code, including, but not limited to, courses that cover the following:
(1)The role, rights, and responsibilities of a relative or nonrelative extended family member caregiver caring for a child in foster care, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(2)An overview of the child protective system.
(3)The effects of child abuse and neglect on child development.
(4)Positive discipline and the importance of self-esteem.
(5)Health issues in foster care. care, including, but not limited to, the information described in subdivision (d) of Section 16501.4.
(6)Accessing education and health services that are available to foster children.
(7)Relationship and safety issues regarding contact with one or both of the birth parents.
(8)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(9)Information on resources available for those who meet eligibility criteria, including out-of-home care payments, the Medi-Cal program, in-home supportive services, and other similar resources.
(10)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(11)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the California Student Safety and Violence Prevention Act of 2000 (Article Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code). Code.
(b)In addition to training made available pursuant to subdivision (a), each community college district with a foster care education program shall make training available to a relative or nonrelative extended family member caregiver that includes, but need not be limited to, courses that cover all of the following:
(1)Age-appropriate child development.
(1)Child and adolescent development, including sexual orientation, gender identity, and expression.
(2)Health issues in foster care. care, including, but not limited to, the information described in subdivision (d) of Section 16501.4.
(3)Positive discipline and the importance of self-esteem.
(4)Emancipation and independent living.
(5)Accessing education and health services available to foster children.
(6)Relationship and safety issues regarding contact with one or both of the birth parents.
(7)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(8)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the California Student Safety and Violence Prevention Act of 2000 (Article Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code). Code.
(c)In addition to the requirements of subdivisions (a) and (b), each community college district with a foster care education program, in providing the orientation program, shall develop appropriate program parameters in collaboration with the counties.
(d)Each community college district with a foster care education program shall make every attempt to make the training and orientation programs for relative or nonrelative extended family member caregivers highly accessible in the communities in which they reside.
(e)When a child is placed with a relative or nonrelative extended family member caregiver, the county shall inform the caregiver of the availability of training and orientation programs and it is the intent of the Legislature that the county shall forward the names and addresses of relative or nonrelative extended family member caregivers to the appropriate community colleges providing the training and orientation programs.
(f)This section shall not be construed to preclude counties from developing or expanding existing training and orientation programs for foster care providers to include relative or nonrelative extended family member caregivers.
(g)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 106.2.Section 16003 of the Welfare and Institutions Code is amended to read:16003.(a)In order to promote the successful implementation of the statutory preference for foster care placement with a relative caretaker caregiver as set forth in Section 7950 of the Family Code, each community college district with a foster care education program shall make available orientation and training to the training, pursuant to Sections 1522.44 and 1529.2 of the Health and Safety Code, to the relative or nonrelative extended family member caregiver into whose care the county has placed a foster child pursuant to Section 1529.2 of the Health and Safety Code, including, but child. The training shall include, but is not limited to, courses that cover the following:
(1)The role, rights, and responsibilities of a relative or nonrelative extended family member caregiver caring for a child in foster care, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(2)An overview of the child protective system.
(3)The effects of child abuse and neglect on child development.
(4)Positive discipline and the importance of self-esteem.
(5)Health issues in foster care.
(6)Accessing education and health services that are available to foster children.
(7)Relationship and safety issues regarding contact with one or both of the birth parents.
(8)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(9)Information on resources available for those who meet eligibility criteria, including out-of-home care payments, the Medi-Cal program, in-home supportive services, and other similar resources.
(10)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(11)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the California Student Safety and Violence Prevention Act of 2000 (Article Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code). Code.
(12)Knowledge of, 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.
(b)In addition to training made available pursuant to subdivision (a), each community college district with a foster care education program shall make training available to a relative or nonrelative extended family member caregiver that includes, but need not be limited to, courses that cover all of the following:
(1)Age-appropriate child development.
(1)Child and adolescent development, including sexual orientation, gender identity, and expression.
(2)Health issues in foster care.
(3)Positive discipline and the importance of self-esteem.
(4)Emancipation and independent living.
(5)Accessing education and health services available to foster children.
(6)Relationship and safety issues regarding contact with one or both of the birth parents.
(7)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(8)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the California Student Safety and Violence Prevention Act of 2000 (Article Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code). Code.
(9)Knowledge of, 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.
(c)In addition to the requirements of subdivisions (a) and (b), each community college district with a foster care education program, in providing the orientation program, shall develop appropriate program parameters in collaboration with the counties.
(d)Each community college district with a foster care education program shall make every attempt to make the training and orientation programs for relative or nonrelative extended family member caregivers highly accessible in the communities in which they reside.
(e)When a child is placed with a relative or nonrelative extended family member caregiver, the county shall inform the caregiver of the availability of training and orientation programs and it is the intent of the Legislature that the county shall forward the names and addresses of relative or nonrelative extended family member caregivers to the appropriate community colleges providing the training and orientation programs.
(f)This section shall not be construed to preclude counties from developing or expanding existing training and orientation programs for foster care providers to include relative or nonrelative extended family member caregivers.
(g) This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 106.3.Section 16003 of the Welfare and Institutions Code is amended to read:16003.(a)In order to promote the successful implementation of the statutory preference for foster care placement with a relative caretaker caregiver as set forth in Section 7950 of the Family Code, each community college district with a foster care education program shall make available orientation and training to the training, pursuant to Sections 1522.44 and 1529.2 of the Health and Safety Code, to the relative or nonrelative extended family member caregiver into whose care the county has placed a foster child pursuant to Section 1529.2 of the Health and Safety Code, including, but child. The training shall include, but is not limited to, courses that cover the following:
(1)The role, rights, and responsibilities of a relative or nonrelative extended family member caregiver caring for a child in foster care, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(2)An overview of the child protective system.
(3)The effects of child abuse and neglect on child development.
(4)Positive discipline and the importance of self-esteem.
(5)Health issues in foster care. care, including, but not limited to, the information described in subdivision (d) of Section 16501.4.
(6)Accessing education and health services that are available to foster children.
(7)Relationship and safety issues regarding contact with one or both of the birth parents.
(8)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(9)Information on resources available for those who meet eligibility criteria, including out-of-home care payments, the Medi-Cal program, in-home supportive services, and other similar resources.
(10)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(11)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the California Student Safety and Violence Prevention Act of 2000 (Article Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code). Code.
(12)Knowledge of, 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.
(b)In addition to training made available pursuant to subdivision (a), each community college district with a foster care education program shall make training available to a relative or nonrelative extended family member caregiver that includes, but need not be limited to, courses that cover all of the following:
(1)Age-appropriate child development.
(1)Child and adolescent development, including sexual orientation, gender identity, and expression.
(2)Health issues in foster care. care, including, but not limited to, the information described in subdivision (d) of Section 16501.4.
(3)Positive discipline and the importance of self-esteem.
(4)Emancipation and independent living.
(5)Accessing education and health services available to foster children.
(6)Relationship and safety issues regarding contact with one or both of the birth parents.
(7)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(8)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the California Student Safety and Violence Prevention Act of 2000 (Article Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code). Code.
(9)Knowledge of, 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.
(c)In addition to the requirements of subdivisions (a) and (b), each community college district with a foster care education program, in providing the orientation program, shall develop appropriate program parameters in collaboration with the counties.
(d)Each community college district with a foster care education program shall make every attempt to make the training and orientation programs for relative or nonrelative extended family member caregivers highly accessible in the communities in which they reside.
(e)When a child is placed with a relative or nonrelative extended family member caregiver, the county shall inform the caregiver of the availability of training and orientation programs and it is the intent of the Legislature that the county shall forward the names and addresses of relative or nonrelative extended family member caregivers to the appropriate community colleges providing the training and orientation programs.
(f)This section shall not be construed to preclude counties from developing or expanding existing training and orientation programs for foster care providers to include relative or nonrelative extended family member caregivers.
(g)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 107.Section 16003.5 is added to the Welfare and Institutions Code, to read:16003.5.(a)Any state funding allocated to counties for the purpose of recruiting, retaining, and supporting foster parents, relative caregivers, and resource families shall be used to increase the capacity and use of home-based family care and the provision of services and supports to such caregivers. Allowable expenditures of those funds shall include, but not be limited to, and shall be used to supplement and not supplant, resources used by a county for any of the following purposes:
(1)Staffing to provide and improve direct services and supports to licensed foster family homes, approved resource families, and relative caregivers, and to remove any barriers in those areas defined as priorities in the county implementation plan and subsequent reports on outcomes.
(2)Exceptional child needs not covered by the caregiver-specific rate that would normalize the childs experience, stabilize the placement, or enhance the childs well-being.
(3)Child care for licensed foster parents, approved resource families, and relative caregivers.
(4)Intensive relative finding, engagement, and navigation efforts.
(5)Emerging technological, evidence-informed, or other nontraditional approaches to outreach to potential foster family homes, resource families, and relatives.
(b)(1)The department shall provide available funding to counties based upon its approval of plans submitted by each county that requests funding described in subdivision (a). Each county plan shall be submitted by September 1 of any year in which funding is available. Each county plan shall include all of the following:
(A)A definition of the specific goal or goals related to increasing the capacity and use of home-based family care and the provision of services and supports to such caregivers that the county intends to achieve.
(B)A description of the strategy or strategies the county proposes to pursue to address the goal or goals identified in subparagraph (A).
(C)An explanation or rationale for the proposed strategy or strategies relative to the goal or goals identified in subparagraph (A).
(D)A list or description of the outcomes that shall be reported pursuant to subdivision (c), including baseline data for those outcomes.
(2)The department shall develop, following consultation with the County Welfare Directors Association of California and the Chief Probation Officers of California, criteria for the approval of county plans submitted pursuant to paragraph (1).
(c)As a condition of accepting state funding described in subdivision (a), counties receiving that funding shall, by September 30 of the year following the end of the fiscal year in which the funding was available, report to the department the outcomes achieved through the use of that funding and the activities that contributed to those outcomes. This report from each receiving county shall be made in a manner prescribed by the department, following consultation with the County Welfare Directors Association of California and the Chief Probation Officers of California. Using these reports, the department shall share best practices among counties and shall periodically update the Legislature.
(d)Funding for the purposes of this section shall be subject to an appropriation by the Legislature.
SEC. 108.Section 16501 of the Welfare and Institutions Code is amended to read:16501.(a)(1)As used in this chapter, child welfare services means public social services that are directed toward the accomplishment of any or all of the following purposes: protecting and promoting the welfare of all children, including disabled, homeless, dependent, or neglected children; preventing or remedying, or assisting in the solution of problems which may result in, the neglect, abuse, exploitation, or delinquency of children; preventing the unnecessary separation of children from their families by identifying family problems, assisting families in resolving their problems, and preventing breakup of the family where the prevention of child removal is desirable and possible; restoring to their families children who have been removed, by the provision of services to the child and the families; identifying children to be placed in suitable adoptive homes, in cases where restoration to the biological family is not possible or appropriate; and ensuring adequate care of children away from their homes, in cases where the child cannot be returned home or cannot be placed for adoption.
(2)Child welfare services also means services provided on behalf of children alleged to be the victims of child abuse, neglect, or exploitation. The child welfare services provided on behalf of each child represent a continuum of services, including emergency response services, family preservation services, family maintenance services, family reunification services, and permanent placement services, including supportive transition services. The individual childs case plan is the guiding principle in the provision of these services. The case plan shall be developed within a maximum of 60 days of the initial removal of the child or of the in-person response required under subdivision (f) if the child has not been removed from his or her home, or by the date of the dispositional hearing pursuant to Section 358, whichever comes first.
(3)Child welfare services are best provided in a framework that integrates service planning and delivery among multiple service systems, including the mental health system, using a team-based approach, such as a child and family team. A child and family team brings together individuals that engage with the child or youth and family in assessing, planning, and delivering services consistent with paragraph (1) of subdivision (d) of Section 16501.1. Use of a team approach increases efficiency, and thus reduces cost, by increasing coordination of formal services and integrating the natural and informal supports available to the child or youth and family.
(4)Child and family team means a group of individuals who are convened by the placing agency and who are engaged through a variety of team-based processes to identify the strengths and needs of the child or youth and his or her family, and to help achieve positive outcomes for safety, permanency, and well-being.
(A)The activities of the team shall include, but not be limited to, both of the following:
(i)Providing input into the development of a child and family plan that is strengths-based, needs-driven, and culturally relevant.
(ii)Providing input into the placement decision made by the placing agency and the services to be provided in order to support the child or youth.
(B)The child and family team process shall engage the child or youth, the childs family, and other people important to the family or to the child or youth in meeting the objectives set forth in subparagraph (A). The child and family team shall also include representatives who provide formal supports to the child or youth and family when appropriate, including, but not limited to, the caregiver, the placing agency caseworker, a representative from a foster family agency or short-term residential treatment center with which a child or youth is placed, a county mental health representative, a representative from the regional center when the child is eligible for regional center service, and a representative of the childs or youths tribe or Indian custodian, as applicable. As appropriate, the child and family team also may include other formal supports, such as substance use disorder treatment professionals and educational professionals, providing services to the child or youth and family. For purposes of this definition, the child and family team also may include extended family and informal support persons, such as friends, coaches, faith-based connections, and tribes as identified by the child or youth and family. If placement into a short-term residential treatment center or a foster family agency that provides treatment services has occurred or is being considered, the mental health representative is required to be a licensed mental health professional. Any party to the childs case who is represented by an attorney may consult with his or her attorney regarding this process. The child or youth and his or her family may request specific persons to be included on the child and family team. Nothing shall preclude another agency serving the child or youth from convening a team in collaboration with the placing agency.
(5)Child welfare services may include, but are not limited to, a range of service-funded activities, including case management, counseling, emergency shelter care, emergency in-home caretakers, temporary in-home caretakers, respite care, therapeutic day services, teaching and demonstrating homemakers, parenting training, substance abuse testing, and transportation. These service-funded activities shall be available to children and their families in all phases of the child welfare program in accordance with the childs case plan and departmental regulations. Funding for services is limited to the amount appropriated in the annual Budget Act and other available county funds.
(6)Service-funded activities to be provided may be determined by each county, based upon individual child and family needs as reflected in the service plan.
(7)As used in this chapter, emergency shelter care means emergency shelter provided to children who have been removed pursuant to Section 300 from their parent or parents or their guardian or guardians. The department may establish, by regulation, the time periods for which emergency shelter care shall be funded. For the purposes of this paragraph, emergency shelter care may include transitional shelter care facilities as defined in paragraph (11) of subdivision (a) of Section 1502 of the Health and Safety Code.
(b)As used in this chapter, respite care means temporary care for periods not to exceed 72 hours, and, in order to preserve the placement, may be extended up to 14 days in any one month pending the development of policies and regulations in consultation with county placing agencies and stakeholders. This care may be provided to the childs parents or guardians. This care shall not be limited by regulation to care over 24 hours. These services shall not be provided for the purpose of routine, ongoing child care.
(c)The county shall provide child welfare services as needed pursuant to an approved service plan and in accordance with regulations promulgated, in consultation with the counties, by the department. Counties may contract for service-funded activities as defined in paragraph (1) of subdivision (a). Counties shall not contract for needs assessment, client eligibility determination, or any other activity as specified by regulations of the State Department of Social Services, except as specifically authorized in Section 16100.
(d)Nothing in this chapter shall be construed to affect duties which are delegated to probation officers pursuant to Sections 601 and 654.
(e)Any county may utilize volunteer individuals to supplement professional child welfare services by providing ancillary support services in accordance with regulations adopted by the State Department of Social Services.
(f)As used in this chapter, emergency response services consist of a response system providing in-person response, 24 hours a day, seven days a week, to reports of abuse, neglect, or exploitation, as required by Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code for the purpose of investigation pursuant to Section 11166 of the Penal Code and to determine the necessity for providing initial intake services and crisis intervention to maintain the child safely in his or her own home or to protect the safety of the child. County welfare departments shall respond to any report of imminent danger to a child immediately and all other reports within 10 calendar days. An in-person response is not required when the county welfare department, based upon an evaluation of risk, determines that an in-person response is not appropriate. This evaluation includes collateral, contacts, a review of previous referrals, and other relevant information, as indicated.
(g)As used in this chapter, family maintenance services are activities designed to provide in-home protective services to prevent or remedy neglect, abuse, or exploitation, for the purposes of preventing separation of children from their families.
(h)As used in this chapter, family reunification services are activities designed to provide time-limited foster care services to prevent or remedy neglect, abuse, or exploitation, when the child cannot safely remain at home, and needs temporary foster care, while services are provided to reunite the family.
(i)As used in this chapter, permanent placement services are activities designed to provide an alternate permanent family structure for children who because of abuse, neglect, or exploitation cannot safely remain at home and who are unlikely to ever return home. These services shall be provided on behalf of children for whom there has been a judicial determination of a permanent plan for adoption, legal guardianship, or long-term foster care, and, as needed, shall include supportive transition services to nonminor dependents, as described in subdivision (v) of Section 11400.
(j)As used in this chapter, family preservation services include those services specified in Section 16500.5 to avoid or limit out-of-home placement of children, and may include those services specified in that section to place children in the least restrictive environment possible.
(k)(1)(A)In any county electing to implement this subdivision, all county welfare department employees who have frequent and routine contact with children shall, by February 1, 1997, and all welfare department employees who are expected to have frequent and routine contact with children and who are hired on or after January 1, 1996, and all such employees whose duties change after January 1, 1996, to include frequent and routine contact with children, shall, if the employees provide services to children who are alleged victims of abuse, neglect, or exploitation, sign a declaration under penalty of perjury regarding any prior criminal conviction, and shall provide a set of fingerprints to the county welfare director.
(B)The county welfare director shall secure from the Department of Justice a criminal record to determine whether the employee has ever been convicted of a crime other than a minor traffic violation. The Department of Justice shall deliver the criminal record to the county welfare director.
(C)If it is found that the employee has been convicted of a crime, other than a minor traffic violation, the county welfare director shall determine whether there is substantial and convincing evidence to support a reasonable belief that the employee is of good character so as to justify frequent and routine contact with children.
(D)No exemption shall be granted pursuant to subparagraph (C) if the person has been convicted of a sex offense against a minor, or has been convicted of an offense specified in Section 220, 243.4, 264.1, 273d, 288, or 289 of the Penal Code, or in paragraph (1) of Section 273a of, or subdivision (a) or (b) of Section 368 of, the Penal Code, or has been convicted of an offense specified in subdivision (c) of Section 667.5 of the Penal Code. The county welfare director shall suspend such a person from any duties involving frequent and routine contact with children.
(E)Notwithstanding subparagraph (D), the county welfare director may grant an exemption if the employee or prospective employee, who was convicted of a crime against an individual specified in paragraph (1) or (7) of subdivision (c) of Section 667.5 of the Penal Code, has been rehabilitated as provided in Section 4852.03 of the Penal Code and has maintained the conduct required in Section 4852.05 of the Penal Code for at least 10 years and has the recommendation of the district attorney representing the employees or prospective employees county of residence, or if the employee or prospective employee has received a certificate of rehabilitation pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code. In that case, the county welfare director may give the employee or prospective employee an opportunity to explain the conviction and shall consider that explanation in the evaluation of the criminal conviction record.
(F)If no criminal record information has been recorded, the county welfare director shall cause a statement of that fact to be included in that persons personnel file.
(2)For purposes of this subdivision, a conviction means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Any action that the county welfare director is permitted to take following the establishment of a conviction may be taken when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, notwithstanding a subsequent order pursuant to Sections 1203.4 and 1203.4a of the Penal Code permitting the person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment. For purposes of this subdivision, the record of a conviction, or a copy thereof certified by the clerk of the court or by a judge of the court in which the conviction occurred, shall be conclusive evidence of the conviction.
SEC. 108.5.Section 16501 of the Welfare and Institutions Code is amended to read:16501.(a)(1)As used in this chapter, child welfare services means public social services which that are directed toward the accomplishment of any or all of the following purposes: protecting and promoting the welfare of all children, including handicapped, disabled, homeless, dependent, or neglected children; preventing or remedying, or assisting in the solution of problems which may result in, the neglect, abuse, exploitation, or delinquency of children; preventing the unnecessary separation of children from their families by identifying family problems, assisting families in resolving their problems, and preventing breakup of the family where the prevention of child removal is desirable and possible; restoring to their families children who have been removed, by the provision of services to the child and the families; identifying children to be placed in suitable adoptive homes, in cases where restoration to the biological family is not possible or appropriate; and ensuring adequate care of children away from their homes, in cases where the child cannot be returned home or cannot be placed for adoption.
Child
(2)Child welfare services also means services provided on behalf of children alleged to be the victims of child abuse, neglect, or exploitation. The child welfare services provided on behalf of each child represent a continuum of services, including emergency response services, family preservation services, family maintenance services, family reunification services, and permanent placement services, including supportive transition services. The individual childs case plan is the guiding principle in the provision of these services. The case plan shall be developed within a maximum of 60 days of the initial removal of the child or of the in-person response required under subdivision (f) if the child has not been removed from his or her home, or by the date of the dispositional hearing pursuant to Section 358, whichever comes first.
(3)Child welfare services are best provided in a framework that integrates service planning and delivery among multiple service systems, including the mental health system, using a team-based approach, such as a child and family team. A child and family team brings together individuals that engage with the child or youth and family in assessing, planning, and delivering services consistent with paragraph (1) of subdivision (d) of Section 16501.1. Use of a team approach increases efficiency, and thus reduces cost, by increasing coordination of formal services and integrating the natural and informal supports available to the child or youth and family.
(4)Child and family team means a group of individuals who are convened by the placing agency and who are engaged through a variety of team-based processes to identify the strengths and needs of the child or youth and his or her family, and to help achieve positive outcomes for safety, permanency, and well-being.
(A)The activities of the team shall include, but not be limited to, both of the following:
(i)Providing input into the development of a child and family plan that is strengths-based, needs-driven, and culturally relevant.
(ii)Providing input into the placement decision made by the placing agency and the services to be provided in order to support the child or youth.
(B) The child and family team process shall engage the child or youth, the childs family, and other people important to the family or to the child or youth in meeting the objectives set forth in subparagraph (A). The child and family team shall also include representatives who provide formal supports to the child or youth and family when appropriate, including, but not limited to, the caregiver, the placing agency caseworker, a representative from a foster family agency or short-term residential treatment center with which a child or youth is placed, a county mental health representative, a representative from the regional center when the child is eligible for regional center service, and a representative of the childs or youths tribe or Indian custodian, as applicable. As appropriate, the child and family team also may include other formal supports, such as substance use disorder treatment professionals and educational professionals, providing services to the child or youth and family. For purposes of this definition, the child and family team also may include extended family and informal support persons, such as friends, coaches, faith-based connections, and tribes as identified by the child or youth and family. If placement into a short-term residential treatment center or a foster family agency that provides treatment services has occurred or is being considered, the mental health representative is required to be a licensed mental health professional. Any party to the childs case who is represented by an attorney may consult with his or her attorney regarding this process. The child or youth and his or her family may request specific persons to be included on the child and family team. Nothing shall preclude another agency serving the child or youth from convening a team in collaboration with the placing agency.
(1)
(5)Child welfare services may include, but are not limited to, a range of service-funded activities, including case management, counseling, emergency shelter care, emergency in-home caretakers, temporary in-home caretakers, respite care, therapeutic day services, teaching and demonstrating homemakers, parenting training, substance abuse testing, and transportation. These service-funded activities shall be available to children and their families in all phases of the child welfare program in accordance with the childs case plan and departmental regulations. Funding for services is limited to the amount appropriated in the annual Budget Act and other available county funds.
(2)
(6)Service-funded activities to be provided may be determined by each county, based upon individual child and family needs as reflected in the service plan.
(3)
(7)As used in this chapter, emergency shelter care means emergency shelter provided to children who have been removed pursuant to Section 300 from their parent or parents or their guardian or guardians. The department may establish, by regulation, the time periods for which emergency shelter care shall be funded. For the purposes of this paragraph, emergency shelter care may include transitional shelter care facilities as defined in paragraph (11) of subdivision (a) of Section 1502 of the Health and Safety Code.
(b)As used in this chapter, respite care means temporary care for periods not to exceed 72 hours. hours, and, in order to preserve the placement, may be extended up to 14 days in any one month pending the development of policies and regulations in consultation with county placing agencies and stakeholders. This care may be provided to the childs parents or guardians. This care shall not be limited by regulation to care over 24 hours. These services shall not be provided for the purpose of routine, ongoing child care.
(c)The county shall provide child welfare services as needed pursuant to an approved service plan and in accordance with regulations promulgated, in consultation with the counties, by the department. Counties may contract for service-funded activities as defined in paragraph (1) of subdivision (a). Each county shall use available private child welfare resources prior to developing new county-operated resources when the private child welfare resources are of at least equal quality and lesser or equal cost as compared with county-operated resources. Counties shall not contract for needs assessment, client eligibility determination, or any other activity as specified by regulations of the State Department of Social Services, except as specifically authorized in Section 16100.
(d)Nothing in this chapter shall be construed to affect duties which are delegated to probation officers pursuant to Sections 601 and 654.
(e)Any county may utilize volunteer individuals to supplement professional child welfare services by providing ancillary support services in accordance with regulations adopted by the State Department of Social Services.
(f)As used in this chapter, emergency response services consist of a response system providing in-person response, 24 hours a day, seven days a week, to reports of abuse, neglect, or exploitation, as required by Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code for the purpose of investigation pursuant to Section 11166 of the Penal Code and to determine the necessity for providing initial intake services and crisis intervention to maintain the child safely in his or her own home or to protect the safety of the child. County welfare departments shall respond to any report of imminent danger to a child immediately and all other reports within 10 calendar days. An in-person response is not required when the county welfare department, based upon an evaluation of risk, determines that an in-person response is not appropriate. This evaluation includes collateral, contacts, a review of previous referrals, and other relevant information, as indicated.
(g)As used in this chapter, family maintenance services are activities designed to provide in-home protective services to prevent or remedy neglect, abuse, or exploitation, for the purposes of preventing separation of children from their families.
(h)As used in this chapter, family reunification services are activities designed to provide time-limited foster care services to prevent or remedy neglect, abuse, or exploitation, when the child cannot safely remain at home, and needs temporary foster care, while services are provided to reunite the family.
(i)(1)As used in this chapter, permanent placement services are activities designed to provide an alternate permanent family structure for children who because of abuse, neglect, or exploitation cannot safely remain at home and who are unlikely to ever return home. These services shall be provided on behalf of children for whom there has been a judicial determination of a permanent plan for adoption, legal guardianship, or long-term foster care, placement with a fit and willing relative, or continued foster care placement, and, as needed, shall include supportive transition services to nonminor dependents, as described in subdivision (v) of Section 11400.
(2)For purposes of this section, another planned permanent living arrangement means a permanent plan ordered by the court for a child 16 years of age or older or a nonminor dependent, when there is a compelling reason or reasons to determine that it is not in the best interest of the child or nonminor dependent to return home, be placed for adoption, be placed for tribal customary adoption in the case of an Indian child, or be placed with a fit and willing relative. Placement in a group home, or, on and after January 1, 2017, a short-term residential treatment facility, shall not be the identified permanent plan for any child or nonminor dependent.
(j)As used in this chapter, family preservation services include those services specified in Section 16500.5 to avoid or limit out-of-home placement of children, and may include those services specified in that section to place children in the least restrictive environment possible.
(k)(1)(A)In any county electing to implement this subdivision, all county welfare department employees who have frequent and routine contact with children shall, by February 1, 1997, and all welfare department employees who are expected to have frequent and routine contact with children and who are hired on or after January 1, 1996, and all such employees whose duties change after January 1, 1996, to include frequent and routine contact with children, shall, if the employees provide services to children who are alleged victims of abuse, neglect, or exploitation, sign a declaration under penalty of perjury regarding any prior criminal conviction, and shall provide a set of fingerprints to the county welfare director.
(B)The county welfare director shall secure from the Department of Justice a criminal record to determine whether the employee has ever been convicted of a crime other than a minor traffic violation. The Department of Justice shall deliver the criminal record to the county welfare director.
(C)If it is found that the employee has been convicted of a crime, other than a minor traffic violation, the county welfare director shall determine whether there is substantial and convincing evidence to support a reasonable belief that the employee is of good character so as to justify frequent and routine contact with children.
(D)No exemption shall be granted pursuant to subparagraph (C) if the person has been convicted of a sex offense against a minor, or has been convicted of an offense specified in Section 220, 243.4, 264.1, 273d, 288, or 289 of the Penal Code, or in paragraph (1) of Section 273a of, or subdivision (a) or (b) of Section 368 of, the Penal Code, or has been convicted of an offense specified in subdivision (c) of Section 667.5 of the Penal Code. The county welfare director shall suspend such a person from any duties involving frequent and routine contact with children.
(E)Notwithstanding subparagraph (D), the county welfare director may grant an exemption if the employee or prospective employee, who was convicted of a crime against an individual specified in paragraph (1) or (7) of subdivision (c) of Section 667.5 of the Penal Code, has been rehabilitated as provided in Section 4852.03 of the Penal Code and has maintained the conduct required in Section 4852.05 of the Penal Code for at least 10 years and has the recommendation of the district attorney representing the employees or prospective employees county of residence, or if the employee or prospective employee has received a certificate of rehabilitation pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code. In that case, the county welfare director may give the employee or prospective employee an opportunity to explain the conviction and shall consider that explanation in the evaluation of the criminal conviction record.
(F)If no criminal record information has been recorded, the county welfare director shall cause a statement of that fact to be included in that persons personnel file.
(2)For purposes of this subdivision, a conviction means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Any action which that the county welfare director is permitted to take following the establishment of a conviction may be taken when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, notwithstanding a subsequent order pursuant to Sections 1203.4 and 1203.4a of the Penal Code permitting the person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment. For purposes of this subdivision, the record of a conviction, or a copy thereof certified by the clerk of the court or by a judge of the court in which the conviction occurred, shall be conclusive evidence of the conviction.
SEC. 109.Section 16501.1 of the Welfare and Institutions Code is amended to read:16501.1.(a)(1)The Legislature finds and declares that the foundation and central unifying tool in child welfare services is the case plan.
(2)The Legislature further finds and declares that a case plan ensures that the child receives protection and safe and proper care and case management, and that services are provided to the child and parents or other caretakers, as appropriate, in order to improve conditions in the parents home, to facilitate the safe return of the child to a safe home or the permanent placement of the child, and to address the needs of the child while in foster care.
(3)The agency shall consider the recommendations of the child and family team, as defined in paragraph (4) of subdivision (a) of Section 16501, if any are available. The agency shall document the rationale for any inconsistencies between the case plan and the child and family team recommendations.
(b)(1)A case plan shall be based upon the principles of this section and the input from the child and family team.
(2)The case plan shall document that a preplacement assessment of the service needs of the child and family, and preplacement preventive services, have been provided, and that reasonable efforts to prevent out-of-home placement have been made. Preplacement services may include intensive mental health services in the home or a community setting and the reasonable efforts made to prevent out-of home placement.
(3)In determining the reasonable services to be offered or provided, the childs health and safety shall be the paramount concerns.
(4)Upon a determination pursuant to paragraph (1) of subdivision (e) of Section 361.5 that reasonable services will be offered to a parent who is incarcerated in a county jail or state prison, detained by the United States Department of Homeland Security, or deported to his or her country of origin, the case plan shall include information, to the extent possible, about a parents incarceration in a county jail or the state prison, detention by the United States Department of Homeland Security, or deportation during the time that a minor child of that parent is involved in dependency care.
(5)Reasonable services shall be offered or provided to make it possible for a child to return to a safe home environment, unless, pursuant to subdivisions (b) and (e) of Section 361.5, the court determines that reunification services shall not be provided.
(6)If reasonable services are not ordered, or are terminated, reasonable efforts shall be made to place the child in a timely manner in accordance with the permanent plan and to complete all steps necessary to finalize the permanent placement of the child.
(c)If out-of-home placement is used to attain case plan goals, the case plan shall consider the recommendations of the child and family team.
(d)(1)The case plan shall include a description of the type of home or institution in which the child is to be placed, and the reasons for that placement decision. The decision regarding choice of placement shall be based upon selection of a safe setting that is the least restrictive family setting that promotes normal childhood experiences and the most appropriate setting that meets the childs individual needs and is available, in proximity to the parents home, in proximity to the childs school, and consistent with the selection of the environment best suited to meet the childs special needs and best interests. The selection shall consider, in order of priority, placement with relatives, nonrelated extended family members, and tribal members; foster family homes, resource families, and nontreatment certified homes of foster family agencies; followed by treatment and intensive treatment certified homes of foster family agencies; or multidimensional treatment foster care homes or therapeutic foster care homes; group care placements in the order of short-term residential treatment centers, group homes, community treatment facilities, and out-of-state residential treatment pursuant to Part 5 (commencing with Section 7900) of Division 12 of the Family Code.
(2)If a short-term intensive treatment center placement is selected for a child, the case plan shall indicate the needs of the child that necessitate this placement, the plan for transitioning the child to a less restrictive environment, and the projected timeline by which the child will be transitioned to a less restrictive environment. This section of the case plan shall be reviewed and updated at least semiannually.
(A)The case plan for placements in a group home, or commencing January 1, 2017, in a short-term residential treatment center, shall indicate that the county has taken into consideration Section 16010.8.
(B)After January 1, 2017, a child and family team meeting as defined in Section 16501 shall be convened by the county placing agency for the purpose of identifying the supports and services needed to achieve permanency and enable the child or youth to be placed in the least restrictive family setting that promotes normal childhood experiences.
(3)On or after January 1, 2012, for a nonminor dependent, as defined in subdivision (v) of Section 11400, who is receiving AFDC-FC benefits up to 21 years of age pursuant to Section 11403, in addition to the above requirements, the selection of the placement, including a supervised independent living placement, as described in subdivision (w) of Section 11400, shall also be based upon the developmental needs of young adults by providing opportunities to have incremental responsibilities that prepare a nonminor dependent to transition to independent living. If admission to, or continuation in, a group home or short-term residential treatment center placement is being considered for a nonminor dependent, the group home or short-term residential treatment center placement approval decision shall include a youth-driven, team-based case planning process, as defined by the department, in consultation with stakeholders. The case plan shall consider the full range of placement options, and shall specify why admission to, or continuation in, a group home placement is the best alternative available at the time to meet the special needs or well-being of the nonminor dependent, and how the placement will contribute to the nonminor dependents transition to independent living. The case plan shall specify the treatment strategies that will be used to prepare the nonminor dependent for discharge to a less restrictive family setting that promotes normal childhood experiences, including a target date for discharge from the group home placement. The placement shall be reviewed and updated on a regular, periodic basis to ensure that continuation in the group home placement remains in the best interests of the nonminor dependent and that progress is being made in achieving case plan goals leading to independent living. The group home placement planning process shall begin as soon as it becomes clear to the county welfare department or probation office that a foster child in group home placement is likely to remain in group home placement on his or her 18th birthday, in order to expedite the transition to a less restrictive family setting that promotes normal childhood experiences, if he or she becomes a nonminor dependent. The case planning process shall include informing the youth of all of his or her options, including, but not limited to, admission to or continuation in a group home placement. Consideration for continuation of existing group home placement for a nonminor dependent under 19 years of age may include the need to stay in the same placement in order to complete high school. After a nonminor dependent either completes high school or attains his or her 19th birthday, whichever is earlier, continuation in or admission to a group home placement is prohibited unless the nonminor dependent satisfies the conditions of paragraph (5) of subdivision (b) of Section 11403, and group home placement functions as a short-term transition to the appropriate system of care. Treatment services provided by the group home placement to the nonminor dependent to alleviate or ameliorate the medical condition, as described in paragraph (5) of subdivision (b) of Section 11403, shall not constitute the sole basis to disqualify a nonminor dependent from the group home placement.
(4)In addition to the requirements of paragraphs (1) to (3), inclusive, and taking into account other statutory considerations regarding placement, the selection of the most appropriate home that will meet the childs special needs and best interests shall also promote educational stability by taking into consideration proximity to the childs school of origin, and school attendance area, the number of school transfers the child has previously experienced, and the childs school matriculation schedule, in addition to other indicators of educational stability that the Legislature hereby encourages the State Department of Social Services and the State Department of Education to develop.
(e)A written case plan shall be completed within a maximum of 60 days of the initial removal of the child or of the in-person response required under subdivision (f) of Section 16501 if the child has not been removed from his or her home, or by the date of the dispositional hearing pursuant to Section 358, whichever occurs first. The case plan shall be updated, as the service needs of the child and family dictate. At a minimum, the case plan shall be updated in conjunction with each status review hearing conducted pursuant to Sections 364, 366, 366.3, and 366.31, and the hearing conducted pursuant to Section 366.26, but no less frequently than once every six months. Each updated case plan shall include a description of the services that have been provided to the child under the plan and an evaluation of the appropriateness and effectiveness of those services.
(1)It is the intent of the Legislature that extending the maximum time available for preparing a written case plan from 30 to 60 days will afford caseworkers time to actively engage families, and to solicit and integrate into the case plan the input of the child and the childs family, as well as the input of relatives and other interested parties.
(2)The extension of the maximum time available for preparing a written case plan from the 30 to 60 days shall be effective 90 days after the date that the department gives counties written notice that necessary changes have been made to the Child Welfare Services Case Management System to account for the 60-day timeframe for preparing a written case plan.
(f)The child welfare services case plan shall be comprehensive enough to meet the juvenile court dependency proceedings requirements pursuant to Article 6 (commencing with Section 300) of Chapter 2 of Part 1 of Division 2.
(g)The case plan shall be developed considering the recommendations of the child and family team, as follows:
(1)The case plan shall be based upon an assessment of the circumstances that required child welfare services intervention. The child shall be involved in developing the case plan as age and developmentally appropriate.
(2)The case plan shall identify specific goals and the appropriateness of the planned services in meeting those goals.
(3)The case plan shall identify the original allegations of abuse or neglect, as defined in Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the conditions cited as the basis for declaring the child a dependent of the court pursuant to Section 300, or all of these, and the other precipitating incidents that led to child welfare services intervention.
(4)The case plan shall include a description of the schedule of the placement agency contacts with the child and the family or other caretakers. The frequency of these contacts shall be in accordance with regulations adopted by the State Department of Social Services. If the child has been placed in foster care out of state, the county social worker or probation officer, or a social worker or probation officer on the staff of the agency in the state in which the child has been placed, shall visit the child in a foster family home or the home of a relative, consistent with federal law and in accordance with the departments approved state plan. For children in out-of-state group home facilities, visits shall be conducted at least monthly, pursuant to Section 16516.5. At least once every six months, at the time of a regularly scheduled placement agency contact with the foster child, the childs social worker or probation officer shall inform the child of his or her rights as a foster child, as specified in Section 16001.9. The social worker or probation officer shall provide the information to the child in a manner appropriate to the age or developmental level of the child.
(5)(A)When out-of-home services are used, the frequency of contact between the natural parents or legal guardians and the child shall be specified in the case plan. The frequency of those contacts shall reflect overall case goals, and consider other principles outlined in this section.
(B)Information regarding any court-ordered visitation between the child and the natural parents or legal guardians, and the terms and conditions needed to facilitate the visits while protecting the safety of the child, shall be provided to the childs out-of-home caregiver as soon as possible after the court order is made.
(6)When out-of-home placement is made, the case plan shall include provisions for the development and maintenance of sibling relationships as specified in subdivisions (b), (c), and (d) of Section 16002. If appropriate, when siblings who are dependents of the juvenile court are not placed together, the social worker for each child, if different, shall communicate with each of the other social workers and ensure that the childs siblings are informed of significant life events that occur within their extended family. Unless it has been determined that it is inappropriate in a particular case to keep siblings informed of significant life events that occur within the extended family, the social worker shall determine the appropriate means and setting for disclosure of this information to the child commensurate with the childs age and emotional well-being. These significant life events shall include, but shall not be limited to, the following:
(A)The death of an immediate relative.
(B)The birth of a sibling.
(C)Significant changes regarding a dependent child, unless the child objects to the sharing of the information with his or her siblings, including changes in placement, major medical or mental health diagnoses, treatments, or hospitalizations, arrests, and changes in the permanent plan.
(7)If out-of-home placement is made in a foster family home, group home, or other child care institution that is either a substantial distance from the home of the childs parent or out of state, the case plan shall specify the reasons why that placement is in the best interest of the child. When an out-of-state group home placement is recommended or made, the case plan shall, in addition, specify compliance with Section 7911.1 of the Family Code.
(8)A case plan shall ensure the educational stability of the child while in foster care and shall include both of the following:
(A)An assurance that the placement takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement.
(B)An assurance that the placement agency has coordinated with the person holding the right to make educational decisions for the child and appropriate local educational agencies to ensure that the child remains in the school in which the child is enrolled at the time of placement or, if remaining in that school is not in the best interests of the child, assurances by the placement agency and the local educational agency to provide immediate and appropriate enrollment in a new school and to provide all of the childs educational records to the new school.
(9)(A)If out-of-home services are used, or if parental rights have been terminated and the case plan is placement for adoption, the case plan shall include a recommendation regarding the appropriateness of unsupervised visitation between the child and any of the childs siblings. This recommendation shall include a statement regarding the childs and the siblings willingness to participate in unsupervised visitation. If the case plan includes a recommendation for unsupervised sibling visitation, the plan shall also note that information necessary to accomplish this visitation has been provided to the child or to the childs siblings.
(B)Information regarding the schedule and frequency of the visits between the child and siblings, as well as any court-ordered terms and conditions needed to facilitate the visits while protecting the safety of the child, shall be provided to the childs out-of-home caregiver as soon as possible after the court order is made.
(10)If out-of-home services are used and the goal is reunification, the case plan shall describe the services to be provided to assist in reunification and the services to be provided concurrently to achieve legal permanency if efforts to reunify fail. The plan shall also consider in-state and out-of-state placements, the importance of developing and maintaining sibling relationships pursuant to Section 16002, and the desire and willingness of the caregiver to provide legal permanency for the child if reunification is unsuccessful.
(11)If out-of-home services are used, the child has been in care for at least 12 months, and the goal is not adoptive placement, the case plan shall include documentation of the compelling reason or reasons why termination of parental rights is not in the childs best interest. A determination completed or updated within the past 12 months by the department when it is acting as an adoption agency or by a licensed adoption agency that it is unlikely that the child will be adopted, or that one of the conditions described in paragraph (1) of subdivision (c) of Section 366.26 applies, shall be deemed a compelling reason.
(12)(A)Parents and legal guardians shall have an opportunity to review the case plan, and to sign it whenever possible, and then shall receive a copy of the plan. In a voluntary service or placement agreement, the parents or legal guardians shall be required to review and sign the case plan. Whenever possible, parents and legal guardians shall participate in the development of the case plan. Commencing January 1, 2012, for nonminor dependents, as defined in subdivision (v) of Section 11400, who are receiving AFDC-FC or CalWORKs assistance up to 21 years of age pursuant to Section 11403, the transitional independent living case plan, as set forth in subdivision (y) of Section 11400, shall be developed with, and signed by, the nonminor.
(B)Parents and legal guardians shall be advised that, pursuant to Section 1228.1 of the Evidence Code, neither their signature on the child welfare services case plan nor their acceptance of any services prescribed in the child welfare services case plan shall constitute an admission of guilt or be used as evidence against the parent or legal guardian in a court of law. However, they shall also be advised that the parents or guardians failure to cooperate, except for good cause, in the provision of services specified in the child welfare services case plan may be used in any hearing held pursuant to Section 366.21, 366.22, or 366.25 as evidence.
(13)A child shall be given a meaningful opportunity to participate in the development of the case plan and state his or her preference for foster care placement. A child who is 12 years of age or older and in a permanent placement shall also be given the opportunity to review the case plan, sign the case plan, and receive a copy of the case plan.
(14)The case plan shall be included in the court report and shall be considered by the court at the initial hearing and each review hearing. Modifications to the case plan made during the period between review hearings need not be approved by the court if the casework supervisor for that case determines that the modifications further the goals of the plan. If out-of-home services are used with the goal of family reunification, the case plan shall consider and describe the application of subdivision (b) of Section 11203.
(15)If the case plan has as its goal for the child a permanent plan of adoption or placement in another permanent home, it shall include a statement of the childs wishes regarding their permanent placement plan and an assessment of those stated wishes. The agency shall also include documentation of the steps the agency is taking to find an adoptive family or other permanent living arrangements for the child; to place the child with an adoptive family, an appropriate and willing relative, a legal guardian, or in another planned permanent living arrangement; and to finalize the adoption or legal guardianship. At a minimum, the documentation shall include child-specific recruitment efforts, such as the use of state, regional, and national adoption exchanges, including electronic exchange systems, when the child has been freed for adoption. If the plan is for kinship guardianship, the case plan shall document how the child meets the kinship guardianship eligibility requirements.
(16)(A)When appropriate, for a child who is 16 years of age or older and, commencing January 1, 2012, for a nonminor dependent, the case plan shall include the transitional independent living plan (TILP), a written description of the programs and services that will help the child, consistent with the childs best interests, to prepare for the transition from foster care to independent living, and, in addition, whether the youth has an in-progress application pending for Title XVI Supplemental Security Income benefits or for Special Immigrant Juvenile Status or other applicable application for legal residency and an active dependency case is required for that application. When appropriate, for a nonminor dependent, the transitional independent living case plan, as described in subdivision (v) of Section 11400, shall include the TILP, a written description of the programs and services that will help the nonminor dependent, consistent with his or her best interests, to prepare for transition from foster care and assist the youth in meeting the eligibility criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) Section 11403. If applicable, the case plan shall describe the individualized supervision provided in the supervised independent living placement as defined in subdivision (w) of Section 11400. The case plan shall be developed with the child or nonminor dependent and individuals identified as important to the child or nonminor dependent, and shall include steps the agency is taking to ensure that the child or nonminor dependent achieves permanence, including maintaining or obtaining permanent connections to caring and committed adults.
(B)During the 90-day period prior to the participant attaining 18 years of age or older as the state may elect under Section 475(8)(B)(iii) of the federal Social Security Act (42 U.S.C. Sec. 675(8)(B)(iii)), whether during that period foster care maintenance payments are being made on the childs behalf or the child is receiving benefits or services under Section 477 of the federal Social Security Act (42 U.S.C. Sec. 677), a caseworker or other appropriate agency staff or probation officer and other representatives of the participant, as appropriate, shall provide the youth or nonminor dependent with assistance and support in developing the written 90-day transition plan, that is personalized at the direction of the child, information as detailed as the participant elects that shall include, but not be limited to, options regarding housing, health insurance, education, local opportunities for mentors and continuing support services, and workforce supports and employment services, a power of attorney for health care, and information regarding the advance health care directive form.
(C)For youth 16 years of age or older, the case plan shall include documentation that a consumer credit report was requested annually from each of the three major credit reporting agencies at no charge to the youth and that any results were provided to the youth. For nonminor dependents, the case plan shall include documentation that the county assisted the nonminor dependent in obtaining his or her reports. The case plan shall include documentation of barriers, if any, to obtaining the credit reports. If the consumer credit report reveals any accounts, the case plan shall detail how the county ensured the youth received assistance with interpreting the credit report and resolving any inaccuracies, including any referrals made for the assistance.
(h)If the court finds, after considering the case plan, that unsupervised sibling visitation is appropriate and has been consented to, the court shall order that the child or the childs siblings, the childs current caregiver, and the childs prospective adoptive parents, if applicable, be provided with information necessary to accomplish this visitation. This section does not require or prohibit the social workers facilitation, transportation, or supervision of visits between the child and his or her siblings.
(i)The case plan documentation on sibling placements required under this section shall not require modification of existing case plan forms until the Child Welfare Services Case Management System is implemented on a statewide basis.
(j)When a child is 10 years of age or older and has been in out-of-home placement for six months or longer, the case plan shall include an identification of individuals, other than the childs siblings, who are important to the child and actions necessary to maintain the childs relationship with those individuals, provided that those relationships are in the best interest of the child. The social worker or probation officer shall ask every child who is 10 years of age or older and who has been in out-of-home placement for six months or longer to identify individuals other than the childs siblings who are important to the child, and may ask any other child to provide that information, or may seek that information from the child and family team, as appropriate. The social worker or probation officer shall make efforts to identify other individuals who are important to the child, consistent with the childs best interests.
(k)The childs caregiver shall be provided a copy of a plan outlining the childs needs and services. The nonminor dependents caregiver shall be provided with a copy of the nonminors TILP.
(l)On or before June 30, 2008, the department, in consultation with the County Welfare Directors Association of California and other advocates, shall develop a comprehensive plan to ensure that 90 percent of foster children are visited by their caseworkers on a monthly basis by October 1, 2011, and that the majority of the visits occur in the residence of the child. The plan shall include any data reporting requirements necessary to comply with the provisions of the federal Child and Family Services Improvement Act of 2006 (Public Law 109-288).
(m)The implementation and operation of the amendments to subdivision (i) enacted at the 200506 Regular Session shall be subject to appropriation through the budget process and by phase, as provided in Section 366.35.
SEC. 109.5.Section 16501.1 of the Welfare and Institutions Code is amended to read:16501.1.(a)(1)The Legislature finds and declares that the foundation and central unifying tool in child welfare services is the case plan.
(2)The Legislature further finds and declares that a case plan ensures that the child receives protection and safe and proper care and case management, and that services are provided to the child and parents or other caretakers, as appropriate, in order to improve conditions in the parents home, to facilitate the safe return of the child to a safe home or the permanent placement of the child, and to address the needs of the child while in foster care.
(3)The agency shall consider the recommendations of the child and family team, as defined in paragraph (4) of subdivision (a) of Section 16501, if any are available. The agency shall document the rationale for any inconsistencies between the case plan and the child and family team recommendations.
(b)(1)A case plan shall be based upon the principles of this section and the input from the child and family team.
(b)(1)A
(2)The case plan shall be based upon the principles of this section and shall document that a preplacement assessment of the service needs of the child and family, and preplacement preventive services, have been provided, and that reasonable efforts to prevent out-of-home placement have been made. Preplacement services may include intensive mental health services in the home or a community setting and the reasonable efforts made to prevent out-of-home placement.
(2)
(3)In determining the reasonable services to be offered or provided, the childs health and safety shall be the paramount concerns.
(3)
(4)Upon a determination pursuant to paragraph (1) of subdivision (e) of Section 361.5 that reasonable services will be offered to a parent who is incarcerated in a county jail or state prison, detained by the United States Department of Homeland Security, or deported to his or her country of origin, the case plan shall include information, to the extent possible, about a parents incarceration in a county jail or the state prison, detention by the United States Department of Homeland Security, or deportation during the time that a minor child of that parent is involved in dependency care.
(4)
(5)Reasonable services shall be offered or provided to make it possible for a child to return to a safe home environment, unless, pursuant to subdivisions (b) and (e) of Section 361.5, the court determines that reunification services shall not be provided.
(5)
(6)If reasonable services are not ordered, or are terminated, reasonable efforts shall be made to place the child in a timely manner in accordance with the permanent plan and to complete all steps necessary to finalize the permanent placement of the child.
(c)If out-of-home placement is used to attain case plan goals, the case plan shall consider the recommendations of the child and family team.
(c)(1)If out-of-home placement is used to attain case plan goals, the case plan
(d)(1)The case plan shall include a description of the type of home or institution in which the child is to be placed, and the reasons for that placement decision. The decision regarding choice of placement shall be based upon selection of a safe setting that is the least restrictive or most familylike family setting that promotes normal childhood experiences and the most appropriate setting that is available and in close meets the childs individual needs and is available, in proximity to the parents home, in proximity to the childs school, and consistent with the selection of the environment best suited to meet the childs special needs and best interests. The selection shall consider, in order of priority, placement with relatives, nonrelated extended family members, and tribal members, and members; foster family homes, resource families, and nontreatment certified homes of foster family agencies, intensive treatment agencies; followed by treatment and intensive treatment certified homes of foster family agencies; or multidimensional treatment foster care homes, group care placements, such as group homes and homes or therapeutic foster care homes; group care placements in the order of short-term residential treatment centers, group homes, community treatment facilities, and out-of-state residential treatment pursuant to Section 7950 of Part 5 (commencing with Section 7900) of Division 12 of the Family Code.
(2)If a group care short-term intensive treatment center placement is selected for a child, the case plan shall indicate the needs of the child that necessitate this placement, the plan for transitioning the child to a less restrictive environment, and the projected timeline by which the child will be transitioned to a less restrictive environment. This section of the case plan shall be reviewed and updated at least semiannually.
(A)The case plan for placements in a group home, or commencing January 1, 2017, in a short-term residential treatment center, shall indicate that the county has taken into consideration Section 16010.8.
(B)After January 1, 2017, a child and family team meeting as defined in Section 16501 shall be convened by the county placing agency for the purpose of identifying the supports and services needed to achieve permanency and enable the child or youth to be placed in the least restrictive family setting that promotes normal childhood experiences.
(3)On or after January 1, 2012, for a nonminor dependent, as defined in subdivision (v) of Section 11400, who is receiving AFDC-FC benefits up to 21 years of age pursuant to Section 11403, in addition to the above requirements, the selection of the placement, including a supervised independent living placement, as described in subdivision (w) of Section 11400, shall also be based upon the developmental needs of young adults by providing opportunities to have incremental responsibilities that prepare a nonminor dependent to transition to independent living. successful adulthood. If admission to, or continuation in, a group home or short-term residential treatment center placement is being considered for a nonminor dependent, the group home or short-term residential treatment center placement approval decision shall include a youth-driven, team-based case planning process, as defined by the department, in consultation with stakeholders. The case plan shall consider the full range of placement options, and shall specify why admission to, or continuation in, a group home placement is the best alternative available at the time to meet the special needs or well-being of the nonminor dependent, and how the placement will contribute to the nonminor dependents transition to independent living. successful adulthood. The case plan shall specify the treatment strategies that will be used to prepare the nonminor dependent for discharge to a less restrictive and more familylike setting, family setting that promotes normal childhood experiences, including a target date for discharge from the group home placement. The placement shall be reviewed and updated on a regular, periodic basis to ensure that continuation in the group home placement remains in the best interests of the nonminor dependent and that progress is being made in achieving case plan goals leading to independent living. successful adulthood. The group home placement planning process shall begin as soon as it becomes clear to the county welfare department or probation office that a foster child in group home placement is likely to remain in group home placement on his or her 18th birthday, in order to expedite the transition to a less restrictive and more familylike setting family setting that promotes normal childhood experiences, if he or she becomes a nonminor dependent. The case planning process shall include informing the youth of all of his or her options, including, but not limited to, admission to or continuation in a group home placement. Consideration for continuation of existing group home placement for a nonminor dependent under 19 years of age may include the need to stay in the same placement in order to complete high school. After a nonminor dependent either completes high school or attains his or her 19th birthday, whichever is earlier, continuation in or admission to a group home placement is prohibited unless the nonminor dependent satisfies the conditions of paragraph (5) of subdivision (b) of Section 11403, and group home placement functions as a short-term transition to the appropriate system of care. Treatment services provided by the group home placement to the nonminor dependent to alleviate or ameliorate the medical condition, as described in paragraph (5) of subdivision (b) of Section 11403, shall not constitute the sole basis to disqualify a nonminor dependent from the group home placement.
(4)In addition to the requirements of paragraphs (1) to (3), inclusive, and taking into account other statutory considerations regarding placement, the selection of the most appropriate home that will meet the childs special needs and best interests shall also promote educational stability by taking into consideration proximity to the childs school of origin, and school attendance area, the number of school transfers the child has previously experienced, and the childs school matriculation schedule, in addition to other indicators of educational stability that the Legislature hereby encourages the State Department of Social Services and the State Department of Education to develop.
(d)
(e)A written case plan shall be completed within a maximum of 60 days of the initial removal of the child or of the in-person response required under subdivision (f) of Section 16501 if the child has not been removed from his or her home, or by the date of the dispositional hearing pursuant to Section 358, whichever occurs first. The case plan shall be updated, as the service needs of the child and family dictate. At a minimum, the case plan shall be updated in conjunction with each status review hearing conducted pursuant to Sections 364, 366, 366.3, and 366.31, and the hearing conducted pursuant to Section 366.26, but no less frequently than once every six months. Each updated case plan shall include a description of the services that have been provided to the child under the plan and an evaluation of the appropriateness and effectiveness of those services.
(1)It is the intent of the Legislature that extending the maximum time available for preparing a written case plan from 30 to 60 days will afford caseworkers time to actively engage families, and to solicit and integrate into the case plan the input of the child and the childs family, as well as the input of relatives and other interested parties.
(2)The extension of the maximum time available for preparing a written case plan from the 30 to 60 days shall be effective 90 days after the date that the department gives counties written notice that necessary changes have been made to the Child Welfare Services Case Services/Case Management System (CWS/CMS) to account for the 60-day timeframe for preparing a written case plan.
(e)
(f)The child welfare services case plan shall be comprehensive enough to meet the juvenile court dependency proceedings requirements pursuant to Article 6 (commencing with Section 300) of Chapter 2 of Part 1 of Division 2.
(f)
(g)The case plan shall be developed considering the recommendations of the child and family team, as follows:
(1)The case plan shall be based upon an assessment of the circumstances that required child welfare services intervention. The child shall be involved in developing the case plan as age and developmentally appropriate.
(2)The case plan shall identify specific goals and the appropriateness of the planned services in meeting those goals.
(3)The case plan shall identify the original allegations of abuse or neglect, as defined in Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the conditions cited as the basis for declaring the child a dependent of the court pursuant to Section 300, or all of these, and the other precipitating incidents that led to child welfare services intervention.
(4)The case plan shall include a description of the schedule of the placement agency contacts with the child and the family or other caretakers. The frequency of these contacts shall be in accordance with regulations adopted by the State Department of Social Services. If the child has been placed in foster care out of state, the county social worker or probation officer, or a social worker or probation officer on the staff of the agency in the state in which the child has been placed, shall visit the child in a foster family home or the home of a relative, consistent with federal law and in accordance with the departments approved state plan. For children in out-of-state group home facilities, visits shall be conducted at least monthly, pursuant to Section 16516.5. At least once every six months, at the time of a regularly scheduled placement agency contact with the foster child, the childs social worker or probation officer shall inform the child of his or her rights as a foster child, as specified in Section 16001.9. The social worker or probation officer shall provide the information to the child in a manner appropriate to the age or developmental level of the child.
(5)(A)When out-of-home services are used, the frequency of contact between the natural parents or legal guardians and the child shall be specified in the case plan. The frequency of those contacts shall reflect overall case goals, and consider other principles outlined in this section.
(B)Information regarding any court-ordered visitation between the child and the natural parents or legal guardians, and the terms and conditions needed to facilitate the visits while protecting the safety of the child, shall be provided to the childs out-of-home caregiver as soon as possible after the court order is made.
(6)When out-of-home placement is made, the case plan shall include provisions for the development and maintenance of sibling relationships as specified in subdivisions (b), (c), and (d) of Section 16002. If appropriate, when siblings who are dependents of the juvenile court are not placed together, the social worker for each child, if different, shall communicate with each of the other social workers and ensure that the childs siblings are informed of significant life events that occur within their extended family. Unless it has been determined that it is inappropriate in a particular case to keep siblings informed of significant life events that occur within the extended family, the social worker shall determine the appropriate means and setting for disclosure of this information to the child commensurate with the childs age and emotional well-being. These significant life events shall include, but shall not be limited to, the following:
(A)The death of an immediate relative.
(B)The birth of a sibling.
(C)Significant changes regarding a dependent child, unless the child objects to the sharing of the information with his or her siblings, including changes in placement, major medical or mental health diagnoses, treatments, or hospitalizations, arrests, and changes in the permanent plan.
(7)If out-of-home placement is made in a foster family home, group home, or other child care institution that is either a substantial distance from the home of the childs parent or out of state, the case plan shall specify the reasons why that placement is in the best interest of the child. When an out-of-state group home placement is recommended or made, the case plan shall, in addition, specify compliance with Section 7911.1 of the Family Code.
(8)Effective January 1, 2010, a A case plan shall ensure the educational stability of the child while in foster care and shall include both of the following:
(A)An assurance that the placement takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement.
(B)An assurance that the placement agency has coordinated with the person holding the right to make educational decisions for the child and appropriate local educational agencies to ensure that the child remains in the school in which the child is enrolled at the time of placement or, if remaining in that school is not in the best interests of the child, assurances by the placement agency and the local educational agency to provide immediate and appropriate enrollment in a new school and to provide all of the childs educational records to the new school.
(9)(A)If out-of-home services are used, or if parental rights have been terminated and the case plan is placement for adoption, the case plan shall include a recommendation regarding the appropriateness of unsupervised visitation between the child and any of the childs siblings. This recommendation shall include a statement regarding the childs and the siblings willingness to participate in unsupervised visitation. If the case plan includes a recommendation for unsupervised sibling visitation, the plan shall also note that information necessary to accomplish this visitation has been provided to the child or to the childs siblings.
(B)Information regarding the schedule and frequency of the visits between the child and siblings, as well as any court-ordered terms and conditions needed to facilitate the visits while protecting the safety of the child, shall be provided to the childs out-of-home caregiver as soon as possible after the court order is made.
(10)If out-of-home services are used and the goal is reunification, the case plan shall describe the services to be provided to assist in reunification and the services to be provided concurrently to achieve legal permanency if efforts to reunify fail. The plan shall also consider in-state and out-of-state placements, the importance of developing and maintaining sibling relationships pursuant to Section 16002, and the desire and willingness of the caregiver to provide legal permanency for the child if reunification is unsuccessful.
(11)If out-of-home services are used, the child has been in care for at least 12 months, and the goal is not adoptive placement, the case plan shall include documentation of the compelling reason or reasons why termination of parental rights is not in the childs best interest. A determination completed or updated within the past 12 months by the department when it is acting as an adoption agency or by a licensed adoption agency that it is unlikely that the child will be adopted, or that one of the conditions described in paragraph (1) of subdivision (c) of Section 366.26 applies, shall be deemed a compelling reason.
(12)(A)Parents and legal guardians shall have an opportunity to review the case plan, and to sign it whenever possible, and then shall receive a copy of the plan. In a voluntary service or placement agreement, the parents or legal guardians shall be required to review and sign the case plan. Whenever possible, parents and legal guardians shall participate in the development of the case plan. Commencing January 1, 2012, for nonminor dependents, as defined in subdivision (v) of Section 11400, who are receiving AFDC-FC or CalWORKs assistance up to 21 years of age pursuant to Section 11403, the transitional independent living case plan, as set forth in subdivision (y) of Section 11400, shall be developed with, and signed by, the nonminor.
(B)Parents and legal guardians shall be advised that, pursuant to Section 1228.1 of the Evidence Code, neither their signature on the child welfare services case plan nor their acceptance of any services prescribed in the child welfare services case plan shall constitute an admission of guilt or be used as evidence against the parent or legal guardian in a court of law. However, they shall also be advised that the parents or guardians failure to cooperate, except for good cause, in the provision of services specified in the child welfare services case plan may be used in any hearing held pursuant to Section 366.21, 366.22, or 366.25 of this code as evidence.
(13)A child shall be given a meaningful opportunity to participate in the development of the case plan and state his or her preference for foster care placement. A child who is 12 years of age or older and in a permanent placement shall also be given the opportunity to review the case plan, sign the case plan, and receive a copy of the case plan.
(14)The case plan shall be included in the court report and shall be considered by the court at the initial hearing and each review hearing. Modifications to the case plan made during the period between review hearings need not be approved by the court if the casework supervisor for that case determines that the modifications further the goals of the plan. If out-of-home services are used with the goal of family reunification, the case plan shall consider and describe the application of subdivision (b) of Section 11203.
(15)(A)If the case plan has as its goal for the child a permanent plan of adoption or placement in another permanent home, legal guardianship, it shall include a statement of the childs wishes regarding their permanent placement plan and an assessment of those stated wishes. The agency shall also include documentation of the steps the agency is taking to find an adoptive family or other permanent living arrangements for the child; to place the child with an adoptive family, an appropriate and willing relative, or a legal guardian, or in another planned permanent living arrangement; and to finalize the adoption or legal guardianship. At a minimum, the documentation shall include child-specific recruitment efforts, such as the use of state, regional, and national adoption exchanges, including electronic exchange systems, when the child has been freed for adoption. Regardless of whether the child has been freed for adoption, documentation shall include a description of any barriers to achieving legal permanence and the steps the agency will take to address those barriers. If the plan is for kinship guardianship, the case plan shall document how the child meets the kinship guardianship eligibility requirements.
(B)When the child is 16 years of age or older and is in another planned permanent living arrangement, the case plan shall identify the intensive and ongoing efforts to return the child to the home of the parent, place the child for adoption, place the child for tribal customary adoption in the case of an Indian child, establish a legal guardianship, or place the child nonminor dependent with a fit and willing relative, as appropriate. Efforts shall include the use of technology, including social media, to find biological family members of the child.
(16)(A)(i)For a child who is 14 or 15 years of age, the case plan shall include a written description of the programs and services that will help the child, consistent with the childs best interests, to prepare for the transition from foster care to successful adulthood. The description may be included in the document described in subparagraph (A) of paragraph (18).
(16)(A)
(ii)When appropriate, for a child who is 16 years of age or older and, commencing January 1, 2012, for a nonminor dependent, the case plan shall include the transitional independent living plan (TILP), a written description of the programs and services that will help the child, consistent with the childs best interests, to prepare for the transition from foster care to independent living, successful adulthood, and, in addition, whether the youth has an in-progress application pending for Title XVI Supplemental Security Income benefits or for Special Immigrant Juvenile Status or other applicable application for legal residency and an active dependency case is required for that application. When appropriate, for a nonminor dependent, the transitional independent living case plan, as described in subdivision (v) of Section 11400, shall include the TILP, a written description of the programs and services that will help the nonminor dependent, consistent with his or her best interests, to prepare for transition from foster care and assist the youth in meeting the eligibility criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403. If applicable, the case plan shall describe the individualized supervision provided in the supervised independent living placement as defined in subdivision (w) of Section 11400. The case plan shall be developed with the child or nonminor dependent and individuals identified as important to the child or nonminor dependent, and shall include steps the agency is taking to ensure that the child or nonminor dependent achieves permanence, including maintaining or obtaining permanent connections to caring and committed adults.
(B)During the 90-day period prior to the participant attaining 18 years of age or older as the state may elect under Section 475(8)(B)(iii) of the federal Social Security Act (42 U.S.C. Sec. 675(8)(B)(iii)), whether during that period foster care maintenance payments are being made on the childs behalf or the child is receiving benefits or services under Section 477 of the federal Social Security Act (42 U.S.C. Sec. 677), a caseworker or other appropriate agency staff or probation officer and other representatives of the participant, as appropriate, shall provide the youth or nonminor dependent with assistance and support in developing the written 90-day transition plan, that is personalized at the direction of the child, information as detailed as the participant elects that shall include, but not be limited to, options regarding housing, health insurance, education, local opportunities for mentors and continuing support services, and workforce supports and employment services, a power of attorney for health care, and information regarding the advance health care directive form.
(C)For youth 16 14 years of age or older, the case plan shall include documentation that a consumer credit report was requested annually from each of the three major credit reporting agencies at no charge to the youth and that any results were provided to the youth. For nonminor dependents, the case plan shall include documentation that the county assisted the nonminor dependent in obtaining his or her reports. The case plan shall include documentation of barriers, if any, to obtaining the credit reports. If the consumer credit report reveals any accounts, the case plan shall detail how the county ensured the youth received assistance with interpreting the credit report and resolving any inaccuracies, including any referrals made for the assistance.
(17)For youth 14 years of age or older and nonminor dependents, the case plan shall be developed in consultation with the youth. At the youths option, the consultation may include up to two members of the case planning team who are chosen by the youth and who are not foster parents of, or caseworkers for, the youth. The agency, at any time, may reject an individual selected by the youth to be a member of the case planning team if the agency has good cause to believe that the individual would not act in the youths best interest. One individual selected by the youth to be a member of the case planning team may be designated to be the youths adviser and advocate with respect to the application of the reasonable and prudent parent standard to the youth, as necessary.
(18)For youth in foster care 14 years of age and older and nonminor dependents, the case plan shall include both of the following:
(A)A document that describes the youths rights with respect to education, health, visitation, and court participation, the right to be annually provided with copies of his or her credit reports at no cost while in foster care pursuant to Section 10618.6, and the right to stay safe and avoid exploitation.
(B)A signed acknowledgment by the youth that he or she has been provided a copy of the document and that the rights described in the document have been explained to the youth in an age-appropriate manner.
(19)The case plan for a child or nonminor dependent who is, or who is at risk of becoming, the victim of commercial sexual exploitation, shall document the services provided to address that issue.
(g)
(h)If the court finds, after considering the case plan, that unsupervised sibling visitation is appropriate and has been consented to, the court shall order that the child or the childs siblings, the childs current caregiver, and the childs prospective adoptive parents, if applicable, be provided with information necessary to accomplish this visitation. This section does not require or prohibit the social workers facilitation, transportation, or supervision of visits between the child and his or her siblings.
(h)
(i)The case plan documentation on sibling placements required under this section shall not require modification of existing case plan forms until the Child Welfare Services Case Service/Case Management System (CWS/CMS) is implemented on a statewide basis.
(i)
(j)When a child is 10 years of age or older and has been in out-of-home placement for six months or longer, the case plan shall include an identification of individuals, other than the childs siblings, who are important to the child and actions necessary to maintain the childs relationship with those individuals, provided that those relationships are in the best interest of the child. The social worker or probation officer shall ask every child who is 10 years of age or older and who has been in out-of-home placement for six months or longer to identify individuals other than the childs siblings who are important to the child, and may ask any other child to provide that information, or may seek that information from the child and family team, as appropriate. The social worker or probation officer shall make efforts to identify other individuals who are important to the child, consistent with the childs best interests.
(j)
(k)The childs caregiver shall be provided a copy of a plan outlining the childs needs and services. The nonminor dependents caregiver shall be provided with a copy of the nonminors TILP.
(k)On or before June 30, 2008, the department, in consultation with the County Welfare Directors Association of California and other advocates, shall develop a comprehensive plan to ensure that 90 percent of foster children are visited by their
(l)Each county shall ensure that the total number of visits made by caseworkers on a monthly basis by October 1, 2011, to children in foster care during a federal fiscal year is not less than 95 percent of the total number of those visits that would occur if each child were visited once every month while in care and that the majority of the visits occur in the residence of the child. The plan shall include any county child welfare and probation departments shall comply with data reporting requirements that the department deems necessary to comply with the provisions of the federal Child and Family Services Improvement Act of 2006 (Public Law 109-288). 109-288) and the federal Child and Family Services Improvement and Innovation Act of 2011 (Public Law 112-34).
(l)The implementation and operation of the amendments to subdivision (i) enacted at the 200506 Regular Session shall be subject to appropriation through the budget process and by phase, as provided in Section 366.35.
SEC. 110.Section 16514 of the Welfare and Institutions Code is amended to read:16514.(a)A minor or nonminor who has been voluntarily placed, adjudged a dependent child of the juvenile court pursuant to Section 300, or as to whom a petition has been filed under Section 325, may be housed in an emergency shelter or, pursuant to the procedures for placement set forth in this code, placed in a foster family home, a resource family home, or with a foster family agency for subsequent placement in a suitable licensed foster family home or certified family home, with minors adjudged wards of the juvenile court pursuant to Section 601.
(b)A minor who has been voluntarily placed, adjudged a dependent child of the juvenile court pursuant to Section 300, or adjudged a ward of the juvenile court pursuant to Section 601, shall not be housed in an emergency shelter with any minor adjudged a ward of the juvenile court pursuant to Section 602.
(c)A minor or nonminor who has been voluntarily placed, adjudged a dependent child of the juvenile court pursuant to Section 300, or as to whom a petition has been filed under Section 325, or a nonminor dependent, as described in subdivision (v) of Section 11400, shall not be placed or detained in a short-term residential treatment center, group home or licensed foster family home, a resource family home, a certified family home, or an approved resource family or foster family agency, or, beginning January 1, 2017, a short-term residential treatment center, with any minor adjudged a ward of the juvenile court pursuant to Section 601 or 602, unless the social worker or probation officer with placement authority has determined that the placement setting has a program that meets the specific needs of the minor or nonminor dependent being placed or detained, and there is a commonality of needs with the other minors and nonminor dependents in the placement setting.
(d)Nothing in this section shall transfer or eliminate the responsibility of the placing agency for the care, custody, or control of the child. Nothing in this section shall relieve a foster family agency of its responsibilities for or on behalf of a child placed with it.
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. 111.Section 16519.5 of the Welfare and Institutions Code is amended to read:16519.5.(a)The State Department of Social Services, in consultation with county child welfare agencies, foster parent associations, and other interested community parties, shall implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, approving relatives and nonrelative extended family members as foster care providers, and approving adoptive families.
(b)(1)Counties shall be selected to participate on a voluntary basis as early implementation counties for the purpose of participating in the initial development of the approval process. Early implementation counties shall be selected according to criteria developed by the department in consultation with the County Welfare Directors Association. In selecting the five early implementation counties, the department shall promote diversity among the participating counties in terms of size and geographic location.
(2)Additional counties may participate in the early implementation of the program upon authorization by the department.
(c)(1)For the purposes of this chapter, resource family means an individual or couple that a participating county or foster family agency agency, as defined in subdivision (g) of Section 11400 of this code, and paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code, determines to have 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 childrens 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 childs 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)Subsequent to meeting the criteria set forth in this subdivision and designation as a resource family, a resource family shall be considered eligible to provide foster care for related and unrelated children in out-of-home placement, shall be considered approved for adoption or guardianship, and shall not have to undergo any additional approval or licensure as long as the family lives in a county participating in the program.
(3)Resource family approval means that the applicant successfully meets the home environment assessment and permanency assessment standards. This approval is in lieu of the existing foster care license, relative or nonrelative extended family member approval, and the adoption home study approval.
(4)Approval of a resource family does not guarantee an initial or continued placement of a child with a resource family.
(5)Notwithstanding paragraphs (1) to (4), inclusive, the department or county may cease any further review of an application if the applicant has had a previous application denial within the preceding year, or if the applicant has had a previous rescission, revocation, or exemption denial or rescission by the department or county within the preceding two years. However, the department or county may continue to review an application if it has determined that the reasons for the previous denial, rescission, or revocation were due to circumstances and conditions that either have been corrected or are no longer in existence. If an individual was excluded from a resource family home or facility licensed by the department, the department or county shall cease review of the individuals application unless the excluded individual has been reinstated pursuant to Section 11522 of the Government Code. The cessation of review shall not constitute a denial of the application for purposes of this section or any other law.
(d)Prior to implementation of this program, the department shall adopt standards pertaining to the home environment and permanency assessments of a resource family.
(1)Resource family home environment assessment standards shall include, but not be limited to, all of the following:
(A)(i)Criminal records clearance of all adults residing in, or regularly present in, the home, and not exempted from fingerprinting, as set forth in subdivision (b) of Section 1522 of the Health and Safety Code, pursuant to Section 8712 of the Family Code, utilizing a check of the Child Abuse Central Index (CACI), and receipt of a fingerprint-based state and federal criminal offender record information search response. The criminal history information shall include subsequent state and federal arrest and disposition notifications pursuant to Section 11105.2 of the Penal Code.
(ii)Consideration of any substantiated allegations of child abuse or neglect against either the applicant or any other adult residing in the home. An approval may not be granted to applicants whose criminal record indicates a conviction for any of the offenses specified in subdivision (g) of Section 1522 of the Health and Safety Code.
(iii)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, except for the civil penalty language, the criminal background check provisions specified in subdivisions (d) through (f) of Section 1522 of the Health and Safety Code shall apply. Exemptions from the criminal records clearance requirements set forth in this section may be granted by the director or the early implementation county, if that county has been granted permission by the director to issue criminal records exemptions pursuant to Section 361.4, using the exemption criteria currently used for foster care licensing as specified in subdivision (g) of Section 1522 of the Health and Safety Code.
(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 set forth in Sections 89387 and 89387.2 of Title 22 of the California Code of Regulations.
(C)In addition to the foregoing requirements, the resource family home 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 childs 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.
(2)The resource family permanency assessment standards shall include, but not be limited to, all of the following:
(A)The applicant shall complete caregiver training.
(B)(i)The applicant shall complete a psychosocial assessment, which shall include the results of a risk assessment.
(ii)A caregiver risk assessment shall include, but shall not be limited to, physical and mental health, alcohol and other substance use and abuse, family and domestic violence, and the factors listed in subparagraphs (A) and (D) of paragraph (1) of subdivision (c).
(C)The applicant shall complete any other activities that relate to a resource familys ability to achieve permanency with the child.
(e)(1)A child may be placed with a resource family that has successfully completed the home environment assessment prior to completion of a permanency assessment only if a compelling reason for the placement exists based on the needs of the child.
(2)The permanency assessment shall be completed within 90 days of the childs placement in the home, unless good cause exists based upon the needs of the child.
(3)If additional time is needed to complete the permanency assessment, the county shall document the extenuating circumstances for the delay and generate a timeframe for the completion of the permanency assessment.
(4)The county shall report to the department on a quarterly basis the number of families with a child in an approved home whose permanency assessment goes beyond 90 days and summarize the reasons for these delays.
(5)A child may be placed with a relative, as defined in Section 319, or nonrelative extended family member, as defined in Section 362.7, prior to applying as a resource family only on an emergency basis if all of the following requirements are met:
(A)Consideration of the results of a criminal records check conducted pursuant to Section 16504.5 of the relative or nonrelative extended family member and of every other adult in the home.
(B)Consideration of the results of the Child Abuse Central Index (CACI) consistent with Section 1522.1 of the Health and Safety Code of the relative or nonrelative extended family member, and of every other adult in the home.
(C)The home and grounds are free of conditions that pose undue risk to the health and safety of the child.
(D)For any placement made pursuant to this paragraph, the county shall initiate the home environment assessment no later than five business days after the placement, which shall include a face-to-face interview with the resource family applicant and child.
(E)For any placement made pursuant to this paragraph, AFDC-FC funding shall not be available until approval of the resource family has been completed.
(F)Any child placed under this section shall be afforded all the rights set forth in Section 16001.9.
(f)The State Department of Social Services shall be responsible for all of the following:
(1)Selecting early implementation counties, based on criteria established by the department in consultation with the County Welfare Directors Association.
(2)Establishing timeframes for participating counties to submit an implementation plan, enter into terms and conditions for participation in the program, train appropriate staff, and accept applications from resource families.
(3)Entering into terms and conditions for participation in the program by counties.
(4)Administering the program through the issuance of written directives that shall have the same force and effect as regulations. Any directive affecting Article 1 (commencing with Section 700) of Chapter 7 of Title 11 of the California Code of Regulations shall be approved by the Department of Justice. The directives shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340)) of Part 1 of Division 3 of Title 2 of the Government Code.
(5)Approving and requiring the use of a single standard for resource family approval.
(6)Adopting and requiring the use of standardized documentation for the home environment and permanency assessments of resource families.
(7)Requiring counties to monitor resource families including, but not limited to, all of the following:
(A)Investigating complaints of resource families.
(B)Developing and monitoring resource family corrective action plans to correct identified deficiencies and to rescind resource family approval if compliance with corrective action plans is not achieved.
(8)Ongoing oversight and monitoring of county systems and operations including all of the following:
(A)Reviewing the countys implementation of the program.
(B)Reviewing an adequate number of approved resource families in each participating county to ensure that approval standards are being properly applied. The review shall include case file documentation, and may include onsite inspection of individual resource families. The review shall occur on an annual basis, and more frequently if the department becomes aware that a participating county is experiencing a disproportionate number of complaints against individual resource family homes.
(C)Reviewing county reports of serious complaints and incidents involving approved resource families, as determined necessary by the department. The department may conduct an independent review of the complaint or incident and change the findings depending on the results of its investigation.
(D)Investigating unresolved complaints against participating counties.
(E)Requiring corrective action of counties that are not in full compliance with the terms and conditions of the program.
(9)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.
(10)Implementing due process procedures, including all of the following:
(A)Providing a statewide fair hearing process for denials, rescissions, or exclusion actions.
(B)Amending the departments applicable state hearing procedures and regulations or using the Administrative Procedure Act, when applicable, as necessary for the administration of the program.
(g)Counties participating in the program shall be responsible for all of the following:
(1)Submitting an implementation plan, entering into terms and conditions for participation in the program, consulting with the county probation department in the development of the implementation plan, training appropriate staff, and accepting applications from resource families within the timeframes established by the department.
(2)Complying with the written directives pursuant to paragraph (4) of subdivision (f).
(3)Implementing the requirements for resource family approval and utilizing standardized documentation established by the department.
(4)Ensuring staff have the education and experience necessary to complete the home environment and psychosocial assessments competently.
(5)(A)Taking the following actions, as applicable:
(i)Approving or denying resource family applications.
(ii)Rescinding approvals of resource families.
(iii)Excluding a resource family parent or other individual from presence in a 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 or nonminor dependent from physical or mental abuse, abandonment, or any other substantial threat to health or safety, consistent with the established standard.
(B)Providing a resource family parent, applicant, or excluded individual requesting review of that decision with due process pursuant to the departments statutes, regulations, and written directives.
(C)Notifying the department of any decisions denying a resource familys application or rescinding the approval of a resource family, excluding an individual, or taking other administrative action.
(D)Issuing a temporary suspension order that suspends the resource family approval prior to a hearing, when urgent action is needed to protect a child or nonminor dependent who is or may be placed in the home from physical or mental abuse, abandonment, or any other substantial threat to health or safety.
(6)Updating resource family approval annually.
(7)Monitoring resource families through all of the following:
(A)Ensuring that social workers who identify a condition in the home that may not meet the approval standards set forth in subdivision (d) while in the course of a routine visit to children placed with a resource family take appropriate action as needed.
(B)Requiring resource families to comply with corrective action plans as necessary to correct identified deficiencies. If corrective action is not completed as specified in the plan, the county may rescind the resource family approval.
(C)Requiring resource families to report to the county child welfare agency any incidents consistent with the reporting requirements for licensed foster family homes.
(8)Investigating all complaints against a resource family and taking action as necessary. This shall include investigating any incidents reported about a resource family indicating that the approval standard is not being maintained.
(A)The childs 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.
(B)Upon conclusion of the complaint investigation, the final disposition shall be reviewed and approved by a supervising staff member.
(C)The department shall be notified of any serious incidents or serious complaints or any incident that falls within the definition of Section 11165.5 of the Penal Code. If those incidents or complaints result in an investigation, the department shall also be notified as to the status and disposition of that investigation.
(9)Performing corrective action as required by the department.
(10)Assessing county performance in related areas of the California Child and Family Services Review System, and remedying problems identified.
(11)Submitting information and data that the department determines is necessary to study, monitor, and prepare the report specified in paragraph (9) of subdivision (f).
(12)Ensuring resource family applicants and resource families have the necessary knowledge, skills, and abilities to support children in foster care by completing caregiver training. The training should include a curriculum that supports the role of a resource family in parenting vulnerable children and should be ongoing in order to provide resource families with information on trauma-informed practices and requirements and other topics within the foster care system.
(13)Ensuring that a resource family applicant completes a minimum of 12 hours of preapproval training. The training shall include, but not be limited to, all of the following courses:
(A)An overview of the child protective and probation systems.
(B)The effects of trauma, including grief and loss, and child abuse and neglect, on child development and behavior, and methods to behaviorally support children impacted by that trauma or child abuse and neglect.
(C)Positive discipline and the importance of self-esteem.
(D)Health issues in foster care.
(E)Accessing services and supports to address education needs, physical, mental, and behavioral health, and substance use disorders, including culturally relevant services.
(F)The rights of a child in foster care, and the resource familys 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 childs 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 familys responsibility to act as a reasonable and prudent parent, and to provide a family setting that promotes normal childhood experiences and that serves the needs of the child.
(N)An overview of the specialized training identified in subdivision (h).
(14)Ensuring approved resource families complete a minimum of eight training hours annually, a portion of which shall be from one or more of the topics listed in paragraph (13).
(h)In addition to any training required by this section, a resource family may be required to receive specialized training, as relevant, 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)Approved relatives and nonrelative extended family members, licensed foster family homes, or approved adoptive homes that have completed the license or approval process prior to full implementation of the program shall not be considered part of the program. The otherwise applicable assessment and oversight processes shall continue to be administered for families and facilities not included in the program.
(2) Upon implementation of the program in a county, that county may not accept new applications for the licensure of foster family homes, the approval of relative and nonrelative extended family members, or the approval of prospective adoptive homes.
(k)The department may waive regulations that pose a barrier to implementation and operation of this program. The waiver of any regulations by the department pursuant to this section shall apply to only those counties or foster family agencies participating in the program and only for the duration of the program.
(l)Resource families approved under initial implementation of the program, who move within an early implementation county or who move to another early implementation county, shall retain their resource family status if the new building and grounds, outdoor activity areas, and storage areas meet home environment standards. The State Department of Social Services or early implementation county may allow a program-affiliated individual to transfer his or her subsequent arrest notification if the individual moves from one early implementation county to another early implementation county, as specified in subdivision (g) of Section 1522 of the Health and Safety Code.
(m)(1)The approval of a resource family who moves to a nonparticipating county remains in full force and effect pending a determination by the county approval agency or the department, as appropriate, whether the new building and grounds and storage areas meet applicable standards, and whether all adults residing in the home have a criminal records clearance or exemptions granted, using the exemption criteria used for foster care licensing, as specified in subdivision (g) of Section 1522 of the Health and Safety Code. Upon this determination, the nonparticipating county shall either approve the family as a relative or nonrelative extended family member, as applicable, or the department shall license the family as a foster family home.
(2)Subject to the requirements in paragraph (1), the family shall continue to be approved for guardianship and adoption. Nothing in this subdivision shall limit a county or adoption agency from determining that the family is not approved for guardianship or adoption based on changes in the familys circumstances or psychosocial assessment.
(3)A program-affiliated individual who moves to a nonparticipating county may not transfer his or her subsequent arrest notification from a participating county to the nonparticipating county.
(n)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.
(o)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 (s) and (t), 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.
(p)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.
(q)Except as provided, approved resource families under this program shall be exempt from all of the following:
(1)Licensure requirements set forth under the Community Care Facilities Act, commencing with Section 1500 of the Health and Safety Code, and all regulations promulgated thereto.
(2)Relative and nonrelative extended family member approval requirements set forth under Sections 309, 361.4, and 362.7, and all regulations promulgated thereto.
(3)Adoptions approval and reporting requirements set forth under Section 8712 of the Family Code, and all regulations promulgated thereto.
(r)(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.
(2)No later than July 1, 2017, each county shall provide the following information to all licensed foster family homes and all approved relatives and nonrelative extended family members:
(A)A detailed description of the resource family approval program.
(B)Notification that, in order to care for a foster child, resource family approval is required by December 31, 2019.
(C)Notification that a foster family home license and an approval of a relative or nonrelative extended family member shall be forfeited by operation of law as provided for in paragraph (4).
(3)By no later than January 1, 2018, the following shall apply to all licensed foster family homes and approved relative and nonrelative extended family members:
(A)A licensed foster family home, and an approved relative or nonrelative extended family member with an approved adoptive home study completed prior to January 1, 2018, shall be deemed to be an approved resource family.
(B)A licensed foster family home, and an approved relative or nonrelative extended family member who had a child in placement at any time, 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 (2) of subdivision (d).
(C)A county may provide supportive services to all licensed foster family home providers, relatives, and nonrelative extended family members with a child in placement to assist with the resource family transition and to minimize placement disruptions.
(4)All foster family licenses and approvals of a relative or nonrelative extended family member shall be forfeited by operation of law on December 31, 2019, except as provided in this paragraph:
(A)All licensed foster family homes that did not have a child in placement at any time, for any length of time, between January 1, 2017, and December 31, 2017, inclusive, shall forfeit the license by operation of law on January 1, 2018.
(B)For foster family home licensees and approved relatives or nonrelative extended family members who have a pending resource family application on December 31, 2019, the foster family home license or relative and nonrelative extended family member approval shall be forfeited by operation of law on the date of approval as a resource family. If approval is denied, forfeiture by operation of law shall occur on the date of completion of any proceedings required by law to ensure due process.
(s)On and after January 1, 2017, all licensed foster family agencies shall approve resource families in lieu of certifying foster homes. A foster family agency or a short-term residential treatment center pursuant to subdivision (b) of Section 11462 shall require applicants and resource families to meet the resource family approval standards and requirements set forth in this chapter and in the written directives adopted pursuant to this chapter prior to approval and in order to maintain approval.
(t)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.
SEC. 112.Section 16519.52 is added to the Welfare and Institutions Code, to read:16519.52.(a)A resource family may install and use delayed egress devices of the time delay type in the home of the resource family.
(b)As used in this section, delayed egress device means a device that precludes the use of exits for a predetermined period of time. These devices shall not delay any residents departure from the home for longer than 30 seconds.
(c)Within the 30 seconds of delay, a resource family may attempt to redirect a resident who attempts to leave the home.
(d)Any person accepted by a resource family using delayed egress devices in the home shall meet all of the following conditions:
(1)The person shall have a developmental disability, as defined in Section 4512.
(2)The person shall be receiving services and case management from a regional center under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)).
(3)An interdisciplinary team, through the Individual Program Plan (IPP) process pursuant to Section 4646.5, shall have determined that the person lacks hazard awareness or impulse control and requires the level of supervision afforded by a resource family in a home equipped with delayed egress devices, and that, but for this placement, the person would be at risk of admission to, or would have no option but to remain in, a more restrictive state hospital or state developmental center placement.
(e)The home shall be subject to all fire and building codes, regulations, and standards applicable to residential care facilities for the elderly utilizing delayed egress devices, and shall receive approval by the county or city fire department, the local fire prevention district, or the State Fire Marshal for the installed delayed egress devices.
(f)The resource family shall provide training regarding the use and operation of the egress control devices used by any person caring for a resident, protection of residents personal rights, lack of hazard awareness and impulse control behavior, and emergency evacuation procedures.
(g)The resource family shall develop a plan of operation that is authorized by the approving county and includes a description of how the home is to be equipped with egress control devices that are consistent with regulations adopted by the State Fire Marshal pursuant to Section 13143 of the Health and Safety Code.
(h)The plan shall include, but shall not be limited to, all of the following:
(1)A description of how the resource family will provide training for persons caring for a resident regarding the use and operation of the egress control devices used in the home.
(2)A description of how the resource family will ensure the protection of the residents personal rights consistent with Sections 4502, 4503, and 4504.
(3)A description of how the resource family will manage the persons lack of hazard awareness and impulse control behavior.
(4)A description of the resource familys emergency evacuation procedures.
(i)Delayed egress devices shall not substitute for adequate supervision. The capacity of the home shall not exceed six residents.
(j)Emergency fire and earthquake drills shall be conducted at least once every three months, and shall include all persons providing resident care and supervision.
SEC. 113.Section 16519.53 is added to the Welfare and Institutions Code, to read:16519.53.(a)A resource family shall be authorized to administer emergency medical assistance and injections for severe diabetic hypoglycemia and anaphylactic shock to a foster child in placement in accordance with subdivision (a) of Section 1507.25 of the Health and Safety Code.
(b)A resource family shall be authorized to administer subcutaneous injections of other medications, including insulin, as prescribed by a childs physician, to a foster child in placement in accordance with subdivision (b) of Section 1507.25 of the Health and Safety Code.
SEC. 114.Section 16519.54 is added to the Welfare and Institutions Code, to read:16519.54.Notwithstanding any other law, a resource family shall not be subject to civil penalties imposed pursuant to the Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code).
SEC. 115.Section 16519.55 is added to the Welfare and Institutions Code, to read:16519.55.(a)Subject to subdivision (b), to encourage the recruitment of resource families, to protect their personal privacy, and to preserve the security of confidentiality of the placements with resource families, the names, addresses, and other identifying information of resource families shall be considered personal information for purposes of the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). This information shall not be disclosed by any state or local agency pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), except as necessary for administering the resource family approval program, facilitating the placement of children with resource families, and providing names and addresses, 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 department, a county, or a foster family agency may request information from, or divulge information to, the department, a county, or a foster family agency, regarding a prospective resource family for the purpose of and as necessary to conduct a reference check to determine whether it is safe and appropriate to approve an applicant to be a resource family.
SEC. 116.Section 16519.6 is added to the Welfare and Institutions Code, to read:16519.6.(a)All hearings conducted pursuant to Section 16519.5 shall be conducted in accordance with the requirements of this section.
(b)The procedures set forth in Chapter 7 (commencing with Section 10950) of Part 2 apply to matters set before the department, except as otherwise provided in this section.
(c)The procedures set forth in Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, and the procedures set forth in the Administrative Procedure Act, apply to matters set before the Office of Administrative Hearings, except as otherwise provided in this section.
(d)Notwithstanding Section 10951, a resource family, applicant, or excluded individual may file an appeal within 25 days of service of a notice of action. Pursuant to Section 1013 of the Code of Civil Procedure, if the notice of action is served by mail, the time to respond shall be extended five days, not to exceed 30 days to file the appeal.
(e)Notwithstanding Section 10951, a countys action shall be final, or for matters set before the department, an action shall be subject to dismissal, if the resource family, applicant, or excluded individual does not file an appeal to the notice of action within the prescribed time.
(f)Except as provided in subdivisions (g) and (h), and notwithstanding Section 10952, a hearing under this section shall be held within 90 days following the receipt of a timely appeal or notice of defense, unless a continuance of the hearing is granted for good cause.
(g)If the county or department has issued an immediate exclusion order, the timelines and provisions set forth in Section 1558 of the Health and Safety Code shall apply, unless a continuance of the hearing is granted for good cause.
(h)If the county or department has issued a temporary suspension order, the hearing shall be held within 30 days following the receipt of a timely appeal or notice of defense. The temporary suspension order shall remain in effect until the time the hearing is completed and the director has made a final determination on the merits. However, the temporary suspension order shall be deemed vacated if the director fails to make a final determination on the merits within 30 days after receipt of the proposed decision by the county or department.
(i)Upon a finding of noncompliance, the department may require a foster family agency to deny or rescind the approval of a home, or take other action deemed necessary for the protection of a child who is or who may be placed in the home. The resource family, applicant, or excluded individual shall be afforded the due process provided pursuant to this section.
(1)If the department requires a foster family agency to deny or rescind the approval, the department shall serve an order of denial or rescission notifying the resource family, applicant, and foster family agency of the basis of the departments action and of the right to a hearing.
(2)The departments order of the denial or rescission of the approval shall remain in effect until the hearing is completed and the director has made a final determination on the merits.
(3)A foster family agencys failure to comply with the departments order to deny or rescind the approval by placing or retaining a child in care shall be grounds for disciplining the foster family agency pursuant to Section 1550 of the Health and Safety Code.
(j)A resource family, applicant, or excluded individual who files an appeal to a notice of action pursuant to this section shall, as part of the appeal, provide his or her current mailing address. The resource family, applicant, or excluded individual shall subsequently notify the county, or department if applicable, in writing of any change in mailing address, until the hearing process has been completed or terminated.
(k)Service by mail of a notice or other writing on a resource family, applicant, or excluded individual in a procedure provided herein is effective if served to the last mailing address on file with the county or department. Service of a notice of action may be by personal service or by first class mail. If the last day for performance of any action required herein falls on a holiday, then such period shall be extended to the next day which is not a holiday.
(l)In all proceedings conducted in accordance with this section, the burden of proof on the department or county shall be by a preponderance of the evidence.
(m)The county or department may institute or continue an administrative proceeding against a resource family, applicant, or excluded individual upon any ground provided by this section, enter an order denying or rescinding the approval, exclude an associated individual, issue a temporary suspension order, or otherwise take disciplinary action against a resource family, applicant, or excluded individual, notwithstanding any resignation, withdrawal, surrender of approval, or denial or rescission of the approval by a foster family agency.
SEC. 117.Section 18251 of the Welfare and Institutions Code is amended to read:18251.As used in this chapter:
(a)County means each county participating in an individualized or wraparound services program.
(b)County placing agency means a county welfare or probation department, or a county mental health department.
(c)Eligible child means a child or nonminor dependent, as described in subdivision (v) of Section 11400, who is any of the following:
(1)A child or nonminor dependent who has been adjudicated as either a dependent, transition dependent, or ward of the juvenile court pursuant to Section 300, 450, 601, or 602 and who would be placed in a group home licensed by the department at a rate classification level of 10 or higher, or commencing January 1, 2017, would be placed in a short-term residential treatment center.
(2)A child or nonminor dependent who is currently, or who would be, placed in a group home licensed by the department at a rate classification level of 10 or higher, or commencing January 1, 2017, would be placed in a short-term residential treatment center.
(3)A child who is eligible for adoption assistance program benefits when the responsible public agency has approved the provision of wraparound services in lieu of out-of-home placement care at a rate classification level of 10 or higher, or commencing January 1, 2017, would be placed in a short-term residential treatment center.
(d)Wraparound services means community-based intervention services that emphasize the strengths of the child and family and includes the delivery of coordinated, highly individualized unconditional services to address needs and achieve positive outcomes in their lives.
(e)Service allocation slot means a specified amount of funds available to the county to pay for an individualized intensive wraparound services package for an eligible child. A service allocation slot may be used for more than one child on a successive basis.
SEC. 118.Section 18254 of the Welfare and Institutions Code is amended to read:18254.(a)Rates for wraparound services, under the wraparound services program, shall be based on the following factors:
(1)The average cost of rate classification 10 to 11 in each county, minus the cost of any concurrent out-of-home placement, for children who are or would be placed in a rate level 10 or 11 group home.
(2)The average cost of rate classification 12 to 14 in each county, minus the cost of any concurrent out-of-home placement, for children who are or would be placed in a rate level 12 to 14 group home.
(b)(1)Prior to the 201112 fiscal year, the department shall reimburse each county, for the purpose of providing intensive wraparound services, up to 100 percent of the state share of nonfederal funds, to be matched by each countys share of cost as established by law, and to the extent permitted by federal law, up to 100 percent of the federal funds allocated for group home placements of eligible children, at the rate authorized pursuant to subdivision (a).
(2)Beginning in the 201112 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
(c)County, and to the extent permitted by federal law, federal, foster care funds shall remain with the administrative authority of the county, which may enter into an interagency agreement to transfer those funds, and shall be used to provide intensive wraparound services.
(d)Costs for the provision of benefits to eligible children, at rates authorized by subdivision (a), through the wraparound services program authorized by this chapter, shall not exceed the costs which would otherwise have been incurred had the eligible children been placed in a group home.
(e)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 119.Section 18254 is added to the Welfare and Institutions Code, to read:18254.(a)(1)Commencing January 1, 2017, the rate for wraparound services, under the wraparound services program, shall be eight thousand five hundred seventy-three dollars ($8,573), based on the average cost of rate classification levels 10.5 and 13 in effect for the 201415 fiscal year.
(2)The rate was determined by using the existing rates determined for the 201415 fiscal year for rate classification levels 10.5 and 13.
(A)Combining and calculating the average of the two.
(B)Minus the cost of any concurrent out-of-home placement for children who are or would be placed in a rate classification level 10 to 11 and 12 to 14 group home, respectively.
(b)For each fiscal year, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
(c)County and federal foster care funds, to the extent permitted by federal law, shall remain with the administrative authority of the county, which may enter into an interagency agreement to transfer those funds, and shall be used to provide intensive wraparound services.
(d)Costs for the provision of benefits to eligible children, at rates authorized by subdivision (a), through the wraparound services program authorized by this chapter, shall not exceed the costs that otherwise would have been incurred had the eligible children been placed in a short-term residential treatment center.
(e)Commencing January 1, 2018, and each January 1 thereafter, an annual cost-of-living increase shall be applied to the wraparound rate, subject to the availability of county funds, equal to the California Necessities Index used in the preparation of the May Revision for the current fiscal year.
(f)This section shall become operative on January 1, 2017.
SEC. 120.Section 18987.72 of the Welfare and Institutions Code is amended to read:18987.72.(a)In order to obtain knowledge and experience with which to inform the process of developing and implementing the plan for residentially based services, required by Section 18987.7, the department shall encourage counties and private nonprofit agencies to develop voluntary agreements to test alternative program design and funding models for transforming existing group home programs into residentially based services programs in order to meet the diverse needs of children or youth and families in the child welfare, juvenile justice, and mental health systems.
(b)(1)With the approval of the department, any counties participating in the federal Title IV-E waiver capped allocation demonstration project pursuant to Section 18260, at their option, and two other counties may enter into and implement voluntary agreements with private nonprofit agencies to transform all or part of an existing group home program into a residentially based services program.
(2)If one or more counties participating in the federal Title IV-E waiver capped allocation demonstration project opts not to enter into a voluntary agreement pursuant to this chapter, the department may select one or more nonwaiver counties. The department may approve up to four counties to participate in the voluntary agreements pursuant to this section.
(3)The department shall select participating counties, based on letters of interest submitted to the department from counties, in consultation with the California Alliance of Child and Family Services and the County Welfare Directors Association.
(c)Voluntary agreements by counties and nonprofit agencies shall satisfy all of the following requirements:
(1)Incorporate and address all of the components and elements for residentially based services described in the Framework for a New System for Residentially-Based Services in California.
(2)Reflect active collaboration among the private nonprofit agency that will operate the residentially based services program and county departments of social services, mental health, or juvenile justice, alcohol and drug programs, county offices of education, or other public entities, as appropriate, to ensure that children, youth, and families receive the services and support necessary to meet their needs.
(3)Provide for an annual evaluation report, to be prepared jointly by the county and the private nonprofit agency. The evaluation report shall include analyses of the outcomes for children and youth, including achievement of permanency, average lengths of stay, and rates of entry and reentry into group care. The evaluation report shall also include analyses of the involvement of children or youth and their families, client satisfaction, the use of the program by the county, the operation of the program by the private nonprofit agency, payments made to the private nonprofit agency by the county, actual costs incurred by the nonprofit agency for the operation of the program, and the impact of the program on state and county AFDC-FC program costs. The county shall send a copy of each annual evaluation report to the director, and the director shall make these reports available to the Legislature upon request.
(4)Permit amendments, modifications, and extensions of the agreement to be made, with the mutual consent of both parties and with approval of the department, based on the evaluations described in paragraph (3), and on the experience and information acquired from the implementation and the ongoing operation of the program.
(5)Be consistent with the countys system improvement plan developed pursuant to the California Child Welfare Outcomes and Accountability System.
(d)(1)Upon a countys request, the director may waive child welfare regulations regarding the role of counties in conjunction with private nonprofit agencies operating residentially based services programs to enhance the development and implementation of case plans and the delivery of services in order to enable a county and a private nonprofit agency to implement an agreement described in subdivision (b). Nothing in this section shall be construed to supersede the requirements set forth in subdivision (c) of Section 16501.
(2)Notwithstanding Sections 11460 and 11462, or any other law or regulation governing payments under the AFDC-FC program, upon the request of one or more counties, and in accordance with the voluntary agreements as described in subdivision (b), the director may also approve the use of up to a total of five alternative funding models for determining the method and level of payments that will be made under the AFDC-FC program to private nonprofit agencies operating residentially based services programs in lieu of using the rate classification levels and schedule of standard rates provided for in Section 11462. These alternative funding models may include, but shall not be limited to, the use of cost reimbursement, case rates, per diem or monthly rates, or a combination thereof. An alternative funding model shall do all of the following:
(A)Support the values and goals for residentially based services, including active child and family involvement, permanence, collaborative decisionmaking, and outcome measurement.
(B)Ensure that quality care and effective services are delivered to appropriate children or youth at a reasonable cost to the public.
(C)Ensure that payment levels are sufficient to permit the private nonprofit agencies operating residentially based services programs to provide care and supervision, social work activities, parallel predischarge community-based interventions for families, and followup postdischarge support and services for children and their families, including the cost of hiring and retaining qualified staff.
(D)Facilitate compliance with state requirements and the attainment of federal and state performance objectives.
(E)Control overall program costs by providing incentives for the private nonprofit agencies to use the most cost-effective approaches for achieving positive outcomes for the children or youth and their families.
(F)Facilitate the ability of the private nonprofit agencies to access other available public sources of funding and services to meet the needs of the children or youth placed in their residentially based services programs, and the needs of their families.
(G)Enable the combination of various funding streams necessary to meet the full range of services needed by foster children or youth in residentially based services programs, with particular reference to funding for mental health treatment services through the Medi-Cal Early and Periodic Screening, Diagnosis, and Treatment program.
(H)Maximize federal financial participation, and mitigate the loss of federal funds, while ensuring the effective delivery of services to children or youth and families, and the achievement of positive outcomes.
(I)Provide for effective administrative oversight and enforcement mechanisms in order to ensure programmatic and fiscal accountability.
(3)A waiver granted by the director pursuant to paragraph (1), or an approval of an alternative funding model pursuant to paragraph (2), shall be applicable only to the development, implementation, and ongoing operation of a residentially based services program and related county activities provided under the terms of the agreement and for the duration of the agreement, and shall be granted only when all of the following apply:
(A)The agreement promises to offer a worthwhile test related to the development, implementation, and ongoing operation of a residentially based services program as described in this chapter.
(B)Existing regulatory provisions or the existing AFDC-FC payment requirements, or both, impose barriers for the effective, efficient, and timely implementation of the agreement.
(C)The requesting county proposes to monitor the agreement for compliance with the terms of the waiver or the alternative funding model, or both.
(D)Notwithstanding any change to payments made to group homes under Section 11462, the department may pay higher AFDC-FC payments for children and youth who are enrolled in a residentially based services program, to be offset by cost efficiencies achieved through shorter lengths of stay in foster care, or a reduction of reentries into foster care, as a result of providing predischarge support and postdischarge services to the children or youth and their families. Any upfront costs for this project shall be offset by other program savings identified by the department, to ensure that there are no net General Fund costs in each fiscal year.
(e)In addition to the requirements set forth in subdivision (c), the voluntary agreements shall do all of the following:
(1)Provide that, to the extent that some of the care, services, and other activities associated with a residentially based services program operated under an agreement described in subdivision (b) are not eligible for federal financial participation as foster care maintenance payments under Part E (commencing with Section 470) of Title IV of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.), but may be eligible for federal financial participation as administration or training, or may be eligible for federal financial participation under other programs, including, but not limited to, Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.), the appropriate state departments shall take measures to obtain that federal funding.
(2)Provide that, prior to approving any waiver or alternative funding model pursuant to subdivision (d), the director shall make a determination that the design of the residentially based services program to be operated under the agreement described in subdivision (b) would ensure the health and safety of children or youth to be served.
(f)Agreements entered into pursuant to this section shall terminate on or before January 1, 2017, or may be extended until January 1, 2019, upon approval by the department, on a case-by-case basis, unless a later enacted statute extends or removes this limitation.
(g)The department shall report during the legislative budget hearings on the status of any county agreements entered into pursuant to subdivision (b), and on the development of statewide residentially based services programs. This report shall be submitted with the recommendations made pursuant to Section 11461.2.
SEC. 121.Notwithstanding the provisions of this act, on and after January 1, 2017, facilities with licensed capacity of 184 that were in operation prior to January 1, 2015, that offer placements for the purpose of attending an onsite high school, may continue to operate under an appropriate licensing category determined by the State Department of Social Services as long as those facilities submit to the department a transition plan describing how the program will comply with the provisions of this act, pursuant to a timeframe to be determined with the department.
SEC. 122.The State Department of Social Services, State Department of Education, and special education local plan area (SELPA) directors shall work together to address the funding formula currently based in part on the State Department of Social Services rate classification level system. The rate classification level for group homes set by the State Department of Social Services shall sunset pursuant to this act. Section 56836.165 of the Education Code takes into account the rate classification level in Section 11462 of the Welfare and Institutions Code in setting its severity rating for purposes of its bed allowances. Prior to the sunset of the rate classification level, the departments and SELPA directors shall work together to develop an alternative basis for its bed allowance formula.
SEC. 123.(a)The State Department of Social Services and the State Department of Health Care Services shall adopt regulations as required to implement the provisions of this act.
(b)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the departments identified in subdivision (a) may implement and administer the changes made by this act through all-county letters or similar written instructions until regulations are adopted.
SEC. 124.The State Department of Social Services shall provide periodic progress updates to the Legislature on the implementation of this act.
SEC. 125.The State Department of Social Services shall work with counties that operate shelters, probation agencies, homeless shelter providers, residential education providers, and others as determined by the department to identify jointly developed alternative timeframes or criteria to be met in order to address the unique circumstances and needs of the populations they serve, while remaining consistent with the principles of this act.
SEC. 126.(a)In order to accomplish the goals set forth in this act, the State Department of Social Services shall work with stakeholders, including other state departments, such as the State Department of Health Care Services, legislative staff, counties, and advocates, to address critical issues in the initial and ongoing implementation of this act. This work with stakeholders shall include the development of timelines and key milestones for implementation of this act, including a process to monitor progress. This work shall also include, but not be limited to, the identification of major implementation tasks and action steps, monitoring achievements, and developing recommendations for addressing issues that arise during implementation. The department, in consultation with the stakeholder groups, shall measure and track changes in the numbers of out-of-home placements that are available to county placing agencies, including the geographic distribution of providers. The State Department of Health Care Services and the State Department of Social Services, as appropriate, shall also measure and track, in consultation with stakeholders, the availability and utilization of services, including, but not limited to, medical and behavioral health and child welfare services for children in out-of-home placements.
(b)The stakeholder process described in subdivision (a) may include the convening of a large workgroup or smaller workgroups that would address specific subject areas that may include, but are not limited to, the following:
(1)Rate development for short-term residential treatment centers, foster family agencies, and other caregivers across the continuum of care.
(2)Assessments.
(3)Retention and recruitment of home-based family caregivers.
(4)Availability of core services, including specialty mental health services, across placement types.
(5)Meeting the needs of special populations within the child welfare system.
(6)The mental health certification process.
(7)Simplification of the licensure and approval process for resource families.
(8)Outcomes, accountability measures, and data collection.
SEC. 127.The Legislature finds and declares that this act, which adds Section 16519.55 to the Welfare and Institutions Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to encourage the recruitment of resource families, to protect their personal privacy, and to preserve the security of confidentiality of the placements with resource families, it is necessary that the names, addresses, and other identifying information of resource families not be disclosed by any state or local agency pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), except as necessary for administering the resource family approval program, facilitating the placement of children with resource families, and providing names and addresses only to bona fide professional foster parent organizations upon request.
SEC. 128.Except as required by Section 36 of Article XIII of the California Constitution, no reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs because, in that regard, this act implements a federal law or regulation and results in costs mandated by the federal government, within the meaning of Section 17556 of the Government Code.
No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
With regard to other costs, to the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state nor otherwise be subject to Section 6 of Article XIII B of the California Constitution.
SEC. 128.(a)Section 6.5 of this bill incorporates amendments to Section 1502 of the Health and Safety Code proposed by both this bill and Senate Bill 524. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 1502 of the Health and Safety Code, and (3) this bill is enacted after Senate Bill 524, in which case Section 6 of this bill shall not become operative.
(b)Section 18.5 of this bill incorporates amendments to Section 1522.41 of the Health and Safety Code proposed by both this bill and Senate Bill 238. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 1522.41 of the Health and Safety Code, and (3) this bill is enacted after Senate Bill 238, in which case Section 18 of this bill shall not become operative.
(c)Sections 23.5 and 24.5 of this bill incorporate statutory changes to Section 1529.2 of the Health and Safety Code proposed by both this bill and Senate Bill 238. They shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill makes changes to Section 1529.2 of the Health and Safety Code, and (3) this bill is enacted after Senate Bill 238, in which case Sections 23 and 24 of this bill shall not become operative.
(d)Section 31.5 of this bill incorporates amendments to Section 1536 of the Health and Safety Code proposed by both this bill and Senate Bill 484. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 1536 of the Health and Safety Code, and (3) this bill is enacted after Senate Bill 484, in which case Section 31 of this bill shall not become operative.
(e)Section 36.5 of this bill incorporates amendments to Section 1548 of the Health and Safety Code proposed by both this bill and Assembly Bill 1387. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 1548 of the Health and Safety Code, and (3) this bill is enacted after Assembly Bill 1387, in which case Section 36 of this bill shall not become operative.
(f)Section 49.5 of this bill incorporates amendments to Section 706.6 of the Welfare and Institutions Code proposed by both this bill and Senate Bill 794. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 706.6 of the Welfare and Institutions Code, and (3) this bill is enacted after Senate Bill 794, in which case Section 49 of this bill shall not become operative.
(g)(1)Section 106.1 of this bill incorporates amendments to Section 16003 of the Welfare and Institutions Code proposed by both this bill and Senate Bill 238. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 16003 of the Welfare and Institutions Code, and (3) Senate Bill 794 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 238, in which case Sections 106, 106.2, and 106.3 of this bill shall not become operative.
(2)Section 106.2 of this bill incorporates amendments to Section 16003 of the Welfare and Institutions Code proposed by both this bill and Senate Bill 794. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 16003 of the Welfare and Institutions Code, (3) Senate Bill 238 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 794 in which case Sections 106, 106.1 and 106.3 of this bill shall not become operative.
(3)Section 106.3 of this bill incorporates amendments to Section 16003 of the Welfare and Institutions Code proposed by this bill, Senate Bill 238, and Senate Bill 794. It shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 16003 of the Welfare and Institutions Code, and (3) this bill is enacted after Senate Bill 238 and Senate Bill 794, in which case Sections 106, 106.1, and 106.2 of this bill shall not become operative.
(h)Section 108.5 of this bill incorporates amendments to Section 16501 of the Welfare and Institutions Code proposed by both this bill and Senate Bill 794. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 16501 of the Welfare and Institutions Code, and (3) this bill is enacted after Senate Bill 794, in which case Section 108 of this bill shall not become operative.
(i)Section 109.5 of this bill incorporates amendments to Section 16501.1 of the Welfare and Institutions Code proposed by both this bill and Senate Bill 794. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 16501.1 of the Welfare and Institutions Code, and (3) this bill is enacted after Senate Bill 794, in which case Section 109 of this bill shall not become operative.
SEC. 129.(a)To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation, Section 36 of Article XIII of the California Constitution shall govern this acts application to local agencies and the states funding of those programs or levels of service.
(b)However, if the Commission on State Mandates determines that this act contains other costs mandated by the state for programs or levels of service not described in subdivision (a), reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)It is the intent of the Legislature in adopting this act to improve Californias child welfare system and its outcomes by using comprehensive initial child assessments, increasing the use of home-based family care and the provision of services and supports to home-based family care, reducing the use of congregate care placement settings, and creating faster paths to permanency resulting in shorter durations of involvement in the child welfare and juvenile justice systems. These changes, along with other provisions in this act, require initial investments in the child welfare system. It is expected that this act, and the initial short-term funding provided by the state to local agencies to implement this act, will reduce overall costs to local agencies and allow local savings to be reinvested in child welfare services. When If overall costs to a local agency are reduced, annual funding by the state to the local agency will only be provided as described in Section 36 of Article XIII of the California Constitution.
(b)Federal law requires that placements of children in foster care be in the least restrictive, most family-like environment. Federal law requires the review of the childs case plan to assess the necessity for and appropriateness of the placement, to assess the progress that has been made toward the case plan goals, and project a likely date by which the child can be safely reunified, or placed for adoption or legal guardianship. Federal law requires the court to periodically, but no less frequently than every six months, review the case plan, the childs status, and the extent of compliance with the case plan.
(c)It is therefore the intent of the Legislature to maintain childrens safety, well-being, and healthy development when they are removed from their own families by placing them, whenever possible and appropriate, with relatives or someone familiar, or, when this is not possible or appropriate, with other caregiving families that are able to meet their physical, social, and emotional needs until they can return home. When reunifying children with their family is not possible, the obligation remains to seek other forms of permanency, such as adoption or guardianship. To achieve this intent, the Legislature recognizes the following:
(1)That the experience and outcomes of foster youth will be improved by assessing the individual needs of each child and youth at the outset of his or her entry into foster care in order to identify and secure the most appropriate services and placement setting to meet those individualized needs.
(A)Medically necessary physical, behavioral, and mental health services, including, but not limited to, Early and Periodic Screening, Diagnostic, and Treatment (EPSDT), specialty mental health services, and services to ameliorate trauma, need to be made available to children and youth in foster care regardless of their placement setting.
(A)Services are consistent with the objectives of the Katie A. Settlement Agreement, which include the timely provision of an array of appropriate services that are coordinated, comprehensive, and community-based, and which address the needs of children and youth with more intensive needs requiring medically necessary specialty mental health services in their own home, or an appropriate homelike setting in order to facilitate reunification and to ensure their safety, permanence, and well-being. Children in need of services are identified and assessed promptly. Child welfare and mental health agencies work together in the provision of coordinated services to these children and youth, and the childs or youths familys voice and choice are taken into account as demonstrated through the Core Practice Model.
(B)Efforts to achieve legal permanency and emotional permanency are necessary for every child and youth. These include establishing and maintaining connections to siblings, extended family, culture, and, if applicable, tribes.
(C)If necessary to meet their treatment and safety needs, some youth who enter foster care may benefit from an initial, upfront, short-term residential care placement to provide crisis stabilization and the structure they require, with the goal of returning them back home or to a less restrictive, family-based setting as soon as possible. Children should not have to first exhaust a number and variety of less restrictive placements regardless of their individual need, which would be detrimental to their well-being.
(2)That children and youth in foster care have been affected by trauma, both by the fact that they have been separated from their family, and by the circumstances that led to their removal. Recognizing this trauma and minimizing additional trauma should be structured into how practice is implemented for children and youth in foster care.
(3)That youth in foster care under the supervision of county probation departments may require additional considerations when being placed outside of the parental home. When ordering placement, the court and probation officers must consider the safety and needs of the youth and the public safety of the community. Significant reforms have been adopted in the juvenile justice system by the state and by the counties in recognition of the fact that detaining youth far from home is not ideal, but may be necessary for a small percentage of probation youth who have committed the most serious offenses. At the same time, in order to serve those probation youth whose needs can be appropriately met safely in least restrictive, family-based settings, sufficient capacity in home-based family care must be developed.
(4)That research demonstrates that being cared for in a family improves outcomes for children who have experienced abuse and neglect. Therefore, children who cannot safely be placed in home-based family care can go into residentially based care with individualized, specific care plans and intensive therapeutic interventions, while emphasizing continuity of care, as demonstrated by the residentially based services pilot program. program, established pursuant to Chapter 12.87 (commencing with Section 18987.7) of Part 6 of Division 9 of the Welfare and Institutions Code. These placements should be short-term in nature and designed to enable children and youth to return to their birth, kin, foster, or adoptive families as quickly and safely as possible, supported by services designed to help the child, youth, and family in this transition. With these services, relatives and foster families can care for children and youth with behavioral and mental health challenges that often are associated with neglect and abuse. Placing agency decisions regarding a specific family need to be based on a determination that the family has the ability and capacity to meet the needs of the specific child or youth.
(5)That working with the child, youth, and family as part of a team results in better outcomes. The child and family team, including extended family and community or tribe, is the primary vehicle for collaboration on the assessment, case planning, and placement decisions that are made by placing agencies. Use of these teams is based upon the wraparound model of care and is intended to support social work, practice, and decisionmaking.
(6)That culturally relevant services and supports need to be made available to children, youth, and their caregivers, regardless of the placement setting, and individually tailored to their needs.
(7)That the practice of public agencies, private agencies, and service providers should be aligned through a common core practice model, with county child welfare and probation agencies retaining their case management responsibilities.
(8)That there is a shift in the terminology used with respect to foster care to describe resource families as home-based family care. These families must parent and nurture vulnerable, traumatized children in emergencies, through transitions and crises, and sometimes make them a permanent part of their own families. These families are inclusive of related or unrelated caregivers who are approved to foster, adopt, or take guardianship of children in foster care, regardless of whether they are approved by a public or private agency.
(9)That the needs of children placed in residential group placements can most effectively be met when there is system accountability. Placement decisions should be informed by the providers performance on common indicators that are publicly available. Providers should continuously work to improve the quality of the care they provide by using available data to manage performance.
(d)The Legislature further declares its intent to continue to adhere to the declarations in Section 175 of the Family Code, Section 1459 of the Probate Code, and Section 224 of the Welfare and Institutions Code pertaining to Indian children, including that the state is committed to protecting the essential tribal relations and best interests of an Indian child by promoting practices, in accordance with the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) and other applicable laws, designed to prevent the childs involuntary out-of-home placement and, whenever that placement is necessary or ordered, by placing the child, whenever possible, in a placement that reflects the unique values of the childs tribal culture and is best able to assist the child in establishing, developing, and maintaining a political, cultural, and social relationship with the childs tribe and tribal community. To that end this legislation is not intended to displace or preclude options available to Indian children, such as placement in tribally approved homes as allowed under the federal Indian Child Welfare Act, or tribal customary adoptions pursuant to Section 366.24 of the Welfare and Institutions Code.
SEC. 2.Section 7911 of the Family Code is amended to read:7911.The Legislature finds and declares all of the following:
(a)The health and safety of California children placed by a county social services agency or probation department out of state pursuant to the provisions of the Interstate Compact on the Placement of Children are a matter of statewide concern.
(b)The Legislature therefore affirms its intention that the State Department of Social Services has full authority to require an assessment and placement recommendation by a county multidisciplinary team prior to placement of a child in an out-of-state group home, to investigate allegations of child abuse or neglect of minors so placed, and to ensure that out-of-state group homes, accepting California children, meet all California group home licensing standards.
(c)The Legislature also affirms its intention that, on and after January 1, 2017, the licensing standards applicable to out-of-state group homes certified by the department shall be those required of short-term residential treatment centers operated in this state.
(d)This section is declaratory of existing law with respect to the Governors designation of the State Department of Social Services to act as the compact administrator and of that department to act as the single state agency charged with supervision of public social services under Section 10600 of the Welfare and Institutions Code.
SEC. 3.Section 7911.1 of the Family Code is amended to read:7911.1.(a)Notwithstanding any other law, the State Department of Social Services or its designee shall investigate any threat to the health and safety of children placed by a California county social services agency or probation department in an out-of-state group home pursuant to the provisions of the Interstate Compact on the Placement of Children. This authority shall include the authority to interview children or staff in private or review their file at the out-of-state facility or wherever the child or files may be at the time of the investigation. Notwithstanding any other law, the State Department of Social Services or its designee shall require certified out-of-state group homes to comply with the reporting requirements applicable to group homes licensed in California pursuant to Title 22 of the California Code of Regulations for each child in care regardless of whether he or she is a California placement, by submitting a copy of the required reports to the Compact Administrator within regulatory timeframes. The Compact Administrator within one business day of receiving a serious events report shall verbally notify the appropriate placement agencies and within five working days of receiving a written report from the out-of-state group home, forward a copy of the written report to the appropriate placement agencies.
(b)Any contract, memorandum of understanding, or agreement entered into pursuant to paragraph (b) of Article 5 of the Interstate Compact on the Placement of Children regarding the placement of a child out of state by a California county social services agency or probation department shall include the language set forth in subdivision (a).
(c)(1)The State Department of Social Services or its designee shall perform initial and continuing inspection of out-of-state group homes in order to either certify that the out-of-state group home meets all licensure standards required of group homes operated in California or that the department has granted a waiver to a specific licensing standard upon a finding that there exists no adverse impact to health and safety.
(2)On and after January 1, 2017, the licensing standards applicable to out-of-state group homes certified by the department, as described in paragraph (1) shall be those required of short-term residential treatment centers operated in this state.
(3)(A)Except as provided in subparagraph (B), on and after January 1, 2017, an out-of-state group home program shall have both of the following credentials in order to receive an AFDC-FC rate:
(i)An accreditation from a nationally recognized accrediting entity identified by the State Department of Social Services pursuant to the process described in paragraph (5) of subdivision (b) of Section 11462 of the Welfare and Institutions Code. Notwithstanding this paragraph, the department may grant a provisional rate to an out-of-state group home program if the program meets the requirements of subparagraph (D) of paragraph (2) of subdivision (c) of Section 11460 of the Welfare and Institutions Code.
(ii)A mental health certification equivalent to that required in Section 11462.01 of the Welfare and Institutions Code.
(B)If an out-of-state group home program is granted an extension pursuant to the exception process described in subdivision (d) of Section 11462.04 of the Welfare and Institutions Code, this paragraph shall apply to that group home on and after January 1, 2018.
(3)On and after January 1, 2017, an out-of-state group home program shall, in order to receive an AFDC-FC rate, meet the requirements of paragraph (2) of subdivision (c) of Section 11460 of the Welfare and Institutions Code.
(4)Any failure by an out-of-state group home facility to make children or staff available as required by subdivision (a) for a private interview or make files available for review shall be grounds to deny or discontinue the certification. The State Department of Social Services shall grant or deny an initial certification or a waiver under this subdivision to an out-of-state group home facility that has more than six California children placed by a county social services agency or probation department by August 19, 1999. The department shall grant or deny an initial certification or a waiver under this subdivision to an out-of-state group home facility that has six or fewer California children placed by a county social services agency or probation department by February 19, 2000. Certifications made pursuant to this subdivision shall be reviewed annually.
(d)Within six months of the effective date of this section, a county shall be required to obtain an assessment and placement recommendation by a county multidisciplinary team for each child in an out-of-state group home facility. On or after March 1, 1999, a
(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 departments 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 departments certification under this section.
SEC. 4.Section 7912 of the Family Code is amended to read:7912.(a)The Legislature finds and declares that the health and safety of children in out-of-state group home care pursuant to the Interstate Compact on the Placement of Children is a matter of statewide concern. The Legislature therefore affirms its intention that children placed by a county social services agency or probation department in out-of-state group homes be accorded the same personal rights and safeguards of a child placed in a California group home. This section is in clarification of existing law.
(b)(1)The Compact Administrator may temporarily suspend any new placements in an out-of-state group home, for a period not to exceed 100 days, pending the completion of an investigation, pursuant to subdivision (a) of Section 7911.1, regarding a threat to the health and safety of children in care. During any suspension period the department or its designee shall have staff daily onsite at the out-of-state group home.
(2)On and after January 1, 2017, the licensing standards applicable to out-of-state group homes certified by the State Department of Social Services shall be those required of short-term residential treatment centers operated in this state.
SEC. 5.Section 6276.38 of the Government Code is amended to read:6276.38.Radioactive materials, dissemination of information about transportation of, Section 33002, Vehicle Code.
Railroad infrastructure protection program, disclosure not required for risk assessments filed with the Public Utilities Commission, the Director of Emergency Services, or the Office of Emergency Services, Section 6254.23.
Real estate broker, annual report to Bureau of Real Estate of financial information, confidentiality of, Section 10232.2, Business and Professions Code.
Real property, acquisition by state or local government, information relating to feasibility, subdivision (h), Section 6254.
Real property, change in ownership statement, confidentiality of, Section 27280.
Records described in Section 1620 of the Penal Code.
Records of contract purchasers, inspection by public prohibited, Section 85, Military and Veterans Code.
Records of persons committed to a state hospital pursuant to Section 4135 of the Welfare and Institutions Code.
Registered public obligations, inspection of records of security interests in, Section 5060.
Registration of exempt vehicles, nondisclosure of name of person involved in alleged violation, Section 5003, Vehicle Code.
Rehabilitation, Department of, confidential information, Section 19016, Welfare and Institutions Code.
Reinsurance intermediary-broker license information, confidentiality of, Section 1781.3, Insurance Code.
Relocation assistance, confidential records submitted to a public entity by a business or farm operation, Section 7262.
Rent control ordinance, confidentiality of information concerning accommodations sought to be withdrawn from, Section 7060.4.
Report of probation officer, inspection, copies, Section 1203.05, Penal Code.
Repossession agency licensee application, confidentiality of information, Sections 7503, 7504, and 7506.5, Business and Professions Code.
Reproductive health facilities, disclosure not required for personal information regarding employees, volunteers, board members, owners, partners, officers, and contractors of a reproductive health services facility who have provided requisite notification, Section 6254.18.
Residence address in any record of Department of Housing and Community Development, confidentiality of, Section 6254.1.
Residence address in any record of Department of Motor Vehicles, confidentiality of, Section 6254.1, Government Code, and Section 1808.21, Vehicle Code.
Residence and mailing addresses in records of Department of Motor Vehicles, confidentiality of, Section 1810.7, Vehicle Code.
Residential care facilities, confidentiality of resident information, Section 1568.08, Health and Safety Code.
Residential care facilities for the elderly, confidentiality of client information, Section 1569.315, Health and Safety Code.
Resource families, identifying information, Section 16519.55, Welfare and Institutions Code.
Respiratory care practitioner, professional competency examination reports, confidentiality of, Section 3756, Business and Professions Code.
Restraint of trade, civil action by district attorney, confidential memorandum, Section 16750, Business and Professions Code.
Reward by Governor for information leading to arrest and conviction, confidentiality of person supplying information, Section 1547, Penal Code.
Safe surrender site, confidentiality of information pertaining to a parent or individual surrendering a child, Section 1255.7, Health and Safety Code.
SEC. 6.Section 1502 of the Health and Safety Code is amended to read:1502.As used in this chapter:
(a)Community care facility means any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and includes the following:
(1)Residential facility means any family home, group care facility, or similar facility determined by the director, for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.
(2)Adult day program means any community-based facility or program that provides care to persons 18 years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of these individuals on less than a 24-hour basis.
(3)Therapeutic day services facility means any facility that provides nonmedical care, counseling, educational or vocational support, or social rehabilitation services on less than a 24-hour basis to persons under 18 years of age who would otherwise be placed in foster care or who are returning to families from foster care. Program standards for these facilities shall be developed by the department, pursuant to Section 1530, in consultation with therapeutic day services and foster care providers.
(4)Foster family agency means any public agency or private organization engaged in the recruiting, certifying, and training of, and providing professional support to, foster parents, or in finding homes or other places for placement of children for temporary or permanent care who require that level of care. Private foster family agencies shall be organized and operated on a nonprofit basis.
(5)Foster family home means any residential facility providing 24-hour care for six or fewer foster children that is owned, leased, or rented and is the residence of the foster parent or parents, including their family, in whose care the foster children have been placed. The placement may be by a public or private child placement agency or by a court order, or by voluntary placement by a parent, parents, or guardian. It also means a foster family home described in Section 1505.2.
(6)Small family home means any residential facility, in the licensees family residence, that provides 24-hour care for six or fewer foster children who have mental disorders or developmental or physical disabilities and who require special care and supervision as a result of their disabilities. A small family home may accept children with special health care needs, pursuant to subdivision (a) of Section 17710 of the Welfare and Institutions Code. In addition to placing children with special health care needs, the department may approve placement of children without special health care needs, up to the licensed capacity.
(7)Social rehabilitation facility means any residential facility that provides social rehabilitation services for no longer than 18 months in a group setting to adults recovering from mental illness who temporarily need assistance, guidance, or counseling. Program components shall be subject to program standards pursuant to Article 1 (commencing with Section 5670) of Chapter 2.5 of Part 2 of Division 5 of the Welfare and Institutions Code.
(8)Community treatment facility means any residential facility that provides mental health treatment services to children in a group setting and that has the capacity to provide secure containment. Program components shall be subject to program standards developed and enforced by the State Department of Health Care Services pursuant to Section 4094 of the Welfare and Institutions Code.
Nothing in this section shall be construed to prohibit or discourage placement of persons who have mental or physical disabilities into any category of community care facility that meets the needs of the individual placed, if the placement is consistent with the licensing regulations of the department.
(9)Full-service adoption agency means any licensed entity engaged in the business of providing adoption services, that does all of the following:
(A)Assumes care, custody, and control of a child through relinquishment of the child to the agency or involuntary termination of parental rights to the child.
(B)Assesses the birth parents, prospective adoptive parents, or child.
(C)Places children for adoption.
(D)Supervises adoptive placements.
Private full-service adoption agencies shall be organized and operated on a nonprofit basis. As a condition of licensure to provide intercountry adoption services, a full-service adoption agency shall be accredited and in good standing according to Part 96 of Title 22 of the Code of Federal Regulations, or supervised by an accredited primary provider, or acting as an exempted provider, in compliance with Subpart F (commencing with Section 96.29) of Part 96 of Title 22 of the Code of Federal Regulations.
(10)Noncustodial adoption agency means any licensed entity engaged in the business of providing adoption services, that does all of the following:
(A)Assesses the prospective adoptive parents.
(B)Cooperatively matches children freed for adoption, who are under the care, custody, and control of a licensed adoption agency, for adoption, with assessed and approved adoptive applicants.
(C)Cooperatively supervises adoptive placements with a full-service adoptive agency, but does not disrupt a placement or remove a child from a placement.
Private noncustodial adoption agencies shall be organized and operated on a nonprofit basis. As a condition of licensure to provide intercountry adoption services, a noncustodial adoption agency shall be accredited and in good standing according to Part 96 of Title 22 of the Code of Federal Regulations, or supervised by an accredited primary provider, or acting as an exempted provider, in compliance with Subpart F (commencing with Section 96.29) of Part 96 of Title 22 of the Code of Federal Regulations.
(11)Transitional shelter care facility means any group care facility that provides for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. Program components shall be subject to program standards developed by the State Department of Social Services pursuant to Section 1502.3.
(12)Transitional housing placement provider means an organization licensed by the department pursuant to Section 1559.110 and Section 16522.1 of the Welfare and Institutions Code to provide transitional housing to foster children at least 16 years of age and not more than 18 years of age, and nonminor dependents, as defined in subdivision (v) of Section 11400 of the Welfare and Institutions Code, to promote their transition to adulthood. A transitional housing placement provider shall be privately operated and organized on a nonprofit basis.
(13)Group home means a residential facility that provides 24-hour care and supervision to children, delivered at least in part by staff employed by the licensee in a structured environment. The care and supervision provided by a group home shall be nonmedical, except as otherwise permitted by law.
(14)Runaway and homeless youth shelter means a group home licensed by the department to operate a program pursuant to Section 1502.35 to provide voluntary, short-term, shelter and personal services to runaway youth or homeless youth, as defined in paragraph (2) of subdivision (a) of Section 1502.35.
(15)Enhanced behavioral supports home means a facility certified by the State Department of Developmental Services pursuant to Article 3.6 (commencing with Section 4684.80) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code, and licensed by the State Department of Social Services as an adult residential facility or a group home that provides 24-hour nonmedical care to individuals with developmental disabilities who require enhanced behavioral supports, staffing, and supervision in a homelike setting. An enhanced behavioral supports home shall have a maximum capacity of four consumers, shall conform to Section 441.530(a)(1) of Title 42 of the Code of Federal Regulations, and shall be eligible for federal Medicaid home- and community-based services funding.
(16)Community crisis home means a facility certified by the State Department of Developmental Services pursuant to Article 8 (commencing with Section 4698) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code, and licensed by the State Department of Social Services pursuant to Article 9.7 (commencing with Section 1567.80), as an adult residential facility, providing 24-hour nonmedical care to individuals with developmental disabilities receiving regional center service, in need of crisis intervention services, and who would otherwise be at risk of admission to the acute crisis center at Fairview Developmental Center, Sonoma Developmental Center, an acute general hospital, acute psychiatric hospital, an institution for mental disease, as described in Part 5 (commencing with Section 5900) of Division 5 of the Welfare and Institutions Code, or an out-of-state placement. A community crisis home shall have a maximum capacity of eight consumers, as defined in subdivision (a) of Section 1567.80, shall conform to Section 441.530(a)(1) of Title 42 of the Code of Federal Regulations, and shall be eligible for federal Medicaid home- and community-based services funding.
(17)Crisis nursery means a facility licensed by the department to operate a program pursuant to Section 1516 to provide short-term care and supervision for children under six years of age who are voluntarily placed for temporary care by a parent or legal guardian due to a family crisis or stressful situation.
(18)Short-term residential treatment center means a residential facility 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, including core services as set forth, on and after January 1, 2017, in paragraph (1) of subdivision (b) of Section 11462 of the Welfare and Institutions Code, and 24-hour care and supervision to children. The care and supervision provided by a short-term residential treatment center shall be nonmedical, except as otherwise permitted by law.
(b)Department or state department means the State Department of Social Services.
(c)Director means the Director of Social Services.
SEC. 7.Section 1502.4 of the Health and Safety Code is amended to read:1502.4.(a)(1)A community care facility licensed as a group home for children pursuant to this chapter may accept for placement, and provide care and supervision to, a child assessed as seriously emotionally disturbed, as long as the child does not need inpatient care in a licensed health facility.
(2)For the purpose of this chapter, the following definitions shall apply:
(A)Inpatient care in a licensed health facility means care and supervision at a level greater than incidental medical services as specified in Section 1507.
(A)Health facility has the meaning set forth in Section 1250.
(B)Seriously emotionally disturbed has the same meaning as that term is used in subdivision (a) of Section 5600.3 of the Welfare and Institutions Code.
(b)If a child described in subdivision (a) is placed into a group home program classified at rate classification level 13 or rate classification level 14 pursuant to Section 11462.01 of the Welfare and Institutions Code, the licensee shall meet both of the following requirements:
(1)The licensee shall agree to accept, for placement into its group home program, only children who have been assessed as seriously emotionally disturbed, by either of the following:
(A)An interagency placement committee, as described in Section 4096 of the Welfare and Institutions Code or by a licensed mental health professional, as defined in subdivision (g) of Section 4096 of the Welfare and Institutions Code.
(B)A licensed mental health professional as defined in subdivision (g) of Section 4096 of the Welfare and Institutions Code if the child is privately placed or only county funded.
(2)The program is certified by the State Department of Health Care Services, pursuant to Section 4096.5 of the Welfare and Institutions Code, as a program that provides mental health treatment services for seriously emotionally disturbed children.
(c)The department shall not evaluate, or have any responsibility or liability with regard to the evaluation of, the mental health treatment services provided pursuant to this section and paragraph (3) of subdivision (f) of Section 11462.01 of the Welfare and Institutions Code. section.
(d)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 8.Section 1502.4 is added to the Health and Safety Code, to read:1502.4.(a)A licensed short-term residential treatment center, as defined in paragraph (18) of subdivision (a) of Section 1502, may only accept for placement a child who does not require inpatient care in a licensed health facility and who has been assessed pursuant to Section 11462.01 of the Welfare and Institutions Code as meeting the applicable criteria for placement in a short-term residential treatment center.
(b)A licensed foster family agency, as defined in paragraph (4) of subdivision (a) of Section 1502, may accept for placement a child who does not require inpatient care in a licensed health facility facility, as defined in Section 1250, and who has been assessed pursuant to Section 11462.01 of the Welfare and Institutions Code as meeting the applicable criteria for placement by a foster family agency.
(c)For the purposes of this chapter, the following definitions shall apply:
(1)Inpatient care in a licensed health facility means care and supervision at a level greater than incidental medical services as specified in Section 1507.
(1)Health facility has the meaning set forth in Section 1250.
(2)Seriously emotionally disturbed has the same meaning as that term is used in subdivision (a) of Section 5600.3 of the Welfare and Institutions Code.
(d)The department shall not evaluate, nor have any responsibility or liability with regard to the evaluation of, the mental health treatment services provided pursuant to this section and paragraph (3) of subdivision (f) of Section 11462.01 of the Welfare and Institutions Code. section.
(e)This section shall become operative on January 1, 2017.
SEC. 9.Section 1502.45 is added to the Health and Safety Code, immediately following Section 1502.4, to read:1502.45.(a)(1)Notwithstanding Section 1502.4, a community care facility licensed as a group home for children pursuant to this chapter may only accept for placement, and provide care and supervision to, a child assessed as seriously emotionally disturbed as long as the child does not need inpatient care in a licensed health facility. facility, as defined in Section 1250.
(2)For the purpose of this section, the following definitions shall apply:
(A)Inpatient care in a licensed health facility means care and supervision at a level greater than incidental medical services as specified in Section 1507.
(A)Health facility has the meaning set forth in Section 1250.
(B)Seriously emotionally disturbed has the same meaning as that term is used in subdivision (a) of Section 5600.3 of the Welfare and Institutions Code.
(b)If a child described in subdivision (a) is placed into a group home program classified at rate classification level 13 or rate classification level 14 pursuant to Section 11462.015 of the Welfare and Institutions Code, the licensee shall meet both of the following requirements:
(1)The licensee shall agree to accept, for placement into its group home program, only children who have been assessed as seriously emotionally disturbed by either of the following:
(A)An interagency placement committee, as described in Section 4096.1 of the Welfare and Institutions Code or by a licensed mental health professional, as defined in subdivision (g) of Section 4096 of the Welfare and Institutions Code.
(B)A licensed mental health professional as defined in subdivision (g) of Section 4096 of the Welfare and Institutions Code if the child is privately placed or only county funded.
(2)The program is certified by the State Department of Health Care Services, pursuant to Section 4096.55 of the Welfare and Institutions Code, as a program that provides mental health treatment services for seriously emotionally disturbed children.
(c)The department shall not evaluate, or have any responsibility or liability with regard to the evaluation of, the mental health treatment services provided pursuant to this section and paragraph (3) of subdivision (f) of Section 11462.015 of the Welfare and Institutions Code. section.
(d)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 of the Welfare and Institutions Code.
(e)This section shall become operative on January 1, 2017.
(f)This section shall remain in effect only until January 1, 2018, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, 2019, deletes or extends that date.
SEC. 10.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 foster family agency functions may use only a certified family home that has been certified by that agency or a licensed foster family home approved for this use by the licensing county pursuant to Section 1506.5.
(2)Any home selected and certified 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 subject to Section 1508. A certified family home may not be concurrently 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 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. The determination regarding whether and how long he or she may remain as a resident after the age of 18 years shall be made through the agreement of all parties involved, including the resident, the foster parent, the foster family agency social worker, the residents regional center case manager, and the residents parent, legal guardian, or conservator, as appropriate. This determination shall include a needs and service plan that contains an assessment of the childs 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 childs 18th birthday. The assessment shall be documented and maintained in the childs file with the foster family agency.
(b)(1)A foster family agency shall certify to the department that the home has met the departments licensing standards. A foster family agency may require a 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 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.
(c)As used in this chapter, certified family home means a family residence certified by a licensed foster family agency and issued a certificate of approval by that agency as meeting licensing standards, and used only by that foster family agency for placements.
(d)(1)Requirements for social work personnel for a foster family agency shall be a masters 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 masters 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 masters 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)For purposes of this section, social work personnel means supervising social workers as well as nonsupervisory social workers.
SEC. 11.Section 1506.1 is added to the Health and Safety Code, to read:1506.1.(a)A foster family agency shall prepare and maintain a current, written plan of operation as required by the department.
(b)(1)On and after January 1, 2017, a foster family agency shall have national accreditation from an entity identified by the department pursuant to the process described in paragraph (8) of subdivision (b) of Section 11463 of the Welfare and Institutions Code.
(2)Notwithstanding paragraph (1), the department may issue a provisional license to a foster family agency and may extend the term of the provisional license in order for the foster family agency to secure accreditation as set forth in subdivision (c) of Section 1525.5.
(c)(1)On and after January 1, 2017, a foster family agencys plan of operation shall demonstrate the foster family agencys ability to support the differing needs of children and their families.
(2)On and after January 1, 2017, a foster family agencys 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.
(2)
(3)In addition to complying with the rules and regulations adopted pursuant to this chapter, on and after January 1, 2017, a foster family agencys 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)A 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 the child as children assessed pursuant to subdivision (d) or (e) of Section 11462.01 of the Welfare and Institutions Code.
(D)How the foster family agency will comply with the resource family approval standards and requirements, as set forth in Section 16519.5 of the Welfare and Institutions Code.
(E)A description of the population or populations to be served.
(F)Any other information that may be prescribed by the department for the proper administration of this section.
(d)In addition to the rules and regulations adopted pursuant to this chapter, a county licensed to operate a foster family agency shall describe, in the plan of operation, its conflict-of-interest mitigation plan, on and after January 1, 2017, as set forth in subdivision (g) of Section 11462.02 of the Welfare and Institutions Code.
(e)The foster family agencys plan of operation shall demonstrate the foster family agencys ability to provide treatment services to meet the individual needs of children placed in licensed, approved, or certified relative and nonrelative foster families, as specified in Section 11402 of the Welfare and Institutions Code.
(f)The department shall have the authority to inspect a foster family agency pursuant to the system of governmental monitoring and oversight developed by the department on and after January 1, 2017, pursuant to subdivision (c) of Section 11463 of the Welfare and Institutions Code.
(g)(1)Upon request of a county, a foster family agency shall submit its plan of operation to the county which it will primarily serve. The county may review the plan of operation to determine whether to issue a certification of all of the following:
(A)The program is needed by the county.
(B)The provider is capable of effectively and efficiently operating the program.
(C)The provider is willing and able to accept placements who need the level of care and services that will be provided by the program.
(D)The plan of operation is suitable to meet the needs of the identified population.
(2)
(g)The department shall establish procedures for certification pursuant to paragraph (1), a county review process, at the countys option, for foster family agencies, which may include the review of the foster family agencys 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. 12.Section 1507.25 of the Health and Safety Code is amended to read:1507.25.(a)(1)Notwithstanding any other law, a person described in paragraph (2), who is not a licensed health care professional, but who is trained to administer injections by a licensed health care professional practicing within his or her scope of practice, may administer emergency medical assistance and injections for severe diabetic hypoglycemia and anaphylactic shock to a foster child in placement.
(2)The following individuals shall be authorized to administer emergency medical assistance and injections in accordance with this subdivision:
(A)A relative caregiver.
(B)A nonrelative extended family member.
(C)A foster family home parent.
(D)A member of a resource family, as defined in subdivision (c) of Section 16519.5 of the Welfare and Institutions Code.
(E)A small family home parent.
(F)A certified parent of a foster family agency.
(G)A substitute caregiver of a foster family home or a certified family home.
(H)A staff member of a small family home or a group home who provides direct care and supervision to children and youth residing in the small family home or group home.
(I)A 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.
(3)The licensed health care professional shall periodically review, correct, or update training provided pursuant to this section as he or she deems necessary and appropriate.
(b)(1)Notwithstanding any other law, a person described in paragraph (2), who is not a licensed health care professional, but who is trained to administer injections by a licensed health care professional practicing within his or her scope of practice, may administer subcutaneous injections of other medications, including insulin, as prescribed by the childs physician, to a foster child in placement.
(2)The following individuals shall be authorized to give prescribed injections including insulin in accordance with this subdivision:
(A)A relative caregiver.
(B)A nonrelative extended family member.
(C)A foster family home parent.
(D)A member of a resource family, as defined in subdivision (c) of Section 16519.5 of the Welfare and Institutions Code.
(E)A small family home parent.
(F)A certified parent of a foster family agency.
(G)In the absence of a foster parent, a designated substitute caregiver in a foster family home or a certified family home.
(H)A direct care 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.
(3)The licensed health care professional shall periodically review, correct, or update training provided pursuant to this section as he or she deems necessary and appropriate.
(c)For purposes of this section, administration of an insulin injection shall include all necessary supportive activities related to the preparation and administration of the injection, including glucose testing and monitoring.
(d)Notwithstanding Part 5.5 (commencing with Section 17700) of Division 9 of, and particularly subdivision (g) of Section 17710 of, the Welfare and Institutions Code, a childs need to receive injections pursuant to this section shall not be the sole basis for determining that the child has a medical condition requiring specialized in-home health care.
(e)This section does not supersede the requirements of Section 369.5 of the Welfare and Institutions Code, with respect to the administration of psychotropic medication to a dependent child of the court.
SEC. 13.Section 1517 is added to the Health and Safety Code, to read:1517.(a)(1)Pursuant to subdivision (a) of Section 16519.5 of the Welfare and Institutions Code, the State Department of Social Services, shall implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, approving relatives and nonrelative extended family members as foster care providers, and approving adoptive families.
(2)For purposes of this section, a resource family means an individual or couple that have 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)A foster family agency that is selected and authorized to participate in early implementation of the resource family approval program, pursuant to subdivision (t) of Section 16519.5 of the Welfare and Institutions Code, shall comply with the provisions of this section.
(1)Notwithstanding any other law, the 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 adopted thereto, and other applicable laws prior to approval and in order to maintain approval.
(2)The foster family agency shall be responsible for all of the following:
(A)Complying with the applicable provisions of the Community Care Facilities Act (commencing with Section 1500), this chapter, the regulations for foster family agencies, the resource family approval standards and requirements set forth in Section 16519.5 of the Welfare and Institutions Code, and the applicable written directives adopted thereto as directed by the department.
(B)Implementing the requirements for the home approval and permanency assessment 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 permanency psychosocial assessments competently.
(D)Taking the following actions, as applicable:
(D)
(i)Approving and or denying resource family applications, including all of the following: applications.
(i)
(ii)Rescinding resource family approvals when appropriate, consistent with the established standard. of resource families.
(ii)
(E)Providing to the department a log of resource families that were approved or rescinded during the month by the 10th day of the following month. For purposes of subdivision (d) of Section 1536, a certified family home includes a resource family approved by the foster family agency pursuant to this section.
(iii)
(F)Updating resource family approval annually.
(E)
(G)Monitoring resource families through all of the following:
(i)Ensuring that social workers who identify a condition in the home that may not meet the resource family approval standards while in the course of a routine visit to children subsequently placed with a resource family take appropriate action as needed.
(ii)Requiring resource families to comply with corrective action plans as necessary to correct identified deficiencies. If corrective action is not completed as specified in the plan, the foster family agency or the department may rescind the approval of the resource family in accordance with the written directives 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 adopted pursuant to Section 16519.5 of the Welfare and Institutions Code.
(F)
(H)Performing corrective action as required by the department.
(G)
(I)Submitting information and data that the department determines is necessary to study, monitor, and prepare the report specified in paragraph (9) of subdivision (f) of Section 16519.5 of the Welfare and Institutions Code.
(H)
(J)Ensuring resource family applicants and resource families meet the training requirements set forth in paragraphs (12) to (14), inclusive, of subdivisions (g) and (h) of Section 16519.5 of the Welfare and Institutions Code.
(3)
(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 investigating all of the following:
(1)Investigating all complaints against a resource family approved by the 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 adopted pursuant to Section 16519.5 of the Welfare and Institutions Code.
(2)Rescinding approvals of a resource family approved by a foster family agency.
(3)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.
(4)Issuing a temporary suspension order that suspends the resource family approval prior to a hearing, when urgent action is needed to protect a child or nonminor dependent from physical or mental abuse, abandonment, or any other substantial threat to health or safety.
(A)
(d)The department may enter and inspect the home of a resource family approved by the 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.
(4)
(e)Nothing in this section or Section 16519.5 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.
(c)
(f)For purposes of paragraph (3) of subdivision (b) of Section 1523.1, a certified family home includes a resource family approved by the a foster family agency pursuant to this section.
(d)
(g)(1)On and after January 1, 2017, all licensed foster family agencies shall approve resource families in lieu of certifying foster homes. A foster family agency shall require its applicants and resource families to meet the resource family approval standards and requirements set forth in Section 16519.5 of the Welfare and Institutions Code, the written directives adopted thereto, and other applicable laws prior to approval and in order to maintain approval.
(2)No later than July 1, 2017, each foster family agency shall provide the following information to all certified family homes:
(A)A detailed description of the resource family approval program.
(B)Notification that, in order to care for a foster child, resource family approval is required by December 31, 2019.
(C)Notification that a certificate of approval shall be forfeited by operation of law as provided for in paragraph (4). (5).
(3)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 at any time, 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 (2) of subdivision (d) of Section 16519.5 of the Welfare and Institutions Code.
(4)A county shall foster family agency may provide supportive services to all certified family homes with a child in placement to assist with the resource family transition and to minimize placement disruptions.
(5)All certificates of approval shall be forfeited by operation of law on December 31, 2019, except as provided in this paragraph:
(A)A certified family home that did not have a child in placement at for any length of time between January 1, 2017, and December 31, 2017, inclusive, shall forfeit by operation of law its certificate of approval on January 1, 2018.
(B)For a certified family home with a pending resource family application on December 31, 2019, the certificate of approval shall be forfeited by operation of law on the date of approval as a resource family. If approval is denied, forfeiture by operation of law shall occur on the date of completion of any proceedings required by law to ensure due process.
SEC. 14.Section 1520.1 of the Health and Safety Code is amended to read:1520.1.In addition to Section 1520, applicants for a group home or short-term residential treatment center license shall meet the following requirements:
(a)(1)During the first 12 months of operation, the facility shall operate with a provisional license. After eight months of operation, the department shall conduct a comprehensive review of the facility for compliance with all applicable laws and regulations and help develop a plan of correction with the provisional licensee, if appropriate. By the end of the 12th month of operation, the department shall determine if the permanent license should be issued.
(2)If the department determines that the group home or short-term residential treatment center is in substantial compliance with licensing standards, notwithstanding Section 1525.5, the department may extend the provisional license for up to an additional six months for either of the following reasons:
(A)The group home or short-term residential treatment center requires additional time to be in full compliance with licensing standards.
(B)After 12 months of operation, the group home or short-term residential treatment center is not operating at 50 percent of its licensed capacity.
(3)By no later than the first business day of the 17th month of operation, the department shall conduct an additional review of a facility for which a provisional license is extended pursuant to paragraph (2), in order to determine whether a permanent license should be issued.
(4)At the time of its review pursuant to paragraph (3), the department may extend the term of a provisional license for a period not to exceed two years, only if it determines that this additional time period is required to secure accreditation from an entity identified by the department pursuant to the process described in paragraph (5) of subdivision (b) of Section 11462 of the Welfare and Institutions Code and provided that all other requirements for a license have been met.
(5)The department may deny a group home or short-term residential treatment center license application at any time during the term of the provisional license to protect the health and safety of clients. If the department denies the application, the group home or short-term residential treatment center shall cease operation immediately. Continued operation of the facility after the department denies the application or the provisional license expires shall constitute unlicensed operation.
(6)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 homes or short-term residential treatment centers operation may be filed.
(b)(1)After the production of the booklet provided for in paragraph (2), every member of the group homes board of directors or governing body and every member of a short-term residential treatment centers 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 homes or short-term residential treatment centers 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 providers or short-term residential treatment center providers 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 homes or short-term residential treatment centers operation that are enforced by the department.
(c)All financial records submitted by a facility to the department, or that are submitted as part of an audit of the facility, including, but not limited to, employee timecards and timesheets, shall be signed and dated by the employee and by the group home representative or short-term residential treatment center representative who is responsible for ensuring the accuracy of the information contained in the record, or when a time clock is used, the payroll register shall be signed and dated, and those financial records shall contain an affirmative statement that the signatories understand that the information contained in the document is correct to the best of their knowledge and that submission of false or misleading information may be prosecuted as a crime.
(d)An applicant, provisional licensee, or licensee shall maintain, submit, and sign financial documents to verify the legitimacy and accuracy of these documents. These documents include, but are not limited to, the group home or short-term residential treatment center application, any financial documents and plans of corrections submitted to the department, and time sheets.
(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 facilitys 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 boards or governing bodys discussion of these documents and the group homes or short-term residential treatment centers operation. The licensee shall make available the minutes of group homes or short-term residential treatment centers board of directors or governing body meetings to the department.
SEC. 15.Section 1520.5 of the Health and Safety Code is amended to read:1520.5.(a)The Legislature hereby declares it to be the policy of the state to prevent overconcentrations of residential care facilities that impair the integrity of residential neighborhoods. Therefore, the director department shall deny an application for a new residential care facility license if the director department determines that the location is in a proximity to an existing residential care facility that would result in overconcentration.
(b)As used in this section, overconcentration means that if a new license is issued, there will be residential care facilities that are separated by a distance of 300 feet or less, as measured from any point upon the outside walls of the structures housing those facilities. Based on special local needs and conditions, the director department may approve a separation distance of less than 300 feet with the approval of the city or county in which the proposed facility will be located.
(c)At least 45 days prior to approving any application for a new residential care facility, the director, department, or county licensing agency, shall notify, in writing, the planning agency of the city, if the facility is to be located in the city, or the planning agency of the county, if the facility is to be located in an unincorporated area, of the proposed location of the facility.
(d)Any city or county may request denial of the license applied for on the basis of overconcentration of residential care facilities.
(e)Nothing in this section authorizes the director, department, on the basis of overconcentration, to refuse to grant a license upon a change of ownership of an existing residential care facility where when there is no change in the location of the facility.
(f)Foster family homes and residential care facilities for the elderly shall not be considered in determining overconcentration of residential care facilities, and license applications for those facilities shall not be denied upon the basis of overconcentration.
(g)Any transitional Transitional shelter care facility as defined in paragraph (11) of subdivision (a) of Section 1502 facilities and temporary shelter care facilities shall not be considered in determining overconcentration of residential care facilities, and license applications for those facilities shall not be denied upon the basis of overconcentration.
SEC. 15.SEC. 16.Section 1522.2 of the Health and Safety Code is amended to read:1522.2.If a local law enforcement agency, a probation officer, or a local department or agency that provides social services becomes aware that an employee of a community treatment facility, a day treatment facility, a group home, a short-term residential treatment center, or a foster family agency has been arrested for child abuse, as defined in Section 11165.6 of the Penal Code, after determining that the potential for abuse is present and that the employee is free to return to the facility where children are present, the local law enforcement agency, probation officer, or local department or agency shall notify the licensee of the charge of abuse.
SEC. 16.SEC. 17.Section 1522.4 of the Health and Safety Code is amended to read:1522.4.(a)In addition to any other requirements of this chapter and except for foster family homes, small family homes, and certified family homes of foster family agencies, all of the following apply to any community care facility providing 24-hour care for children:
(1)The facility shall have one or more facility managers. Facility manager, as used in this section, means a person on the premises with the authority and responsibility necessary to manage and control the day-to-day operation of a community care facility and supervise the clients. The facility manager, licensee, and administrator, or any combination thereof, may be the same person provided he or she meets all applicable requirements. If the administrator is also the facility manager for the same facility, this person shall be limited to the administration and management of only one facility.
(2)The facility manager shall have at least one year of experience working with the client group served, or equivalent education or experience, as determined by the department.
(3)A facility manager shall be at the facility at all times when one or more clients are present. To ensure adequate supervision of clients when clients are at the facility outside of their normal schedule, a current telephone number where the facility manager can be reached shall be provided to the clients, licensing agency, school, and any other agency or person as the department determines is necessary. The facility manager shall instruct these agencies and individuals to notify him or her when clients will be returning to the facility outside of the normal hours.
(4)The Legislature intends to upgrade the quality of care in licensed facilities. For the purposes of Sections 1533 and 1534, the licensed facility shall be inspected and evaluated for quality of care at least once each year, without advance notice and as often as necessary, without advance notice, to ensure the quality of care being provided.
Paragraphs (1), (2), and (3) shall apply only to new facilities licensed for six or fewer children which apply for a license after January 1, 1985, and all other new facilities licensed for seven or more children which apply for a license after January 1, 1988. Existing facilities licensed for seven or more children shall comply by January 1, 1989.
(b)No employee of the state or county employed in the administration of this chapter or employed in a position that is in any way concerned with facilities licensed under this chapter shall hold a license or have a direct or indirect financial interest in a facility described in subdivision (a).
The department, by regulation, shall make the determination pursuant to the purposes of this section and chapter, as to what employment is in the administration of this chapter or in any way concerned with facilities licensed under this chapter and what financial interest is direct or indirect.
This subdivision does not prohibit the state or county from securing a license for, or operating, a facility that is otherwise required to be licensed under this chapter.
(c)(1)No group home, short-term residential treatment center, or foster family agency licensee, or employee, member of the board of directors, or officer of a group home, short-term residential treatment center, or foster family agency licensee, shall offer gifts or other remuneration of any type to any employee of the State Department of Social Services or placement agency that exceeds the monetary limits for gifts to employees of the State of California pursuant to Title 9 (commencing with Section 81000) of the Government Code and regulations adopted thereunder by the Fair Political Practices Commission.
(2)No employee of the department or a placement agency shall accept any gift or other remuneration of any type from a group home, short-term residential treatment center, or foster family agency licensee or employee, member of the board of directors, or officer of a group home, short-term residential treatment center, or foster family agency licensee that exceeds the monetary limits for gifts to employees of the State of California in Title 9 (commencing with Section 81000) of the Government Code and regulations adopted thereunder by the Fair Political Practices Commission.
(3)Violation of this subdivision is punishable as a misdemeanor.
SEC. 17.SEC. 18.Section 1522.41 of the Health and Safety Code is amended to read:1522.41.(a)(1)The department, in consultation and collaboration with county placement officials, group home provider organizations, the Director of Health Care Services, and the Director of Developmental Services, shall develop and establish an administrator certification training program to ensure that administrators of group home facilities have appropriate training to provide the care and services for which a license or certificate is issued.
(2)The department shall develop and establish an administrator certification training program to ensure that administrators of short-term residential treatment center facilities have appropriate training to provide the care and services for which a license or certificate is issued.
(b)(1)In addition to any other requirements or qualifications required by the department, an administrator of a group home or short-term residential treatment center shall successfully complete a specified department-approved training certification program, pursuant to subdivision (c), prior to employment.
(2)In those cases where the individual is both the licensee and the administrator of a facility, the individual shall comply with all of the licensee and administrator requirements of this section.
(3)Failure to comply with this section shall constitute cause for revocation of the license of the facility.
(4)The licensee shall notify the department within 10 days of any change in administrators.
(c)(1)The administrator certification programs for group homes shall require a minimum of 40 hours of classroom instruction that provides training on a uniform core of knowledge in each of the following areas:
(A)Laws, regulations, and policies and procedural standards that impact the operations of the type of facility for which the applicant will be an administrator.
(B)Business operations.
(C)Management and supervision of staff.
(D)Psychosocial and educational needs of the facility residents.
(E)Community and support services.
(F)Physical needs for of facility residents.
(G) Assistance with self-administration, storage, misuse, and interaction of medication used by facility residents.
(H)Resident admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(I)Instruction on cultural competency and sensitivity relating to, and related best practices for, for providing adequate care to for children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, and transgender youth in out-of-home care. or transgender.
(J)Nonviolent emergency intervention and reporting requirements.
(K)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(2)The administrator certification programs for short-term residential treatment centers shall require a minimum of 40 hours of classroom instruction that provides training on a uniform core of knowledge in each of the following areas:
(A)Laws, regulations, and policies and procedural standards that impact the operations of the type of facility for which the applicant will be an administrator.
(B)Business operations and management and supervision of staff, including staff training.
(C)Physical and psychosocial needs of the children, including behavior management, de-escalation techniques, and trauma informed crisis management planning.
(D)Permanence, well-being, and educational needs of the children.
(E)Community and support services, including accessing local behavioral and mental health supports and interventions, substance use disorder treatments, and culturally relevant services, as appropriate.
(F)(i)Authorization, Understanding the requirements and best practices regarding psychotropic medications, including, but not limited to, court authorization, uses, benefits, side effects, interactions, assistance with self-administration, misuse, documentation, and storage of medications.
(ii)Metabolic storage, and metabolic monitoring of children prescribed psychotropic medications.(G)Admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(H)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 as including culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership, and connection to the tribal community and traditions.
(H)
(I)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)
(J)Nonviolent emergency intervention and reporting requirements.
(J)
(K)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(d)Administrators who possess a valid group home license, issued by the department, are exempt from completing an approved initial certification training program and taking a written test, provided the individual completes 12 hours of classroom instruction in the following uniform core of knowledge areas:
(1)Laws, regulations, and policies and procedural standards that impact the operations of a short-term residential treatment center.
(2)(A)Authorization, uses, benefits, side effects, interactions, assistance with self-administration, misuse, documentation, and storage of medications.
(B)Metabolic monitoring of children prescribed psychotropic medications.
(3)Admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(4)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 as including culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership, and connection to the tribal community and traditions.
(4)
(5)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.
(5)
(6)Physical and psychosocial needs of the children, including behavior management, de-escalation deescalation techniques, and trauma informed crisis management planning.
(e)Individuals applying for administrator certification under this section shall successfully complete an approved administrator certification training program, pass a written test administered by the department within 60 days of completing the program, and submit to the department the documentation required by subdivision (f) within 30 days after being notified of having passed the test. The department may extend these time deadlines for good cause. The department shall notify the applicant of his or her test results within 30 days of administering the test.
(f)The department shall not begin the process of issuing a certificate until receipt of all of the following:
(1)A certificate of completion of the administrator training required pursuant to this chapter.
(2)The fee required for issuance of the certificate. A fee of one hundred dollars ($100) shall be charged by the department to cover the costs of processing the application for certification.
(3)Documentation from the applicant that he or she has passed the written test.
(4)Submission of fingerprints pursuant to Section 1522. The department may waive the submission for those persons who have a current clearance on file.
(5)That person is at least 21 years of age.
(g)It shall be unlawful for any person not certified under this section to hold himself or herself out as a certified administrator of a group home or short-term residential treatment center. Any person willfully making any false representation as being a certified administrator or facility manager is guilty of a misdemeanor.
(h)(1)Certificates issued under this section shall be renewed every two years and renewal shall be conditional upon the certificate holder submitting documentation of completion of 40 hours of continuing education related to the core of knowledge specified in subdivision (c). No more than one-half of the required 40 hours of continuing education necessary to renew the certificate may be satisfied through online courses. All other continuing education hours shall be completed in a classroom setting. For purposes of this section, an individual who is a group home or short-term residential treatment center administrator and who is required to complete the continuing education hours required by the regulations of the State Department of Developmental Services, and approved by the regional center, may have up to 24 of the required continuing education course hours credited toward the 40-hour continuing education requirement of this section. The department shall accept for certification, community college course hours approved by the regional centers.
(2)Every administrator of a group home or short-term residential treatment center shall complete the continuing education requirements of this subdivision.
(3)Certificates issued under this section shall expire every two years on the anniversary date of the initial issuance of the certificate, except that any administrator receiving his or her initial certification on or after July 1, 1999, shall make an irrevocable election to have his or her recertification date for any subsequent recertification either on the date two years from the date of issuance of the certificate or on the individuals birthday during the second calendar year following certification. The department shall send a renewal notice to the certificate holder 90 days prior to the expiration date of the certificate. If the certificate is not renewed prior to its expiration date, reinstatement shall only be permitted after the certificate holder has paid a delinquency fee equal to three times the renewal fee and has provided evidence of completion of the continuing education required.
(4)To renew a certificate, the certificate holder shall, on or before the certificate expiration date, request renewal by submitting to the department documentation of completion of the required continuing education courses and pay the renewal fee of one hundred dollars ($100), irrespective of receipt of the departments notification of the renewal. A renewal request postmarked on or before the expiration of the certificate shall be proof of compliance with this paragraph.
(5)A suspended or revoked certificate shall be subject to expiration as provided for in this section. If reinstatement of the certificate is approved by the department, the certificate holder, as a condition precedent to reinstatement, shall submit proof of compliance with paragraphs (1) and (2) of this subdivision, and shall pay a fee in an amount equal to the renewal fee, plus the delinquency fee, if any, accrued at the time of its revocation or suspension. Delinquency fees, if any, accrued subsequent to the time of its revocation or suspension and prior to an order for reinstatement, shall be waived for a period of 12 months to allow the individual sufficient time to complete the required continuing education units and to submit the required documentation. Individuals whose certificates will expire within 90 days after the order for reinstatement may be granted a three-month extension to renew their certificates during which time the delinquency fees shall not accrue.
(6)A certificate that is not renewed within four years after its expiration shall not be renewed, restored, reissued, or reinstated except upon completion of a certification training program, passing any test that may be required of an applicant for a new certificate at that time, and paying the appropriate fees provided for in this section.
(7)A fee of twenty-five dollars ($25) shall be charged for the reissuance of a lost certificate.
(8)A certificate holder shall inform the department of his or her employment status and change of mailing address within 30 days of any change.
(i)Unless otherwise ordered by the department, the certificate shall be considered forfeited under either of the following conditions:
(1)The department has revoked any license held by the administrator after the department issued the certificate.
(2)The department has issued an exclusion order against the administrator pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897, after the department issued the certificate, and the administrator did not appeal the exclusion order or, after the appeal, the department issued a decision and order that upheld the exclusion order.
(j)(1)The department, in consultation and collaboration with county placement officials, provider organizations, the State Department of Health Care Services, and the State Department of Developmental Services, shall establish, by regulation, the program content, the testing instrument, the process for approving administrator certification training programs, and criteria to be used in authorizing individuals, organizations, or educational institutions to conduct certification training programs and continuing education courses. The department may also grant continuing education hours for continuing courses offered by accredited educational institutions that are consistent with the requirements in this section. The department may deny vendor approval to any agency or person in any of the following circumstances:
(A)The applicant has not provided the department with evidence satisfactory to the department of the ability of the applicant to satisfy the requirements of vendorization set out in the regulations adopted by the department.
(B)The applicant person or agency has a conflict of interest in that the person or agency places its clients in group homes or short-term residential treatment centers.
(C)The applicant public or private agency has a conflict of interest in that the agency is mandated to place clients in group homes or short-term residential treatment centers and to pay directly for the services. The department may deny vendorization to this type of agency only as long as there are other vendor programs available to conduct the certification training programs and conduct education courses.
(2)The department may authorize vendors to conduct the administrators certification training program pursuant to this section. The department shall conduct the written test pursuant to regulations adopted by the department.
(3)The department shall prepare and maintain an updated list of approved training vendors.
(4)The department may inspect administrator certification training programs and continuing education courses, including online courses, at no charge to the department, to determine if content and teaching methods comply with regulations. If the department determines that any vendor is not complying with the requirements of this section, the department shall take appropriate action to bring the program into compliance, which may include removing the vendor from the approved list.
(5)The department shall establish reasonable procedures and timeframes not to exceed 30 days for the approval of vendor training programs.
(6)The department may charge a reasonable fee, not to exceed one hundred fifty dollars ($150) every two years, to certification program vendors for review and approval of the initial 40-hour training program pursuant to subdivision (c). The department may also charge the vendor a fee, not to exceed one hundred dollars ($100) every two years, for the review and approval of the continuing education courses needed for recertification pursuant to this subdivision.
(7)(A)A vendor of online programs for continuing education shall ensure that each online course contains all of the following:
(i)An interactive portion in which the participant receives feedback, through online communication, based on input from the participant.
(ii)Required use of a personal identification number or personal identification information to confirm the identity of the participant.
(iii)A final screen displaying a printable statement, to be signed by the participant, certifying that the identified participant completed the course. The vendor shall obtain a copy of the final screen statement with the original signature of the participant prior to the issuance of a certificate of completion. The signed statement of completion shall be maintained by the vendor for a period of three years and be available to the department upon demand. Any person who certifies as true any material matter pursuant to this clause that he or she knows to be false is guilty of a misdemeanor.
(B)Nothing in this subdivision shall prohibit the department from approving online programs for continuing education that do not meet the requirements of subparagraph (A) if the vendor demonstrates to the departments satisfaction that, through advanced technology, the course and the course delivery meet the requirements of this section.
(k)The department shall establish a registry for holders of certificates that shall include, at a minimum, information on employment status and criminal record clearance.
(l)Notwithstanding any provision of law to the contrary, vendors approved by the department who exclusively provide either initial or continuing education courses for certification of administrators of a group home or short-term residential treatment center as defined by regulations of the department, an adult residential facility as defined by regulations of the department, or a residential care facility for the elderly as defined in subdivision (k) of Section 1569.2, shall be regulated solely by the department pursuant to this chapter. No other state or local governmental entity shall be responsible for regulating the activity of those vendors.
SEC. 18.SEC. 19.Section 1522.43 of the Health and Safety Code is amended to read:1522.43.(a)(1)For the duties the department imposes on a group home administrator or short-term residential treatment center administrator in this chapter and in regulations adopted by the department, every group home and short-term residential treatment center shall state in its plan of operation, the number of hours per week that the administrator shall spend completing those duties and how the group home administrator or short-term residential treatment center administrator shall accomplish those duties, including use of support personnel.
(2)For initial applicants, the information in paragraph (1) shall be contained in the plan of operation submitted to the department in the application.
(3)For current licensees, the licensee shall submit an amended plan of operation that contains the information required by paragraph (1) within six months of the effective date of this section. For changes in the group home administrator duties imposed by the department in this chapter or in regulations, a current licensee shall have six months after the effective date of those duties to submit an amended plan of operation to reflect the new administrator duties.
(b)(1)The department may review a group homes or short-term residential treatment centers plan of operation to determine if the plan of operation is sufficient to ensure that the facility will operate in compliance with applicable licensing laws and regulations. As part of the review, the department may request that a peer review panel review the plan of operation for a group home as prescribed in paragraph (2), or for a short-term residential treatment center as prescribed in paragraph (3).
(2)The peer review panel shall consist of two representatives from the department, including one from the unit that governs programs and one from the unit that governs licensing, a qualified group home administrator, an experienced group home provider in good standing, and a member or members from the placement agency or agencies that place children in group homes, and may also include the local county behavioral health department, as appropriate.
(3)The peer review panel shall consist of two representatives from the department, including one from the unit that governs programs and one from the unit that governs licensing, a qualified short-term residential treatment center administrator, a short-term residential treatment center provider in good standing, and a member or members from the placement agency or agencies that place children in short-term residential treatment centers, and may also include the local county behavioral health department, as appropriate.
(c)A group home or short-term residential treatment center shall develop a daily schedule of activities for the children at the facility. The facility shall have this schedule available for inspection by the department. The activities in which the children are scheduled to participate shall be designed to meet the needs of the individual child, and shall be based on that childs needs and services plan.
(d)The department shall establish a process, no later than January 1, 2017, for convening the peer review panel as set forth in subdivision (b) for review of the plans of operation for short-term residential treatment centers, and shall develop this process in consultation with the County Welfare Directors Association of California, Chief Probation Officers of California, County Behavioral Health Directors Association of California, and stakeholders.
SEC. 20.Section 1524 of the Health and Safety Code is amended to read:1524.A license shall be forfeited by operation of law when one of the following occurs:
(a)The licensee sells or otherwise transfers the facility or facility property, except when change of ownership applies to transferring of stock when the facility is owned by a corporation, and when the transfer of stock does not constitute a majority change of ownership.
(b)The licensee surrenders the license to the department.
(c)(1)The licensee moves a facility from one location to another. The department shall develop regulations to ensure that the facilities are not charged a full licensing fee and do not have to complete the entire application process when applying for a license for the new location.
(2)This subdivision shall not apply to a licensed foster family home, a home certified by a licensed foster family agency, or a home approved pursuant to Sections 309, 361.4, and 361.45 of the Welfare and Institutions Code. When a foster family home licensee, certified home parent, or a person approved to care for children pursuant to Sections 309, 361.4, and 361.45 of the Welfare and Institutions Code moves to a new location, the existing license, certification, or approval may be transferred to the new location. All caregivers to whom this paragraph applies shall be required to meet all applicable licensing laws and regulations at the new location.
(d)The licensee is convicted of an offense specified in Section 220, 243.4, or 264.1, or paragraph (1) of Section 273a, Section 273d, 288, or 289 of the Penal Code, or is convicted of another crime specified in subdivision (c) of Section 667.5 of the Penal Code.
(e)The licensee dies. If an adult relative notifies the department of his or her desire to continue operation of the facility and submits an application, the department shall expedite the application. The department shall promulgate regulations for expediting applications submitted pursuant to this subdivision.
(f)The licensee abandons the facility.
(g)When the certification issued by the State Department of Developmental Services to a licensee of an Adult Residential Facility for Persons with Special Health Care Needs, licensed pursuant to Article 9 (commencing with Section 1567.50), is rescinded.
(h)When the certification issued by the State Department of Developmental Services to a licensee of an enhanced behavioral supports home, licensed pursuant to Article 9.5 (commencing with Section 1567.61), is rescinded.
(i)When the certificate of program approval issued 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, to a licensee of a community crisis home, licensed pursuant to Article 9.7 (commencing with Section 1567.80), is rescinded.
(j)A group home license issued to a county shall be forfeited by operation of law when the county receives a license to operate a temporary shelter care facility in accordance with Section 1530.8.
(k)A temporary shelter care facility license issued to a private, nonprofit organization under contract with a county shall be forfeited by operation of law upon termination of the contract in accordance with Section 1530.8.
(l)A foster family home license shall be forfeited by operation of law as provided in paragraph (4) of subdivision (r) of Section 16519.5 of the Welfare and Institutions Code.
SEC. 19.SEC. 21.Section 1524.6 of the Health and Safety Code is amended to read:1524.6.(a)In addition to any other requirement of this chapter, any group home or short-term residential treatment center, as defined by regulations of the department, providing care for any number of persons, that is not already subject to the requirements of Section 1524.5, shall provide a procedure approved by the licensing agency for immediate response to incidents and complaints, as defined by regulations of the department. This procedure shall include a method of ensuring that the owner, licensee, or person designated by the owner or licensee is notified of the incident or complaint, that the owner, licensee, or person designated by the owner or licensee has personally investigated the matter, and that the person making the complaint or reporting the incident has received a written response, within 30 days of receiving the complaint, of action taken, or a reason why no action needs to be taken.
(b)In order to ensure the opportunity for complaints to be made directly to the owner, licensee, or person designated by the owner or licensee, and to provide the opportunity for the owner, licensee, or person designated by the owner or licensee to meet neighborhood residents and learn of problems in the neighborhood, any group home or short-term residential treatment center shall establish a fixed time on a periodic basis when the owner, licensee, or person designated by the owner or licensee will be present. At this fixed time, information shall be provided to neighborhood residents of the complaint procedure pursuant to Section 1538.
(c)Facilities shall establish procedures to comply with the requirements of this section on or before July 1, 2005.
(d)This section shall not apply to family homes certified by foster family agencies, foster family homes, and small family homes. It is not the intent of the Legislature that this section be applied in a way that is contrary to the childs best interests.
SEC. 20.SEC. 22.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 which that the director determines are in substantial compliance with the provisions of this chapter and the rules and regulations adopted pursuant thereto, provided, to this chapter, provided that no life safety risks are involved, as determined by the director. In determining whether any life safety risks are involved, the director shall require completion of all applicable fire clearances and criminal record clearances as otherwise required by the departments rules and regulations. The provisional license shall expire six months from the date of issuance, or at any earlier time as the director may determine, and may not be renewed. However, the director may extend the term of a provisional license for an additional six months at time of application, if it is determined that more than six months will be required to achieve full compliance with licensing standards due to circumstances beyond the control of the applicant, provided all other requirements for a license have been met.
(b) This section shall not apply to foster family homes.
(c)Notwithstanding subdivision (a), the department may extend the term of a provisional license issued to a foster family agency, not to exceed two years, if it determines that this additional time is required to secure accreditation from an entity identified by the department pursuant to paragraph (8) of subdivision (b) of Section 11463 of the Welfare and Institutions Code and provided that all other requirements for a license have been met.
SEC. 21.SEC. 23.Section 1529.2 of the Health and Safety Code is amended to read:1529.2.(a)In addition to the foster parent training provided by community colleges, foster family agencies shall provide a program of training for their certified foster families.
(b)(1)Every licensed foster parent shall complete a minimum of 12 hours of foster parent training, as prescribed in paragraph (3), before the placement of any foster children with the foster parent. In addition, a foster parent shall complete a minimum of eight hours of foster parent training annually, as prescribed in paragraph (4). No child shall be placed in a foster family home unless these requirements are met by the persons in the home who are serving as the foster parents.
(2)(A)Upon the request of the foster parent for a hardship waiver from the postplacement training requirement or a request for an extension of the deadline, the county may, at its option, on a case-by-case basis, waive the postplacement training requirement or extend any established deadline for a period not to exceed one year, if the postplacement training requirement presents a severe and unavoidable obstacle to continuing as a foster parent. Obstacles for which a county may grant a hardship waiver or extension are:
(i)Lack of access to training due to the cost or travel required.
(ii)Family emergency.
(B)Before a waiver or extension may be granted, the foster parent should explore the opportunity of receiving training by video or written materials.
(3)The initial preplacement training shall include, but not be limited to, training courses that cover all of the following:
(A)An overview of the child protective and probation systems. system.
(B)The effects of trauma, including grief and loss, and child abuse and neglect on child development, and methods to behaviorally support children impacted by that trauma. development.
(C)Positive discipline and the importance of self-esteem.
(D)Health issues in foster care, including, but not limited to, the authorization, uses, risks, benefits, assistance with self-administration, oversight, and monitoring of psychotropic or other medications, and trauma, mental health, and substance use disorder treatments, for children in foster care under the jurisdiction of the juvenile court, including how to access those treatments.
(E)Accessing education and health services available to foster children.
(F)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(G)Instruction on cultural competency and sensitivity and related relating to best practices for providing adequate care for children across diverse ethnic and racial backgrounds, as well as children identifying as to lesbian, gay, bisexual, or transgender. and transgender youth in out-of-home care.
(H)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(4)The postplacement annual training shall include, but not be limited to, training courses that cover all of the following:
(A)Age-appropriate child development.
(B)Health issues in foster care.
(C)Positive discipline and the importance of self-esteem.
(D)Emancipation and independent living skills if a foster parent is caring for youth.
(E)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(F)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(5)Foster parent training may be attained through a variety of sources, including community colleges, counties, hospitals, foster parent associations, the California State Foster Parent Associations Conference, adult schools, and certified foster parent instructors.
(6)A candidate for placement of foster children shall submit a certificate of training to document completion of the training requirements. The certificate shall be submitted with the initial consideration for placements and provided at the time of the annual visit by the licensing agency thereafter.
(c)In addition to any training required by this section, a foster parent may be required to receive specialized training, as relevant, for the purpose of preparing the foster parent 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 cultural needs of children, including, but not limited to, cultural competency and sensitivity and related use best practices for providing adequate care to children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender.
(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, its historical significance, the rights of children covered by the act, and the best interests of those 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.
(d)
(c)Nothing in this section shall preclude a county from requiring county-provided preplacement or postplacement foster parent training in excess of the requirements in this section.
(e)
(d)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 22.SEC. 24.Section 1529.2 is added to the Health and Safety Code, to read:1529.2.(a)It is the intent of the Legislature that all foster parents have the necessary knowledge, skills, and abilities to support the safety, permanency, and well-being of children in foster care. Initial and ongoing preparation and training of foster parents should support the foster parents role in parenting vulnerable children, youth, and young adults, including supporting the childrens connection with their families. Their training should be ongoing in order to provide foster parents with information on new practices and requirements and other helpful topics within the child welfare and probation systems and may be offered in a classroom setting, online, or individually.
(b)A licensed or certified foster parent shall complete a minimum of eight training hours annually, a portion of which shall be from one or more of the following topics, as prescribed by the department, pursuant to subdivision (a):
(1)Age-appropriate child and adolescent development.
(2)Health issues in foster care, including, but not limited to, the authorization, uses, risks, benefits, assistance with self-administration, oversight, and monitoring of psychotropic or other medications, and trauma, mental health, and substance use disorder treatments for children in foster care under the jurisdiction of the juvenile court, including how to access those treatments.
(3)Positive discipline and the importance of self-esteem.
(4)Preparation of children and youth for a successful transition to adulthood.
(5)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(6)Instruction on cultural competency and 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.
(c)In addition to any training required by this section, a foster parent may be required to receive specialized training, as relevant, for the purpose of preparing the foster parent 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 cultural needs of children, including, but not limited to, cultural competency and sensitivity and related best practices for providing adequate care to children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender.
(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, 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 Native American 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.
(d)No child shall be placed with a foster parent unless each foster parent in the home meets the requirements of this section.
(e)(1)Upon the request of the licensed or certified foster parent for a hardship waiver from the annual training requirement or a request for an extension of the deadline, the county may, at its option, on a case-by-case basis, waive the training requirement or extend any established deadline for a period not to exceed one year, if the training requirement presents a severe and unavoidable obstacle to continuing as a foster parent.
(2)Obstacles for which a county may grant a hardship waiver or extension are:
(A)Lack of access to training due to the cost or travel required or lack of child care to participate in the training, when online resources are not available.
(B)Family emergency.
(3)Before a waiver or extension may be granted, the licensed or certified foster parent should explore the opportunity of receiving training online or by video or written materials.
(f)(1)Foster parent training may be obtained through sources that include, but are not necessarily limited to, community colleges, counties, hospitals, foster parent associations, the California State Foster Parent Associations Conference, online resources, adult schools, and certified foster parent instructors.
(2)In addition to the foster parent training provided by community colleges, foster family agencies shall provide a program of training for their certified foster families.
(g)(1)Training certificates shall be submitted to the appropriate licensing or foster family agency.
(2)Upon completion, a licensed or certified parent shall submit a certificate of completion for the annual training requirements.
(h)Nothing in this section shall preclude a county or a foster family agency from requiring foster parent training in excess of the requirements in this section.
(i)This section shall become operative on January 1, 2017.
(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. 23.SEC. 25.Section 1530.7 of the Health and Safety Code is amended to read:1530.7.(a)Group homes, short-term residential treatment centers, foster family agencies, small family homes, transitional housing placement providers, and crisis nurseries licensed pursuant to this chapter shall maintain a smoke-free environment in the facility.
(b)A person who is licensed or certified pursuant to this chapter to provide residential care in a foster family home or certified family home shall not smoke or permit any other person to smoke inside the facility, and, when the child is present, on the outdoor grounds of the facility.
(c)A person who is licensed or certified pursuant to this chapter to provide residential foster care shall not smoke in any motor vehicle that is regularly used to transport the child.
SEC. 24.SEC. 26.Section 1530.8 of the Health and Safety Code is amended to read:1530.8.(a)(1)The department shall adopt regulations for community care facilities licensed as group homes, and for temporary shelter care facilities as defined in subdivision (c), that care for dependent children, children placed by a regional center, or voluntary placements, who are younger than six years of age. The department shall adopt regulations that apply to short-term residential treatment centers that care for children younger than six years of age. The regulations shall include the standards set forth in subdivision (c) of Section 11467.1 of the Welfare and Institutions Code.
(2)The department shall adopt regulations under this section that apply to minor parent programs serving children younger than six years of age who reside in a group home with a minor parent who is the primary caregiver of the child. The department shall adopt regulations under this section that apply to short-term residential treatment centers that provide minor parent programs serving children younger than six years of age.
(3)To the extent that the department determines they are necessary, the department shall adopt regulations under this section that apply to group homes or short-term residential treatment centers that care for dependent children who are 6 to 12 years of age, inclusive. In order to determine whether such regulations are necessary, and what any resulting standards should include, the department shall consult with interested parties that include, but are not limited to, representatives of current and former foster youth, advocates for children in foster care, county welfare and mental health directors, chief probation officers, representatives of care providers, experts in child development, and representatives of the Legislature. The standards may provide normative guidelines differentiated by the needs specific to children in varying age ranges that fall between 6 and 12 years of age, inclusive. Prior to adopting regulations, the department shall submit for public comment, by July 1, 2016, 2017, any proposed regulations.
(b)The regulations shall include physical environment standards, including staffing and health and safety requirements, that meet or exceed state child care standards under Title 5 and Title 22 of the California Code of Regulations.
(c)For purposes of this section, a temporary shelter care facility means any residential facility that meets all of the following requirements:
(1)It is owned and operated by the county or on behalf of a county by a private, nonprofit agency.
(2)It is a 24-hour facility that provides no more than 10 calendar days of residential care and supervision for children under 18 years of age who have been removed from their homes as a result of abuse or neglect, as defined in Section 300 of the Welfare and Institutions Code, or both.
(d)(1)The department may license a temporary shelter care facility pursuant to this chapter on or after January 1, 2016. A temporary shelter care license may be issued only to a county operating a licensed group home, or to an agency on behalf of a county, as of January 1, 2016.
(2)The department shall consult with counties that operate these shelters as licensed group homes to develop a transition plan for the development of temporary shelter care facilities to address the unique circumstances and needs of the populations they serve, while remaining consistent with the principles of the act that added this subdivision.
(3)These transition plans shall describe circumstances under which children will be admitted for a period in excess of 24 hours and reflect necessary staffing levels or staffing transitions.
(e)(1)A group home license issued to a county will be forfeited by operation of law upon receipt of a license to operate a temporary shelter care facility as described in Section 11462.022 of the Welfare and Institutions Code.
(2)Nothing in this subdivision shall preclude a county from applying for and being licensed as a short-term residential treatment center pursuant to Section 1562.01 or a runaway and homeless youth shelter pursuant to Section 1502.35, or a foster family agency as authorized by subdivision (b) of Section 11462.02 of the Welfare and Institutions Code.
SEC. 25.SEC. 27.Section 1531.1 of the Health and Safety Code is amended to read:1531.1.(a)A residential facility licensed as an adult residential facility, group home, short-term residential treatment center, small family home, foster family home, or a family home certified by a foster family agency may install and utilize delayed egress devices of the time delay type.
(b)As used in this section, delayed egress device means a device that precludes the use of exits for a predetermined period of time. These devices shall not delay any residents departure from the facility for longer than 30 seconds.
(c)Within the 30 seconds of delay, facility staff may attempt to redirect a resident who attempts to leave the facility.
(d)Any person accepted by a residential facility or family home certified by a foster family agency utilizing delayed egress devices shall meet all of the following conditions:
(1)The person shall have a developmental disability as defined in Section 4512 of the Welfare and Institutions Code.
(2)The person shall be receiving services and case management from a regional center under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code).
(3)An interdisciplinary team, through the Individual Program Plan (IPP) process pursuant to Section 4646.5 of the Welfare and Institutions Code, shall have determined that the person lacks hazard awareness or impulse control and requires the level of supervision afforded by a facility equipped with delayed egress devices, and that but for this placement, the person would be at risk of admission to, or would have no option but to remain in, a more restrictive state hospital or state developmental center placement.
(e)The facility shall be subject to all fire and building codes, regulations, and standards applicable to residential care facilities for the elderly utilizing delayed egress devices, and shall receive approval by the county or city fire department, the local fire prevention district, or the State Fire Marshal for the installed delayed egress devices.
(f)The facility shall provide staff training regarding the use and operation of the egress control devices utilized by the facility, protection of residents personal rights, lack of hazard awareness and impulse control behavior, and emergency evacuation procedures.
(g)The facility shall develop a plan of operation approved by the State Department of Social Services that includes a description of how the facility is to be equipped with egress control devices that are consistent with regulations adopted by the State Fire Marshal pursuant to Section 13143.
(h)The plan shall include, but shall not be limited to, all of the following:
(1)A description of how the facility will provide training for staff regarding the use and operation of the egress control devices utilized by the facility.
(2)A description of how the facility will ensure the protection of the residents personal rights consistent with Sections 4502, 4503, and 4504 of the Welfare and Institutions Code.
(3)A description of how the facility will manage the persons lack of hazard awareness and impulse control behavior.
(4)A description of the facilitys emergency evacuation procedures.
(i)Delayed egress devices shall not substitute for adequate staff. Except for facilities operating in accordance with Section 1531.15, the capacity of the facility shall not exceed six residents.
(j)Emergency fire and earthquake drills shall be conducted at least once every three months on each shift, and shall include all facility staff providing resident care and supervision on each shift.
SEC. 26.SEC. 28.Section 1531.15 of the Health and Safety Code is amended to read:1531.15.(a)A licensee of an adult residential facility, short-term residential treatment center, or group home for no more than six residents, except for the larger facilities provided for in paragraph (1) of subdivision (k), that is utilizing delayed egress devices pursuant to Section 1531.1, may install and utilize secured perimeters in accordance with the provisions of this section.
(b)As used in this section, secured perimeters means fences that meet the requirements prescribed by this section.
(c)Only individuals meeting all of the following conditions may be admitted to or reside in a facility described in subdivision (a) utilizing secured perimeters:
(1)The person shall have a developmental disability as defined in Section 4512 of the Welfare and Institutions Code.
(2)The person shall be receiving services and case management from a regional center under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code).
(3)(A)The person shall be 14 years of age or older, except as specified in subparagraph (B).
(B)Notwithstanding subparagraph (A), a child who is at least 10 years of age and less than 14 years of age may be placed in a licensed group home described in subdivision (a) using secured perimeters only if both of the following occur:
(i)A comprehensive assessment is conducted and an individual program plan meeting is convened to determine the services and supports needed for the child to receive services in a less restrictive, unlocked residential setting in California, and the regional center requests assistance from the State Department of Developmental Services statewide specialized resource service to identify options to serve the child in a less restrictive, unlocked residential setting in California.
(ii)The regional center requests placement of the child in a licensed group home described in subdivision (a) using secured perimeters on the basis that the placement is necessary to prevent out-of-state placement or placement in a more restrictive, locked residential setting such as a developmental center, institution for mental disease or psychiatric facility, and the State Department of Developmental Services approves the request.
(4)The person is not a foster child under the jurisdiction of the juvenile court pursuant to Section 300, 450, 601, or 602 of the Welfare and Institutions Code.
(5)(A)An interdisciplinary team, through the individual program plan (IPP) process pursuant to Section 4646.5 of the Welfare and Institutions Code, shall have determined the person lacks hazard awareness or impulse control and, for his or her safety and security, requires the level of supervision afforded by a facility equipped with secured perimeters, and, but for this placement, the person would be at risk of admission to, or would have no option but to remain in, a more restrictive placement. The individual program planning team shall convene every 90 days after admission to determine and document the continued appropriateness of the current placement and progress in implementing the transition plan.
(B)The clients rights advocate for the regional center shall be notified of the proposed admission and the individual program plan meeting and may participate in the individual program plan meeting unless the consumer objects on his or her own behalf.
(d)The licensee shall be subject to all applicable fire and building codes, regulations, and standards, and shall receive approval by the county or city fire department, the local fire prevention district, or the State Fire Marshal for the installed secured perimeters.
(e)The licensee shall provide staff training regarding the use and operation of the secured perimeters, protection of residents personal rights, lack of hazard awareness and impulse control behavior, and emergency evacuation procedures.
(f)The licensee shall revise its facility plan of operation. These revisions shall first be approved by the State Department of Developmental Services. The plan of operation shall not be approved by the State Department of Social Services unless the licensee provides certification that the plan was approved by the State Department of Developmental Services. The plan shall include, but not be limited to, all of the following:
(1)A description of how the facility is to be equipped with secured perimeters that are consistent with regulations adopted by the State Fire Marshal pursuant to Section 13143.6.
(2)A description of how the facility will provide training for staff.
(3)A description of how the facility will ensure the protection of the residents personal rights consistent with Sections 4502, 4503, and 4504 of the Welfare and Institutions Code, and any applicable personal rights provided in Title 22 of the California Code of Regulations.
(4)A description of how the facility will manage residents lack of hazard awareness and impulse control behavior, which shall emphasize positive behavioral supports and techniques that are alternatives to physical, chemical, or mechanical restraints, or seclusion.
(5)A description of the facilitys emergency evacuation procedures.
(6)A description of how the facility will comply with applicable health and safety standards.
(g)Secured perimeters shall not substitute for adequate staff.
(h)Emergency fire and earthquake drills shall be conducted on each shift in accordance with existing licensing requirements, and shall include all facility staff providing resident care and supervision on each shift.
(i)Interior and exterior space shall be available on the facility premises to permit clients to move freely and safely.
(j)For the purpose of using secured perimeters, the licensee shall not be required to obtain a waiver or exception to a regulation that would otherwise prohibit the locking of a perimeter fence or gate.
(k)Except as provided in subdivision (k) of Section 4684.81 of the Welfare and Institutions Code, the state shall not authorize or fund more than a combined total of 150 beds statewide in facilities with secured perimeters under this section and under Section 1267.75. The department shall notify the appropriate fiscal and policy committees of the Legislature through the January and May budget estimates prior to authorizing an increase above a combined total of 100 beds statewide in facilities with secured perimeters under this section and under Section 1267.75.
(1)A minimum of 50 beds shall be available within programs designed for individuals who are designated incompetent to stand trial pursuant to Section 1370.1 of the Penal Code. These beds shall be within facilities that are exclusively used to provide care for individuals who are placed and participating in forensic competency training pursuant to Section 1370.1 of the Penal Code, except as provided in paragraph (2). No more than half of these facilities may have more than six beds and no facility may have more than 15 beds.
(2)When, in the joint determination of the regional center and the facility administrator, an individual would be most appropriately served in a specific program, regardless of whether the facility meets the criteria established in paragraph (1), individuals who are not similarly designated may be placed in the same facility. That placement may occur only when the individuals planning team determines that the placement and the facility plan of operation meet the individuals needs and that placement is not incompatible with the needs and safety of other facility residents.
(l)This section shall become operative only upon the publication in Title 17 of the California Code of Regulations of emergency regulations filed by the State Department of Developmental Services. These regulations shall be developed with stakeholders, including the State Department of Social Services, consumer advocates, and regional centers. The regulations shall establish program standards for homes that include secured perimeters, including requirements and timelines for the completion and updating of a comprehensive assessment of each consumers needs, including the identification through the individual program plan process of the services and supports needed to transition the consumer to a less restrictive living arrangement, and a timeline for identifying or developing those services and supports. The regulations shall establish a statewide limit on the total number of beds in homes with secured perimeters. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare.
SEC. 27.SEC. 29.Section 1534 of the Health and Safety Code, as amended by Section 4 of Chapter 20 of the Statutes of 2015, is amended to read:1534.(a)(1)(A)Except for foster family homes, every licensed community care facility shall be subject to unannounced inspections by the department.
(B)Foster family homes shall be subject to announced inspections by the department, except that a foster family home shall be subject to unannounced inspections in response to a complaint, a plan of correction, or under any of the circumstances set forth in subparagraph (B) of paragraph (2).
(2)(A)The department may inspect these facilities as often as necessary to ensure the quality of care provided.
(B)The department shall conduct an annual unannounced inspection of a facility under any of the following circumstances:
(i)When a license is on probation.
(ii)When the terms of agreement in a facility compliance plan require an annual inspection.
(iii)When an accusation against a licensee is pending.
(iv)When a facility requires an annual inspection as a condition of receiving federal financial participation.
(v)In order to verify that a person who has been ordered out of a facility by the department is no longer at the facility.
(C)(i)The department shall conduct annual unannounced inspections of no less than 20 percent of facilities, except for foster family homes, not subject to an inspection under subparagraph (B).
(ii)The department shall conduct annual announced inspections of no less than 20 percent of foster family homes not subject to an inspection under subparagraph (B).
(iii)These inspections shall be conducted based on a random sampling methodology developed by the department.
(iv)If the total citations issued by the department to facilities exceed the previous years total by 10 percent, the following year the department shall increase the random sample by an additional 10 percent of the facilities not subject to an inspection under subparagraph (B). The department may request additional resources to increase the random sample by 10 percent.
(v)The department shall not inspect a licensed community care facility less often than once every five years.
(3)In order to facilitate direct contact with group home or short-term residential treatment center clients, the department may interview children who are clients of group homes or short-term residential treatment centers at any public agency or private agency at which the client may be found, including, but not limited to, a juvenile hall, recreation or vocational program, or a public or nonpublic school. The department shall respect the rights of the child while conducting the interview, including informing the child that he or she has the right not to be interviewed and the right to have another adult present during the interview.
(4)The department shall notify the community care facility in writing of all deficiencies in its compliance with the provisions of this chapter and the rules and regulations adopted pursuant to this chapter, and shall set a reasonable length of time for compliance by the facility.
(5)Reports on the results of each inspection, evaluation, or consultation shall be kept on file in the department, and all inspection reports, consultation reports, lists of deficiencies, and plans of correction shall be open to public inspection.
(b)(1)This section does not limit the authority of the department to inspect or evaluate a licensed foster family agency, a certified family home, or any aspect of a program in which a licensed community care facility is certifying compliance with licensing requirements.
(2)(A)A foster family agency shall conduct an announced inspection of a certified family home during the annual recertification described in Section 1506 in order to ensure that the certified family home meets all applicable licensing standards. A foster family agency may inspect a certified family home as often as necessary to ensure the quality of care provided.
(B)In addition to the inspections required pursuant to subparagraph (A), a foster family agency shall conduct an unannounced inspection of a certified family home under any of the following circumstances:
(i)When a certified family home is on probation.
(ii)When the terms of the agreement in a facility compliance plan require an annual inspection.
(iii)When an accusation against a certified family home is pending.
(iv)When a certified family home requires an annual inspection as a condition of receiving federal financial participation.
(v)In order to verify that a person who has been ordered out of a certified family home by the department is no longer at the home.
(3)Upon a finding of noncompliance by the department, the department may require a foster family agency to deny or revoke the certificate of approval of a certified family home, or take other action the department may deem necessary for the protection of a child placed with the certified family home. The certified parent or prospective foster parent shall be afforded the due process provided pursuant to this chapter.
(4)If the department requires a foster family agency to deny or revoke the certificate of approval, the department shall serve an order of denial or revocation upon the certified or prospective foster parent and foster family agency that shall notify the certified or prospective foster parent of the basis of the departments action and of the certified or prospective foster parents right to a hearing.
(5)Within 15 days after the department serves an order of denial or revocation, the certified or prospective foster parent may file a written appeal of the departments decision with the department. The departments action shall be final if the certified or prospective foster parent does not file a written appeal within 15 days after the department serves the denial or revocation order.
(6)The departments order of the denial or revocation of the certificate of approval shall remain in effect until the hearing is completed and the director has made a final determination on the merits.
(7)A certified or prospective foster parent who files a written appeal of the departments order with the department pursuant to this section shall, as part of the written request, provide his or her current mailing address. The certified or prospective foster parent shall subsequently notify the department in writing of any change in mailing address, until the hearing process has been completed or terminated.
(8)Hearings held pursuant to this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. In all proceedings conducted in accordance with this section the standard of proof shall be by a preponderance of the evidence.
(9)The department may institute or continue a disciplinary proceeding against a certified or prospective foster parent upon any ground provided by this section or Section 1550, enter an order denying or revoking the certificate of approval, or otherwise take disciplinary action against the certified or prospective foster parent, notwithstanding any resignation, withdrawal of application, surrender of the certificate of approval, or denial or revocation of the certificate of approval by the foster family agency.
(10)A foster family agencys failure to comply with the departments order to deny or revoke the certificate of approval by placing or retaining children in care shall be grounds for disciplining the licensee pursuant to Section 1550.
(c)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 28.SEC. 30.Section 1534 of the Health and Safety Code, as added by Section 5 of Chapter 20 of the Statutes of 2015, is amended to read:1534.(a)(1)(A)Except for foster family homes, every licensed community care facility shall be subject to unannounced inspections by the department.
(B)Foster family homes shall be subject to announced inspections by the department, except that a foster family home shall be subject to unannounced inspections in response to a complaint, a plan of correction, or under any of the circumstances set forth in subparagraph (B) of paragraph (2).
(2)(A)The department may inspect these facilities as often as necessary to ensure the quality of care provided.
(B)The department shall conduct an annual unannounced inspection of a facility under any of the following circumstances:
(i)When a license is on probation.
(ii)When the terms of agreement in a facility compliance plan require an annual inspection.
(iii)When an accusation against a licensee is pending.
(iv)When a facility requires an annual inspection as a condition of receiving federal financial participation.
(v)In order to verify that a person who has been ordered out of a facility by the department is no longer at the facility.
(C)On and after January 1, 2017, and until January 1, 2018, the following shall apply:
(i)Except for foster family homes, the department shall conduct annual unannounced inspections of no less than 30 percent of every licensed community care facility not subject to an inspection under subparagraph (B).
(ii)The department shall conduct annual announced inspections of no less than 30 percent of foster family homes not subject to an inspection under subparagraph (B).
(iii)These inspections shall be conducted based on a random sampling methodology developed by the department.
(iv)The department shall inspect a licensed community care facility at least once every three years.
(D)On and after January 1, 2018, and until January 1, 2019, the following shall apply:
(i)The department shall conduct annual unannounced inspections of no less than 20 percent of adult residential facilities, adult day programs, social rehabilitation facilities, enhanced behavioral support homes for adults, and community crisis homes, as defined in Section 1502, which are not subject to an inspection under subparagraph (B).
(ii)These inspections shall be conducted based on a random sampling methodology developed by the department.
(iii)The department shall inspect an adult residential facility, adult day program, social rehabilitation facility, enhanced behavioral support home for adults, and community crisis home, as defined in Section 1502, at least once every two years.
(E)On and after January 1, 2019, the department shall conduct annual unannounced inspections of all adult residential facilities, adult day programs, social rehabilitation facilities, enhanced behavioral support homes for adults, and community crisis homes, as defined in Section 1502, and adult residential facilities for persons with special health care needs, as defined in Section 4684.50 of the Welfare and Institutions Code.
(F)On and after January 1, 2018, the following shall apply:
(i)Except for foster family homes, the department shall conduct annual unannounced inspections of no less than 20 percent of residential care facilities for children, as defined in Section 1502, including enhanced behavioral support homes for children, transitional housing placement providers, and foster family agencies not subject to an inspection under subparagraph (B).
(ii)The department shall conduct annual announced inspections of no less than 20 percent of foster family homes, as defined in Section 1502, not subject to an inspection under subparagraph (B).
(iii)The inspections in clauses (i) and (ii) shall be conducted based on a random sampling methodology developed by the department.
(iv)The department shall conduct unannounced inspections of residential care facilities for children, as defined in Section 1502, including enhanced behavioral support homes for children, transitional housing placement providers, and foster family agencies, and announced inspections of foster family homes, at least once every two years.
(3)In order to facilitate direct contact with group home or short-term residential treatment center clients, the department may interview children who are clients of group homes or short-term residential treatment centers at any public agency or private agency at which the client may be found, including, but not limited to, a juvenile hall, recreation or vocational program, or a public or nonpublic school. The department shall respect the rights of the child while conducting the interview, including informing the child that he or she has the right not to be interviewed and the right to have another adult present during the interview.
(4)The department shall notify the community care facility in writing of all deficiencies in its compliance with the provisions of this chapter and the rules and regulations adopted pursuant to this chapter, and shall set a reasonable length of time for compliance by the facility.
(5)Reports on the results of each inspection, evaluation, or consultation shall be kept on file in the department, and all inspection reports, consultation reports, lists of deficiencies, and plans of correction shall be open to public inspection.
(b)(1)This section does not limit the authority of the department to inspect or evaluate a licensed foster family agency, a certified family home, or any aspect of a program in which a licensed community care facility is certifying compliance with licensing requirements.
(2)(A)A foster family agency shall conduct an announced inspection of a certified family home during the annual recertification described in Section 1506 in order to ensure that the certified family home meets all applicable licensing standards. A foster family agency may inspect a certified family home as often as necessary to ensure the quality of care provided.
(B)In addition to the inspections required pursuant to subparagraph (A), a foster family agency shall conduct an unannounced inspection of a certified family home under any of the following circumstances:
(i)When a certified family home is on probation.
(ii)When the terms of the agreement in a facility compliance plan require an annual inspection.
(iii)When an accusation against a certified family home is pending.
(iv)When a certified family home requires an annual inspection as a condition of receiving federal financial participation.
(v)In order to verify that a person who has been ordered out of a certified family home by the department is no longer at the home.
(3)Upon a finding of noncompliance by the department, the department may require a foster family agency to deny or revoke the certificate of approval of a certified family home, or take other action the department may deem necessary for the protection of a child placed with the certified family home. The certified parent or prospective foster parent shall be afforded the due process provided pursuant to this chapter.
(4)If the department requires a foster family agency to deny or revoke the certificate of approval, the department shall serve an order of denial or revocation upon the certified or prospective foster parent and foster family agency that shall notify the certified or prospective foster parent of the basis of the departments action and of the certified or prospective foster parents right to a hearing.
(5)Within 15 days after the department serves an order of denial or revocation, the certified or prospective foster parent may file a written appeal of the departments decision with the department. The departments action shall be final if the certified or prospective foster parent does not file a written appeal within 15 days after the department serves the denial or revocation order.
(6)The departments order of the denial or revocation of the certificate of approval shall remain in effect until the hearing is completed and the director has made a final determination on the merits.
(7)A certified or prospective foster parent who files a written appeal of the departments order with the department pursuant to this section shall, as part of the written request, provide his or her current mailing address. The certified or prospective foster parent shall subsequently notify the department in writing of any change in mailing address, until the hearing process has been completed or terminated.
(8)Hearings held pursuant to this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. In all proceedings conducted in accordance with this section the standard of proof shall be by a preponderance of the evidence.
(9)The department may institute or continue a disciplinary proceeding against a certified or prospective foster parent upon any ground provided by this section or Section 1550, enter an order denying or revoking the certificate of approval, or otherwise take disciplinary action against the certified or prospective foster parent, notwithstanding any resignation, withdrawal of application, surrender of the certificate of approval, or denial or revocation of the certificate of approval by the foster family agency.
(10)A foster family agencys failure to comply with the departments order to deny or revoke the certificate of approval by placing or retaining children in care shall be grounds for disciplining the licensee pursuant to Section 1550.
(c)This section shall become operative on January 1, 2017.
SEC. 29.SEC. 31.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, 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.
(b)Subject to subdivision (c), to encourage the recruitment of foster family homes and certified family homes of foster family agencies, protect their personal privacy, and to preserve the security and confidentiality of the placements in the homes, the names, addresses, and other identifying information of facilities licensed as foster family homes and certified family homes of foster family agencies providing 24-hour care for six or fewer children shall be considered personal information for purposes of the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). This information shall not be disclosed by any state or local agency pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), except as necessary for administering the licensing program, facilitating the placement of children in these facilities, and providing names and addresses addresses, upon request, only to bona fide professional foster parent organizations upon request. and to professional organizations educating foster parents, including the Foster and Kinship Care Education Program of the California Community Colleges.
(c)Notwithstanding subdivision (b), the department, a county, or a foster family agency may request information from, or divulge information to, the department, a county, or a foster family agency, regarding a prospective certified parent, foster parent, or relative caregiver for the purpose of, and as necessary to, conduct a reference check to determine whether it is safe and appropriate to license, certify, or approve an applicant to be a certified parent, foster parent, or relative caregiver.
(d)The department may issue a citation and, after the issuance of that citation, may assess a civil penalty of fifty dollars ($50) per day for each instance of a foster family agencys failure to provide the department with the information required by subdivision (h) of Section 88061 of Title 22 of the California Code of Regulations.
(e)The Legislature encourages the department, when funds are available for this purpose, to develop a database that would include all of the following information:
(1)Monthly reports by a foster family agency regarding family homes.
(2)A log of family homes certified and decertified, provided by a foster family agency to the department.
(3)Notification by a foster family agency to the department informing the department of a foster family agencys determination to decertify a certified family home due to any of the following actions by the certified family parent:
(A)Violating licensing rules and regulations.
(B)Aiding, abetting, or permitting the violation of licensing rules and regulations.
(C)Conducting oneself in a way that is inimical to the health, morals, welfare, or safety of a child placed in that certified family home.
(D)Being convicted of a crime while a certified family parent.
(E)Knowingly allowing any child to have illegal drugs or alcohol.
(F)Committing an act of child abuse or neglect or an act of violence against another person.
SEC. 30.SEC. 32.Section 1538.3 of the Health and Safety Code is amended to read:1538.3.A county may develop a cooperative agreement with the department to access disclosable, public record information from an automated system, other than the system described in Section 1538.2, concerning substantiated complaints for all group home or short-term residential treatment centers, as defined by regulations of the department, located within that county. Access to the database may be accomplished through a secure online transaction protocol.
SEC. 31.SEC. 33.Section 1538.5 of the Health and Safety Code is amended to read:1538.5.(a)(1)Not less than 30 days prior to the anniversary of the effective date of a residential community care facility license, except licensed foster family homes, the department may transmit a copy to the board members of the licensed facility, parents, legal guardians, conservators, clients rights advocates, or placement agencies, as designated in each residents placement agreement, of all inspection reports given to the facility by the department during the past year as a result of a substantiated complaint regarding a violation of this chapter relating to resident abuse and neglect, food, sanitation, incidental medical care, and residential supervision. During that one-year period the copy of the notices transmitted and the proof of the transmittal shall be open for public inspection.
(2)The department may transmit copies of the inspection reports referred to in paragraph (1) concerning a group home or short-term residential treatment center, as defined by regulations of the department, to the county in which the group home or short-term residential treatment center is located, if requested by that county.
(3)A group home or short-term residential treatment center shall maintain, at the facility, a copy of all licensing reports for the past three years that would be accessible to the public through the department, for inspection by placement officials, current and prospective facility clients, and these clients family members who visit the facility.
(b)The facility operator, at the expense of the facility, shall transmit a copy of all substantiated complaints, by certified mail, to those persons described pursuant to paragraph (1) of subdivision (a) in the following cases:
(1)In the case of a substantiated complaint relating to resident physical or sexual abuse, the facility shall have three days from the date the facility receives the licensing report from the department to comply.
(2)In the case in which a facility has received three or more substantiated complaints relating to the same violation during the past 12 months, the facility shall have five days from the date the facility receives the licensing report to comply.
(c)A residential facility shall retain a copy of the notices transmitted pursuant to subdivision (b) and proof of their transmittal by certified mail for a period of one year after their transmittal.
(d)If a residential facility to which this section applies fails to comply with this section, as determined by the department, the department shall initiate civil penalty action against the facility in accordance with this article and the related rules and regulations.
(e)Not less than 30 days prior to the anniversary of the effective date of the license of any group home or short-term residential treatment center, as defined by regulations of the department, at the request of the county in which the group home or short-term residential treatment center is located, a group home or short-term residential treatment center shall transmit to the county a copy of all incident reports prepared by the group home or short-term residential treatment center and transmitted to a placement agency, as described in subdivision (f) of Section 1536.1, in a county other than the county in which the group home or short-term residential treatment center is located that involved a response by local law enforcement or emergency services personnel, including runaway incidents. The county shall designate an official for the receipt of the incident reports and shall notify the group home or short-term residential treatment center of the designation. Prior to transmitting copies of incident reports to the county, the group home or short-term residential treatment center shall redact the name of any child referenced in the incident reports, and other identifying information regarding any child referenced in the reports. The county may review the incident reports to ensure that the group home or short-term residential treatment center has taken appropriate action to ensure the health and safety of the residents of the facility.
(f)The department shall notify the residential community care facility of its obligation when it is required to comply with this section.
SEC. 32.SEC. 34.Section 1538.6 of the Health and Safety Code is amended to read:1538.6.(a)When the department periodically reviews the record of substantiated complaints against each group home or short-term residential treatment center, pursuant to its oversight role as prescribed by Section 1534, to determine whether the nature, number, and severity of incidents upon which complaints were based constitute a basis for concern as to whether the provider is capable of effectively and efficiently operating the program, and if the department determines that there is cause for concern, it may contact the county in which a group home or short-term residential treatment center is located and placement agencies in other counties using the group home or short-term residential treatment center, and request their recommendations as to what action, if any, the department should take with regard to the providers status as a licensed group home or short-term residential treatment center provider.
(b)It is the intent of the Legislature that the department make every effort to communicate with the county in which a group home or short-term residential treatment center is located when the department has concerns about group homes or short-term residential treatment centers within that county.
SEC. 33.SEC. 35.Section 1538.7 of the Health and Safety Code is amended to read:1538.7.(a)A group home, transitional housing placement provider, community treatment facility, runaway and homeless youth shelter, or short-term residential treatment center shall report to the departments Community Care Licensing Division upon the occurrence of any incident concerning a child in the facility involving contact with law enforcement. At least every six months, the facility shall provide a followup report for each incident, including the type of incident, whether the incident involved an alleged violation of any crime described in Section 602 of the Welfare and Institutions Code by a child residing in the facility; whether staff, children, or both were involved; the gender, race, ethnicity, and age of children involved; and the outcomes, including arrests, removals of children from placement, or termination or suspension of staff.
(b)(1)If the department determines that, based on the licensed capacity, a facility has reported, pursuant to subdivision (a), a greater than average number of law enforcement contacts involving an alleged violation of any crime described in Section 602 of the Welfare and Institutions Code by a child residing in the facility, the department shall inspect the facility at least once a year.
(2)An inspection conducted pursuant to paragraph (1) does not constitute an unannounced inspection required pursuant to Section 1534.
(c)If an inspection is required pursuant to subdivision (b), the Community Care Licensing Division shall provide the report to the departments Children and Family Services Division and to any other public agency that has certified the facilitys program or any component of the facilitys program including, but not limited to, the State Department of Health Care Services, which certifies group homes or short-term residential treatment centers pursuant to Section 4096.5 of the Welfare and Institutions Code.
SEC. 34.SEC. 36.Section 1548 of the Health and Safety Code, as added by Section 2 of Chapter 813 of the Statutes of 2014, is amended to read:1548.(a)In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department may levy a civil penalty.
(b)The amount of the civil penalty shall not be less than twenty-five dollars ($25) or more than fifty dollars ($50) per day for each violation of this chapter except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. In no event, shall a civil penalty assessment exceed one hundred fifty dollars ($150) per day per violation.
(c)Notwithstanding Section 1534, the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations:
(1)(A)Fire clearance violations, including, but not limited to, overcapacity, ambulatory status, inoperable smoke alarms, and inoperable fire alarm systems. The civil penalty shall not be assessed if the licensee has done either of the following:
(i)Requested the appropriate fire clearance based on ambulatory, nonambulatory, or bedridden status, and the decision is pending.
(ii)Initiated eviction proceedings.
(B)A licensee denied a clearance for bedridden residents may appeal to the fire authority, and, if that appeal is denied, may subsequently appeal to the Office of the State Fire Marshal, and shall not be assessed an immediate civil penalty until the final appeal is decided, or after 60 days has passed from the date of the citation, whichever is earlier.
(2)Absence of supervision, as required by statute or regulation.
(3)Accessible bodies of water when prohibited in this chapter or regulations adopted pursuant to this chapter.
(4)Accessible firearms, ammunition, or both.
(5)Refused entry to a facility or any part of a facility in violation of Section 1533, 1534, or 1538.
(6)The presence of an excluded person on the premises.
(d)(1)For a violation that the department determines resulted in the death of a resident at an adult residential facility, social rehabilitation facility, enhanced behavioral supports home, or community crisis home, the civil penalty shall be fifteen thousand dollars ($15,000).
(2)For a violation that the department determines resulted in the death of a person receiving care at an adult day program, the civil penalty shall be assessed as follows:
(A)Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensees facilities, to care for 50 or less persons.
(B)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for more than 50 persons.
(3)For a violation that the department determines resulted in the death of a person receiving care at a therapeutic day services facility, foster family agency, community treatment facility, full-service adoption agency, noncustodial adoption agency, transitional shelter care facility, transitional housing placement provider, group home, or short-term residential treatment center, the civil penalty shall be assessed as follows:
(A)Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensees facilities, to care for 40 or less children.
(B)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for 41 to 100, inclusive, children.
(C)Fifteen thousand dollars ($15,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(4)For a violation that the department determines resulted in the death of a resident at a runaway and homeless youth shelter, the civil penalty shall be five thousand dollars ($5,000).
(e)(1)(A)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident at an adult residential facility, social rehabilitation facility, enhanced behavioral supports home, or community crisis home, the civil penalty shall be ten thousand dollars ($10,000).
(B)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a person receiving care at an adult day program, the civil penalty shall be assessed as follows:
(i)Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensees facilities, to care for 50 or less persons.
(ii)Five thousand dollars ($5,000) for a licensee licensed, among all of the licensees facilities, to care for more than 50 persons.
(C)For a violation that the department determines constitutes physical abuse, as defined in paragraph (2), or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a person receiving care at a therapeutic day services facility, foster family agency, community treatment facility, full-service adoption agency, noncustodial adoption agency, transitional shelter care facility, transitional housing placement provider, group home, or short-term residential treatment center, the civil penalty shall be assessed as follows:
(i)Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensees facilities, to care for 40 or less children.
(ii)Five thousand dollars ($5,000) for a licensee licensed, among all of the licensees facilities, to care for 41 to 100, inclusive, children.
(iii)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(D)For a violation that the department determines constitutes physical abuse, as defined in paragraph (2), or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident at a runaway and homeless youth shelter, the civil penalty shall be one thousand dollars ($1,000).
(2)For purposes of subparagraphs (C) and (D), physical abuse includes physical injury inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165.1 of the Penal Code, neglect as defined in Section 11165.2 of the Penal Code, or unlawful corporal punishment or injury as defined in Section 11165.4 of the Penal Code when the person responsible for the childs welfare is a licensee, administrator, or employee of any facility licensed to care for children.
(f)Prior to the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the director.
(g)Notwithstanding Section 1534, any facility that is cited for repeating the same violation of this chapter within 12 months of the first violation is subject to an immediate civil penalty of one hundred fifty dollars ($150) and fifty dollars ($50) for each day the violation continues until the deficiency is corrected.
(h)Any facility that is assessed a civil penalty pursuant to subdivision (g) that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) is subject to an immediate civil penalty of one hundred fifty dollars ($150) for each day the violation continues until the deficiency is corrected.
(i)(1)The department shall adopt regulations setting forth the appeal procedures for deficiencies.
(2)A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 10 days of receipt of the notice of a civil penalty assessment and shall provide all supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. If the regional manager determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the regional managers decision within 60 days of the request to review the assessment of the civil penalty.
(3)The licensee may further appeal to the program administrator of the Community Care Licensing Division within 10 days of receipt of the notice of the regional managers decision and shall provide all supporting documentation at that time. If the program administrator determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the program administrators decision within 60 days of the request to review the regional managers decision.
(4)The licensee may further appeal to the deputy director of the Community Care Licensing Division within 10 days of receipt of the notice of the program directors decision and shall provide all supporting documentation at that time. If the deputy director determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the deputy directors decision within 60 days of the request to review the program administrators decision.
(5)Upon exhausting the deputy director review, a licensee may appeal a civil penalty assessed pursuant to subdivision (d) or (e) to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.
(6)If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.
(j)The department shall adopt regulations implementing this section.
(k)The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by the act that added this subdivision.
(l)As provided in Section 11466.31 of the Welfare and Institutions Code, the department may offset civil penalties owed by a group home or short-term residential treatment center against moneys to be paid by a county for the care of minors after the group home or short-term residential treatment center has exhausted its appeal of the civil penalty assessment. The department shall provide the group home or short-term residential treatment center a reasonable opportunity to pay the civil penalty before instituting the offset provision.
(m)This section shall become operative on July 1, 2015.
SEC. 35.SEC. 37.Section 1562 of the Health and Safety Code is amended to read:1562.(a)The department shall ensure that operators and staffs of community care facilities have appropriate training to provide the care and services for which a license or certificate is issued. The section shall not apply to a facility licensed as an Adult Residential Facility for Persons with Special Health Care Needs pursuant to Article 9 (commencing with Section 1567.50).
(b)It is the intent of the Legislature that children in foster care reside in the least restrictive, family-based settings that can meet their needs, and that group homes and short-term residential treatment centers will be used only for short-term, specialized, and intensive treatment purposes that are consistent with a case plan that is determined by a childs best interests. Accordingly, the Legislature encourages the department to adopt policies, practices, and guidance that ensure that the education, qualification, and training requirements for child care staff in group homes and short-term residential treatment centers are consistent with the intended role of group homes and short-term residential treatment centers to provide short-term, specialized, and intensive treatment, with a particular focus on crisis intervention, behavioral stabilization, and other treatment-related goals, as well as the connections between those efforts and work toward permanency for children.
(c)(1)Each person employed as a facility manager or staff member of a group home or short-term residential treatment center, as defined in paragraphs (13) and (18) of subdivision (a) of Section 1502, who provides direct care and supervision to children and youth residing in the group home or short-term residential treatment center shall be at least 21 years of age.
(2)Paragraph (1) shall not apply to a facility manager or staff member employed at the group home before October 1, 2014.
(3)For purposes of this subdivision, group home does not include a runaway and homeless youth shelter.
SEC. 36.SEC. 38.Section 1562.01 is added to the Health and Safety Code, to read:1562.01.(a)Commencing January 1, 2017, the The department shall license short-term residential treatment centers, as defined in paragraph (18) of subdivision (a) of Section 1502, pursuant to this chapter. The department may license a facility as a short-term residential treatment center prior to January 1, 2017. A short-term residential treatment center shall comply with all requirements of this chapter that are applicable to group homes and to the requirements of this section.
(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 (5) of subdivision (b) of Section 11462 of the Welfare and Institutions Code.
(2)Notwithstanding paragraph (1), the department may issue a provisional license to a short-term residential treatment center and may extend the term of the provisional license not to exceed two years in order for the short-term residential treatment center to secure accreditation as set forth in subdivision (a) of Section 1520.1.
(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 centers 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, on and after January 1, 2017, 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 serviced served by the short-term residential treatment center, in collaboration with 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 includes, but is include, but are not limited to, a description of the services to be provided to meet the treatment needs of the child as assessed, on and after January 1, 2017, pursuant to subdivision (d) or (e) of Section 11462.01 of the Welfare and Institutions Code, the anticipated duration of the treatment 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.
(iv)
(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 on and after January 1, 2017, in subdivision (g) of Section 11462.02 of the Welfare and Institutions Code.
(f)The department shall establish procedures for a county letter of support process review process, at the countys option, for short-term residential treatment centers, which may include the review of the short-term residential treatment centers program statement, pursuant to paragraph (1), 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 child care 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 development, including sexual orientation, gender identity, and gender expression.
(B)The effects of trauma, including grief and loss, and child abuse or 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, 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 as including children, including the role of the caregiver in supporting culturally appropriate child centered practice practices that respects respect Native American Indian history, culture, and retention of tribal membership membership, and connection to the tribal community. 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)Preparation of children for a successful transition to adulthood including, but not limited to, emancipation and independent living skills.
(M)Best practices for providing care and supervision to nonminor dependents.
(N)Health issues in foster care, including, but not limited to, the authorization, uses, risks, benefits, assistance with self-administration, oversight, and monitoring of psychotropic medications, and trauma, mental health, and substance use disorder treatments for children in foster care under the jurisdiction of the juvenile court, including how to access those treatments. care.
(O)De-escalation, crisis intervention, and positive behavior management techniques.
(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 on and after January 1, 2017, pursuant to subdivision (c) of Section 11462 of the Welfare and Institutions Code.
SEC. 37.SEC. 39.Section 1562.35 of the Health and Safety Code is amended to read:1562.35.Notwithstanding any law to the contrary, including, but not limited to Section 1562.3, vendors approved by the department who exclusively provide either initial or continuing education courses for certification of administrators of an adult residential facility as defined by the department, a group home facility as defined by the department, a short-term residential treatment center as defined by the department, or a residential care facility for the elderly as defined in subdivision (k) of Section 1569.2, shall be regulated solely by the department pursuant to this chapter. No other state or local governmental entity shall be responsible for regulating the activity of those vendors.
SEC. 38.SEC. 40.Section 1563 of the Health and Safety Code is amended to read:1563.(a)The department shall ensure that licensing personnel at the department have appropriate training to properly carry out this chapter.
(b)The department shall institute a staff development and training program to develop among departmental staff the knowledge and understanding necessary to successfully carry out this chapter. Specifically, the program shall do all of the following:
(1)Provide staff with 36 hours of training per year that reflects the needs of persons served by community care facilities. This training shall, where appropriate, include specialized instruction in the needs of foster children, persons with mental disorders, or developmental or physical disabilities, or other groups served by specialized community care facilities.
(2)Give priority to applications for employment from persons with experience as care providers to persons served by community care facilities.
(3)Provide new staff with comprehensive training within the first six months of employment. This comprehensive training shall, at a minimum, include the following core areas: administrative action process, client populations, conducting facility visits, cultural awareness, documentation skills, facility operations, human relation skills, interviewing techniques, investigation processes, and regulation administration.
(c)In addition to the requirements in subdivision (b), group home, short-term residential treatment center, and foster family agency licensing personnel shall receive a minimum of 24 hours of training per year to increase their understanding of children in group homes, short-term residential treatment centers, certified homes, and foster family homes. The training shall cover, but not be limited to, all of the following topics:
(1)The types and characteristics of emotionally troubled children.
(2)The high-risk behaviors they exhibit.
(3)The biological, psychological, interpersonal, and social contributors to these behaviors.
(4)The range of management and treatment interventions utilized for these children, including, but not limited to, nonviolent, emergency intervention techniques.
(5)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(d)The training described in subdivisions (b) and (c) may include the following topics:
(1)An overview of the child protective and probation systems.
(2)The effects of trauma, including grief and loss, and child abuse or neglect on child development and behavior, and methods to behaviorally support children impacted by that trauma. trauma or child abuse and neglect.
(3)Positive discipline, discipline and the importance of self-esteem, and interpersonal skills. self-esteem.
(4)Health issues in foster care, including, but not limited to, the authorization, uses, risks, benefits, assistance with self-administration, oversight, and monitoring of psychotropic medications, and trauma, mental health, and substance use disorder treatments for children in foster care under the jurisdiction of the juvenile court, including how to access those treatments.
(5)Accessing education, the services and supports available to foster children to address educational needs, physical, mental, and behavioral health, and mental health and substance use disorder treatment services available to foster children. disorders, and culturally relevant services.
(6)Cultural needs of children, including, but not limited to, instruction Instruction on cultural competency and respect relating to, and sensitivity and related best practices for, providing adequate care to for children across diverse ethnic and racial backgrounds, as well as for children identifying as lesbian, gay, bisexual, and transgender youth in out-of-home care. transgender.
(7)Understanding how to use best practices for providing care and supervision to commercially sexually exploited children.
(8)Understanding the federal Indian Child Welfare Act, 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 those 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.
(9)Understanding how to use best practices for providing care and supervision to nonminor dependents.
(10)Understanding how to use best practices for providing care and supervision to children with special health care needs.
(9)
(11)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.
(10)Permanence and well-being
(12)Permanence, well-being, and educational needs of children.
(11)
(13)Child and adolescent development and development, including sexual orientation, gender identify, identity, and gender expression.
(12)
(14)The role of foster parents, including working cooperatively with the child welfare or probation agency, the childs family, and other service providers implementing the case plan.
(13)
(15)A foster parents responsibility to act as a reasonable and prudent parent; parent, and to provide a family setting that promotes normal childhood experiences and that serves that serve the needs of the child.
(14)Preparation of children for a successful transition to adulthood.
(15)De-escalation, crisis intervention, and positive behavior management techniques.
(16)Physical and psychosocial needs of children, including behavior management, deescalation techniques, and trauma informed crisis management planning.
SEC. 39.SEC. 41.Section 1567.4 of the Health and Safety Code is amended to read:1567.4.The State Department of Social Services shall provide, at cost, quarterly to each county and to each city, upon the request of the county or city, and to the chief probation officer of each county and city and county, a roster of all community care facilities licensed as small family homes, short-term residential treatment centers, or group homes located in the county, which provide services to wards of the juvenile court, including information as to whether each facility is licensed by the state or the county, the type of facility, and the licensed bed capacity of each such facility. Information concerning the facility shall be limited to that available through the computer system of the State Department of Social Services.
SEC. 42.Section 11105.08 of the Penal Code is amended to read:11105.08.(a)Notwithstanding any other law, a tribal child welfare agency may request from the Department of Justice state and federal level summary criminal history information for the purpose of approving a tribal home for the placement of an Indian child into foster or adoptive care.
(b)A tribal child welfare agency shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice of an individual applying with the tribal agency as a prospective foster parent, parent or adoptive parent, any adult who resides or is employed in the home of an applicant, any person who has a familial or intimate relationship with any person living in the home of an applicant, or employee of the child welfare agency who may have contact with a child, 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 and also 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 released on bail or on his or her own recognizance pending trial or appeal.
(c)Upon receipt of a request for federal summary criminal history information received pursuant to this section, the Department of Justice shall forward the request to the Federal Bureau of Investigation. The Department of Justice shall review the information returned from the Federal Bureau of Investigation and compile and disseminate a response to the requesting tribal child welfare agency.
(d)The Department of Justice shall provide a state and federal level response to a tribal child welfare agency pursuant to subdivision (m) of Section 11105 of the Penal Code.
(e)A child welfare tribal agency shall request from the Department of Justice subsequent notification service pursuant to Section 11105.2 of the Penal Code for persons described in paragraph (b).
(f)The Department of Justice may charge a fee sufficient to cover the reasonable and appropriate costs of processing the request pursuant to this section.
(g)As used in this section a tribal child welfare agency means an entity designated by a federally recognized tribe as authorized to approve a home consistent with the federal Indian Child Welfare Act (25 U.S.C. 1903 et seq.), for the purpose of placement of an Indian child into foster or adoptive care, including the authority to conduct a criminal or child abuse background check of of, and grant exemptions to, an individual who is a prospective foster parent or adoptive parent, an adult who resides or is employed in the home of an applicant for approval, any person who has a familial or intimate relationship with any person living in the home of an applicant, or an employee of a tribal child welfare agency who may have contact with a child.
SEC. 40.SEC. 43.Section 11105.2 of the Penal Code is amended to read:11105.2.(a)The Department of Justice may provide subsequent state or federal arrest or disposition notification to any entity authorized by state or federal law to receive state or federal summary criminal history information to assist in fulfilling employment, licensing, certification duties, or the duties of approving relative caregivers, nonrelative extended family members, and resource families upon the arrest or disposition of any person whose fingerprints are maintained on file at the Department of Justice or the Federal Bureau of Investigation as the result of an application for licensing, employment, certification, or approval. Nothing in this section shall authorize the notification of a subsequent disposition pertaining to a disposition that does not result in a conviction, unless the department has previously received notification of the arrest and has previously lawfully notified a receiving entity of the pending status of that arrest. When the department supplies subsequent arrest or disposition notification to a receiving entity, the entity shall, at the same time, expeditiously furnish a copy of the information to the person to whom it relates if the information is a basis for an adverse employment, licensing, or certification decision. When furnished other than in person, the copy shall be delivered to the last contact information provided by the applicant.
(b)For purposes of this section, approval means those duties described in subdivision (d) of Section 309 of the Welfare and Institutions Code for approving the home of a relative caregiver or of a nonrelative extended family member for placement of a child supervised by the juvenile court, and those duties in Section 16519.5 of the Welfare and Institutions Code for resource families.
(c)Any entity, other than a law enforcement agency employing peace officers as defined in Section 830.1, subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section 830.3, subdivisions (a) and (b) of Section 830.5, and subdivision (a) of Section 830.31, shall enter into a contract with the Department of Justice in order to receive notification of subsequent state or federal arrests or dispositions for licensing, employment, or certification purposes.
(d)Any entity that submits the fingerprints of applicants for licensing, employment, certification, or approval to the Department of Justice for the purpose of establishing a record of the applicant to receive notification of subsequent state or federal arrests or dispositions shall immediately notify the department when the employment of the applicant is terminated, when the applicants license or certificate is revoked, when the applicant may no longer renew or reinstate the license or certificate, or when a relative caregivers or nonrelative extended family members approval is terminated. The Department of Justice shall terminate state or federal subsequent notification on any applicant upon the request of the licensing, employment, certifying, or approving authority.
(e)Any entity that receives a notification of a state or federal subsequent arrest or disposition for a person unknown to the entity, or for a person no longer employed by the entity, or no longer eligible to renew the certificate or license for which subsequent notification service was established shall immediately return the subsequent notification to the Department of Justice, informing the department that the entity is no longer interested in the applicant. The entity shall not record or otherwise retain any information received as a result of the subsequent notice.
(f)Any entity that submits the fingerprints of an applicant for employment, licensing, certification, or approval to the Department of Justice for the purpose of establishing a record at the department or the Federal Bureau of Investigation to receive notification of subsequent arrest or disposition shall immediately notify the department if the applicant is not subsequently employed, or if the applicant is denied licensing certification, or approval.
(g)An entity that fails to provide the Department of Justice with notification as set forth in subdivisions (c), (d), and (e) may be denied further subsequent notification service.
(h)Notwithstanding subdivisions (c), (d), and (f), subsequent notification by the Department of Justice and retention by the employing agency shall continue as to retired peace officers listed in subdivision (c) of Section 830.5.
SEC. 41.SEC. 44.Section 11105.3 of the Penal Code is amended to read:11105.3.(a)Notwithstanding any other law, a human resource agency or an employer may request from the Department of Justice records of all convictions or any arrest pending adjudication involving the offenses specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code of a person who applies for a license, employment, or volunteer position, in which he or she would have supervisory or disciplinary power over a minor or any person under his or her care. The department shall furnish the information to the requesting employer and shall also send a copy of the information to the applicant.
(b)Any request for records under subdivision (a) shall include the applicants fingerprints, which may be taken by the requester, and any other data specified by the department. The request shall be on a form approved by the department, and the department may charge a fee to be paid by the employer, human resource agency, or applicant for the actual cost of processing the request. However, no fee shall be charged to a nonprofit organization. Requests received by the department for federal level criminal offender record information shall be forwarded to the Federal Bureau of Investigation by the department to be searched for any record of arrests or convictions.
(c)(1)When a request pursuant to this section reveals that a prospective employee or volunteer has been convicted of a violation or attempted violation of Section 220, 261.5, 262, 273a, 273d, or 273.5, or any sex offense listed in Section 290, except for the offense specified in subdivision (d) of Section 243.4, and where the agency or employer hires the prospective employee or volunteer, the agency or employer shall notify the parents or guardians of any minor who will be supervised or disciplined by the employee or volunteer. A conviction for a violation or attempted violation of an offense committed outside the State of California shall be included in this notice if the offense would have been a crime specified in this subdivision if committed in California. The notice shall be given to the parents or guardians with whom the child resides, and shall be given at least 10 days prior to the day that the employee or volunteer begins his or her duties or tasks. Notwithstanding any other law, any person who conveys or receives information in good faith and in conformity with this section is exempt from prosecution under Section 11142 or 11143 for that conveying or receiving of information. Notwithstanding subdivision (d), the notification requirements of this subdivision shall apply as an additional requirement of any other provision of law requiring criminal record access or dissemination of criminal history information.
(2)The notification requirement pursuant to paragraph (1) shall not apply to a misdemeanor conviction for violating Section 261.5 or to a conviction for violating Section 262 or 273.5. Nothing in this paragraph shall preclude an employer from requesting records of convictions for violating Section 261.5, 262, or 273.5 from the Department of Justice pursuant to this section.
(d)Nothing in this section supersedes any law requiring criminal record access or dissemination of criminal history information. In any conflict with another statute, dissemination of criminal history information shall be pursuant to the mandatory statute. This subdivision applies to, but is not limited to, requirements pursuant to Article 1 (commencing with Section 1500) of Chapter 3 of, and Chapter 3.2 (commencing with Section 1569) and Chapter 3.4 (commencing with Section 1596.70) of, Division 2 of, and Section 1522 of, the Health and Safety Code, and Sections 8712, 8811, and 8908 of the Family Code, and Section 16519.5 of the Welfare and Institutions Code.
(e)The department may adopt regulations to implement the provisions of this section as necessary.
(f)As used in this section, employer means any nonprofit corporation or other organization specified by the Attorney General that employs or uses the services of volunteers in positions in which the volunteer or employee has supervisory or disciplinary power over a child or children.
(g)As used in this section, human resource agency means a public or private entity, excluding any agency responsible for licensing of facilities pursuant to the California Community Care Facilities Act (Chapter 3 (commencing with Section 1500)), the California Residential Care Facilities for the Elderly Act (Chapter 3.2 (commencing with Section 1569)), Chapter 3.01 (commencing with Section 1568.01), and the California Child Day Care Facilities Act (Chapter 3.4 (commencing with Section 1596.70)) of Division 2 of the Health and Safety Code, responsible for determining the character and fitness of a person who is:
(1)Applying for a license, employment, or as a volunteer within the human services field that involves the care and security of children, the elderly, the handicapped, or the mentally impaired.
(2)Applying to be a volunteer who transports individuals impaired by drugs or alcohol.
(3)Applying to adopt a child or to be a foster parent.
(h)Except as provided in subdivision (c), any criminal history information obtained pursuant to this section is confidential and no recipient shall disclose its contents other than for the purpose for which it was acquired.
(i)As used in this subdivision, community youth athletic program means an employer having as its primary purpose the promotion or provision of athletic activities for youth under 18 years of age.
(j)A community youth athletic program, as defined in subdivision (i), may request state and federal level criminal history information pursuant to subdivision (a) for a volunteer coach or hired coach candidate. The director of the community youth athletic program shall be the custodian of records.
(k)The community youth athletic program may request from the Department of Justice subsequent arrest notification service, as provided in Section 11105.2, for a volunteer coach or a hired coach candidate.
(l)Compliance with this section does not remove or limit the liability of a mandated reporter pursuant to Section 11166.
SEC. 45.Section 11170 of the Penal Code is amended to read:11170.(a)(1)The Department of Justice shall maintain an index of all reports of child abuse and severe neglect submitted pursuant to Section 11169. The index shall be continually updated by the department and shall not contain any reports that are determined to be not substantiated. The department may adopt rules governing recordkeeping and reporting pursuant to this article.
(2)The department shall act only as a repository of reports of suspected child abuse and severe neglect to be maintained in the Child Abuse Central Index (CACI) pursuant to paragraph (1). The submitting agencies are responsible for the accuracy, completeness, and retention of the reports described in this section. The department shall be responsible for ensuring that the CACI accurately reflects the report it receives from the submitting agency.
(3)Only information from reports that are reported as substantiated shall be filed pursuant to paragraph (1), and all other determinations shall be removed from the central list. If a person listed in the CACI was under 18 years of age at the time of the report, the information shall be deleted from the CACI 10 years from the date of the incident resulting in the CACI listing, if no subsequent report concerning the same person is received during that time period.
(b)The provisions of subdivision (c) of Section 11169 apply to any information provided pursuant to this subdivision.
(1)The Department of Justice shall immediately notify an agency that submits a report pursuant to Section 11169, or a prosecutor who requests notification, of any information maintained pursuant to subdivision (a) that is relevant to the known or suspected instance of child abuse or severe neglect reported by the agency. The agency shall make that information available to the reporting health care practitioner who is treating a person reported as a possible victim of known or suspected child abuse. The agency shall make that information available to the reporting child custodian, Child Abuse Prevention and Treatment Act guardian ad litem appointed under Rule 5.662 of the California Rules of Court, or counsel appointed under Section 317 or 318 of the Welfare and Institutions Code, or the appropriate licensing agency, if he or she or the licensing agency is handling or investigating a case of known or suspected child abuse or severe neglect.
(2)When a report is made pursuant to subdivision (a) of Section 11166, or Section 11166.05, the investigating agency, upon completion of the investigation or after there has been a final disposition in the matter, shall inform the person required or authorized to report of the results of the investigation and of any action the agency is taking with regard to the child or family.
(3)The Department of Justice shall make relevant information from the CACI available to a law enforcement agency, county welfare department, tribal agency pursuant to Section 10553.12 of the Welfare and Institutions Code, or county probation department that is conducting a child abuse investigation.
(4)The department shall make available to the State Department of Social Services, or to any county licensing agency that has contracted with the state for the performance of licensing duties, or to a tribal court or tribal child welfare agency of a tribe, consortium of tribes, or tribal organization that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code, information regarding a known or suspected child abuser maintained pursuant to this section and subdivision (a) of Section 11169 concerning any person who is an applicant for licensure or approval, or any adult who resides or is employed in the home of an applicant for licensure or approval, or who is an applicant for employment in a position having supervisorial or disciplinary power over a child or children, or who will provide 24-hour care for a child or children in a residential home or facility, pursuant to Section 1522.1 or 1596.877 of the Health and Safety Code, or Section 8714, 8802, 8912, or 9000 of the Family Code, or Section 11403.2 of the Welfare and Institutions Code.
(5)The Department of Justice shall make available to a Court Appointed Special Advocate program that is conducting a background investigation of an applicant seeking employment with the program or a volunteer position as a Court Appointed Special Advocate, as defined in Section 101 of the Welfare and Institutions Code, information contained in the index regarding known or suspected child abuse by the applicant.
(6)For purposes of child death review, the Department of Justice shall make available to the chairperson, or the chairpersons designee, for each county child death review team, or the State Child Death Review Council, information for investigative purposes only that is maintained in the CACI pursuant to subdivision (a) relating to the death of one or more children and any prior child abuse or neglect investigation reports maintained involving the same victims, siblings, or suspects. Local child death review teams may share any relevant information regarding case reviews involving child death with other child death review teams.
(7)The department shall make available to investigative agencies or probation officers, or court investigators acting pursuant to Section 1513 of the Probate Code, responsible for placing children or assessing the possible placement of children pursuant to Article 6 (commencing with Section 300), Article 7 (commencing with Section 305), Article 10 (commencing with Section 360), or Article 14 (commencing with Section 601) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, or Article 2 (commencing with Section 1510) or Article 3 (commencing with Section 1540) of Chapter 1 of Part 2 of Division 4 of the Probate Code, information regarding a known or suspected child abuser contained in the index concerning any adult residing in the home where the child may be placed, when this information is requested for purposes of ensuring that the placement is in the best interest of the child. Upon receipt of relevant information concerning child abuse or neglect investigation reports contained in the CACI from the Department of Justice pursuant to this subdivision, the agency or court investigator shall notify, in writing, the person listed in the CACI that he or she is in the index. The notification shall include the name of the reporting agency and the date of the report.
(8)Pursuant to Section 10553.12 of the Welfare and Institutions Code, the department shall make available to a tribal child welfare agency information regarding a known or suspected child abuser maintained pursuant to this section or subdivision (a) of Section 11169 who is being considered as a prospective foster parent or adoptive parent, an adult who resides or is employed in the home of an applicant for approval, any person who has a familial or intimate relationship with any person living in the home of an applicant, or an employee of the tribal child welfare agency who may have contact with children.
(9)The Department of Justice shall make available to a government agency conducting a background investigation pursuant to Section 1031 of the Government Code of an applicant seeking employment as a peace officer, as defined in Section 830, information regarding a known or suspected child abuser maintained pursuant to this section concerning the applicant.
(10)The Department of Justice shall make available to a county child welfare agency or delegated county adoption agency, as defined in Section 8515 of the Family Code, conducting a background investigation, or a government agency conducting a background investigation on behalf of one of those agencies, information regarding a known or suspected child abuser maintained pursuant to this section and subdivision (a) of Section 11169 concerning any applicant seeking employment or volunteer status with the agency who, in the course of his or her employment or volunteer work, will have direct contact with children who are alleged to have been, are at risk of, or have suffered, abuse or neglect.
(11)(A)Persons or agencies, as specified in subdivision (b), if investigating a case of known or suspected child abuse or neglect, or the State Department of Social Services or any county licensing agency pursuant to paragraph (4), or a Court Appointed Special Advocate (CASA) program conducting a background investigation for employment or volunteer candidates pursuant to paragraph (5), or an investigative agency, probation officer, or court investigator responsible for placing children or assessing the possible placement of children pursuant to paragraph (7), or a government agency conducting a background investigation of an applicant seeking employment as a peace officer pursuant to paragraph (9), or a county child welfare agency or delegated county adoption agency conducting a background investigation of an applicant seeking employment or volunteer status who, in the course of his or her employment or volunteer work, will have direct contact with children who are alleged to have been, are at risk of, or have suffered, abuse or neglect, pursuant to paragraph (10), to whom disclosure of any information maintained pursuant to subdivision (a) is authorized, are responsible for obtaining the original investigative report from the reporting agency, and for drawing independent conclusions regarding the quality of the evidence disclosed, and its sufficiency for making decisions regarding investigation, prosecution, licensing, placement of a child, employment or volunteer positions with a CASA program, or employment as a peace officer.
(B)If CACI information is requested by an agency for the temporary placement of a child in an emergency situation pursuant to Article 7 (commencing with Section 305) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, the department is exempt from the requirements of Section 1798.18 of the Civil Code if compliance would cause a delay in providing an expedited response to the agencys inquiry and if further delay in placement may be detrimental to the child.
(12)(A)Whenever information contained in the Department of Justice files is furnished as the result of an application for employment or licensing or volunteer status pursuant to paragraph (4), (5), (8), (9), or (10), the Department of Justice may charge the person or entity making the request a fee. The fee shall not exceed the reasonable costs to the department of providing the information. The only increase shall be at a rate not to exceed the legislatively approved cost-of-living adjustment for the department. In no case shall the fee exceed fifteen dollars ($15).
(B)All moneys received by the department pursuant to this section to process trustline applications for purposes of Chapter 3.35 (commencing with Section 1596.60) of Division 2 of the Health and Safety Code shall be deposited in a special account in the General Fund that is hereby established and named the Department of Justice Child Abuse Fund. Moneys in the fund shall be available, upon appropriation by the Legislature, for expenditure by the department to offset the costs incurred to process trustline automated child abuse or neglect system checks pursuant to this section.
(C)All moneys, other than those described in subparagraph (B), received by the department pursuant to this paragraph shall be deposited in a special account in the General Fund which is hereby created and named the Department of Justice Sexual Habitual Offender Fund. The funds shall be available, upon appropriation by the Legislature, for expenditure by the department to offset the costs incurred pursuant to Chapter 9.5 (commencing with Section 13885) and Chapter 10 (commencing with Section 13890) of Title 6 of Part 4, and the DNA and Forensic Identification Data Base and Data Bank Act of 1998 (Chapter 6 (commencing with Section 295) of Title 9 of Part 1), and for maintenance and improvements to the statewide Sexual Habitual Offender Program and the California DNA offender identification file (CAL-DNA) authorized by Chapter 9.5 (commencing with Section 13885) of Title 6 of Part 4 and the DNA and Forensic Identification Data Base and Data Bank Act of 1998 (Chapter 6 (commencing with Section 295) of Title 9 of Part 1).
(c)(1)The Department of Justice shall make available to any agency responsible for placing children pursuant to Article 7 (commencing with Section 305) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, upon request, relevant information concerning child abuse or neglect reports contained in the index, when making a placement with a responsible relative pursuant to Sections 281.5, 305, and 361.3 of the Welfare and Institutions Code. Upon receipt of relevant information concerning child abuse or neglect reports contained in the index from the Department of Justice pursuant to this subdivision, the agency shall also notify in writing the person listed in the CACI that he or she is in the index. The notification shall include the location of the original investigative report and the submitting agency. The notification shall be submitted to the person listed at the same time that all other parties are notified of the information, and no later than the actual judicial proceeding that determines placement.
(2)If information is requested by an agency for the placement of a child with a responsible relative in an emergency situation pursuant to Article 7 (commencing with Section 305) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, the department is exempt from the requirements of Section 1798.18 of the Civil Code if compliance would cause a delay in providing an expedited response to the child protective agencys inquiry and if further delay in placement may be detrimental to the child.
(d)The department shall make available any information maintained pursuant to subdivision (a) to out-of-state law enforcement agencies conducting investigations of known or suspected child abuse or neglect only when an agency makes the request for information in writing and on official letterhead, or as designated by the department, identifying the suspected abuser or victim by name and date of birth or approximate age. The request shall be signed by the department supervisor of the requesting law enforcement agency. The written requests shall cite the out-of-state statute or interstate compact provision that requires that the information contained within these reports shall be disclosed only to law enforcement, prosecutorial entities, or multidisciplinary investigative teams, and shall cite the safeguards in place to prevent unlawful disclosure of any confidential information provided by the requesting state or the applicable interstate compact provision.
(e)(1)The department shall make available to an out-of-state agency, for purposes of approving a prospective foster or adoptive parent in compliance with the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248), information regarding a known or suspected child abuser maintained pursuant to subdivision (a) concerning the prospective foster or adoptive parent, and any other adult living in the home of the prospective foster or adoptive parent. The department shall make that information available only when the out-of-state agency makes the request indicating that continual compliance will be maintained with the requirement in paragraph (20) of subsection (a) of Section 671 of Title 42 of the United States Code that requires the state to have in place safeguards to prevent the unauthorized disclosure of information in any child abuse and neglect registry maintained by the state and prevent the information from being used for a purpose other than the conducting of background checks in foster or adoption placement cases.
(2)With respect to any information provided by the department in response to the out-of-state agencys request, the out-of-state agency is responsible for obtaining the original investigative report from the reporting agency, and for drawing independent conclusions regarding the quality of the evidence disclosed and its sufficiency for making decisions regarding the approval of prospective foster or adoptive parents.
(3)(A)Whenever information contained in the index is furnished pursuant to this subdivision, the department shall charge the out-of-state agency making the request a fee. The fee shall not exceed the reasonable costs to the department of providing the information. The only increase shall be at a rate not to exceed the legislatively approved cost-of-living adjustment for the department. In no case shall the fee exceed fifteen dollars ($15).
(B)All moneys received by the department pursuant to this subdivision shall be deposited in the Department of Justice Child Abuse Fund, established under subparagraph (B) of paragraph (12) of subdivision (b). Moneys in the fund shall be available, upon appropriation by the Legislature, for expenditure by the department to offset the costs incurred to process requests for information pursuant to this subdivision.
(f)(1)Any person may determine if he or she is listed in the CACI by making a request in writing to the Department of Justice. The request shall be notarized and include the persons name, address, date of birth, and either a social security number or a California identification number. Upon receipt of a notarized request, the Department of Justice shall make available to the requesting person information identifying the date of the report and the submitting agency. The requesting person is responsible for obtaining the investigative report from the submitting agency pursuant to paragraph (11) of subdivision (b) of Section 11167.5.
(2)No person or agency shall require or request another person to furnish a copy of a record concerning himself or herself, or notification that a record concerning himself or herself exists or does not exist, pursuant to paragraph (1).
(g)If a person is listed in the CACI only as a victim of child abuse or neglect, and that person is 18 years of age or older, that person may have his or her name removed from the index by making a written request to the Department of Justice. The request shall be notarized and include the persons name, address, social security number, and date of birth.
SEC. 46.Section 319.3 of the Welfare and Institutions Code is amended to read:319.3.Notwithstanding Section 319, a dependent 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 children, a short-term residential treatment center, or in a temporary shelter care facility, as defined in Section 1530.8 of the Health and Safety Code, only when the court finds that placement is necessary to secure a complete and adequate evaluation, including placement planning and transition time. The placement period shall not exceed 60 days unless a case plan has been developed and the need for additional time is documented in the case plan and has been approved by a deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department.
SEC. 42.SEC. 47.Section 361.2 of the Welfare and Institutions Code is amended to read:361.2.(a)When a court orders removal of a child pursuant to Section 361, the court shall first determine whether there is a parent of the child, with whom the child was not residing at the time that the events or conditions arose that brought the child within the provisions of Section 300, who desires to assume custody of the child. If that parent requests custody, the court shall place the child with the parent unless it finds that placement with that parent would be detrimental to the safety, protection, or physical or emotional well-being of the child. The fact that the parent is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with his or her parent shall not be, for that reason alone, prima facie evidence that placement with that parent would be detrimental.
(b)If the court places the child with that parent it may do any of the following:
(1)Order that the parent become legal and physical custodian of the child. The court may also provide reasonable visitation by the noncustodial parent. The court shall then terminate its jurisdiction over the child. The custody order shall continue unless modified by a subsequent order of the superior court. The order of the juvenile court shall be filed in any domestic relation proceeding between the parents.
(2)Order that the parent assume custody subject to the jurisdiction of the juvenile court and require that a home visit be conducted within three months. In determining whether to take the action described in this paragraph, the court shall consider any concerns that have been raised by the childs 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).
(1)
(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 parents immigration status.
(2)The approved home of a relative, regardless of the relatives immigration status.
(3)The approved home of a nonrelative extended family member as defined in Section 362.7.
(4)The approved home of a resource family as defined in Section 16519.5.
(5)A foster home in which the child has been placed before an interruption in foster care, if that placement is in the best interest of the child and space is available.
(6)A suitable licensed community care facility, except a runaway and homeless youth shelter licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code.
(7)With a foster family agency to be placed in a suitable licensed foster family home or certified family home which has been certified by the agency as meeting licensing standards.
(8)A home or facility in accordance with the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(9)A child under six years of age may be placed in a community care facility licensed as a group home for children, or a temporary shelter care facility as defined in Section 1530.8 of the Health and Safety Code, only under any of the following circumstances:
(A)(i)When a case plan indicates that placement is for purposes of providing short term, specialized, and intensive treatment to the child, the case plan specifies the need for, nature of, and anticipated duration of this treatment, pursuant to paragraph (2) of subdivision (c) of Section 16501.1, the facility meets the applicable regulations adopted under Section 1530.8 of the Health and Safety Code and standards developed pursuant to Section 11467.1 of this code, and the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department has approved the case plan.
(ii)The short term, specialized, and intensive treatment period shall not exceed 120 days, unless the county has made progress toward or is actively working toward implementing the case plan that identifies the services or supports necessary to transition the child to a family setting, circumstances beyond the countys control have prevented the county from obtaining those services or supports within the timeline documented in the case plan, and the need for additional time pursuant to the case plan is documented by the caseworker and approved by a deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department.
(iii)To the extent that placements pursuant to this paragraph are extended beyond an initial 120 days, the requirements of clauses (i) and (ii) shall apply to each extension. In addition, the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department shall approve the continued placement no less frequently than every 60 days.
(B)When a case plan indicates that placement is for purposes of providing family reunification services. In addition, the facility offers family reunification services that meet the needs of the individual child and his or her family, permits parents to have reasonable access to their children 24 hours a day, encourages extensive parental involvement in meeting the daily needs of their children, and employs staff trained to provide family reunification services. In addition, one of the following conditions exists:
(i)The childs parent is also a ward of the court and resides in the facility.
(ii)The childs parent is participating in a treatment program affiliated with the facility and the childs placement in the facility facilitates the coordination and provision of reunification services.
(iii)Placement in the facility is the only alternative that permits the parent to have daily 24-hour access to the child in accordance with the case plan, to participate fully in meeting all of the daily needs of the child, including feeding and personal hygiene, and to have access to necessary reunification services.
(10)(A)A child who is 6 to 12 years of age, inclusive, may be placed in a community care facility licensed as a group home for children only when a case plan indicates that placement is for purposes of providing short term, specialized, and intensive treatment for the child, the case plan specifies the need for, nature of, and anticipated duration of this treatment, pursuant to paragraph (2) of subdivision (c) of Section 16501.1, and is approved by the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department.
(B)The short term, specialized, and intensive treatment period shall not exceed six months, unless the county has made progress or is actively working toward implementing the case plan that identifies the services or supports necessary to transition the child to a family setting, circumstances beyond the countys control have prevented the county from obtaining those services or supports within the timeline documented in the case plan, and the need for additional time pursuant to the case plan is documented by the caseworker and approved by a deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department.
(C)To the extent that placements pursuant to this paragraph are extended beyond an initial six months, the requirements of subparagraphs (A) and (B) shall apply to each extension. In addition, the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department shall approve the continued placement no less frequently than every 60 days.
(11)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 childs 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 childs parent or guardian in order to facilitate reunification of the family.
(2)In the event that there are no appropriate placements available in the parents or guardians county of residence, a placement may be made in an appropriate place in another county, preferably a county located adjacent to the parents or guardians community of residence.
(3)Nothing in this section shall be interpreted as requiring multiple disruptions of the childs 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 parents or guardians 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 childs parents or guardians county of residence, the specific reason the out-of-county placement is necessary shall be documented in the childs 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 childs health or well-being is endangered by delaying the action or would be endangered if prior notice were given. The notice shall state the reasons which 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 childs particular needs require placement outside the county.
(i)Where 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 childs grandparents. The court shall clearly specify those rights to the social worker.
(j)Where 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 courts jurisdiction, or any nondependent siblings in the physical custody of a parent subject to the courts 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 childs 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 childs caregiver is able to meet the day-to-day health, safety, and well-being needs of the child.
(B)The childs caregiver is permitted to maintain the least restrictive family setting that promotes normal childhood experiences and 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 childs 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 childs 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.
(3)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 43.SEC. 48.Section 361.2 is added to the Welfare and Institutions Code, 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 childs 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 parents immigration status.
(2)The approved home of a relative, regardless of the relatives 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 that meets the mental health certification requirements of Section 11462.01, 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 as meeting licensing standards. 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 center, as defined in subdivision (ad) of Section 11400, 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; and environment. If the placement is longer than six months, the placement is 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 or an assistant chief probation officer or chief probation officer of the county probation 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 temporary shelter care facility as defined in Section 1530.8 of the Health and Safety Code, 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 or an assistant chief probation officer or chief probation officer of the county probation department has approved the case plan.
(ii)The short term, specialized, and intensive treatment period shall not exceed 120 days, unless the county has made progress toward or is actively working toward implementing the case plan that identifies the services or supports necessary to transition the child to a family setting, circumstances beyond the countys control have prevented the county from obtaining those services or supports within the timeline documented in the case plan, and the need for additional time pursuant to the case plan is documented by the caseworker and approved by a deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department.
(iii)To the extent that placements pursuant to this paragraph are extended beyond an initial 120 days, the requirements of clauses (i) and (ii) shall apply to each extension. In addition, the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department shall approve the continued placement no less frequently than every 60 days.
(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 childs parent is also a ward under the jurisdiction of the court and resides in the facility.
(II)The childs parent is participating in a treatment program affiliated with the facility and the childs 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 countys control have prevented the county from obtaining those services or supports within the timeline documented in the case plan, and the need for additional time pursuant to the case plan is documented by the caseworker and approved by a deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department.
(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 or an assistant chief probation officer or chief probation officer of the county probation department shall approve the continued placement no less frequently than every 60 days.
(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 childs 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 childs parent or guardian in order to facilitate reunification of the family.
(2)In the event that there are no appropriate placements available in the parents or guardians county of residence, a placement may be made in an appropriate place in another county, preferably a county located adjacent to the parents or guardians community of residence.
(3)Nothing in this section shall be interpreted as requiring multiple disruptions of the childs 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 parents or guardians 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 childs parents or guardians county of residence, the specific reason the out-of-county placement is necessary shall be documented in the childs 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 childs health or well-being is endangered by delaying the action or would be endangered if prior notice were given. The notice shall state the reasons which 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 childs 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 childs 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 courts jurisdiction, or any nondependent siblings in the physical custody of a parent subject to the courts 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 childs 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 childs caregiver is able to meet the day-to-day health, safety, and well-being needs of the child.
(B)The childs 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 childs 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 childs 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. 44.SEC. 49.Section 706.6 of the Welfare and Institutions Code is amended to read:706.6.(a)Services to minors are best provided in a framework that integrates service planning and delivery among multiple service systems, including the mental health system, using a team-based approach, such as a child and family team. A child and family team brings together individuals that engage with the child or youth and family in assessing, planning, and delivering services. Use of a team approach increases efficiency, and thus reduces cost, by increasing coordination of formal services and integrating the natural and informal supports available to the child or youth and family.
(b)(1)For the purposes of this section, child and family team has the same meaning as in paragraph (4) of subdivision (a) of Section 16501.
(2)The case plan shall be developed in collaboration with the child and family team. The In its development of the case plan, the probation agency shall consider the any recommendations of the child and family team. team, as defined in paragraph (4) of subdivision (a) of Section 16501. The agency shall document the rationale for any inconsistencies between the case plan and the child and family team recommendations.
(c)A case plan prepared as required by Section 706.5 shall be submitted to the court. It shall either be attached to the social study or incorporated as a separate section within the social study. The case plan shall include, but not be limited to, the following information:
(1)A description of the circumstances that resulted in the minor being placed under the supervision of the probation department and in foster care.
(2)A preplacement Documentation of the preplacement assessment of the minors and familys strengths and service needs documentation that preplacement showing that preventive services have been provided, and that reasonable efforts to prevent out-of-home placement have been made. The assessment shall include the type of placement best equipped to meet those needs.
(3)(A)A description of the type of home or institution in which the minor is to be placed, and the reasons for that placement decision, including a discussion of the safety and appropriateness of the placement, including the recommendations of the child and family team, if available.
(B)An appropriate placement is a placement in the least restrictive, most family-like environment, environment that promotes normal childhood experiences, in closest proximity to the minors home, that meets the minors best interests and special needs.
(d)The following shall apply:
(1)The agency selecting a placement shall consider, in order of priority:
(A)Placement with relatives, nonrelated extended family members, and tribal members.
(B)Foster family homes and certified homes or resource families of foster family agencies.
(C)Treatment and intensive treatment certified homes or resource families of foster family agencies, or multidimensional treatment foster homes or therapeutic foster care homes.
(D)Group care placements in the following order:
(i)Short-term residential treatment centers.
(ii)Group homes.
(iii)Community treatment facilities.
(iv)Out-of-state residential treatment pursuant to Part 5 (commencing with Section 7900) of Division 12 of the Family Code.
(2)Although the placement options shall be considered in the preferential order specified in paragraph (1), the placement of a child may be with any of these placement settings in order to ensure the selection of a safe placement setting that is in the childs best interests and meets the childs special needs.
(2)
(3)A minor may be placed into a community care facility licensed as a short-term residential treatment center, as defined in subdivision (ad) of Section 11400, provided the case plan indicates that the placement is for the purposes of providing short-term, specialized, and intensive treatment for the minor, the case plan specifies the need for, nature of, and anticipated duration of this treatment, and the case plan includes transitioning the minor to a less restrictive environment and the projected timeline by which the minor will be transitioned to a less restrictive environment.
(e)Effective January 1, 2010, a case plan shall ensure the educational stability of the child while in foster care and shall include both of the following:
(1)Assurances that the placement takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement.
(2)An assurance that the placement agency has coordinated with appropriate local educational agencies to ensure that the child remains in the school in which the child is enrolled at the time of placement, or, if remaining in that school is not in the best interests of the child, assurances by the placement agency and the local educational agency to provide immediate and appropriate enrollment in a new school and to provide all of the childs educational records to the new school.
(f)Specific time-limited goals and related activities designed to enable the safe return of the minor to his or her home, or in the event that return to his or her home is not possible, activities designed to result in permanent placement or emancipation. Specific responsibility for carrying out the planned activities shall be assigned to one or more of the following:
(1)The probation department.
(2)The minors parent or parents or legal guardian or guardians, as applicable.
(3)The minor.
(4)The foster parents or licensed agency providing foster care.
(g)The projected date of completion of the case plan objectives and the date services will be terminated.
(h)(1)Scheduled visits between the minor and his or her family and an explanation if no visits are made.
(2)Whether the child has other siblings, and, if any siblings exist, all of the following:
(A)The nature of the relationship between the child and his or her siblings.
(B)The appropriateness of developing or maintaining the sibling relationships pursuant to Section 16002.
(C)If the siblings are not placed together in the same home, why the siblings are not placed together and what efforts are being made to place the siblings together, or why those efforts are not appropriate.
(D)If the siblings are not placed together, all of the following:
(i)The frequency and nature of the visits between the siblings.
(ii)If there are visits between the siblings, whether the visits are supervised or unsupervised. If the visits are supervised, a discussion of the reasons why the visits are supervised, and what needs to be accomplished in order for the visits to be unsupervised.
(iii)If there are visits between the siblings, a description of the location and length of the visits.
(iv)Any plan to increase visitation between the siblings.
(E)The impact of the sibling relationships on the childs placement and planning for legal permanence.
(F)The continuing need to suspend sibling interaction, if applicable, pursuant to subdivision (c) of Section 16002.
(3)The factors the court may consider in making a determination regarding the nature of the childs sibling relationships may include, but are not limited to, whether the siblings were raised together in the same home, whether the siblings have shared significant common experiences or have existing close and strong bonds, whether either sibling expresses a desire to visit or live with his or her sibling, as applicable, and whether ongoing contact is in the childs best emotional interests.
(i)(1)When placement is made in a foster family home, group home, or other child care institution that is either a substantial distance from the home of the minors parent or legal guardian or out-of-state, the case plan shall specify the reasons why the placement is the most appropriate and is in the best interest of the minor.
(2)When an out-of-state group home placement is recommended or made, the case plan shall comply with Section 727.1 and Section 7911.1 of the Family Code. In addition, documentation of the recommendation of the multidisciplinary team and the rationale for this particular placement shall be included. The case plan shall also address what in-state services or facilities were used or considered and why they were not recommended.
(j)If applicable, efforts to make it possible to place siblings together, unless it has been determined that placement together is not in the best interest of one or more siblings.
(k)A schedule of visits between the minor and the probation officer, including a monthly visitation schedule for those children placed in group homes.
(l)Health and education information about the minor, school records, immunizations, known medical problems, and any known medications the minor may be taking, names and addresses of the minors health and educational providers; the minors grade level performance; assurances that the minors placement in foster care takes into account proximity to the school in which the minor was enrolled at the time of placement; and other relevant health and educational information.
(m)When out-of-home services are used and the goal is reunification, the case plan shall describe the services that were provided to prevent removal of the minor from the home, those services to be provided to assist in reunification and the services to be provided concurrently to achieve legal permanency if efforts to reunify fail.
(n)The updated case plan prepared for a permanency planning hearing shall include a recommendation for a permanent plan for the minor. If, after considering reunification, adoptive placement, legal guardianship, or permanent placement with a fit and willing relative the probation officer recommends placement in a planned permanent living arrangement, the case plan shall include documentation of a compelling reason or reasons why termination of parental rights is not in the minors best interest. For purposes of this subdivision, a compelling reason shall have the same meaning as in subdivision (c) of Section 727.3.
(o)Each updated case plan shall include a description of the services that have been provided to the minor under the plan and an evaluation of the appropriateness and effectiveness of those services.
(p)A statement that the parent or legal guardian, and the minor have had an opportunity to participate in the development of the case plan, to review the case plan, to sign the case plan, and to receive a copy of the plan, or an explanation about why the parent, legal guardian, or minor was not able to participate or sign the case plan.
(q)For a minor in out-of-home care who is 16 years of age or older, a written description of the programs and services, which will help the minor prepare for the transition from foster care to independent living.
SEC. 45.SEC. 50.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 the any recommendations of the child and family team and shall document the rationale for any inconsistencies between the child and family team recommendations and the final placement of the ward. 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 minors medical, surgical, and dental care and education as if the relative caretaker 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. If placement is in a treatment program, Commencing January 1, 2017, the requirements of Section 11462.01 shall be met.
(E)Commencing January 1, 2017, a minor or nonminor dependent may be placed in a short-term residential treatment center as defined in subdivision (ad) of Section 11400 and paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code, or a foster family agency, as defined in paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code. The placing agency shall also comply with requirements set forth in paragraph (9) of subdivision (e) of Section 361.2, which includes, but is not limited to, authorization, limitation on length of stay, extensions, and additional requirements related to minors. If the placement is longer than 12 months, the placement shall be approved by the chief probation officer of the county probation department, or his or her designee.
(F)With a foster family agency to be placed in a suitable licensed foster family home or certified family home that has been certified by the agency as meeting licensing standards.
(G)
(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 minors 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.
(H)
(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 courts 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 minors 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. 46.SEC. 51.Section 727.1 of the Welfare and Institutions Code is amended to read:727.1.(a)When the court orders the care, custody, and control of the minor to be under the supervision of the probation officer for foster care placement pursuant to subdivision (a) of Section 727, the decision regarding choice of placement placement, pursuant to Section 706.6, shall be based upon selection of a safe setting that is the least restrictive or most family like, and the most appropriate setting that meets the individual needs of the minor and is available, in proximity to the parents home, consistent with the selection of the environment best suited to meet the minors special needs and best interests. The selection shall consider, in order of priority, placement with relatives, tribal members, and foster family, group care, and residential treatment pursuant to Section 7950 of the Family Code.
(b)Unless otherwise authorized by law, the court may not order the placement of a minor who is adjudged a ward of the court on the basis that he or she is a person described by either Section 601 or 602 in a private residential facility or program that provides 24-hour supervision, outside of the state, unless the court finds, in its order of placement, that all of the following conditions are met:
(1)In-state facilities or programs have been determined to be unavailable or inadequate to meet the needs of the minor.
(2)The State Department of Social Services or its designee has performed initial and continuing inspection of the out-of-state residential facility or program and has either certified that the facility or program meets the greater of all licensure standards required of group homes or of short-term residential treatment centers operated in California, or that the department has granted a waiver to a specific licensing standard upon a finding that there exists no adverse impact to health and safety, pursuant to subdivision (c) of Section 7911.1 of the Family Code.
(3)The requirements of Section 7911.1 of the Family Code are met.
(c)If, upon inspection, the probation officer of the county in which the minor is adjudged a ward of the court determines that the out-of-state facility or program is not in compliance with the standards required under paragraph (2) of subdivision (b) or has an adverse impact on the health and safety of the minor, the probation officer may temporarily remove the minor from the facility or program. The probation officer shall promptly inform the court of the minors removal, and shall return the minor to the court for a hearing to review the suitability of continued out-of-state placement. The probation officer shall, within one business day of removing the minor, notify the State Department of Social Services Compact Administrator, and, within five working days, submit a written report of the findings and actions taken.
(d)The court shall review each of these placements for compliance with the requirements of subdivision (b) at least once every six months.
(e)The county shall not be entitled to receive or expend any public funds for the placement of a minor in an out-of-state group home or short-term residential treatment center, unless the conditions of subdivisions (b) and (d) are met.
SEC. 47.SEC. 52.Section 827.11 is added to the Welfare and Institutions Code, to read:827.11.(a)The Legislature finds and declares all of the following:
(1)It is the intent of the Legislature to ensure quality care for children and youth who are placed in the continuum of foster care settings.
(2)Attracting and retaining quality caregivers is critical to achieving positive outcomes for children, youth, and families, and to ensuring the success of child welfare improvement efforts.
(3)Quality caregivers strengthen foster care by ensuring that a foster or relative family caring for a child provides the loving, committed, and skilled care that the child needs, while working effectively with the child welfare system to reach the childs goals.
(4)Caregivers who are informed of the childs educational, medical, dental, and mental health history and current needs are better able to meet those needs and address the effects of trauma, increasing placement stability and improving permanency outcomes.
(5)Sharing necessary information with the caregiver is a critical component of effective service delivery for children and youth in foster care.
(b)Therefore, consistent with state and federal law, information shall be provided to a caregiver regarding the childs or youths educational, medical, dental, and mental health history and current needs.
(c)This section is declaratory of existing law and is not intended to impose a new program or higher level of service upon any local agency. It is intended, however, that this restatement of existing law should engender a renewed sense of commitment to engaging foster parents in order to provide quality care to children and youth in foster care.
(d)No later than January 1, 2017, the department shall consult with representatives of the County Counsels Association of California, County Welfare Directors Association of California, and stakeholders to develop regulations or identify policy changes necessary to allow for the sharing of information as described in this section.
SEC. 48.SEC. 53.Section 831 is added to the Welfare and Institutions Code, to read:831.(a)(1)To promote more effective communication needed for the development of a plan to address the needs of the child or youth and family, a person designated as a member of a child and family team as defined in paragraph (4) of subdivision (a) of Section 16501 may receive and disclose relevant information and records, subject to the confidentiality provisions of state and federal law.
(2)Information exchanged among the team shall be received in confidence for the limited purpose of providing necessary services and supports to the child or youth and family and shall not be further disclosed except to the juvenile court with jurisdiction over the child or as otherwise required by law. Civil and criminal penalties may apply to the inappropriate disclosure of information held by the team.
(b)(1) Each participant in the child and family team with legal power to consent shall sign an authorization to release information to team members. In the event that a child or youth who is a dependent or ward of the juvenile court does not have the legal power to consent to the release of information, the childs attorney or other authorized individual may consent on behalf of the child.
(2)Authorization to release information shall be in writing and shall comply with all other applicable state law governing release of medical, mental health, social service, and educational records, and that covers identified team members, including service providers, in order to permit the release of records to the team.
(3)This authorization shall not include release of adoption records.
(4)The knowing and informed consent to release information given pursuant to this section shall only be in force for the time that the child or youth, or family, or nonminor dependent, is participating in the child and family team.
(c)Upon obtaining the authorization to release information as described in subdivision (b), relevant information and records may be shared with members of the team. If the team determines that the disclosure of information would present a reasonable risk of a significant adverse or detrimental effect on the childs or youths psychological or physical safety, the information shall not be released.
(d)Information and records communicated or provided to the team, by all providers, programs, and agencies, as well as information and records created by the team in the course of serving its children, youth, and their families, shall be deemed private and confidential and shall be protected from discovery and disclosure by all applicable statutory and common law. Nothing in this section shall be construed to affect the authority of a health care provider to disclose medical information pursuant to paragraph (1) of subdivision (c) of Section 56.10 of the Civil Code.
(e)If the child welfare agency files or records, or any portions thereof, are privileged or confidential, pursuant to any other state law, except Section 827, or federal law or regulation, the requirements of that state law or federal law or regulation prohibiting or limiting release of the child welfare agency files or records, or any portions thereof, shall prevail.
(f)All discussions during team meetings are confidential unless disclosure is required by law. Notwithstanding any other law, testimony concerning any team meeting discussion is not admissible in any criminal or civil proceeding except as provided in paragraph (2) of subdivision (a).
(g)As used in this section, privileged information means any information subject to a privilege pursuant to Division 8 (commencing with Section 900) of the Evidence Code. Disclosure of otherwise privileged information to team members shall not be construed to waive the privilege.
SEC. 49.SEC. 54.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 Californias 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, 2018.
(d)For the 200102 fiscal year, the 200203 fiscal year, the 200304 fiscal year, and the 200405 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. 50.SEC. 55.Section 4096 of the Welfare and Institutions Code is amended to read:4096.(a)(1)Interagency collaboration and childrens program services shall be structured in a manner that will facilitate future implementation of the goals of Part 4 (commencing with Section 5850) of Division 5 to develop protocols outlining the roles and responsibilities of placing agencies and group homes regarding emergency and nonemergency placements of foster children in group homes.
(2)Components shall be added to state-county performance contracts required in Section 5650 that provide for reports from counties on how this section is implemented.
(3)The department shall develop performance contract components required by paragraph (2).
(4)Performance contracts subject to this section shall document that the procedures to be implemented in compliance with this section have been approved by the county social services department and the county probation department.
(b)Funds specified in subdivision (a) of Section 17601 for services to wards of the court and dependent children of the court shall be allocated and distributed to counties based on the number of wards of the court and dependent children of the court in the county.
(c)A county may utilize funds allocated pursuant to subdivision (b) only if the county has an established and operational interagency placement committee, with a membership that includes at least the county placement agency and a licensed mental health professional from the county department of mental health. If necessary, the funds may be used for costs associated with establishing the interagency placement committee.
(d)Subsequent to the establishment of an interagency placement committee, funds allocated pursuant to subdivision (b) shall be used to provide services to wards of the court and dependent children of the court jointly identified by county mental health, social services, and probation departments as the highest priority. Every effort shall be made to match those funds with funds received pursuant to Title XIX of the federal Social Security Act, contained in Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code.
(e)(1)Each interagency placement committee shall establish procedures whereby a ward of the court or dependent child of the court, or a voluntarily placed child whose placement is funded by the Aid to Families with Dependent Children-Foster Care Program, who is to be placed or is currently placed in a group home program at a rate classification level 13 or rate classification level 14 as specified in Section 11462.01, is assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3.
(2)The assessment required by paragraph (1) shall also indicate that the child or youth is in need of the care and services provided by that group home program.
(f)The interagency placement committee shall document the results of the assessment required by subdivision (e) and shall notify the appropriate group home provider and county placing agency, in writing, of those results within 10 days of the completion of the assessment.
(g)If the childs or youths placement is not funded by the Aid to Families with Dependent Children-Foster Care Program, a licensed mental health professional, which is defined to include a physician licensed under Section 2050 of the Business and Professions Code, a licensed psychologist within the meaning of subdivision (a) of Section 2902 of the Business and Professions Code, a licensed clinical social worker within the meaning of subdivision (a) of Section 4996 of the Business and Professions Code, a licensed marriage and family therapist within the meaning of subdivision (b) of Section 4980 of the Business and Professions Code, or a licensed professional clinical counselor within the meaning of subdivision (e) of Section 4999.12, shall certify that the child is assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3.
(h)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 51.SEC. 56.Section 4096 is added to the Welfare and Institutions Code, to read:4096.(a)(1)Interagency collaboration and childrens program services shall be structured in a manner that will facilitate implementation of the goals of Part 4 (commencing with Section 5850) of Division 5 to develop protocols outlining the roles and responsibilities of placing agencies, agencies and short-term residential treatment centers, and foster family agencies regarding emergency and centers regarding nonemergency placements of foster children in certified short-term residential treatment centers or foster family agencies.
(2)Components shall be added to state-county performance contracts required in Section 5650 that provide for reports from counties on how this section is implemented.
(3)The State Department of Health Care Services shall develop performance contract components required by paragraph (2).
(4)Performance contracts subject to this section shall document that the procedures to be implemented in compliance with this section have been approved by the county social services department and the county probation department.
(b)Funds specified in subdivision (a) of Section 17601 for services to wards of the court and dependent children of the court shall be allocated and distributed to counties based on the number of wards of the court and dependent children of the court in the county.
(c)A county may utilize funds allocated pursuant to subdivision (b) only if the county has established an operational interagency placement committee with a membership that includes at least the county placement agency and a licensed mental health professional from the county department of mental health. If necessary, the funds may be used for costs associated with establishing the interagency placement committee.
(d)Funds allocated pursuant to subdivision (b) shall be used to provide services to wards of the court and dependent children of the court jointly identified by county mental health, social services, and probation departments as the highest priority. Every effort shall be made to match those funds with funds received pursuant to Title XIX of the federal Social Security Act, contained in Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code.
(e)(1)Each interagency placement committee shall establish procedures whereby a ward of the court or dependent child of the court, or a voluntarily placed child whose placement is funded by the Aid to Families with Dependent Children-Foster Care Program, who is to be placed or is currently placed in a short-term residential treatment center or foster family agency that provides treatment services, program, as specified in Section 11462.01, or a group home granted an extension pursuant to Section 11462.04, is shall be assessed to determine whether he or she meets the medical necessity criteria for Medi-Cal specialty mental health Early and Periodic Screening, Diagnosis, and Treatment services, as the criteria are described in Section 1830.210 of Title 9 of the California Code of Regulations, or assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3.
(2)The assessment required by paragraph (1) shall also indicate that the child is in need of the care and services provided by a short-term residential center or foster family agency that provides treatment services. treatment center.
(3)In lieu of an assessment by the interagency placement committee required under paragraph (1), a child and family team, as defined in paragraph (4) of subdivision (a) of Section 16501, may utilize an assessment by a licensed mental health professional that was developed consistent with procedures established by the county under paragraph (1). Nothing
(3)Nothing in this paragraph subdivision shall prohibit the child and family team an interagency placement committee from considering an assessment that was provided by an interagency placement committee. a licensed mental health professional, as described in subdivision (g), and that was developed consistent with procedures established by the county pursuant to paragraph (1).
(f)The interagency placement committee or the child and family team, as appropriate, shall document the results of the assessment required by subdivision (e) and shall notify the appropriate provider in writing, of those results within 10 days of the completion of the assessment.
(g)If the childs or youths placement is not funded by the Aid to Families with Dependent Children-Foster Care Program, a licensed mental health professional, or an otherwise recognized provider of mental health services, shall certify that the child has been assessed as meeting the medical necessity criteria for Medi-Cal specialty mental health Early and Periodic Screening, Diagnosis, and Treatment services, as the criteria are described in Section 1830.210 of Title 9 of the California Code of Regulations, or assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3. A licensed mental health professional includes a physician licensed under Section 2050 of the Business and Professions Code, a licensed psychologist within the meaning of subdivision (a) of Section 2902 of the Business and Professions Code, a licensed clinical social worker within the meaning of subdivision (a) of Section 4996 of the Business and Professions Code, a licensed marriage and family therapist within the meaning of subdivision (b) of Section 4980 of the Business and Professions Code, or a licensed professional clinical counselor within the meaning of subdivision (e) of Section 4999.12, shall certify that the child has been assessed as seriously emotionally disturbed, as described in Section 5600.3. 4999.12.
(h)This section shall become operative on January 1, 2017.
SEC. 52.SEC. 57.Section 4096.1 is added to the Welfare and Institutions Code, to read:4096.1.(a)(1)Interagency collaboration and childrens program services shall be structured in a manner that will facilitate future implementation of the goals of Part 4 (commencing with Section 5850) of Division 5 to develop protocols outlining the roles and responsibilities of placing agencies and group homes regarding emergency and nonemergency placements of foster children in group homes.
(2)Components shall be added to state-county performance contracts required in Section 5650 that provide for reports from counties on how this section is implemented.
(3)The State Department of Health Care Services shall develop performance contract components required by paragraph (2).
(4)Performance contracts subject to this section shall document that the procedures to be implemented in compliance with this section have been approved by the county social services department and the county probation department.
(b)Funds specified in subdivision (a) of Section 17601 for services to wards of the court and dependent children of the court shall be allocated and distributed to counties based on the number of wards of the court and dependent children of the court in the county.
(c)A county may utilize funds allocated pursuant to subdivision (b) only if the county has established an operational interagency placement committee, with a membership that includes at least the county placement agency and a licensed mental health professional from the county department of mental health. If necessary, the funds may be used for costs associated with establishing the interagency placement committee.
(d)Subsequent to the establishment of an interagency placement committee, funds allocated pursuant to subdivision (b) shall be used to provide services to wards of the court and dependent children of the court jointly identified by county mental health, social services, and probation departments as the highest priority. Every effort shall be made to match those funds with funds received pursuant to Title XIX of the federal Social Security Act, contained in Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code.
(e)(1)Each interagency placement committee shall establish procedures whereby a ward of the court or dependent child of the court, or a voluntarily placed child whose placement is funded by the Aid to Families with Dependent Children-Foster Care Program, who is to be placed or is currently placed in a group home program at a rate classification level 13 or rate classification level 14 as specified in Section 11462.001, is assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3.
(2)The assessment required by paragraph (1) shall also indicate that the child or youth is in need of the care and services provided by that group home program.
(f)The interagency placement committee shall document the results of the assessment required by subdivision (e) and shall notify the appropriate group home provider and county placing agency, in writing, of those results within 10 days of the completion of the assessment.
(g)If the childs or youths placement is not funded by the Aid to Families with Dependent Children-Foster Care Program, a licensed mental health professional, as defined in subdivision (g) of Section 4096, shall certify that the child has been assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3.
(h)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.
(i)This section shall become operative on January 1, 2017.
(j)This section shall remain in effect only until January 1, 2018, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, 2019, deletes or extends that date.
SEC. 53.SEC. 58.Section 4096.5 of the Welfare and Institutions Code is amended to read:4096.5.(a)The State Department of Health Care Services shall make a determination, within 45 days of receiving a request from a group home to be classified at RCL 13 or RCL 14 pursuant to Section 11462.01, to certify or deny certification that the group home program includes provisions for mental health treatment services that meet the needs of children who have been assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3. The department shall issue each certification for a period of one year and shall specify the effective date the program met the certification requirements. A program may be recertified if the program continues to meet the criteria for certification.
(b)The State Department of Health Care Services shall, in consultation with the County Behavioral Health Directors Association of California and representatives of provider organizations, develop the criteria for the certification required by subdivision (a) by July 1, 1992.
(c)(1)The State Department of Health Care Services may, upon the request of a county, delegate to that county the certification task.
(2)Any county to which the certification task is delegated pursuant to paragraph (1) shall use the criteria and format developed by the department.
(d)The State Department of Health Care Services or delegated county shall notify the State Department of Social Services Community Care Licensing Division immediately upon the termination of any certification issued in accordance with subdivision (a).
(e)Upon receipt of notification from the State Department of Social Services Community Care Licensing Division of any adverse licensing action taken after the finding of noncompliance during an inspection conducted pursuant to Section 1538.7 of the Health and Safety Code, the State Department of Health Care Services or the delegated county shall review the certification issued pursuant to this section.
(f)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 54.SEC. 59.Section 4096.5 is added to the Welfare and Institutions Code, to read:4096.5.(a)All short-term residential treatment programs and all foster family programs that provide treatment services centers that operate a mental health program that serves children who have either been assessed as meeting the medical necessity criteria for Medi-Cal specialty mental health services under Early and Periodic Screening, Diagnosis, and Treatment services, as the criteria are described in Section 1830.20 of Title 9 of the California Code of Regulations, or who have been assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, shall obtain and have in good standing a mental health certification, as described in Section 11462.01, issued by the State Department of Health Care Services or a county mental health plan to which the department has delegated certification authority. This certification is a condition for receiving an Aid to Families with Dependent Children-Foster Care rate pursuant to Section 11462.015. 11462.01.
(b)The State Department of Health Care Services or a county mental health plan to which the department has delegated certification authority shall certify or deny certification within 45 days of receiving a certification request. The State Department of Health Care Services or a county mental health plan to which the department has delegated certification authority shall issue each certification for a period of one year and shall specify the effective date that the program met the program standards. Certified entities shall meet all program standards to be recertified.
(c)The State Department of Health Care Services shall promulgate regulations regarding program standards, oversight, enforcement, and due process for the mental health certification of short-term residential treatment centers and foster family agencies that provide intensive or therapeutic treatment services. centers.
(d)(1)Except for certification of short-term residential treatment centers or foster family agencies operated by a county, the State Department of Health Care Services may, upon the request of a county, delegate to that county mental health plan the certification of short-term residential treatment centers and foster family agencies center programs within its borders.
(2)Any county to which certification is delegated pursuant to paragraph (1) shall be responsible for the oversight and enforcement of program standards and the provision of due process for certified entities.
(e)The State Department of Health Care Services or a county mental health plan to which the department has delegated certification authority shall notify the State Department of Social Services immediately upon the termination of any certification issued in accordance with subdivisions (a) and (b).
(f)The State Department of Social Services shall notify the State Department of Health Care Services or a county to which the department has delegated certification authority immediately upon the revocation of any license issued pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code.
(g)Revocation of a license or a mental health certification shall be a basis for rate termination.
(h)This section shall become operative on January 1, 2017.
SEC. 55.SEC. 60.Section 4096.55 is added to the Welfare and Institutions Code, to read:4096.55.(a)The State Department of Health Care Services shall make a determination, within 45 days of receiving a request from a group home to be classified at rate classification level 13 or rate classification level 14 pursuant to Section 11462.015, to certify or deny certification that the group home program includes provisions for mental health treatment services that meet the needs of children who have been assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3. The department shall issue each certification for a period of one year and shall specify the effective date the program met the certification requirements. A program may be recertified if the program continues to meet the criteria for certification.
(b)The State Department of Health Care Services shall, in consultation with the California County Behavioral Health Directors Association of California and representatives of provider organizations, develop the criteria for the certification required by subdivision (a).
(c)(1)The State Department of Health Care Services may, upon the request of a county, delegate to that county the certification task.
(2)Any county to which the certification task is delegated pursuant to paragraph (1) shall use the criteria and format developed by the department.
(d)The State Department of Health Care Services or delegated county shall notify the State Department of Social Services Community Care Licensing Division immediately upon the termination of any certification issued in accordance with subdivision (a).
(e)Upon receipt of notification from the State Department of Social Services Community Care Licensing Division of any adverse licensing action taken after the finding of noncompliance during an inspection conducted pursuant to Section 1538.7 of the Health and Safety Code, the State Department of Health Care Services or the delegated county shall review the certification issued pursuant to this section.
(f)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.
(g)This section shall become operative on January 1, 2017.
(h)This section shall remain in effect only until January 1, 2018, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, 2019, deletes or extends that date.
SEC. 61.Section 5600.3 of the Welfare and Institutions Code is amended to read:5600.3.To the extent resources are available, the primary goal of the use of funds deposited in the mental health account of the local health and welfare trust fund should be to serve the target populations identified in the following categories, which shall not be construed as establishing an order of priority:
(a)(1)Seriously emotionally disturbed children or adolescents.
(2)For the purposes of this part, seriously emotionally disturbed children or adolescents means minors under the age of 18 years who have a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, other than a primary substance use disorder or developmental disorder, which results in behavior inappropriate to the childs age according to expected developmental norms. Members of this target population shall meet one or more of the following criteria:
(A)As a result of the mental disorder, the child has substantial impairment in at least two of the following areas: self-care, school functioning, family relationships, or ability to function in the community; and either of the following occur:
(i)The child is at risk of removal from home or has already been removed from the home.
(ii)The mental disorder and impairments have been present for more than six months or are likely to continue for more than one year without treatment.
(B)The child displays one of the following: psychotic features, risk of suicide or risk of violence due to a mental disorder.
(C)The child meets special education eligibility requirements under Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1 of the Government Code. has been assessed pursuant to Article 2 (commencing with Section 56320) of Chapter 4 of Part 30 of Division 4 of Title 2 of the Education Code and determined to have an emotional disturbance, as defined in paragraph (4) of subdivision (c) of Section 300.8 of Title 34 of the Code of Federal Regulations.
(b)(1)Adults and older adults who have a serious mental disorder.
(2)For the purposes of this part, serious mental disorder means a mental disorder that is severe in degree and persistent in duration, which may cause behavioral functioning which interferes substantially with the primary activities of daily living, and which may result in an inability to maintain stable adjustment and independent functioning without treatment, support, and rehabilitation for a long or indefinite period of time. Serious mental disorders include, but are not limited to, schizophrenia, bipolar disorder, post-traumatic stress disorder, as well as major affective disorders or other severely disabling mental disorders. This section shall not be construed to exclude persons with a serious mental disorder and a diagnosis of substance abuse, developmental disability, or other physical or mental disorder.
(3)Members of this target population shall meet all of the following criteria:
(A)The person has a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, other than a substance use disorder or developmental disorder or acquired traumatic brain injury pursuant to subdivision (a) of Section 4354 unless that person also has a serious mental disorder as defined in paragraph (2).
(B)(i)As a result of the mental disorder, the person has substantial functional impairments or symptoms, or a psychiatric history demonstrating that without treatment there is an imminent risk of decompensation to having substantial impairments or symptoms.
(ii)For the purposes of this part, functional impairment means being substantially impaired as the result of a mental disorder in independent living, social relationships, vocational skills, or physical condition.
(C)As a result of a mental functional impairment and circumstances, the person is likely to become so disabled as to require public assistance, services, or entitlements.
(4)For the purpose of organizing outreach and treatment options, to the extent resources are available, this target population includes, but is not limited to, persons who are any of the following:
(A)Homeless persons who are mentally ill.
(B)Persons evaluated by appropriately licensed persons as requiring care in acute treatment facilities including state hospitals, acute inpatient facilities, institutes for mental disease, and crisis residential programs.
(C)Persons arrested or convicted of crimes.
(D)Persons who require acute treatment as a result of a first episode of mental illness with psychotic features.
(5)California veterans in need of mental health services and who meet the existing eligibility requirements of this section, shall be provided services to the extent services are available to other adults pursuant to this section. Veterans who may be eligible for mental health services through the United States Department of Veterans Affairs should be advised of these services by the county and assisted in linking to those services.
(A)No eligible veteran shall be denied county mental health services based solely on his or her status as a veteran.
(B)Counties shall refer a veteran to the county veterans service officer, if any, to determine the veterans eligibility for, and the availability of, mental health services provided by the United States Department of Veterans Affairs or other federal health care provider.
(C)Counties should consider contracting with community-based veterans services agencies, where possible, to provide high-quality, veteran specific mental health services.
(c)Adults or older adults who require or are at risk of requiring acute psychiatric inpatient care, residential treatment, or outpatient crisis intervention because of a mental disorder with symptoms of psychosis, suicidality, or violence.
(d)Persons who need brief treatment as a result of a natural disaster or severe local emergency.
SEC. 62.Section 10553.12 of the Welfare and Institutions Code is amended to read:10553.12.(a)Notwithstanding any other law, a federally recognized tribe is authorized authorized, but not required, to approve a home for the purpose of foster or adoptive placement of an Indian child pursuant to the Federal Indian Child Welfare Act (25 U.S.C. Sec. 1915).
(b)An Indian child, as defined by Section 224(a) and (b) of that act, subdivisions (a) and (b) of Section 224, that has been removed pursuant to Section 361, from the custody or his or her parents or Indian custodian may be placed in a tribally approved home pursuant to Section 361.31 (b)(2) of that act. Section 1915 of the federal Indian Child Welfare Act.
(c)To facilitate the availability of tribally approved homes that have been fully approved in accord with federal law, including completion of required background checks, a tribal child welfare agency may request from the Department of Justice federal and state summary criminal history information regarding a prospective foster parent, parent or adoptive parent, an adult who resides or is employed in the home of an applicant, any person who has a familial or intimate relationship with any person living in the home of an applicant, or an employee of the child welfare agency who may have contact with children, in accord with subdivision (m) of Section 11105 of the Penal Code and Child Abuse Central Index Information pursuant to paragraph (8) of subdivision (b) of Section 11170 of the Penal Code.
(d)As used in this section, a tribal child welfare agency means an entity designated by a federally recognized tribe as authorized to approve homes consistent with the Indian Child Welfare Act for the purpose of placement of Indian children, into foster or adoptive care, including the authority to conduct criminal record and child abuse background checks of of, and grant exemptions to, individuals who are prospective foster parents, parents or adoptive parents, an adult who resides or is employed in the home of an applicant for approval, any person who has a familial or intimate relationship with any person living in the home of an applicant, or an employee of the tribal child welfare agency who may have contact with children.
(e)A county social worker may place an Indian child in a tribally approved home without having to conduct a separate background check, upon certification of both by the tribal agency of the following:
(1)The tribal child welfare agency has completed a criminal record background check pursuant to in accord with the standards set forth in Section 1522 of the Health and Safety Code, and a Child Abuse Central Index Check pursuant to Section 1522.1 of the Health and Safety Code, with respect to each of the individuals described in subdivision (c).
(2)The tribal child welfare agency has agreed to report to a county child welfare agency responsible for a child placed in the tribally approved home, within 24 hours of notification to the tribal agency by the Department of Justice, of a subsequent state or federal arrest or disposition notification provided pursuant to Section 11105.2 of the Penal Code involving an individual associated with the tribally approved home where an Indian child is placed.
(3)If the tribal agency in its certification states that the individual was granted a criminal record exemption, the certification shall specify that the exemption was evaluated in accord with the standards and limitations set forth in paragraph (1) of subdivision (g) of Section 1522 of the Health and Safety Code and was not granted to an individual ineligible for an exemption under that provision.
SEC. 56.SEC. 63.Section 11253.2 is added to the Welfare and Institutions Code, to read:11253.2.(a)Notwithstanding any other law, an application for aid filed on behalf of a child to whom Section 309 or 361.45 309, 361.45, or 16519.5 applies shall be processed pursuant to an expedited process as determined by the department in consultation with the counties.
(b)Subdivision (a) shall not apply if the person who applies for aid on behalf of a child described in subdivision (a) is also an applicant for or a recipient of benefits under this chapter.
(c)(1) Except as provided in paragraph (2), a person who applies for aid on behalf of a child described in subdivision (a) shall be exempt from Chapter 4.6 (commencing with Section 10830) of Part 2 governing the statewide fingerprint imaging system.
(2)A relative caregiver who is also an applicant for or a recipient of benefits under this chapter shall comply with the statewide fingerprint imaging system requirements.
SEC. 57.SEC. 64.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 childs needs. It shall also include the agencys 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 childs family, and the foster parents, in order to meet the childs needs while in foster care, and to reunify the child with the childs family. In addition, the plan shall specify the services that will be provided or steps that will be taken to facilitate an alternate permanent plan if reunification is not possible.
(c)Certified family home means a family residence certified by a licensed foster family agency and issued a certificate of approval by that agency as meeting licensing standards, and used only by that foster family agency for placements.
(d)Family home means the family residence of a licensee in which 24-hour care and supervision are provided for children.
(e)Small family home means any residential facility, in the licensees 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, that provides treatment services, as described in Section 111462.01. 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 childs 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 childs return home or establishment of alternative permanent placement.
(j)Permanency planning hearing means a hearing conducted by the juvenile court in which the childs 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 childs placement; or to the responsibility designated to an individual by virtue of his or her being appointed the childs 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 members 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 nonminors 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 nonminors and social workers or probation officers 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 dependents 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 childs case plan submitted for the last review hearing held before he or she reaches 18 years of age or the nonminor dependents 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 nonminors appropriate supervised placement setting, and the nonminors 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 nonminors 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 nonminors 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 nonminors agreement to work collaboratively with the placing agency to develop his or her transitional independent living case plan within 60 days of reentry, the nonminors agreement to report any changes of circumstances relevant to continued eligibility for foster care payments, and (1) the nonminors 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 agencys 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 nonminors 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 courts 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 childs or youths case plan specifies the need for, nature of, and anticipated duration of this specialized treatment.
(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. 58.SEC. 65.Section 11402 of the Welfare and Institutions Code is amended to read:11402.In order to be eligible for AFDC-FC, a child or nonminor dependent shall be placed in one of the following:
(a)The Prior to January 1, 2019, 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)The Prior to January 1, 2019, the licensed family home of a nonrelative.
(2)The 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)An exclusive-use home.
(g)A housing model certified by a licensed transitional housing placement provider as described in Section 1559.110 of the Health and Safety Code and as defined in subdivision (r) of Section 11400.
(h)An out-of-state group home, provided that the placement worker, in addition to complying with all other statutory requirements for placing a 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.
(i)An approved supervised independent living setting for nonminor dependents, as defined in subdivision (w) of Section 11400.
(j)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 59.SEC. 66.Section 11402 is added to the Welfare and Institutions Code, to read:11402.In order to be eligible for AFDC-FC, a child or nonminor dependent shall be placed in one of the following:
(a)The Prior to January 1, 2019, 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)The Prior to January 1, 2019, 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)The Prior to January 1, 2019, the approved home of a nonrelative extended family member, as described in Section 362.7.
(c)(1)The Prior to January 1, 2019, the licensed family home of a nonrelative.
(2)The approved home of a resource family, as defined in Section 16519.5.
(d)(1)A housing model certified by a licensed transitional housing placement provider, as described in Section 1559.110 of the Health and Safety Code, and as defined in subdivision (r) of Section 11400.
(2)An approved supervised independent living setting for nonminor dependents, as defined in subdivision (w) of Section 11400.
(e)A licensed foster family agency, 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 treatment foster home, provided that all of the following apply: certified or approved home.
(1)The program has accreditation from a nationally recognized entity identified by the State Department of Social Services pursuant to the process described in paragraph (8) of subdivision (b) of Section 11463.
(2)The program has a mental health certificate pursuant to Section 11462.015.
(f)A short-term residential treatment center licensed as a community care facility, as defined in subdivision (ad) of Section 11400, provided that all of the following apply: 11400 and paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code.
(1)The program has a national accreditation from an entity identified by the State Department of Social Services pursuant to the process described in paragraph (4) of subdivision (b) of Section 11462.
(2)The program has a mental health certificate pursuant to Section 11462.015.
(3)The placement worker has documented in the childs or youths case plan the need for, nature of, and anticipated duration of this specialized treatment to meet the treatment needs of the child or youth and that the facility offers those treatment services.
(g)An out-of-state group home that meets the equivalent of the requirements of paragraphs (1), (2), and (3) of subdivision (f), 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)A community treatment facility set forth in Article 5 (commencing with Section 4094) of Chapter 3 of Part 1 of Division 4.
(i)This section shall become operative on January 1, 2017.
SEC. 60.SEC. 67.Section 11402.01 is added to the Welfare and Institutions Code, immediately following Section 11402, to read:11402.01.In order to be eligible for AFDC-FC, a child or nonminor dependent shall be placed in one of the following:
(a)The 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)The Prior to January 1, 2019, the licensed family home of a nonrelative.
(2)The 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)An exclusive-use home.
(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, 2018, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, 2019, deletes or extends that date.
SEC. 61.SEC. 68.Section 11403.2 of the Welfare and Institutions Code is amended to read:11403.2.(a)The following persons shall be eligible for transitional housing provided pursuant to Article 4 (commencing with Section 16522) of Chapter 5 of Part 4:
(1)Any foster child at least 16 years of age and not more than 18 years of age, and, on or after January 1, 2012, any nonminor dependent, as defined in subdivision (v) of Section 11400, who is eligible for AFDC-FC benefits as described in Section 11401. A foster child under 18 years of age shall be eligible for placement in the program certified as a Transitional Housing Placement Program, pursuant to paragraph (1) of subdivision (a) of Section 16522.1. A nonminor dependent shall be eligible for placement in the program certified as a Transitional Housing Placement-Plus Foster Care Program pursuant to paragraph (2) of subdivision (a) of Section 16522.1.
(2)(A)Any former foster youth at least 18 years of age and, except as provided in subparagraph (B), not more than 24 years of age who has exited from the foster care system on or after his or her 18th birthday and elects to participate in Transitional Housing Program-Plus, as defined in subdivision (s) of Section 11400, if he or she has not received services under this paragraph for more than a total of 24 months, whether or not consecutive. If the person participating in a Transitional Housing Program-Plus is not receiving aid under Section 11403.1, he or she, as a condition of participation, shall enter into, and execute the provisions of, a transitional independent living plan that shall be mutually agreed upon, and annually reviewed, by the former foster youth and the applicable county welfare or probation department or independent living program coordinator. The person participating under this paragraph shall inform the county of any changes to conditions specified in the agreed-upon plan that affect eligibility, including changes in address, living circumstances, and the educational or training program.
(B)A county may, at its option, extend the services provided under subparagraph (A) to former foster youth not more than 25 years of age, and for a total of 36 months, whether or not consecutive, if the former foster youth, in addition to the requirements specified in subparagraph (A), meets either of the following criteria:
(i)The former foster youth is completing secondary education or a program leading to an equivalent credential.
(ii)The former foster youth is enrolled in an institution that provides postsecondary education.
(b)Payment on behalf of an eligible person receiving transitional housing services pursuant to paragraph (1) of subdivision (a) shall be made to the transitional housing placement provider pursuant to the conditions and limitations set forth in Section 11403.3. Notwithstanding Section 11403.3, the department, in consultation with concerned stakeholders, including, but not limited to, representatives of the Legislature, the County Welfare Directors Association of California, the Chief Probation Officers of California, the Judicial Council, representatives of Indian tribes, the California Youth Connection, former foster youth, child advocacy organizations, labor organizations, juvenile justice advocacy organizations, foster caregiver organizations, researchers, and transitional housing placement providers, shall convene a workgroup to establish a new rate structure for the Title IV-E funded THP-Plus Foster Care placement option for nonminor dependents. The workgroup shall also consider application of this new rate structure to the Transitional Housing Program-Plus, as described in paragraph (2) of subdivision (a) of Section 11403.3. In developing the new rate structure pursuant to this subdivision, the department shall consider the average rates in effect and being paid by counties to current transitional housing placement providers.
(c)The Legislature finds and declares that this subdivision was added in 2015 to clearly codify the requirement of existing law regarding the payment made on behalf of an eligible person receiving transitional housing services. The workgroup described in subdivision (b) recommended, and the department subsequently implemented, an annual adjustment to the payment made on behalf of an eligible person receiving transitional housing services. This annual adjustment has been, and shall continue to be, equal to the California Necessities Index applicable to each fiscal year. The Legislature hereby codifies that its intent remains in making this annual adjustment to support the care and supervision, including needed services and supports, for nonminor dependents who are receiving transitional housing services through the THP-Plus Foster Care Program.
SEC. 62.SEC. 69.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 childs personal incidentals, liability insurance with respect to a child, reasonable travel to the childs 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 both all of the following:
(A)Submitted a rate application to the department and received a determination of the level of financial participation in the rate paid. department, which shall include, but not be limited to, both of the following:
(i)Commencing January 1, 2017, 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.
(i)The
(B)Maintained a level of financial participation that shall not exceed the any of the following:
(i)The current fiscal years standard rate for rate classification level 14 for a group home; or, commencing home.
(ii)Commencing January 1, 2017, the current fiscal years rate for a short-term residential treatment center.
(ii)The level of financial participation shall not exceed the
(iii)The rate determined by the ratesetting authority of the state in which the facility is located.
(B)
(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 countys 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. 63.SEC. 70.Section 11461.2 of the Welfare and Institutions Code is amended to read:11461.2.(a)It is the intent of the Legislature to ensure quality care for children who are placed in the continuum of AFDC-FC eligible placement settings.
(b)The State Department of Social Services shall establish, in consultation with county welfare departments and other stakeholders, as appropriate, a working group to develop recommended revisions to the current ratesetting system, services, and programs serving children and families in the continuum of AFDC-FC eligible placement settings including, at a minimum, all programs provided by foster family agencies and group homes including those providing residentially based services, as defined in paragraph (1) of subdivision (a) of Section 18987.71.
(c)In developing the recommended revisions identified in subdivision (b), the working group shall consider all of the following:
(1)How ratesetting systems for foster care providers, including, at least, foster family agencies and group homes, can better support a continuum of programs and services that promote positive outcomes for children and families. This may include a process for matching the childs strengths and needs to the appropriate placement setting.
(2)How the provision of an integrated, comprehensive set of services including mental health and other critical services for children and youth support the achievement of well-being, permanency, and safety outcomes.
(3)How to ensure the provision of services in family-like settings a family setting that promotes normal childhood experiences and that serves the needs of the child, including aftercare services, when appropriate.
(4)How to provide outcome-based evaluations of foster care providers or other methods of measuring quality improvement including measures of youth and families satisfaction with services provided and program effectiveness.
(5)How changes in the licensing, ratesetting, and auditing processes can improve the quality of foster care providers, the quality of services and programs provided, and enhance the oversight of care provided to children, including, but not limited to, accreditation, administrator qualifications, and the reassignment of these responsibilities within the department.
(d)In addition to the considerations in subdivision (c), the workgroup recommendations shall be based on the review and evaluation of the current ratesetting systems, actual cost data, and information from the provider community as well as research on other applicable ratesetting methodologies, evidence-based practices, information developed as a result of pilots approved by the director, and any other relevant information.
(e)(1)The workgroup shall develop the content, format, and data sources for reports to be posted by the department on a public Internet Web site describing the outcomes achieved by providers with foster care rates set by the department.
(2)Commencing January 1, 2017, and at least semiannually after that date, the department shall publish and make available on a public Internet Web site, short-term residential treatment center and foster family agency provider performance indicators.
(f)(1)Recommendations developed pursuant to this section shall include the plan required under subdivision (d) of Section 18987.7. Updates regarding the workgroups establishment and its progress toward meeting the requirements of this section shall be provided to the Legislature during 201213 and 201314 budget hearings. The revisions recommended pursuant to the requirements of subdivision (b) shall be submitted in a report to the appropriate policy and fiscal committees of the Legislature by October 1, 2014.
(2)The requirement for submitting a report pursuant to this subdivision is inoperative on October 1, 2018, pursuant to Section 10231.5 of the Government Code.
(g)The department shall retain the authority to extend the workgroup after October 1, 2014, to ensure that the objectives of this section are met and to reconvene this workgroup as necessary to address any future recommended changes to the continuum of AFDC-FC eligible placement settings pursuant to this section.
SEC. 64.SEC. 71.Section 11462 of the Welfare and Institutions Code is amended to read:11462.(a)(1)Effective July 1, 1990, foster care providers licensed as group homes, as defined in departmental regulations, including public child care institutions, as defined in Section 11402.5, shall have rates established by classifying each group home program and applying the standardized schedule of rates. The department shall collect information from group providers beginning January 1, 1990, in order to classify each group home program.
(2)Notwithstanding paragraph (1), foster care providers licensed as group homes shall have rates established only if the group home is organized and operated on a nonprofit basis as required under subdivision (h) of Section 11400. The department shall terminate the rate effective January 1, 1993, of any group home not organized and operated on a nonprofit basis as required under subdivision (h) of Section 11400.
(3)(A)The department shall determine, consistent with the requirements of this chapter and other relevant requirements under law, the rate classification level (RCL) for each group home program on a biennial basis. Submission of the biennial rate application shall be made according to a schedule determined by the department.
(B)The department shall adopt regulations to implement this paragraph. The adoption, amendment, repeal, or readoption of a regulation authorized by this paragraph is deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement to describe specific facts showing the need for immediate action.
(b)A group home program shall be initially classified, for purposes of emergency regulations, according to the level of care and services to be provided using a point system developed by the department and described in the report, The Classification of Group Home Programs under the Standardized Schedule of Rates System, prepared by the State Department of Social Services, August 30, 1989.
(c)The rate for each RCL has been determined by the department with data from the AFDC-FC Group Home Rate Classification Pilot Study. The rates effective July 1, 1990, were developed using 1985 calendar year costs and reflect adjustments to the costs for each fiscal year, starting with the 198687 fiscal year, by the amount of the California Necessities Index computed pursuant to the methodology described in Section 11453. The data obtained by the department using 1985 calendar year costs shall be updated and revised by January 1, 1993.
(d)As used in this section, standardized schedule of rates means a listing of the 14 rate classification levels, and the single rate established for each RCL.
(e)Except as specified in paragraph (1), the department shall determine the RCL for each group home program on a prospective basis, according to the level of care and services that the group home operator projects will be provided during the period of time for which the rate is being established.
(1)(A)(i)For new and existing providers requesting the establishment of an RCL, and for existing group home programs requesting an RCL increase, the department shall determine the RCL no later than 13 months after the effective date of the provisional rate. The determination of the RCL shall be based on a program audit of documentation and other information that verifies the level of care and supervision provided by the group home program during a period of the two full calendar months or 60 consecutive days, whichever is longer, preceding the date of the program audit, unless the group home program requests a lower RCL. The program audit shall not cover the first six months of operation under the provisional rate.
(ii)For audit purposes, if the group home program serves a mixture of AFDC-FC eligible and ineligible children, the weighted hours for child care and social work services provided and the capacity of the group home shall be adjusted by the ratio of AFDC-FC eligible children to all children in placement.
(iii)Pending the departments issuance of the program audit report that determines the RCL for the group home program, the group home program shall be eligible to receive a provisional rate that shall be based on the level of care and service that the group home program proposes it will provide. The group home program shall be eligible to receive only the RCL determined by the department during the pendency of any appeal of the departments RCL determination.
(B)A group home program may apply for an increase in its RCL no earlier than two years from the date the department has determined the group home programs rate, unless the host county, the primary placing county, or a regional consortium of counties submits to the department in writing that the program is needed in that county, that the provider is capable of effectively and efficiently operating the proposed program, and that the provider is willing and able to accept AFDC-FC children for placement who are determined by the placing agency to need the level of care and services that will be provided by the program.
(C)To ensure efficient administration of the departments audit responsibilities, and to avoid the fraudulent creation of records, group home programs shall make records that are relevant to the RCL determination available to the department in a timely manner. Except as provided in this section, the department may refuse to consider, for purposes of determining the rate, any documents that are relevant to the determination of the RCL that are not made available by the group home provider by the date the group home provider requests a hearing on the departments RCL determination. The department may refuse to consider, for purposes of determining the rate, the following records, unless the group home provider makes the records available to the department during the fieldwork portion of the departments program audit:
(i)Records of each employees full name, home address, occupation, and social security number.
(ii)Time records showing when the employee begins and ends each work period, meal periods, split shift intervals, and total daily hours worked.
(iii)Total wages paid each payroll period.
(iv)Records required to be maintained by licensed group home providers under Title 22 of the California Code of Regulations that are relevant to the RCL determination.
(D)To minimize financial abuse in the startup of group home programs, when the departments RCL determination is more than three levels lower than the RCL level proposed by the group home provider, and the group home provider does not appeal the departments RCL determination, the department shall terminate the rate of a group home program 45 days after issuance of its program audit report. When the group home provider requests a hearing on the departments RCL determination, and the RCL determined by the director under subparagraph (E) is more than three levels lower than the RCL level proposed by the group home provider, the department shall terminate the rate of a group home program within 30 days of issuance of the directors decision. Notwithstanding the reapplication provisions in subparagraph (B), the department shall deny any request for a new or increased RCL from a group home provider whose RCL is terminated pursuant to this subparagraph, for a period of no greater than two years from the effective date of the RCL termination.
(E)A group home provider may request a hearing of the departments RCL determination under subparagraph (A) no later than 30 days after the date the department issues its RCL determination. The departments RCL determination shall be final if the group home provider does not request a hearing within the prescribed time. Within 60 days of receipt of the request for hearing, the department shall conduct a hearing on the RCL determination. The standard of proof shall be the preponderance of the evidence and the burden of proof shall be on the department. The hearing officer shall issue the proposed decision within 45 days of the close of the evidentiary record. The director shall adopt, reject, or modify the proposed decision, or refer the matter back to the hearing officer for additional evidence or findings within 100 days of issuance of the proposed decision. If the director takes no action on the proposed decision within the prescribed time, the proposed decision shall take effect by operation of law.
(2)Group home programs that fail to maintain at least the level of care and services associated with the RCL upon which their rate was established shall inform the department. The department shall develop regulations specifying procedures to be applied when a group home fails to maintain the level of services projected, including, but not limited to, rate reduction and recovery of overpayments.
(3)The department shall not reduce the rate, establish an overpayment, or take other actions pursuant to paragraph (2) for any period that a group home program maintains the level of care and services associated with the RCL for children actually residing in the facility. Determinations of levels of care and services shall be made in the same way as modifications of overpayments are made pursuant to paragraph (2) of subdivision (b) of Section 11466.2.
(4)A group home program that substantially changes its staffing pattern from that reported in the group home program statement shall provide notification of this change to all counties that have placed children currently in care. This notification shall be provided whether or not the RCL for the program may change as a result of the change in staffing pattern.
(f)(1)The standardized schedule of rates for the 200203, 200304, 200405, 200506, 200607, and 200708 fiscal years is:
FY 200203, 200304, 200405, 200506, 200607, and 200708 | ||
Rate Classification Level | Point Ranges | Standard Rate |
1 | Under 60 | $1,454 |
2 | 6089 | 1,835 |
3 | 90119 | 2,210 |
4 | 120149 | 2,589 |
5 | 150179 | 2,966 |
6 | 180209 | 3,344 |
7 | 210239 | 3,723 |
8 | 240269 | 4,102 |
9 | 270299 | 4,479 |
10 | 300329 | 4,858 |
11 | 330359 | 5,234 |
12 | 360389 | 5,613 |
13 | 390419 | 5,994 |
14 | 420 & Up | 6,371 |
(2)(A)For group home programs that receive AFDC-FC payments for services performed during the 200203, 200304, 200405, 200506, 200607, 200708, 200809, and 200910 fiscal years, the adjusted RCL point ranges below shall be used for establishing the biennial rates for existing programs, pursuant to paragraph (3) of subdivision (a) and in performing program audits and in determining any resulting rate reduction, overpayment assessment, or other actions pursuant to paragraph (2) of subdivision (e):
Adjusted Point Ranges for the 200203, 200304, | |
Rate Classification Level | 200405, 200506, 200607, 200708, 200809, and 200910 Fiscal Years |
1 | Under 54 |
2 | 5481 |
3 | 82110 |
4 | 111138 |
5 | 139167 |
6 | 168195 |
7 | 196224 |
8 | 225253 |
9 | 254281 |
10 | 282310 |
11 | 311338 |
12 | 339367 |
13 | 368395 |
14 | 396 & Up |
(B)Notwithstanding subparagraph (A), foster care providers operating group homes during the 200203, 200304, 200405, 200506, 200607, 200708, 200809, and 200910 fiscal years shall remain responsible for ensuring the health and safety of the children placed in their programs in accordance with existing applicable provisions of the Health and Safety Code and community care licensing regulations, as contained in Title 22 of the California Code of Regulations.
(C)Subparagraph (A) shall not apply to program audits of group home programs with provisional rates established pursuant to paragraph (1) of subdivision (e). For those program audits, the RCL point ranges in paragraph (1) shall be used.
(D)Rates applicable for the 200910 fiscal year pursuant to the act that adds this subparagraph shall be effective October 1, 2009.
(3)(A)For group home programs that receive AFDC-FC payments for services performed during the 200910 fiscal year the adjusted RCL point ranges below shall be used for establishing the biennial rates for existing programs, pursuant to paragraph (3) of subdivision (a) and in performing program audits and in determining any resulting rate reduction, overpayment assessment, or other actions pursuant to paragraph (2) of subdivision (e):
Rate | Adjusted Point Ranges |
|---|---|
Classification | for the 200910 |
Level | Fiscal Years |
1 | Under 39 |
2 | 3964 |
3 | 6590 |
4 | 91115 |
5 | 116141 |
6 | 142167 |
7 | 168192 |
8 | 193218 |
9 | 219244 |
10 | 245270 |
11 | 271295 |
12 | 296321 |
13 | 322347 |
14 | 348 & Up |
(B)Notwithstanding subparagraph (A), foster care providers operating group homes during the 200910 fiscal year shall remain responsible for ensuring the health and safety of the children placed in their programs in accordance with existing applicable provisions of the Health and Safety Code and community care licensing regulations as contained in Title 22 of the California Code of Regulations.
(C)Subparagraph (A) shall not apply to program audits of group home programs with provisional rates established pursuant to paragraph (1) of subdivision (e). For those program audits, the RCL point ranges in paragraph (1) shall be used.
(g)(1)(A)For the 19992000 fiscal year, the standardized rate for each RCL shall be adjusted by an amount equal to the California Necessities Index computed pursuant to the methodology described in Section 11453. The resultant amounts shall constitute the new standardized schedule of rates, subject to further adjustment pursuant to subparagraph (B).
(B)In addition to the adjustment in subparagraph (A), commencing January 1, 2000, the standardized rate for each RCL shall be increased by 2.36 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new standardized schedule of rates.
(2)Beginning with the 200001 fiscal year, the standardized schedule of rates shall be adjusted annually by an amount equal to the CNI computed pursuant to Section 11453, subject to the availability of funds. The resultant amounts shall constitute the new standardized schedule of rates.
(3)Effective January 1, 2001, the amount included in the standard rate for each Rate Classification Level (RCL) for the salaries, wages, and benefits for staff providing child care and supervision or performing social work activities, or both, shall be increased by 10 percent. This additional funding shall be used by group home programs solely to supplement staffing, salaries, wages, and benefit levels of staff specified in this paragraph. The standard rate for each RCL shall be recomputed using this adjusted amount and the resultant rates shall constitute the new standardized schedule of rates. The department may require a group home receiving this additional funding to certify that the funding was utilized in accordance with the provisions of this section.
(4)Effective January 1, 2008, the amount included in the standard rate for each RCL for the wages for staff providing child care and supervision or performing social work activities, or both, shall be increased by 5 percent, and the amount included for the payroll taxes and other employer-paid benefits for these staff shall be increased from 20.325 percent to 24 percent. The standard rate for each RCL shall be recomputed using these adjusted amounts, and the resulting rates shall constitute the new standardized schedule of rates.
(5)The new standardized schedule of rates as provided for in paragraph (4) shall be reduced by 10 percent, effective October 1, 2009, and the resulting rates shall constitute the new standardized schedule of rates.
(6)The rates of licensed group home providers, whose rates are not established under the standardized schedule of rates, shall be reduced by 10 percent, effective October 1, 2009.
(h)The standardized schedule of rates pursuant to subdivisions (f) and (g) shall be implemented as follows:
(1)Any group home program that received an AFDC-FC rate in the prior fiscal year at or above the standard rate for the RCL in the current fiscal year shall continue to receive that rate.
(2)Any group home program that received an AFDC-FC rate in the prior fiscal year below the standard rate for the RCL in the current fiscal year shall receive the RCL rate for the current year.
(i)(1)The department shall not establish a rate for a new program of a new or existing provider, or for an existing program at a new location of an existing provider, unless the provider submits a letter of recommendation from the host county, the primary placing county, or a regional consortium of counties that includes all of the following:
(A)That the program is needed by that county.
(B)That the provider is capable of effectively and efficiently operating the program.
(C)That the provider is willing and able to accept AFDC-FC children for placement who are determined by the placing agency to need the level of care and services that will be provided by the program.
(D)That, if the letter of recommendation is not being issued by the host county, the primary placing county has notified the host county of its intention to issue the letter and the host county was given the opportunity of 30 days to respond to this notification and to discuss options with the primary placing county.
(2)The department shall encourage the establishment of consortia of county placing agencies on a regional basis for the purpose of making decisions and recommendations about the need for, and use of, group home programs and other foster care providers within the regions.
(3)The department shall annually conduct a county-by-county survey to determine the unmet placement needs of children placed pursuant to Section 300 and Section 601 or 602, and shall publish its findings by November 1 of each year.
(j)The department shall develop regulations specifying ratesetting procedures for program expansions, reductions, or modifications, including increases or decreases in licensed capacity, or increases or decreases in level of care or services.
(k)For the purpose of this subdivision, program change means any alteration to an existing group home program planned by a provider that will increase the RCL or AFDC-FC rate. An increase in the licensed capacity or other alteration to an existing group home program that does not increase the RCL or AFDC-FC rate shall not constitute a program change.
(l)General unrestricted or undesignated private charitable donations and contributions made to charitable or nonprofit organizations shall not be deducted from the cost of providing services pursuant to this section. The donations and contributions shall not be considered in any determination of maximum expenditures made by the department.
(m)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 65.SEC. 72.Section 11462 is added to the Welfare and Institutions Code, to read:11462.(a)The department shall commence development of a new payment structure for short-term residential treatment center program placements claiming Title IV-E funding, 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 all of the following: include:
(A)Specialty Access to 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. 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.
(C)Permanency related services,
(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.
(D)Education and physical, behavioral, and mental health supports, including extracurricular activities and social supports.
(E)Activities designed to support transition-age youth and nonminor dependents in achieving a successful adulthood.
(F)When serving Indian children, as defined in subdivisions (a) and (b) of Section 224.1, the core services described in paragraphs (A) to (E), inclusive, which shall be provided to eligible children consistent with active efforts pursuant to Section 361.7.
(G)(i)Facilitating the identification and, as needed, the approval of resource families pursuant to Section 16519.5, for the purpose of transitioning children and youth to family-based care.
(ii)If a short-term residential treatment center elects to approve and monitor resource families directly, the center shall comply with all laws applicable to foster family agencies, including, but not limited to, those set forth in the Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code).
(iii)For short-term residential treatment centers that elect to approve and monitor resource families directly, the department shall have all the same duties and responsibilities as those centers have for licensed foster family agencies, as set forth in applicable law, including, but not limited to, those set forth in the Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code).
(2)The core services specified in subparagraphs (A) to (G), inclusive, of paragraph (1) are not intended to duplicate services already available to foster children in the community, but to support access to those services and supports to the extent they are already available. Those services and supports may include, but are not limited to, foster youth services available through county offices of education, Indian Health Services, or school-based extra-curricular activities.
(2)
(3)Specialized and intensive treatment supports that encompass the elements of nonmedical care and supervision necessary to meet youth a childs or youths safety and other needs that cannot be met in a family based family-based setting.
(3)
(4)Staff training.
(4)
(5)Health and Safety Code requirements.
(5)
(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.
(6)
(7)Mental health certification, including a requirement to timely report to the department any change in mental health certificate status.
(7)
(8)Maximization of federal financial participation under Title IV-E and Title XIX of the Social Security Act.
(c)The department shall develop a system of governmental monitoring and oversight that shall be carried out in coordination with the State Department of Health Care Services. Oversight responsibilities shall include, but not be limited to, ensuring conformity with federal and state law, including program, fiscal, and health and safety audits and reviews. The state agencies shall attempt to minimize duplicative audits and reviews to reduce the administrative burden on providers.
(d)This section shall become operative on January 1, 2017.
SEC. 66.SEC. 73.Section 11462.001 is added to the Welfare and Institutions Code, immediately following Section 11462, to read:11462.001.(a)(1)Foster care providers licensed as group homes, as defined in departmental regulations, including public child care institutions, as defined in Section 11402.5, shall have rates established by classifying each group home program and applying the standardized schedule of rates. The department shall collect information from group providers in order to classify each group home program.
(2)Notwithstanding paragraph (1), foster care providers licensed as group homes shall have rates established only if the group home is organized and operated on a nonprofit basis as required under subdivision (h) of Section 11400. The department shall terminate the rate of any group home not organized and operated on a nonprofit basis as required under subdivision (h) of Section 11400.
(3)(A)The department shall determine, consistent with the requirements of this chapter and other relevant requirements under law, the rate classification level (RCL) for each group home program on a biennial basis. Submission of the biennial rate application shall be made according to a schedule determined by the department.
(B)The department shall adopt regulations to implement this paragraph. The adoption, amendment, repeal, or readoption of a regulation authorized by this paragraph is deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement to describe specific facts showing the need for immediate action.
(b)A group home program shall be initially classified, for purposes of emergency regulations, according to the level of care and services to be provided using a point system developed by the department and described in the report, The Classification of Group Home Programs under the Standardized Schedule of Rates System, prepared by the State Department of Social Services, August 30, 1989.
(c)The rate for each RCL has been determined by the department with data from the AFDC-FC Group Home Rate Classification Pilot Study.
(d)As used in this section, standardized schedule of rates means a listing of the 14 rate classification levels, and the single rate established for each RCL.
(e)Except as specified in paragraph (1), the department shall determine the RCL for each group home program on a prospective basis, according to the level of care and services that the group home operator projects will be provided during the period of time for which the rate is being established.
(1)(A)(i)For new and existing providers requesting the establishment of an RCL, and for existing group home programs requesting an RCL increase, the department shall determine the RCL no later than 13 months after the effective date of the provisional rate. The determination of the RCL shall be based on a program audit of documentation and other information that verifies the level of care and supervision provided by the group home program during a period of the two full calendar months or 60 consecutive days, whichever is longer, preceding the date of the program audit, unless the group home program requests a lower RCL. The program audit shall not cover the first six months of operation under the provisional rate.
(ii)For audit purposes, if the group home program serves a mixture of AFDC-FC eligible and ineligible children, the weighted hours for child care and social work services provided and the capacity of the group home shall be adjusted by the ratio of AFDC-FC eligible children to all children in placement.
(iii)Pending the departments issuance of the program audit report that determines the RCL for the group home program, the group home program shall be eligible to receive a provisional rate that shall be based on the level of care and service that the group home program proposes it will provide. The group home program shall be eligible to receive only the RCL determined by the department during the pendency of any appeal of the departments RCL determination.
(B)A group home program may apply for an increase in its RCL no earlier than two years from the date the department has determined the group home programs rate, unless the host county, the primary placing county, or a regional consortium of counties submits to the department in writing that the program is needed in that county, that the provider is capable of effectively and efficiently operating the proposed program, and that the provider is willing and able to accept AFDC-FC children for placement who are determined by the placing agency to need the level of care and services that will be provided by the program.
(C)To ensure efficient administration of the departments audit responsibilities, and to avoid the fraudulent creation of records, group home programs shall make records that are relevant to the RCL determination available to the department in a timely manner. Except as provided in this section, the department may refuse to consider, for purposes of determining the rate, any documents that are relevant to the determination of the RCL that are not made available by the group home provider by the date the group home provider requests a hearing on the departments RCL determination. The department may refuse to consider, for purposes of determining the rate, the following records, unless the group home provider makes the records available to the department during the fieldwork portion of the departments program audit:
(i)Records of each employees full name, home address, occupation, and social security number.
(ii)Time records showing when the employee begins and ends each work period, meal periods, split shift intervals, and total daily hours worked.
(iii)Total wages paid each payroll period.
(iv)Records required to be maintained by licensed group home providers under Title 22 of the California Code of Regulations that are relevant to the RCL determination.
(D)To minimize financial abuse in the startup of group home programs, when the departments RCL determination is more than three levels lower than the RCL level proposed by the group home provider, and the group home provider does not appeal the departments RCL determination, the department shall terminate the rate of a group home program 45 days after issuance of its program audit report. When the group home provider requests a hearing on the departments RCL determination, and the RCL determined by the director under subparagraph (E) is more than three levels lower than the RCL level proposed by the group home provider, the department shall terminate the rate of a group home program within 30 days of issuance of the directors decision. Notwithstanding the reapplication provisions in subparagraph (B), the department shall deny any request for a new or increased RCL from a group home provider whose RCL is terminated pursuant to this subparagraph, for a period of no greater than two years from the effective date of the RCL termination.
(E)A group home provider may request a hearing of the departments RCL determination under subparagraph (A) no later than 30 days after the date the department issues its RCL determination. The departments RCL determination shall be final if the group home provider does not request a hearing within the prescribed time. Within 60 days of receipt of the request for hearing, the department shall conduct a hearing on the RCL determination. The standard of proof shall be the preponderance of the evidence and the burden of proof shall be on the department. The hearing officer shall issue the proposed decision within 45 days of the close of the evidentiary record. The director shall adopt, reject, or modify the proposed decision, or refer the matter back to the hearing officer for additional evidence or findings within 100 days of issuance of the proposed decision. If the director takes no action on the proposed decision within the prescribed time, the proposed decision shall take effect by operation of law.
(2)Group home programs that fail to maintain at least the level of care and services associated with the RCL upon which their rate was established shall inform the department. The department shall develop regulations specifying procedures to be applied when a group home fails to maintain the level of services projected, including, but not limited to, rate reduction and recovery of overpayments.
(3)The department shall not reduce the rate, establish an overpayment, or take other actions pursuant to paragraph (2) for any period that a group home program maintains the level of care and services associated with the RCL for children actually residing in the facility. Determinations of levels of care and services shall be made in the same way as modifications of overpayments are made pursuant to paragraph (2) of subdivision (b) of Section 11466.2.
(4)A group home program that substantially changes its staffing pattern from that reported in the group home program statement shall provide notification of this change to all counties that have placed children currently in care. This notification shall be provided whether or not the RCL for the program may change as a result of the change in staffing pattern.
(f)The standardized schedule of rates pursuant to subdivisions (f) and (g) of Section 11462, as that section read on January 1, 2015, shall be implemented as follows:
(1)Any group home program that received an AFDC-FC rate in the prior fiscal year at or above the standard rate for the RCL in the current fiscal year shall continue to receive that rate.
(2)Any group home program that received an AFDC-FC rate in the prior fiscal year below the standard rate for the RCL in the current fiscal year shall receive the RCL rate for the current year.
(g)(1)The department shall not establish a rate for a new program of a new or existing provider, or for an existing program at a new location of an existing provider, unless the provider submits a letter of recommendation from the host county, the primary placing county, or a regional consortium of counties that includes all of the following:
(A)That the program is needed by that county.
(B)That the provider is capable of effectively and efficiently operating the program.
(C)That the provider is willing and able to accept AFDC-FC children for placement who are determined by the placing agency to need the level of care and services that will be provided by the program.
(D)That, if the letter of recommendation is not being issued by the host county, the primary placing county has notified the host county of its intention to issue the letter and the host county was given the opportunity of 30 days to respond to this notification and to discuss options with the primary placing county.
(2)The department shall encourage the establishment of consortia of county placing agencies on a regional basis for the purpose of making decisions and recommendations about the need for, and use of, group home programs and other foster care providers within the regions.
(3)The department shall annually conduct a county-by-county survey to determine the unmet placement needs of children placed pursuant to Section 300 and Section 601 or 602, and shall publish its findings by November 1 of each year.
(h)The department shall develop regulations specifying ratesetting procedures for program expansions, reductions, or modifications, including increases or decreases in licensed capacity, or increases or decreases in level of care or services.
(i)For the purpose of this subdivision, program change means any alteration to an existing group home program planned by a provider that will increase the RCL or AFDC-FC rate. An increase in the licensed capacity or other alteration to an existing group home program that does not increase the RCL or AFDC-FC rate shall not constitute a program change.
(j)General unrestricted or undesignated private charitable donations and contributions made to charitable or nonprofit organizations shall not be deducted from the cost of providing services pursuant to this section. The donations and contributions shall not be considered in any determination of maximum expenditures made by the department.
(k)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.
(l)This section shall become operative on January 1, 2017.
(m)This section shall remain in effect only until January 1, 2018, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, 2019, deletes or extends that date.
SEC. 67.SEC. 74.Section 11462.01 of the Welfare and Institutions Code is amended to read:11462.01.(a)Commencing July 1, 1994, a group home program shall be classified at RCL 13 or RCL 14 if the program meets all of the following requirements:
(1)The group home program is providing, or has proposed to provide, the level of care and services necessary to generate sufficient points in the ratesetting process to be classified at RCL 13 if the rate application is for RCL 13 or to be classified at RCL 14 if the rate application is for RCL 14.
(2)(A)(i)The group home provider shall agree not to accept for placement into a group home program AFDC-FC funded children, including voluntary placements and seriously emotionally disturbed children placed out-of-home pursuant to an individualized education program developed under Article 2 (commencing with Section 56320) of Chapter 4 of Part 3 30 of Division 4 of Title 2 of the Education Code, who have not been approved for placement by an interagency placement committee, as described by Section 4096. The approval shall be in writing and shall indicate that the interagency placement committee has determined that the child is seriously emotionally disturbed and subject to Section 1502.4 of the Health and Safety Code, and that the child needs the level of care provided by the group home.
(ii)For purposes of clause (i), group home providers who accept seriously emotionally disturbed children who are placed out-of-home pursuant to an individualized education program developed under Section 7572.5 of the Government Code Article 2 (commencing with Section 56320) of Chapter 4 of Part 30 of Division 4 of Title 2 of the Education Code shall be deemed to have met the interagency placement committee approval for placement requirements of clause (i) if the individualized education program assessment indicates that the child has been determined to be seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3 and subject to Section 1502.4 of the Health and Safety Code, and needs the level of care described in clause (i).
(B)(i)Nothing in this subdivision shall prevent the emergency placement of a child into a group home program prior to the determination by the interagency placement committee pursuant to clause (i) of subparagraph (A) if a licensed mental health professional, as defined in the departments AFDC-FC ratesetting regulations, has evaluated, in writing, the child within 72 hours of placement, and determined the child to be seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, and in need of the care and services provided by the group home program.
(ii)The interagency placement committee shall, within 30 days of placement pursuant to clause (i), make the determination required by clause (i) of subparagraph (A).
(iii)If, pursuant to clause (ii), the placement is determined to be appropriate, the committee shall transmit the approval, in writing, to the county placing agency and the group home provider.
(iv)If, pursuant to clause (ii) the placement is determined not to be appropriate, the child shall be removed from the group home and referred to a more appropriate placement, as specified in subdivision (f).
(C)Commencing December 15, 1992, with respect to AFDC-FC funded children, only those children who are approved for placement by an interagency placement committee may be accepted by a group home under this subdivision.
(3)The group home program is certified by the State Department of Health Care Services pursuant to Section 4096.5.
(b)The department shall not establish a rate for a group home requesting a program change to RCL 13 or RCL 14 unless the group home provider submits a recommendation from the host county or the primary placing county that the program is needed and that the provider is willing and capable of operating the program at the level sought. For purposes of this subdivision, host county, primary placing county, and program change mean the same as defined in the departments AFDC-FC ratesetting regulations.
(c)The effective date of rates set at RCL 13 or RCL 14 shall be the date that all the requirements are met, but not prior to July 1 of that fiscal year. Nothing in this section shall affect RCL 13 or RCL 14 ratesetting determinations in prior years.
(d)Any group home program that has been classified at RCL 13 or RCL 14 pursuant to the requirements of subdivision (a) shall be reclassified at the appropriate lower RCL with a commensurate reduction in rate if either of the following occurs:
(1)The group home program fails to maintain the level of care and services necessary to generate the necessary number of points for RCL 13 or RCL 14, as required by paragraph (1) of subdivision (a). The determination of points shall be made consistent with the departments AFDC-FC ratesetting regulations for other rate classification levels.
(2)The group home program fails to maintain a certified mental health treatment program as required by paragraph (3) of subdivision (a).
(3)In the event of a determination under paragraph (1), the group home may appeal the finding or submit a corrective action plan. The appeal process specified in Section 11466.6 shall be available to RCL 13 and RCL 14 group home providers. During any appeal, the group home shall maintain the appropriate level of care.
(e)The interagency placement committee shall periodically review, but no less often than that required by current law, the placement of the child. If the committee determines that the child no longer needs, or is not benefiting from, placement in a RCL 13 or RCL 14 group home, the committee shall require the removal of the child and a new disposition.
(f)(1)(A)If, at any time subsequent to placement in an RCL 13 or RCL 14 group home program, the interagency placement committee determines either that the child is not seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, or is not in need of the care and services provided by the group home program, it shall notify, in writing, both the county placing agency and the group home provider within 10 days of the determination.
(B)The county placing agency shall notify the group home provider, in writing, within five days from the date of the notice from the committee, of the countys plan for removal of the child.
(C)The county placing agency shall remove the child from the group home program within 30 days from the date of the notice from the interagency placement committee.
(2)(A)If a county placing agency does not remove a child within 30 days from the date of the notice from the interagency placement committee, the group home provider shall notify the interagency placement committee and the department, in writing, of the countys failure to remove the child from the group home program.
(B)The group home provider shall make the notification required by subparagraph (A) within five days of the expiration of the 30-day removal period. If notification is made, a group home provider shall not be subject to an overpayment determination due to failure of the county placing agency to remove the child.
(3)Any county placing agency that fails to remove a child from a group home program under this paragraph within 30 days from the date of the notice from the interagency placement committee shall be assessed a penalty in the amount of the state and federal financial participation in the AFDC-FC rate paid on behalf of the child commencing on the 31st day and continuing until the child is removed.
(g)(1)If any RCL 13 or RCL 14 group home provider discovers that it does not have written approval for placement of any AFDC-FC funded child placed on or after December 15, 1992, from the interagency placement committee, it shall notify the county placing agency, in writing, and shall request the county to obtain approval from the interagency placement committee or remove the child from the group home program. A group home provider shall have 30 days from the childs first day of placement to discover the placement error and to notify the county placing agency.
(2)Any county placing agency that receives notification pursuant to paragraph (2) of subdivision (f) shall obtain approval for placement from the interagency placement committee or remove the child from the group home program within 30 days from the date of the notice from the group home provider. The program shall not be reclassified to a lower RCL for a violation of the provisions referred to in this paragraph.
(3)(A)If a county placing agency does not have the placement of a child approved by the interagency placement committee or removed from the group home within 30 days from the date of the notice from the group home provider, the group home provider shall notify the county placing agency and the department, in writing, of the countys failure to have the placement of the child approved or remove the child from the group home program.
(B)The group home provider shall make the notification required by subparagraph (A) within five days after the expiration of the 30-day approval or removal period. If notification is made, a group home provider shall not be subject to an overpayment determination due to failure of the county placing agency to remove the child.
(C)Any group home provider that fails to notify the county placing agency pursuant to subparagraph (A) shall be assessed a penalty in the amount of the AFDC-FC rate paid to the group home provider on behalf of the child commencing on the 31st day of placement and continuing until the county placing agency is notified.
(4)Any county placing agency that fails to have the placement of a child approved or to have the child removed from the group home program within 30 days shall be assessed a penalty in the amount of the state and federal financial participation in the AFDC-FC rate paid on behalf of the child commencing on the 31st day of placement and continuing until the child is removed.
(h)The department shall develop regulations to obtain payment of assessed penalties as provided in this section. For audit purposes and the application of penalties for RCL 13 and RCL 14 programs, the department shall apply statutory provisions that were in effect during the period for which the audit was conducted.
(i)(1)Nothing in this subparagraph shall prohibit a group home classified at RCL 13 or RCL 14 for purposes of the AFDC-FC program, from accepting private placements of children.
(2)When a referral is not from a public agency and no public funding is involved, there shall be no requirement for public agency review or determination of need.
(3)Children subject to paragraphs (1) and (2) shall have been assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, and subject to Section 1502.4 of the Health and Safety Code, by a licensed mental health professional, as defined in subdivision (g) of Section 4096.
(j)A child shall not be placed in a group home program classified at an RCL 13 or RCL 14 if the placement is paid for with county-only funds unless the child is assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, subject to Section 1502.4 of the Health and Safety Code, by a licensed mental health professional, as defined in subdivision (g) of Section 4096.
(k)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 68.SEC. 75.Section 11462.01 is added to the Welfare and Institutions Code, to read:11462.01.(a)All A short-term residential treatment centers, and foster family agencies that provide treatment services, shall maintain in good standing the appropriate mental health certification issued by the State Department of Health Care Services or a county to which the department has delegated certification authority pursuant to Section 4096.5, and additionally shall maintain the level of care and services necessary to meet the needs of the children and youth in care. center, as defined in subdivision (ad) of Section 11400 and paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code, may have a program that is certified by the State Department of Health Care Services or by a county mental health plan to which the department has delegated certification authority, pursuant to Section 4096.5, or a program that is not certified, or both. A short-term residential treatment center shall accept for placement children who meet all of the following criteria, subject to the other requirements of subdivisions (b) and (c):
(b)The short-term residential treatment center, as defined in paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code, may accept for placement a child who meets all of the following criteria:
(1)A child who does not require inpatient care in a licensed health facility.
(2)A child who has been assessed as requiring the level of services provided in order to maintain the safety of the child or others due to behaviors that render the child or those around the child unsafe, or that prevent the effective delivery of needed services and supports provided in the childs own home or in other family settings, such as with a relative, guardian, foster family, resource family, or adoptive family, and who meets at least one of the following conditions:
(A)A child who has been 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)A child assessed as seriously emotionally disturbed, as described in Section 5600.3.
(C)A child who has been assessed as requiring the level of services provided in order to meet his or her behavioral or therapeutic needs. In appropriate circumstances, this may include the following children:
(i)A commercially or sexually exploited child.
(ii)A private voluntary placement, if the youth exhibits status offender behavior and if the parents or other relative feel they cannot control the childs behavior and short-term intervention is needed to transition the child back into the home.
(iii)A juvenile sex offender.
(iv)A child who is affiliated with or impacted by a gang.
(1)The child does not require inpatient care in a licensed health facility.
(2)The child has been assessed as requiring the level of services provided in a short-term residential treatment center in order to maintain the safety and well-being of the child or others due to behaviors, including those resulting from traumas, that render the child or those around the child unsafe or at risk of harm, or that prevent the effective delivery of needed services and supports provided in the childs own home or in other family settings, such as with a relative, guardian, foster family, resource family, or adoptive family.
(3)The child meets at least one of the following conditions:
(A)The child has been assessed as meeting the medical necessity criteria for Medi-Cal specialty mental health Early and Periodic Screening, Diagnosis, and Treatment Services, as the criteria are described in Section 1830.210 of Title 9 of the California Code of Regulations.
(B)The child has been assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3.
(C)The child has been assessed as requiring the level of services provided in order to meet his or her behavioral or therapeutic needs. In appropriate circumstances, this may include any of the following:
(i)A commercially sexually exploited child.
(ii)A private voluntary placement, if the youth exhibits status offender behavior, the parents or other relatives feel they cannot control the childs behavior, and short-term intervention is needed to transition the child back into the home.
(iii)A juvenile sex offender.
(iv)A child who is affiliated with, or impacted by, a gang.
(b)A short-term residential treatment center program that is certified by the State Department of Health Care Services, or by a county mental health plan to which the department has delegated certification authority, pursuant to Section 4096.5, shall solely accept for placement, and provide access to mental health services to, children who meet the criteria in paragraphs (1) and (2) of subdivision (a), and meet the conditions of subparagraph (A) or (B) of paragraph (3) of subdivision (a), or both of those subparagraphs. Mental health services are provided directly by the certified program.
(c)A short-term residential treatment center program that is not certified pursuant to Section 4096.5 may accept for placement in that program a child who meets the criteria in paragraphs (1) and (2) of subdivision (a), and meets the conditions of subparagraph (A), (B), or (C) of paragraph (3) of subdivision (a), or any combination of those subparagraphs. A child who meets the conditions of subparagraphs (A) and (B) of paragraph (3) of subdivision (a) may be accepted for placement, if the interagency placement committee determines that a short-term residential treatment facility that is not certified has a program that meets the specific needs of the child and there is a commonality of needs with the other children in the short-term residential treatment center. In this situation, the short-term residential treatment center shall do either of the following:
(1)In the case of a child who is a Medi-Cal beneficiary, arrange for the child to receive specialty mental health services from the county mental health plan.
(2)In all other cases, arrange for the child to receive mental health services.
(c)The licensed
(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, which provides treatment services, may accept for placement may have a program that is certified by the State Department of Health Care Services, or by a county mental health plan to which the department has delegated certification authority, pursuant to Section 1810.435 or 1810.436 of Title 9 of the California Code of Regulations, or a program that is not certified, or both. A program, subject to subdivisions (e) and (f), shall provide access to mental health services to the children. A foster family agency, depending on whether or not it has a certified program, shall provide access to mental health services to children who do not require inpatient care in a licensed health facility and who meet at least any one or more of the following conditions:
(1)A child who has been assessed as meeting the medical necessity criteria for specialty mental health services under the Medi-Cal Early and Periodic Screening, Diagnosis, and Treatment program, benefit, as the criteria are described in Section 1830.210 of Title 9 of the California Code of Regulations.
(2)A child who has been assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3.
(3)A child who has been assessed as requiring the level of services to meet his or her behavioral or therapeutic needs.
(e)A foster family agency that is certified as a provider pursuant to Section 1810.435 or 1810.436 of Title 9 of the California Code of Regulations by the State Department of Health Care Services, or by a county mental health plan to which the department has delegated certification authority, shall provide access to mental health services directly to children in its program who do not require inpatient care in a licensed health facility and who meet the conditions of paragraph (1) or (2) of subdivision (d).
(f)A foster family agency that is not certified as described in subdivision (e) may provide access to mental health services in that program for children who do not require inpatient care in a licensed health facility and who meet the conditions of paragraphs (1) and (2) of subdivision (d). In this situation the foster family agency shall do the following:
(1)In the case of a child who is a Medi-Cal beneficiary, have written interagency protocols in place to arrange for specialty mental health services from the county mental health plan or an organizational provider, as defined in Section 1810.231 of Title 9 of California Code of Regulations.
(2)In all other cases, arrange for the child to receive mental health services.
(g)All short-term residential treatment centers and foster family agencies that operate a certified program shall maintain the level of care and services necessary to meet the needs of the children and youth in their care and shall maintain and have in good standing the appropriate mental health certification issued by the State Department of Health Care Services or a county mental health plan to which the department has delegated certification authority, pursuant to Section 4096.5 of this code or Section 1810.435 or 1810.436 of Title 9 of the California Code of Regulations.
(d)
(h)The assessments described in subparagraphs (A) and (B) of paragraph (2) (3) of subdivision (b) (a) and paragraphs (1) and (2) of subdivision (c), (d), shall be made by all of the following, as applicable:
(1)An interagency placement committee, as described in Section 4096. 4096, considering the recommendations from the child and family team, if any are available.
(2)A licensed mental health professional as defined in subdivision (g) of Section 4096.
(3)For the purposes of this section, an AFDC-FC funded child with 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 that assesses the child as seriously emotionally disturbed, as defined in, and subject to, this section and recommends out-of-home placement at the level of care provided by the provider, shall be deemed to have met the interagency placement committee approval for placement requirements. assessment requirement.
(4)For the purposes of this section, and only for placement into a foster family agency, an AFDC-FC funded child assessed pursuant to subdivision (b) of Section 706.6 or paragraph (2) of subdivision (c) of Section 16501.1, in consultation with a mental health professional, as defined in subdivision (g) of Section 4096.5, shall be deemed to have met the assessment requirement.
(e)
(i)The assessments described in subparagraph (C) of paragraph (2) (3) of subdivision (b) (a) and paragraph (3) of subdivision (c) (d) shall be made pursuant to subdivision (b) of Section 706.6 or paragraph (2) of subdivision (c) of Section 16501.1.
(f)
(j)(1)The provider shall ensure that AFDC-FC funded children children, assessed pursuant to subparagraphs (A) and (B) of paragraph (3) of subdivision (a) or paragraphs (1) and (2) of subdivision (d), who are accepted for placement have been approved for placement by an interagency placement committee, as defined in paragraph (4) of subdivision (a) of Section 16501. described in Section 4096, except as provided for in paragraphs (3) and (4) of subdivision (h).
(2)The approval shall be in writing and shall indicate that the interagency placement committee has determined that the child all of the following:
(A)The child meets the medical necessity criteria for Medi-Cal specialty mental health Early and Periodic Screening, Diagnosis, and Treatment services, as the criteria are described in Section 1830.210 of Title 9 of the California Code of Regulations.
(B)The child is seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, and subject 5600.3.
(C)Subject to Section 1502.4 of the Health and Safety Code, and that the child needs the level of care provided by the provider. program.
(3)(A)Nothing in subdivisions (b) to (e), (a) to (i), inclusive, or this subdivision shall prevent an emergency placement of a child or youth into a certified short-term residential treatment center or foster family agency that provides treatment services program prior to the determination by the interagency placement committee, but only if a licensed mental health professional, as defined in subdivision (g) of Section 4096, has made a written determination within 72 hours of the childs or youths placement, that the child or youth is seriously emotionally disturbed and is in need of the care and services provided by the certified short-term residential treatment center or foster family agency that provides treatment services. agency.
(g)(1)
(i)The interagency placement committee, as appropriate, shall, within 30 days of placement, make the determinations, with recommendations from the child and family team, required by this subdivision.
(2)
(ii)If it determines the placement is appropriate, the interagency placement committee, with recommendations from the child and family team, shall transmit the approval, in writing, to the county placing agency and the short-term residential treatment center or foster family agency that provides treatment services. agency.
(iii)If it determines the placement is not appropriate, the interagency placement committee shall respond pursuant to subparagraph (B).
(3)
(B)If it the interagency placement committee determines at any time that the placement is not appropriate, interagency placement committee, it shall, with recommendations from the child and family team, shall transmit the disapproval, in writing, to the county placing agency and the short-term residential treatment center or foster family agency that provides treatment services, agency, and the child or youth shall be referred to an appropriate placement, as specified in this section.
(h)
(k)Commencing January 1, 2017, for AFDC-FC funded children or youth, only those children or youth who are approved for placement by the interagency placement committee, with recommendations from the child and family team, placement, as set forth in this section, may be accepted by a short-term residential treatment center or foster family agency that provides treatment services. agency.
(i)(1)
(l)The department shall, through regulation, establish consequences for the failure of a short-term residential treatment center, or a foster family agency that provides treatment services, agency, to obtain written approval for placement of an AFDC-FC funded child or youth from the interagency placement committee, in consultation with the County Welfare Directors Association of California, Chief Probation Officers of California, County Behavioral Health Directors Association of California, and stakeholders. pursuant to this section.
(2)The short-term residential treatment center, or foster family agency that provides treatment services, shall be certified by the State Department of Health Care Services or a county to which the department has delegated certification authority pursuant to Section 4096.5.
(j)
(m)The department shall not establish a rate for a short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment unless the provider submits a recommendation from the host county or the primary placing county that the program is needed and that the provider is willing and capable of operating the program at the level sought. For purposes of this subdivision, host county, and primary placing county, mean the same as defined in the departments AFDC-FC ratesetting regulations.
(k)The effective date of rates set for a short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment shall be the date that all the requirements are met.
(l)
(n)Any certified short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment pursuant to subdivision (a) shall be reclassified and paid at the appropriate program rate for which it is qualified if either of the following occurs:
(1)(A)It fails to maintain the level of care and services necessary to meet the needs of the children and youth in care, as required by subdivision (a). The determination shall be made consistent with the departments AFDC-FC ratesetting regulations developed pursuant to Sections 11462 and 11463 and shall take into consideration the highest level of care and associated rates for which the program is eligible.
(B)In the event of a determination under this paragraph, the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment may appeal the finding or submit a corrective action plan. The appeal process specified in Section 11466.6 shall be available to a short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment. During any appeal, the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment shall maintain the appropriate level of care.
(2)It fails to maintain a certified mental health treatment program as required by subdivision (a). (g).
(m)
(o)In addition to any other review required by law, the child and family team as defined in paragraph (4) of subdivision (a) of Section 16501 shall may periodically review the placement of the child or youth. If the child and family team make a recommendation that the child or youth no longer needs, or is not benefiting from, placement in a short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment, agency, or one of its programs, the team shall transmit the disapproval, in writing, to the county placing agency and the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment, and the child or youth shall be referred to an to consider a more appropriate placement.
(n)
(p)The department shall develop a process to address placements when, subsequent to the childs or youths placement, a determination is made by the interagency placement team and shall consider the recommendations of the child and family team, either that the child or youth is not in need of the care and services provided by the certified program. The process shall include, but not be limited to:
(1)Notice of the determination in writing to both the county placing agency and the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment.
(2)Notice of the countys plan, and a time frame, for removal of the child or youth in writing to the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment.
(3)Referral to an appropriate placement.
(4)Actions to be taken if a child or youth is not timely removed from the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment or placed in an appropriate placement.
(o)
(q)(1)Nothing in this section shall prohibit a short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment for purposes of the AFDC-FC program, agency from accepting private placements of children or youth.
(2)When a referral is not from a public agency and no public funding is involved, there is no requirement for public agency review nor determination of need.
(3)Children and youth subject to paragraphs (1) and (2) shall have been determined to be seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, and subject to Section 1502.4 of the Health and Safety Code, by a licensed mental health professional, as defined in subdivision (g) of Section 4096.
(p)
(r)This section shall become operative on January 1, 2017.
SEC. 69.SEC. 76.Section 11462.015 is added to the Welfare and Institutions Code, to read:11462.015.(a)A group home program shall be classified at RCL 13 or RCL 14 if the program meets all of the following requirements:
(1)The group home program is providing, or has proposed to provide, the level of care and services necessary to generate sufficient points in the ratesetting process to be classified at RCL 13 if the rate application is for RCL 13 or to be classified at RCL 14 if the rate application is for RCL 14.
(2)(A)(i)The group home provider shall agree not to accept for placement into a group home program AFDC-FC funded children, including voluntary placements and children who have been assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, 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, who have not been approved for placement by an interagency placement committee, as described by Section 4096.1. The approval shall be in writing and shall indicate that the interagency placement committee has determined that the child is seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, and subject to Section 1502.45 of the Health and Safety Code, and that the child needs the level of care provided by the group home.
(ii)For purposes of clause (i), group home providers who accept children who have been assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, who are assessed and 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 shall be deemed to have met the interagency placement committee approval for placement requirements of clause (i) if the individualized education program assessment indicates that the child has been determined to be seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, and subject to Section 1502.45 of the Health and Safety Code, and needs the level of care described in clause (i).
(B)(i)Nothing in this subdivision shall prevent the emergency placement of a child into a group home program prior to the determination by the interagency placement committee pursuant to clause (i) of subparagraph (A) if a licensed mental health professional, as defined in the departments AFDC-FC ratesetting regulations, has evaluated, in writing, the child within 72 hours of placement, and has determined the child to be seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, and in need of the care and services provided by the group home program.
(ii)The interagency placement committee shall, within 30 days of placement pursuant to clause (i), make the determination required by clause (i) of subparagraph (A).
(iii)If, pursuant to clause (ii), the placement is determined to be appropriate, the committee shall transmit the approval, in writing, to the county placing agency and the group home provider.
(iv)If, pursuant to clause (ii) the placement is determined not to be appropriate, the child shall be removed from the group home and referred to a more appropriate placement, as specified in subdivision (f).
(C)With respect to AFDC-FC funded children, only those children who are approved for placement by an interagency placement committee may be accepted by a group home under this subdivision.
(3)The group home program is certified by the State Department of Health Care Services pursuant to Section 4096.5.
(b)The department shall not establish a rate for a group home requesting a program change to RCL 13 or RCL 14 unless the group home provider submits a recommendation from the host county or the primary placing county that the program is needed and that the provider is willing and capable of operating the program at the level sought. For purposes of this subdivision, host county, primary placing county, and program change mean the same as defined in the departments AFDC-FC ratesetting regulations.
(c)The effective date of rates set at RCL 13 or RCL 14 shall be the date that all the requirements are met, but not prior to July 1 of that fiscal year. Nothing in this section shall affect RCL 13 or RCL 14 ratesetting determinations in prior years.
(d)Any group home program that has been classified at RCL 13 or RCL 14 pursuant to the requirements of subdivision (a) shall be reclassified at the appropriate lower RCL with a commensurate reduction in rate if either of the following occurs:
(1)The group home program fails to maintain the level of care and services necessary to generate the necessary number of points for RCL 13 or RCL 14, as required by paragraph (1) of subdivision (a). The determination of points shall be made consistent with the departments AFDC-FC ratesetting regulations for other rate classification levels.
(2)The group home program fails to maintain a certified mental health treatment program as required by paragraph (3) of subdivision (a).
(3)In the event of a determination under paragraph (1), the group home may appeal the finding or submit a corrective action plan. The appeal process specified in Section 11466.6 shall be available to RCL 13 and RCL 14 group home providers. During any appeal, the group home shall maintain the appropriate level of care.
(e)The interagency placement committee shall periodically review, but no less often than that required by current law, the placement of the child. If the committee determines that the child no longer needs, or is not benefiting from, placement in a RCL 13 or RCL 14 group home, the committee shall require the removal of the child and a new disposition.
(f)(1)(A)If, at any time subsequent to placement in an RCL 13 or RCL 14 group home program, the interagency placement committee determines either that the child is not seriously emotionally disturbed or is not in need of the care and services provided by the group home program, it shall notify, in writing, both the county placing agency and the group home provider within 10 days of the determination.
(B)The county placing agency shall notify the group home provider, in writing, within five days from the date of the notice from the committee, of the countys plan for removal of the child.
(C)The county placing agency shall remove the child from the group home program within 30 days from the date of the notice from the interagency placement committee.
(2)(A)If a county placing agency does not remove a child within 30 days from the date of the notice from the interagency placement committee, the group home provider shall notify the interagency placement committee and the department, in writing, of the countys failure to remove the child from the group home program.
(B)The group home provider shall make the notification required by subparagraph (A) within five days of the expiration of the 30-day removal period. If notification is made, a group home provider shall not be subject to an overpayment determination due to failure of the county placing agency to remove the child.
(3)Any county placing agency that fails to remove a child from a group home program under this paragraph within 30 days from the date of the notice from the interagency placement committee shall be assessed a penalty in the amount of the state and federal financial participation in the AFDC-FC rate paid on behalf of the child commencing on the 31st day and continuing until the child is removed.
(g)(1)If any RCL 13 or RCL 14 group home provider discovers that it does not have written approval for placement of any AFDC-FC funded child from the interagency placement committee, it shall notify the county placing agency, in writing, and shall request the county to obtain approval from the interagency placement committee or remove the child from the group home program. A group home provider shall have 30 days from the childs first day of placement to discover the placement error and to notify the county placing agency.
(2)Any county placing agency that receives notification pursuant to paragraph (2) of subdivision (f) shall obtain approval for placement from the interagency placement committee or remove the child from the group home program within 30 days from the date of the notice from the group home provider. The program shall not be reclassified to a lower RCL for a violation of the provisions referred to in this paragraph.
(3)(A)If a county placing agency does not have the placement of a child approved by the interagency placement committee or removed from the group home within 30 days from the date of the notice from the group home provider, the group home provider shall notify the county placing agency and the department, in writing, of the countys failure to have the placement of the child approved or remove the child from the group home program.
(B)The group home provider shall make the notification required by subparagraph (A) within five days after the expiration of the 30-day approval or removal period. If notification is made, a group home provider shall not be subject to an overpayment determination due to failure of the county placing agency to remove the child.
(C)Any group home provider that fails to notify the county placing agency pursuant to subparagraph (A) shall be assessed a penalty in the amount of the AFDC-FC rate paid to the group home provider on behalf of the child commencing on the 31st day of placement and continuing until the county placing agency is notified.
(4)Any county placing agency that fails to have the placement of a child approved or to have the child removed from the group home program within 30 days shall be assessed a penalty in the amount of the state and federal financial participation in the AFDC-FC rate paid on behalf of the child commencing on the 31st day of placement and continuing until the child is removed.
(h)The department shall develop regulations to obtain payment of assessed penalties as provided in this section. For audit purposes and the application of penalties for RCL 13 and RCL 14 programs, the department shall apply statutory provisions that were in effect during the period for which the audit was conducted.
(i)(1)Nothing in this subdivision shall prohibit a group home classified at RCL 13 or RCL 14 for purposes of the AFDC-FC program, from accepting private placements of children.
(2)When a referral is not from a public agency and no public funding is involved, there shall be no requirement for public agency review or determination of need.
(3)Children subject to paragraphs (1) and (2) shall have been assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, and subject to Section 1502.45 of the Health and Safety Code, by a licensed mental health professional, as defined in subdivision (g) of Section 4096.
(j)A child shall not be placed in a group home program classified at an RCL 13 or RCL 14 if the placement is paid for with county-only funds unless the child is assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, and subject to Section 1502.45 of the Health and Safety Code, by a licensed mental health professional, as defined in subdivision (g) of Section 4096.
(k)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.
(l)This section shall become operative on January 1, 2017.
(m)This section shall remain in effect only until January 1, 2018, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, 2019, deletes or extends that date.
SEC. 70.SEC. 77.Section 11462.02 of the Welfare and Institutions Code is amended to read:11462.02.(a)Notwithstanding paragraph (2) of subdivision (a) of Section 11462, a foster care provider licensed as a group home also may have a rate established if the group home is operated by the County of San Mateo, as provided by subdivision (h) of Section 11400.
(b)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 71.SEC. 78.Section 11462.02 is added to the Welfare and Institutions Code, to read:11462.02.(a)Any existing county-operated foster family agency or group home, including the group home operated by the County of San Mateo, shall, commencing January 1, 2017, be classified as, and shall meet all of the requirements of, a foster family agency or a short-term residential treatment center, as set forth defined respectively in subdivisions (e) (g) and (f) (ad) of Section 11402, 11400, to be eligible to receive AFDC-FC funds.
(b)Notwithstanding any other law, the State Department of Social Services may license a county as a foster family agency or as a short-term residential treatment center.
(c)If a county exercises its option to operate a foster family agency or a short-term residential treatment center, the county shall submit an application and shall comply with the requirements of Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code related to foster family agency programs or a short-term residential treatment center, as applicable.
(d)A county that requests, and is granted, a license for a foster family agency or short-term residential treatment center shall apply for an AFDC-FC rate pursuant to Section 11462 or 11463, as applicable.
(e)As a condition for eligibility for an AFDC-FC rate for a short-term residential treatment center or a foster family agency, the county shall comply with all applicable law concerning a short-term residential treatment center or foster family agency, including, but not limited to, the following provisions related to licensing, rate, audit, due process, enforcement, and overpayment collection:
(1)Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code.
(2)Article 10 (commencing with Section 360) of Chapter 2 of Part 1 of Division 2 of this code.
(3)Article 18 (commencing with Section 725) of Chapter 2 of Part 1 of Division 2 of this code.
(4)Article 22 (commencing with Section 825) of Chapter 2 of Part 1 of Division 2 of this code.
(5)Article 5 (commencing with Section 11400) of Chapter 2 of Part 3 of Division 9 of this code.
(6)Article 6 (commencing with Section 11450) of Chapter 2 of Part 3 of Division 9 of this code.
(f)The state is not obligated under Section 36 of Article XIII of the California Constitution to provide any annual funding to a county to comply with this section; with any regulation, executive order, or administrative order implementing this section; or with any federal statute or regulation related to this section, because the countys operation of a licensed short-term residential treatment center or foster family agency is optional for the county and is not required by this section.
(g)Counties licensed to operate a foster family agency or short-term residential treatment center shall, as a condition to receiving payment, ensure that its conflict-of-interest mitigation plan, submitted to the department pursuant to subdivision (b) (d) of Section 1506.1 and subdivision (c) (d) of Section 1562.01 of the Health and Safety Code, addresses, but is not limited to, the following:
(1)A decision to place children and youth in a county-operated facility when alternative appropriate placement options exist.
(2)The reporting by county staff to the department or other agencies of observed noncompliant conditions or health and safety concerns in county-operated foster family agencies or short-term residential treatment centers.
(3)The cross-reporting of reports received from mandatory child abuse and neglect reporters involving county-operated foster family agencies and short-term residential treatment center programs.
(4)Disclosures of fatalities and near fatalities of children placed in county-operated foster family agencies and short-term residential treatment centers.
(h)This section shall become operative on January 1, 2017.
SEC. 72.SEC. 79.Section 11462.021 is added to the Welfare and Institutions Code, to read:11462.021.(a)Notwithstanding paragraph (2) of subdivision (a) of Section 11462, a foster care provider licensed as a group home also may have a rate established if the group home is operated by the County of San Mateo, as provided by subdivision (h) of Section 11400.
(b)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.
(c)This section shall become operative on January 1, 2017.
(d)This section shall remain in effect only until January 1, 2018, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, 2019, deletes or extends that date.
SEC. 73.SEC. 80.Section 11462.022 is added to the Welfare and Institutions Code, to read:11462.022.(a)Upon meeting the licensure requirements pursuant to Section 1530.8 of the Health and Safety Code, a county child welfare agency operating a temporary shelter care facility, as defined in Section 1530.8 of the Health and Safety Code, shall comply with this section.
(b)Prior to detaining the child in the temporary shelter care facility, the child welfare agency shall make reasonable efforts, consistent with current law, to place the child with a relative, tribal member, nonrelative extended family member, or in a licensed, certified, approved or tribally approved foster family home or approved resource family. When the child welfare agency has reason to believe that the child is or may be an Indian child, the agency shall make active efforts to comply with the federal Indian Child Welfare Act placement preferences, as required by subdivision (k) of Section 361.31.
(c)A child may be detained or placed in a temporary shelter care facility only for the duration necessary to enable the county placing agency to perform the required assessments and to appropriately place the child.
(d)Upon admission, the temporary shelter care facility shall provide each child with health, mental health, and developmental screenings, as applicable. Commencing when a child is admitted into a temporary shelter care facility, and continuing until the childs discharge from the facility, the county welfare agency shall continuously strive to identify and place the child in an appropriate licensed or approved home or facility.
(e)The temporary shelter care facility shall ensure that the following services, at a minimum, are identified in the facilitys plan of operation and are available to children detained at the facility:
(1)Medical, developmental, behavioral, and mental health assessments based on the information obtained through the screenings required pursuant to subdivision (d).
(2)Based on the screening, assessments, and other information obtained about the child, identification of the appropriate placement resources that meet the childs needs.
(3)Trauma-informed services and interventions.
(4)Crisis intervention services.
(5)Care and supervision provided by trauma-informed trained and qualified staff.
(6)Referrals to and coordination with service providers who can meet the medical, developmental, behavioral, or mental health needs of the child identified upon admission.
(7)Educational services to ensure the childs educational progress, including efforts to maintain the child in his or her school of origin if practical.
(8)Visitation services, including the ability to provide court-ordered, supervised visitation.
(9)Structured indoor and outdoor activities, including recreational and social programs.
(10)Transportation and other forms of support to ensure, to the extent possible, the childs ability to attend and participate in important milestone events.
(11)Mentorship and peer support-type programs.
(f)(1)In no case shall the detention or placement in a temporary shelter care facility exceed 10 calendar days. For any stay that exceeds 10 calendar days, the child welfare agency shall submit a written report to the department, within 24 hours of an overstay, that shall include a description of the reasons and circumstances for the childs overstay, and shall be signed by the county child welfare agency director or his or her designee. The department may choose not to issue a citation to the county for a violation of the 10-day placement limit when, based on the information contained in the report, the overstay is reasonable and the county is complying with subdivision (d).
(2)The child welfare agency may permit any child or youth to access assessment and other services described in subdivision (d) or (e) while in an out-of-home placement.
(3)To ensure the protection of children placed in temporary shelter care facilities, the child welfare agency shall separate children placed in temporary shelter care facilities pursuant to subdivision (b) from children returning to the shelter due to a failed placement, when possible, when circumstances warrant that separation. Temporary shelters shall staff as necessary to adequately supervise children to ensure an appropriate environment for all children present.
(g)At the request of the county, the department shall provide technical assistance necessary for the implementation of this section.
(h)The department, in consultation with the counties, shall provide a report to the Legislature no later than January 1, 2021, that shall include the number of children and youth served by temporary shelter care facilities, characteristics of children detained in these facilities, and whether there is a continued need for the licensing and operation of temporary shelter care facilities.
SEC. 74.SEC. 81.Section 11462.04 of the Welfare and Institutions Code is amended to read:11462.04.(a)Notwithstanding any other law, no new group home rate or change to an existing rate shall be established pursuant to Section 11462. An application shall not be accepted or processed for any of the following:
(1)A new program.
(2)A new provider.
(3)A program change, such as a rate classification level (RCL) increase.
(4)A program capacity increase.
(5)A program reinstatement.
(b)Notwithstanding subdivision (a), the department may grant exceptions as appropriate on a case-by-case basis, based upon a written request and supporting documentation provided by county placing agencies, including county welfare or probation directors.
(c)(1)For the 201213, 201314, and 201415 fiscal years, notwithstanding subdivision (b), for any program below RCL 10, the only exception that may be sought and granted pursuant to this section is for an application requesting a program change, such as an RCL increase. The authority to grant other exceptions does not apply to programs below RCL 10 during these fiscal years.
(2)Notwithstanding paragraph (1), commencing January 1, 2017, no exception shall be granted for any program below RCL 10.
(d)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 75.SEC. 82.Section 11462.04 is added to the Welfare and Institutions Code, to read:11462.04.(a)Notwithstanding any other law, commencing January 1, 2017, no new group home rate or change to an existing rate shall be established pursuant to the Rate Classification Level (RCL) system.
(b)Notwithstanding subdivision (a), the department may grant an exception as appropriate, on a case-by-case basis, when a written request and supporting documentation are provided by a county placing agency, including a county welfare or probation director, that absent the granting of that exception, there is a material risk to the welfare of children due to an inadequate supply of appropriate alternative placement options to meet the needs of children.
(c)For group homes being paid under the RCL system, and those granted an exception pursuant to paragraph (b), group home rates shall terminate on December 31, 2016, unless granted an extension under the exception process in subdivision (d).
(d)A group home may request an exception to extend its rate as follows:
(1)The department may grant an extension for up to one year, two years, through December 31, 2017, 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 11462.041, the department may grant an extension to a group home beyond December 31, 2017, to be reviewed every six months, on an individual case-by-case basis, when 2018, upon a provider submitting a written request and supporting the county probation department providing documentation are provided by a county chief probation officer, that, absent granting 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 short-term residential treatment centers or resources 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 providers 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.
(e)Upon termination of an existing group home rate under the RCL system, a new rate shall not be paid until an application is approved and a rate is granted by the department pursuant to Section 11462 as a short-term residential treatment center or pursuant to Section 11463 as a foster family agency.
(f)The department shall, in the development of the new rate structures, consider and provide for placement of all children who are displaced as a result of reclassification of treatment facilities.
(g)This section shall become operative on January 1, 2017.
SEC. 76.SEC. 83.Section 11462.041 is added to the Welfare and Institutions Code, to read:11462.041.(a)The Legislature recognizes that group homes are one of the primary placement options utilized by probation departments to avoid inappropriate housing of youth in a detention hall, more so since the 2007 realignment of most juvenile offenders from state supervision to county supervision. In order to further improve outcomes for these youth, targeted efforts will be required at the state and local levels to create sufficient capacity in home-based family care and in short-term residential treatment centers in order to serve these youth safely in the least restrictive, family-based settings, whenever possible. This increased capacity is needed in both the number of related and unrelated family-based caregivers, in the caregivers ability to meet the needs of probation youth, and in the services and supports available to these caregivers. Additionally, there must be sufficient capacity in short-term residential treatment centers to meet the needs of probation youth and ensure public safety.
(b)To meet the capacity needs described in subdivision (a), commencing on January 1, 2016, county probation departments shall do all of the following:
(1)Work with group home providers to develop short-term residential treatment center programs that meet the treatment needs of probation supervised youth in foster care.
(2)Work with foster family agencies and other community-based organizations to develop strategies to recruit, retain, and support specialized foster homes for probation youth.
(3)Work with the department on strategies to identify, engage, and support relative caregivers.
(4)Work with the department to define probation youth outcome measures to be collected and analyzed to assess implementation of this act.
(c)To support the activities described in subdivision (b), commencing on January 1, 2016, the department, in consultation with the Chief Probation Officers of California, shall do all of the following:
(1)Work with providers, courts, and county probation departments to develop capacity for home-based family care.
(2)Work with short-term residential treatment centers and foster family agencies to address the treatment needs of specific probation populations, including, but not limited to, sex offenders, youth with gang affiliations, youth who currently are placed out of state, and youth with mental illness.
(3)Develop appropriate rate structures to support probation foster youth in home-based family care.
(4)Identify strategies to address the systemic challenges specific to small and rural counties in meeting the needs of probation foster youth in need of placement or treatment services.
(5)Provide technical assistance to existing group home providers interested in serving probation youth during the transition to the short-term residential treatment center or foster family agency models outlined in this act.
(6)Provide technical assistance related to implementation of this section to any requesting county probation department.
(d)Beginning January 1, 2018, the department, in consultation with the Chief Probation Officers of California, shall assess the capacity and quality of placement options for probation youth in foster care, including home-based family care and short-term residential treatment centers. This assessment shall include:
(1)The number and type of placement options.
(2)Whether short-term residential treatment centers have developed programming tailored to address the propensity of probation youth to run away.
(3)The degree to which foster family agencies, community-based service providers, and county probation departments have developed the programs and services necessary to recruit, retain, and support foster families and relative caregivers serving foster youth supervised by probation departments.
(4)Any need for additional training and technical assistance to be provided to short-term residential treatment centers or foster family agency providers.
(e)The department, in consultation with the Chief Probation Officers of California and the counties, shall provide an interim report, pursuant to Section 9795 of the Government Code, to the Legislature no later than January 10, 2019, and a final report, pursuant to Section 9795 of the Government Code, to the Legislature no later than January 10, 2021, which shall include the number of youth served in home-based family care, in short-term residential treatment centers, and in group homes, characteristics of youth in these placement types, and whether there is a continued need for probation placement in group homes. The reports also shall provide recommendations on any further technical assistance and training, if needed, to facilitate county probation departments, county child welfare departments, DSS, and providers in strengthening the continuum of care for justice-involved youth.
SEC. 77.SEC. 84.Section 11463 of the Welfare and Institutions Code is amended to read:11463.(a)(1)The department, with the advice, assistance, and cooperation of the counties and foster care providers, shall develop, implement, and maintain a ratesetting system for foster family agencies.
(2)No county shall be reimbursed for any percentage increases in payments, made on behalf of AFDC-FC funded children who are placed with foster family agencies, that exceed the percentage cost-of-living increase provided in any fiscal year beginning on January 1, 1990, as specified in subdivision (c) of Section 11461.
(b)The department shall develop regulations specifying the purposes, types, and services of foster family agencies, including the use of those agencies for the provision of emergency shelter care. A distinction, for ratesetting purposes, shall be drawn between foster family agencies that provide treatment of children in foster families and those that provide nontreatment services.
(c)The department shall develop and maintain regulations specifying the procedure for the appeal of department decisions about the setting of an agencys rate.
(d)On and after July 1, 1998, the schedule of rates, and the components used in the rate calculations specified in the departments regulations, for foster family agencies shall be increased by 6 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new schedule of rates for foster family agencies.
(e)(1)On and after July 1, 1999, the schedule of rates and the components used in the rate calculations specified in the departments regulations for foster family agencies shall be adjusted by an amount equal to the California Necessities Index computed pursuant to Section 11453, rounded to the nearest dollar, subject to the availability of funds. The resultant amounts shall constitute the new schedule of rates for foster family agencies, subject to further adjustment pursuant to paragraph (2).
(2)In addition to the adjustment specified in paragraph (1), commencing January 1, 2000, the schedule of rates and the components used in the rate calculations specified in the departments regulations for foster family agencies shall be increased by 2.36 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new schedule of rates for foster family agencies.
(f)For the 19992000 fiscal year, foster family agency rates that are not determined by the schedule of rates set forth in the departments regulations, shall be increased by the same percentage as provided in subdivision (e).
(g)(1)For the 200001 fiscal year and each fiscal year thereafter, the foster family agency rate shall be supplemented by one hundred dollars ($100) for clothing per year per child in care, subject to the availability of funds. The supplemental payment shall be used to supplement, and shall not be used to supplant, any clothing allowance paid in addition to the foster family agency rate.
(2)Notwithstanding paragraph (1), commencing with the 201213 fiscal year, and each fiscal year thereafter, no supplemental clothing allowance shall be provided, because the rate issued in accordance with paragraph (1) of subdivision (m) takes the cost of clothing into account.
(h)In addition to the adjustment made pursuant to subdivision (e), the component for social work activities in the rate calculation specified in the departments regulations for foster family agencies shall be increased by 10 percent, effective January 1, 2001. This additional funding shall be used by foster family agencies solely to supplement staffing, salaries, wages, and benefit levels of staff performing social work activities. The schedule of rates shall be recomputed using the adjusted amount for social work activities. The resultant amounts shall constitute the new schedule of rates for foster family agencies. The department may require a foster family agency receiving this additional funding to certify that the funding was utilized in accordance with the provisions of this section.
(i)The increased rate provided by subparagraph (C) of paragraph (1) of subdivision (d) of Section 11461 shall not be used to compute the monthly amount that may be paid to licensed foster family agencies for the placement of children in certified foster homes.
(j)The total foster family agency rate by age group in effect as of January 1, 2008, paid to licensed foster family agencies for the placement of children in certified foster family homes, shall be reduced by 10 percent, effective October 1, 2009. The foster family agency shall have flexibility in applying the reduction, however, nothing shall be deducted from the child base rate, as defined in departmental regulations. When the rate is restored to at least the rate in effect on September 1, 2009, the director shall issue the declaration described in Section 1506.3 of the Health and Safety Code.
(k)Effective October 1, 2009, the total foster family agency rate by age group, in effect for those agency rates that are not determined by the schedule of rates set forth in the departments regulations, shall be reduced by the same percentage and in the same manner as provided for in subdivision (j).
(l)(1)The department shall determine, consistent with the requirements of this section and other relevant requirements under law, the rate category for each foster family agency on a biennial basis. Submission of the biennial rate application shall be according to a schedule determined by the department.
(2)The department shall adopt regulations to implement this subdivision. The adoption, amendment, repeal, or readoption of a regulation authorized by this subdivision is deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement to describe specific facts showing the need for immediate action.
(m)(1)On and after July 1, 2012, the basic rate payment that shall be made to the certified parent pursuant to this section for care and supervision of a child who is living in a certified home of a foster family agency, as defined in Section 11400, shall equal the basic rate for children based in a licensed or approved home, as specified in paragraph (1) of subdivision (g) of Section 11461.
(2)The basic rate payment to the certified parent made pursuant to paragraph (1) shall be adjusted annually on July 1, by the annual percentage change in the California Necessities Index, in accordance with paragraph (2) of subdivision (g) of Section 11461. The adjustment in this paragraph shall be in lieu of any adjustment pursuant to subdivision (e).
(n)Notwithstanding any other law, the changes to the basic rate payment specified in subdivision (m) shall not change the remaining components of the foster family agency rate. The new foster family agency rate shall be increased only by the amounts specified pursuant to subdivision (m). The resulting amounts shall constitute the new schedule of rates for foster family agencies, which shall be issued by all-county letters or similar instructions from the department.
(o)Beginning in the 201112 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
(p)(1)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific the changes to this section made by the act that added this section, and amend and repeal regulations and orders subject to this section and adopted by the department by means of all-county letters or similar instructions from the department until regulations are adopted. The department shall adopt emergency regulations no later than July 1, 2014. The department may readopt any emergency regulation authorized by this section that is the same as, or substantially equivalent to, an emergency regulation previously adopted under this section.
(2)The initial adoption of emergency regulations pursuant to this section and one readoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and each shall remain in effect for no more than 180 days, by which time final regulations may be adopted.
(q)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 78.SEC. 85.Section 11463 is added to the Welfare and Institutions Code, to read:11463.(a)The department shall commence development of a new payment structure for the Title IV-E funded foster family agency placement option that maximizes federal funding, in consultation with county placing agencies.
(b)The department shall develop a payment system for foster family agencies that provide nontreatment, treatment, intensive treatment, and therapeutic foster care programs, and shall consider all of the following factors:
(1)Administrative activities that are eligible for federal financial participation provided, at county request, for and to 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 all of the following: 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. 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. 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.
(C)Permanency related services,
(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.
(D)Education and physical, behavioral, and mental health supports, including extracurricular activities and social supports.
(E)Activities designed to support transition-age youth and nonminor dependents in achieving a successful adulthood.
(F)When serving Indian children, as defined in subdivisions (a) and (b) of Section 224.1, the core services specified in paragraphs 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, 5600.3, including those placed out-of-home pursuant to an individualized education program developed under Chapter 26.5(commencing with Section 7570) of Division 7 of Title 1 of the Government Code. 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 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)The department shall consider the impact on children and youth being transitioned to alternate programs as a result of the new ratesetting system.
(e) This section shall become operative on January 1, 2017.
SEC. 79.SEC. 86.Section 11463.01 is added to the Welfare and Institutions Code, immediately after Section 11463, to read:11463.01.(a)(1)The department, with the advice, assistance, and cooperation of the counties and foster care providers, shall develop, implement, and maintain a ratesetting system for foster family agencies.
(2)No county shall be reimbursed for any percentage increases in payments, made on behalf of AFDC-FC funded children who are placed with foster family agencies, that exceed the percentage cost-of-living increase provided in any fiscal year, as specified in subdivision (c) of Section 11461.
(b)The department shall develop regulations specifying the purposes, types, and services of foster family agencies, including the use of those agencies for the provision of emergency shelter care.
(c)The department shall develop and maintain regulations specifying the procedures for the appeal of department decisions about the setting of an agencys rate.
(d)No supplemental clothing allowance shall be provided, because the rate issued in accordance with paragraph (1) of subdivision (g) takes the cost of clothing into account.
(e)The schedule of rates for foster family agencies as set forth in Section 11463, as that section read on January 1, 2015, shall apply for purposes of, and may be modified pursuant to, this section.
(f)(1)The department shall determine, consistent with the requirements of this section and other relevant requirements under law, the rate category for each foster family agency on a biennial basis. Submission of the biennial rate application shall be according to a schedule determined by the department.
(2)The department shall adopt regulations to implement this subdivision. The adoption, amendment, repeal, or readoption of a regulation authorized by this subdivision is deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement to describe specific facts showing the need for immediate action.
(g)(1)The basic rate payment that shall be made to the certified parent pursuant to this section for care and supervision of a child who is living in a certified home of a foster family agency, as defined in Section 11400, shall equal the basic rate for children placed in a licensed or approved home, as specified in paragraph (1) of subdivision (g) of Section 11461.
(2)The basic rate payment to the certified parent made pursuant to paragraph (1) shall be adjusted annually on July 1, by the annual percentage change in the California Necessities Index, in accordance with paragraph (2) of subdivision (g) of Section 11461. The adjustment in this paragraph shall be in lieu of any adjustment pursuant to subdivision (e) of Section 11463, as that section read on January 1, 2015.
(h)Notwithstanding any other law, the changes to the basic rate payment specified in subdivision (g) shall not change the remaining components of the foster family agency rate. The new foster family agency rate shall be increased only by the amounts specified pursuant to subdivision (g). The resulting amounts shall constitute the new schedule of rates for foster family agencies, which shall be issued by all-county letters or similar instructions from the department.
(i)For each fiscal year, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
(j)(1)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific the changes to this section made by the act that added this section, and amend and repeal regulations and orders subject to this section and adopted by the department by means of all-county letters or similar instructions from the department until regulations are adopted. The department shall adopt emergency regulations no later than July 1, 2016. The department may readopt any emergency regulation authorized by this section that is the same as, or substantially equivalent to, an emergency regulation previously adopted under this section.
(2)The initial adoption of emergency regulations pursuant to this section and one readoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and each shall remain in effect for no more than 180 days, by which time final regulations may be adopted.
(k)This section shall only apply to a foster family agency that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11463.1.
(l)This section shall become operative on January 1, 2017.
(m)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 80.SEC. 87.Section 11463.1 is added to the Welfare and Institutions Code, to read:11463.1.(a)Notwithstanding any other law, commencing January 1, 2017, no new foster family agency shall be established pursuant to the rate in effect through December 31, 2016.
(b)Notwithstanding subdivision (a), the department may grant an exception as appropriate, on a case-by-case basis, when a written request and supporting documentation are provided by a county placing agency, including a county welfare or probation director, that absent the granting of that exception, there is a material risk to the welfare of children due to an inadequate supply of appropriate alternative placement options to meet the needs of children 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 may request an exception to extend its rate as follows:
(1)The department may grant an extension for up to one year, two years, through December 31, 2017, 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, 2018, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, 2019, deletes or extends that date.
SEC. 81.SEC. 88.Section 11465 of the Welfare and Institutions Code is amended to read:11465.(a)When a child is living with a parent who receives AFDC-FC or Kin-GAP benefits, the rate paid to the provider on behalf of the parent shall include an amount for care and supervision of the child.
(b)For each category of eligible licensed community care facility, as defined in Section 1502 of the Health and Safety Code, the department shall adopt regulations setting forth a uniform rate to cover the cost of care and supervision of the child in each category of eligible licensed community care facility.
(c)(1)On and after July 1, 1998, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 6 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate.
(2)(A)On and after July 1, 1999, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be adjusted by an amount equal to the California Necessities Index computed pursuant to Section 11453, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate, subject to further adjustment pursuant to subparagraph (B).
(B)In addition to the adjustment specified in subparagraph (A), on and after January 1, 2000, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 2.36 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate.
(3)Subject to the availability of funds, for the 200001 fiscal year and annually thereafter, these rates shall be adjusted for cost of living pursuant to procedures in Section 11453.
(4)On and after January 1, 2008, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 5 percent, rounded to the nearest dollar. The resulting amount shall constitute the new uniform rate.
(d)(1)Notwithstanding subdivisions (a) to (c), inclusive, the payment made pursuant to this section for care and supervision of a child who is living with a teen parent in a whole family foster home, as defined in Section 11400, shall equal the basic rate for children placed in a licensed or approved home as specified in subdivisions (a) to (d), inclusive, and subdivision (g), of Section 11461.
(2)(A)The amount paid for care and supervision of a dependent infant living with a dependent teen parent receiving AFDC-FC benefits in a group home placement shall equal the infant supplement rate for group home placements.
(B)Commencing January 1, 2017, the amount paid for care and supervision of a dependent infant living with a dependent teenage parent receiving AFDC-FC benefits in a short-term residential treatment center shall equal the infant supplement rate for short-term residential treatment centers established by the department.
(3)(A)The caregiver shall provide the county child welfare agency or probation department with a copy of the shared responsibility plan developed pursuant to Section 16501.25 and shall advise the county child welfare agency or probation department of any subsequent changes to the plan. Once the plan has been completed and provided to the appropriate agencies, the payment made pursuant to this section shall be increased by an additional two hundred dollars ($200) per month to reflect the increased care and supervision while he or she is placed in the whole family foster home.
(B)A nonminor dependent parent residing in a supervised independent living placement, as defined in subdivision (w) of Section 11400, who develops a written parenting support plan pursuant to Section 16501.26 shall provide the county child welfare agency or probation department with a copy of the plan and shall advise the county child welfare agency or probation department of any subsequent changes to the plan. The payment made pursuant to this section shall be increased by an additional two hundred dollars ($200) per month after all of the following have been satisfied:
(i)The plan has been completed and provided to the appropriate county agency.
(ii)The plan has been approved by the appropriate county agency.
(iii)The county agency has determined that the identified responsible adult meets the criteria specified in Section 16501.27.
(4)In a year in which the payment provided pursuant to this section is adjusted for the cost of living as provided in paragraph (1) of subdivision (c), the payments provided for in this subdivision shall also be increased by the same procedures.
(5)A Kin-GAP relative who, immediately prior to entering the Kin-GAP program, was designated as a whole family foster home shall receive the same payment amounts for the care and supervision of a child who is living with a teen parent they received in foster care as a whole family foster home.
(6)On and after January 1, 2012, the rate paid for a child living with a teen parent in a whole family foster home as defined in Section 11400 shall also be paid for a child living with a nonminor dependent parent who is eligible to receive AFDC-FC or Kin-GAP pursuant to Section 11403.
SEC. 82.SEC. 89.Section 11466 is added to the Welfare and Institutions Code, to read:11466.For the purposes of this section to Section 114691.1, inclusive, provider shall mean a group home, short-term residential treatment center, a foster family agency that provides treatment services, and similar foster care business entities.
SEC. 90.Section 11466.2 of the Welfare and Institutions Code is amended to read:11466.2.(a)(1)The department shall perform or have performed group home program and fiscal audits as needed. Group home programs shall maintain all child-specific, programmatic, personnel, fiscal, and other information affecting group home ratesetting and AFDC-FC payments for a period not less than five years.
(2)Notwithstanding paragraph (1), the department shall not establish an overpayment based upon a nonprovisional program audit conducted on less than a one-year audit period.
(3)Notwithstanding paragraph (2), the department may conduct audits covering a period of less than 12 months. Based upon the findings of these audits, the department may reduce a group home programs AFDC-FC rate or RCL pursuant to this paragraph.
(A)In an audit of a period of less than 12 months, if a providers audited RCL is no more than three levels below the paid RCL, the providers rate and RCL will be reduced to the audited RCL. The provider will be allowed the opportunity to bring a program into compliance with the paid RCL.
(B)In an audit of a period of less than 12 months, if the providers audited RCL is more than three levels below the paid RCL, the department shall conduct an audit as identified in paragraph (2) of subdivision (a) of Section 11466.2. The provider will be allowed the opportunity to bring a program into compliance with the paid RCL.
(C)For audit purposes, when the group home program serves a mixture of AFDC-FC eligible and ineligible children, the weighted hours for child care and social work services provided and the capacity of the group home shall be adjusted by the ratio of AFDC-FC eligible children to all children in placement.
(D)A group home provider may request a hearing of the departments RCL determination under subparagraph (A) no later than 30 days after the date the department issues its RCL determination. The departments RCL determination shall be final if the group home provider does not request a hearing within the prescribed time. Within 60 days of receipt of the request for hearing, the department shall conduct a hearing on the RCL determination. The standard of proof shall be the preponderance of the evidence and the burden of proof shall be on the department. The hearing officer shall issue the proposed decision within 45 days of the close of the evidentiary record. The director shall adopt, reject, or modify the proposed decision, or refer the matter back to the hearing officer for additional evidence or findings within 100 days of issuance of the proposed decision. If the director takes no action on the proposed decision within the prescribed time, the proposed decision shall take effect by operation of law.
(b)(1)The department shall develop regulations to correct a group home programs RCL, and to adjust the rate and to recover any overpayments resulting from an overstatement of the projected level of care and services.
(2)The department shall modify the amount of the overpayment pursuant to paragraph (1) in cases where the level of care and services provided per child in placement equals or exceeds the level associated with the programs RCL. In making this modification, the department shall determine whether services other than child care supervision were provided to children in placement in an amount that is at least proportionate, on a per child basis, to the amount projected in the group homes rate application. In cases where these services are provided in less than a proportionate amount, staffing for child care supervision in excess of its proportionate share shall not be substituted for nonchild care supervision staff hours.
(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 departments 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 group home 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 found are explained and the opportunity exists for providers to respond. The department shall adopt regulations specifying the procedure for the appeal of audit findings.
(d)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 91.Section 11466.2 is added to the Welfare and Institutions Code, 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)A provider may request a hearing of the departments audit determination under this section no later than 30 days after the date the department issues its audit determination. The departments 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 programs 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 departments 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. 83.SEC. 92.Section 11466.21 of the Welfare and Institutions Code is amended to read:11466.21.(a)In accordance with subdivision (b), as a condition to receive an AFDC-FC rate for a program including, but not limited to, a group home, a foster family agency that provides treatment services, or a short-term residential treatment center, and other similar business entities providing foster care, the following shall apply:
(1)Any provider who expends in combined federal funds an amount at or above the federal funding threshold in accordance with the federal Single Audit Act, as amended, and Section 200.501 of Title 2 of the Code of Federal Regulations shall arrange to have a financial audit conducted on an annual basis, and shall submit the annual financial audit to the department in accordance with regulations adopted by the department. department, all-county letter, or similar written instructions.
(2)Any provider who expends in combined federal funds an amount below the federal funding threshold in accordance with the federal Single Audit Act, as amended, and Section 200.501 of Title 2 of the Code of Federal Regulations shall annually submit to the department a financial audit on its most recent fiscal period at least once every three years. period. The department shall provide timely notice to the providers of the date that submission of the financial audit is required. That date of submission of the financial audit shall be established in accordance with regulations adopted by the department.
(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 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 that becomes effective on or after July 1, 2000, 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 providers submission to the department of an acceptable financial audit.
(3)Effective July 1, 2000, a 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 providers next full fiscal year of operation. The provider shall submit the financial audit to the department in accordance with subdivision (a).
(4)Repeated late financial audits may result in monetary penalties or termination of the providers rate as set forth in regulation, all-county letter, or similar written directive by the department.
(c)The department shall implement this section through the adoption of emergency regulations. issue a management decision letter on audit findings 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.
SEC. 84.SEC. 93.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 that provide treatment services, agencies, receive the level of care and supervision commensurate with the programs paid rate.
(b)For the purposes of this section, a provider is a licensee of an AFDC-FC program listed in Section 11402, including, but not limited to, a group home, short-term residential treatment center, foster family agency that provides treatment services, or a similar business entity, receiving foster care maintenance payments under the AFDC-FC program. The department may collect a sustained overpayment from the party responsible for the sustained overpayment, regardless of whether the party remains in the business of providing any AFDC-FC programs, and regardless of whether the provider remains licensed by the department.
(c)For the purposes of this section, a provider overpayment is an overpayment that results in an audit period when a provider receives a rate reimbursement to which it is not entitled. If a provider receives a rate reimbursement to which it is not entitled, including, but not limited to, the provider failing to maintain a license, or failing to maintain its status as a nonprofit organization, or due to an overpayment determined as described in paragraph (1) of subdivision (d). If a provider receives a rate to which it is not entitled it 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 an informal 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 group home provider overpayment shall be sustained for collection purposes and the department shall issue a demand letter for repayment of the sustained overpayment.
(3)The department shall establish a voluntary repayment agreement procedure with a maximum repayment period of nine years. The procedure shall take into account the amount of the overpayment, projected annual income of the program that caused the overpayment, a minimum repayment amount, including principal and interest, of 3 percent of annual income prorated on a monthly basis, simple interest for the first seven years of the voluntary repayment agreement on the overpayment amount based on the Surplus Money Investment Fund, and simple interest for the eighth and ninth years of the voluntary repayment agreement based on the prime rate at that time plus 3 percent. The department may adopt regulations permitting the director, at his or her discretion, to renegotiate the volunteer consider, at the discretion of the director, renegotiation of a voluntary repayment agreement if the director determines that the agreement would cause severe harm to children in placement.
(4)The department shall establish an involuntary overpayment collection procedure, that shall take into account the amount of the overpayment, projected annual income, a minimum required repayment amount, including principal and interest, of 5 percent of the annual income prorated on a monthly basis, simple interest on the overpayment amount based on the Surplus Money Investment Fund, and a maximum repayment period of seven years. The department may establish regulations permitting the director at his or her discretion to renegotiate the involuntary consider, at the discretion of the director, renegotiation of an involuntary payment agreement if the director determines that the agreement would cause severe harm to children in placement.
(e)The department shall develop regulations maintain, by regulation , all-county letter, or similar written directive, a procedure for recovery of any provider sustained overpayments. The regulations 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 providers 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. 85.SEC. 94.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 the final audit report. 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. 86.SEC. 95.Section 11466.3 of the Welfare and Institutions Code is amended to read:11466.3.(a)The department shall offer a voluntary repayment agreement procedure to providers that owe a sustained overpayment. A provider may enter into a voluntary repayment agreement with the department to repay a sustained overpayment. The voluntary repayment agreement shall, at a minimum, meet the requirements developed pursuant to paragraph (3) of subdivision (d) of Section 11466.2. 11466.22.
(b)The department shall charge simple interest on the voluntary repayment agreement in accordance with paragraph (3) of subdivision (d) of Section 11466.2. 11466.22.
SEC. 87.SEC. 96.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. 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 providers rate and shall result in a referral to the departments Community Care Licensing Division for license revocation.
SEC. 88.SEC. 97.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 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 providers 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. 89.SEC. 98.Section 11466.33 of the Welfare and Institutions Code is amended to read:11466.33.(a)If any amount is due and payable to the department as a result of a sustained overpayment to a provider for care and services in the AFDC-FC program, the department may file, in the office of any county clerk of any county in which the provider has real or personal property, a certificate if any of the following conditions are met:
(1)No informal formal hearing is requested and if a requested, the provider has not submitted a voluntary repayment agreement with the first payment, and 60 days have elapsed from the notice of audit results.
(2)No formal appeal is requested and if a provider has not submitted a voluntary repayment agreement along with the first payment, and 60 days have elapsed from the notice of the informal hearing decision.
(3)A
(2)The provider has not submitted a voluntary repayment agreement along with the first payment, and 30 days have elapsed after an adverse appeal decision by a hearing officer that sustains an overpayment. sustaining an overpayment, and that decision has been adopted by the department or is effective by operation of law.
(b)The certificate provided for pursuant to subdivision (a) shall contain:
(1)The amount due, owing, and unpaid, plus simple interest on the amount owing and unpaid beginning on the date the certificate is filed.
(2)A statement that the department has complied with this section prior to the filing of the certificate.
(3)A request that a lien be recorded against the provider in the amount set forth in the certificate.
(c)The county clerk immediately upon the filing of the certificate shall record the lien for the State of California against the provider in the amount set forth in the certificate. The lien may be filed in the chain of title of the property.
(d)The department shall pay the cost of the first lien, and providers shall be responsible for any subsequent liens on a sustained overpayment.
(e)For the first certificate filed by the department pursuant to this section, the county shall waive all filing fees.
SEC. 90.SEC. 99.Section 11466.34 of the Welfare and Institutions Code is amended to read:11466.34.(a)(1)At any time within 10 years of the recording of a lien pursuant to Section 11466.33, the department may bring an action, in a superior court in the county in which the lien is filed, seeking a judgment to establish the lien as a judgment lien.
(2)If a judgment is obtained pursuant to paragraph (1), the county recorder shall record the lien as a judgment lien.
(b)An abstract of a judgment obtained pursuant to subdivision (a) or a copy thereof may be recorded with the county recorder of any county. From the time of recording, the judgment shall constitute a lien upon all real or personal property of the provider in that county owned by the provider at the time, or that the provider may afterwards, but before the lien expires, acquire. The judgment lien shall continue for 10 years from the time of recording of the abstract of judgment obtained pursuant to subdivision (a), unless sooner released or otherwise discharged.
(c)The judgment lien may, within 10 years from the date of recording of the abstract of judgment or within 10 years from the date of the last extension of the lien in the manner provided in this section, be extended by recording a new abstract in the office of the county recorder of any county. From the date of that recording, the lien shall be extended for 10 years, unless sooner released or otherwise discharged.
(d)The department may release any lien imposed pursuant to this chapter, at the providers cost, in which case any judgment pertaining to that lien is for all purposes null and void, if all of the following conditions are met:
(1)No temporary suspension order or license revocation actions by the departments community care licensing division is pending against a provider.
(2)A provider has made at least three timely payments on a voluntary repayment agreement.
(3)The provider submits to the department corroborative evidence that it is unable to obtain a loan from an institutional lender unless the lien is released.
(e)Execution shall issue upon a judgment obtained pursuant to this section upon request of the department in the same manner as execution may issue upon other judgments. Sale shall be held under that execution as prescribed in the Code of Civil Procedure. In all proceedings under this section, the director or his or her authorized agents may act on behalf of the state.
SEC. 91.SEC. 100.Section 11466.35 of the Welfare and Institutions Code is amended to read:11466.35.(a)Any licensee or member of a governing board of a nonprofit who has been determined to owe a sustained overpayment under this chapter, and who, subsequent to notice of the sustained overpayment, has its rate terminated, shall be ineligible to apply or receive a rate for any future program until the overpayment is repaid.
(b)A rate application shall be denied for a provider that meets either of the following conditions:
(1)A provider owing a sustained overpayment under this chapter, upon the occurrence of any additional sustained overpayment, shall be ineligible to apply or receive a rate for an existing or future program until the sustained overpayments are repaid, unless a voluntary repayment agreement is approved by the department.
(2)A provider incurring a sustained overpayment that constitutes more than 60 percent of the providers annual rate reimbursement shall be ineligible to apply or receive a rate for any existing or future programs until the sustained overpayments are repaid, unless a voluntary repayment agreement is approved by the department.
SEC. 92.SEC. 101.Section 11466.36 of the Welfare and Institutions Code is amended to read:11466.36.(a)The department may terminate a program rate if any of the following conditions are met:
(1)The department determines that, based upon the findings of a hearing officer, a rate application or information submitted by a provider was fraudulently submitted to the department.
(2)A provider is failing to provide services in accordance with the standards associated with its paid rate or in accordance with its program statement.
(2)
(3)A provider with an outstanding sustained overpayment incurs a second sustained overpayment, and is unable to repay the sustained overpayments.
(3)
(4)A provider has a sustained overpayment that represents 100 percent of a providers annual rate reimbursement.
(5)A provider has a sustained overpayment and has failed to timely submit its payments on more than three occasions in a 12-month period.
(b)This chapter shall not be construed to affect the departments authority under other provisions of law for collection of provider sustained overpayments.
SEC. 93.SEC. 102.Section 11466.5 of the Welfare and Institutions Code is amended to read:11466.5.The department shall collect cost data and monitor the cost of providing care and supervision, and social work services, to AFDC-FC recipients. These data shall include, but not be limited to, the costs incurred for employee wages and benefits.
SEC. 94.SEC. 103.Section 11466.6 of the Welfare and Institutions Code is amended to read:11466.6.A provider who disagrees with the rate determined by the department or adjusted by a program audit department, the rate adjusted by an audit, or a determination made in a management decision letter may request in writing an appeal by the director or the directors designee. The department shall adopt regulations establishing maintain, by regulation, all-county letter, or similar written directive, procedures for the departmental appeal process.
SEC. 95.SEC. 104.Section 11468 of the Welfare and Institutions Code is amended to read:11468.The department shall establish and maintain administrative procedures to review the rate set by the department for AFDC-FC programs, including, but not limited to, group homes, short-term residential treatment centers, and foster family agencies that provide treatment services.
SEC. 96.SEC. 105.Section 16000 of the Welfare and Institutions Code is amended to read:16000.(a)It is the intent of the Legislature to preserve and strengthen a childs family ties whenever possible, removing the child from the custody of his or her parents only when necessary for his or her welfare or for the safety and protection of the public. If a child is removed from the physical custody of his or her parents, preferential consideration shall be given whenever possible to the placement of the child with the relative as required by Section 7950 of the Family Code. If the child is removed from his or her own family, it is the purpose of this chapter to secure as nearly as possible for the child the custody, care, and discipline equivalent to that which should have been given to the child by his or her parents. It is further the intent of the Legislature to reaffirm its commitment to children who are in out-of-home placement to live in the least restrictive, most familylike restrictive family setting promoting normal childhood experiences that is suited to meet the childs or youths individual needs, and to live as close to the childs family as possible pursuant to subdivision (c) of Section 16501.1. Family reunification services shall be provided for expeditious reunification of the child with his or her family, as required by law. If reunification is not possible or likely, a permanent alternative shall be developed.
(b)It is further the intent of the Legislature that all children live with a committed, permanent, and nurturing family. Services and supports should be tailored to meet the needs of the individual child and family being served, with the ultimate goal of maintaining the family, or when this is not possible, transitioning the child or youth to a permanent family or preparing the child or youth for a successful transition into adulthood. When needed, short-term residential treatment center program services are a short-term, specialized, and intensive intervention that is just one part of a continuum of care available for children, youth, young adults, and their families.
(c)It is further the intent of the Legislature to ensure that all pupils in foster care and those who are homeless as defined by the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.) have the opportunity to meet the challenging state pupil academic achievement standards to which all pupils are held. In fulfilling their responsibilities to pupils in foster care, educators, county placing agencies, care providers, advocates, and the juvenile courts shall work together to maintain stable school placements and to ensure that each pupil is placed in the least restrictive educational programs, and has access to the academic resources, services, and extracurricular and enrichment activities that are available to all pupils. In all instances, educational and school placement decisions shall be based on the best interests of the child.
SEC. 97.SEC. 106.Section 16003 of the Welfare and Institutions Code is amended to read:16003.(a)In order to promote the successful implementation of the statutory preference for foster care placement with a relative caregiver as set forth in Section 7950 of the Family Code, each community college district with a foster care education program shall make available orientation and training to the relative or nonrelative extended family member caregiver into whose care the county has placed a foster child pursuant to Section 1529.2 of the Health and Safety Code, including, but not limited to, courses that cover the following:
(1)The role, rights, and responsibilities of a relative or nonrelative extended family member caregiver caring for a child in foster care, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(2)An overview of the child protective system.
(3)The effects of child abuse and neglect on child development.
(4)Positive discipline and the importance of self-esteem.
(5)Health issues in foster care.
(6)Accessing education and health services that are available to foster children.
(7)Relationship and safety issues regarding contact with one or both of the birth parents.
(8)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(9)Information on resources available for those who meet eligibility criteria, including out-of-home care payments, the Medi-Cal program, in-home supportive services, and other similar resources.
(10)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(11)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(b)In addition to training made available pursuant to subdivision (a), each community college district with a foster care education program shall make training available to a relative or nonrelative extended family member caregiver that includes, but need not be limited to, courses that cover all of the following:
(1)Age-appropriate child development.
(1)Child and adolescent development, including sexual orientation, gender identity, and expression.
(2)Health issues in foster care.
(3)Positive discipline and the importance of self-esteem.
(4)Emancipation and independent living.
(5)Accessing education and health services available to foster children.
(6)Relationship and safety issues regarding contact with one or both of the birth parents.
(7)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(8)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(c)In addition to the requirements of subdivisions (a) and (b), each community college district with a foster care education program, in providing the orientation program, shall develop appropriate program parameters in collaboration with the counties.
(d)Each community college district with a foster care education program shall make every attempt to make the training and orientation programs for relative or nonrelative extended family member caregivers highly accessible in the communities in which they reside.
(e)When a child is placed with a relative or nonrelative extended family member caregiver, the county shall inform the caregiver of the availability of training and orientation programs and it is the intent of the Legislature that the county shall forward the names and addresses of relative or nonrelative extended family member caregivers to the appropriate community colleges providing the training and orientation programs.
(f)This section shall not be construed to preclude counties from developing or expanding existing training and orientation programs for foster care providers to include relative or nonrelative extended family member caregivers.
(g)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 98.SEC. 107.Section 16003.5 is added to the Welfare and Institutions Code, to read:16003.5.(a)Any state funding allocated to counties for the purpose of recruiting, retaining, and supporting foster parents, relative caregivers, and resource families shall be used to increase the capacity and use of home-based family care and the provision of services and supports to such caregivers. Allowable expenditures of those funds shall include, but not be limited to, and shall be used to supplement and not supplant, resources used by a county for any of the following purposes:
(1)Staffing to provide and improve direct services and supports to licensed foster family homes, approved resource families, and relative caregivers, and to remove any barriers in those areas defined as priorities in the county implementation plan and subsequent reports on outcomes.
(2)Exceptional child needs not covered by the caregiver-specific rate that would normalize the childs experience, stabilize the placement, or enhance the childs well-being.
(3)Child care for licensed foster parents, approved resource families, and relative caregivers.
(4)Intensive relative finding, engagement, and navigation efforts.
(5)Emerging technological, evidence-informed, or other nontraditional approaches to outreach to potential foster family homes, resource families, and relatives.
(b)(1)The department shall provide available funding to counties based upon its approval of plans submitted by each county that requests funding described in subdivision (a). Each county plan shall be submitted by September 1 of any year in which funding is available. Each county plan shall include all of the following:
(A)A definition of the specific goal or goals related to increasing the capacity and use of home-based family care and the provision of services and supports to such caregivers that the county intends to achieve.
(B)A description of the strategy or strategies the county proposes to pursue to address the goal or goals identified in subparagraph (A).
(C)An explanation or rationale for the proposed strategy or strategies relative to the goal or goals identified in subparagraph (A).
(D)A list or description of the outcomes that shall be reported pursuant to subdivision (c), including baseline data for those outcomes.
(2)The department shall develop, following consultation with the County Welfare Directors Association of California and the Chief Probation Officers of California, criteria for the approval of county plans submitted pursuant to paragraph (1).
(c)As a condition of accepting state funding described in subdivision (a), counties receiving that funding shall, by September 30 of the year following the end of the fiscal year in which the funding was available, report to the department the outcomes achieved through the use of that funding and the activities that contributed to those outcomes. This report from each receiving county shall be made in a manner prescribed by the department, following consultation with the County Welfare Directors Association of California and the Chief Probation Officers of California. Using these reports, the department shall share best practices among counties and shall periodically update the Legislature.
(d)Funding for the purposes of this section shall be subject to an appropriation by the Legislature.
SEC. 99.SEC. 108.Section 16501 of the Welfare and Institutions Code is amended to read:16501.(a)(1)As used in this chapter, child welfare services means public social services that are directed toward the accomplishment of any or all of the following purposes: protecting and promoting the welfare of all children, including disabled, homeless, dependent, or neglected children; preventing or remedying, or assisting in the solution of problems which may result in, the neglect, abuse, exploitation, or delinquency of children; preventing the unnecessary separation of children from their families by identifying family problems, assisting families in resolving their problems, and preventing breakup of the family where the prevention of child removal is desirable and possible; restoring to their families children who have been removed, by the provision of services to the child and the families; identifying children to be placed in suitable adoptive homes, in cases where restoration to the biological family is not possible or appropriate; and ensuring adequate care of children away from their homes, in cases where the child cannot be returned home or cannot be placed for adoption.
(2)Child welfare services also means services provided on behalf of children alleged to be the victims of child abuse, neglect, or exploitation. The child welfare services provided on behalf of each child represent a continuum of services, including emergency response services, family preservation services, family maintenance services, family reunification services, and permanent placement services, including supportive transition services. The individual childs case plan is the guiding principle in the provision of these services. The case plan shall be developed within a maximum of 60 days of the initial removal of the child or of the in-person response required under subdivision (f) if the child has not been removed from his or her home, or by the date of the dispositional hearing pursuant to Section 358, whichever comes first.
(3)Child welfare services are best provided in a framework that integrates service planning and delivery among multiple service systems, including the mental health system, using a team-based approach, such as a child and family team. A child and family team brings together individuals that engage with the child or youth and family in assessing, planning, and delivering services consistent with paragraph (1) of subdivision (d) of Section 16501.1. Use of a team approach increases efficiency, and thus reduces cost, by increasing coordination of formal services and integrating the natural and informal supports available to the child or youth and family.
(4)Child and family team means a supportive team that informs the process of placement and services to children and youth in foster care or who are at risk of foster care placement. The group of individuals who are convened by the placing agency and who are engaged through a variety of team-based processes to identify the strengths and needs of the child or youth and his or her family, and to help achieve positive outcomes for safety, permanency, and well-being.
(A)The activities of the team shall include, but not be limited to, both of the following:
(i)Providing input into the development of a child and family plan that is strengths-based, needs-driven, and culturally relevant.
(ii)Providing input into the placement decision made by the placing agency and the services to be provided in order to support the child or youth.
(B)The child and family team is comprised of process shall engage the child or youth, the childs family, and other people important to the family or to the child or youth in meeting the objectives set forth in subparagraph (A). The child and family team shall also include representatives who provide formal supports to the child or youth and family when appropriate, including, but not limited to, the caregiver, the placing agency caseworker, a representative from a foster family agency or short-term residential treatment center with which a child or youth is placed, a county mental health representative, a representative from the regional center when the child is eligible for regional center service, and a representative of the childs or youths tribe or Indian custodian, as applicable. As appropriate, the child and family team also may include, but is not limited to, behavioral health representatives and include other formal supports, such as substance use disorder treatment professionals and educational professionals, regional center representatives when the child is eligible for regional center services, and representatives from other agencies providing services to the child or youth and family. For purposes of this definition, the child and family team also may include extended family and informal support persons, such as friends, coaches, faith-based connections, and tribes as identified by the child or youth and family. If placement into a short-term residential treatment center or a foster family agency that provides treatment services has occurred or is being considered, the mental health representative is required to be a licensed mental health professional. Any party to the childs case who is represented by an attorney may consult with his or her attorney regarding this process. The child or youth and his or her family may request specific persons to be included on the child and family team. Nothing shall preclude another agency serving the child or youth from convening a team in collaboration with the placing agency.
(5)Child welfare services may include, but are not limited to, a range of service-funded activities, including case management, counseling, emergency shelter care, emergency in-home caretakers, temporary in-home caretakers, respite care, therapeutic day services, teaching and demonstrating homemakers, parenting training, substance abuse testing, and transportation. These service-funded activities shall be available to children and their families in all phases of the child welfare program in accordance with the childs case plan and departmental regulations. Funding for services is limited to the amount appropriated in the annual Budget Act and other available county funds.
(6)Service-funded activities to be provided may be determined by each county, based upon individual child and family needs as reflected in the service plan.
(7)As used in this chapter, emergency shelter care means emergency shelter provided to children who have been removed pursuant to Section 300 from their parent or parents or their guardian or guardians. The department may establish, by regulation, the time periods for which emergency shelter care shall be funded. For the purposes of this paragraph, emergency shelter care may include transitional shelter care facilities as defined in paragraph (11) of subdivision (a) of Section 1502 of the Health and Safety Code.
(b)As used in this chapter, respite care means temporary care for periods not to exceed 72 hours, and, in order to preserve the placement, may be extended up to 14 days in any one month pending the development of policies and regulations in consultation with county placing agencies and stakeholders. This care may be provided to the childs parents or guardians. This care shall not be limited by regulation to care over 24 hours. These services shall not be provided for the purpose of routine, ongoing child care.
(c)The county shall provide child welfare services as needed pursuant to an approved service plan and in accordance with regulations promulgated, in consultation with the counties, by the department. Counties may contract for service-funded activities as defined in paragraph (1) of subdivision (a). Counties shall not contract for needs assessment, client eligibility determination, or any other activity as specified by regulations of the State Department of Social Services, except as specifically authorized in Section 16100.
(d)Nothing in this chapter shall be construed to affect duties which are delegated to probation officers pursuant to Sections 601 and 654.
(e)Any county may utilize volunteer individuals to supplement professional child welfare services by providing ancillary support services in accordance with regulations adopted by the State Department of Social Services.
(f)As used in this chapter, emergency response services consist of a response system providing in-person response, 24 hours a day, seven days a week, to reports of abuse, neglect, or exploitation, as required by Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code for the purpose of investigation pursuant to Section 11166 of the Penal Code and to determine the necessity for providing initial intake services and crisis intervention to maintain the child safely in his or her own home or to protect the safety of the child. County welfare departments shall respond to any report of imminent danger to a child immediately and all other reports within 10 calendar days. An in-person response is not required when the county welfare department, based upon an evaluation of risk, determines that an in-person response is not appropriate. This evaluation includes collateral, contacts, a review of previous referrals, and other relevant information, as indicated.
(g)As used in this chapter, family maintenance services are activities designed to provide in-home protective services to prevent or remedy neglect, abuse, or exploitation, for the purposes of preventing separation of children from their families.
(h)As used in this chapter, family reunification services are activities designed to provide time-limited foster care services to prevent or remedy neglect, abuse, or exploitation, when the child cannot safely remain at home, and needs temporary foster care, while services are provided to reunite the family.
(i)As used in this chapter, permanent placement services are activities designed to provide an alternate permanent family structure for children who because of abuse, neglect, or exploitation cannot safely remain at home and who are unlikely to ever return home. These services shall be provided on behalf of children for whom there has been a judicial determination of a permanent plan for adoption, legal guardianship, or long-term foster care, and, as needed, shall include supportive transition services to nonminor dependents, as described in subdivision (v) of Section 11400.
(j)As used in this chapter, family preservation services include those services specified in Section 16500.5 to avoid or limit out-of-home placement of children, and may include those services specified in that section to place children in the least restrictive environment possible.
(k)(1)(A)In any county electing to implement this subdivision, all county welfare department employees who have frequent and routine contact with children shall, by February 1, 1997, and all welfare department employees who are expected to have frequent and routine contact with children and who are hired on or after January 1, 1996, and all such employees whose duties change after January 1, 1996, to include frequent and routine contact with children, shall, if the employees provide services to children who are alleged victims of abuse, neglect, or exploitation, sign a declaration under penalty of perjury regarding any prior criminal conviction, and shall provide a set of fingerprints to the county welfare director.
(B)The county welfare director shall secure from the Department of Justice a criminal record to determine whether the employee has ever been convicted of a crime other than a minor traffic violation. The Department of Justice shall deliver the criminal record to the county welfare director.
(C)If it is found that the employee has been convicted of a crime, other than a minor traffic violation, the county welfare director shall determine whether there is substantial and convincing evidence to support a reasonable belief that the employee is of good character so as to justify frequent and routine contact with children.
(D)No exemption shall be granted pursuant to subparagraph (C) if the person has been convicted of a sex offense against a minor, or has been convicted of an offense specified in Section 220, 243.4, 264.1, 273d, 288, or 289 of the Penal Code, or in paragraph (1) of Section 273a of, or subdivision (a) or (b) of Section 368 of, the Penal Code, or has been convicted of an offense specified in subdivision (c) of Section 667.5 of the Penal Code. The county welfare director shall suspend such a person from any duties involving frequent and routine contact with children.
(E)Notwithstanding subparagraph (D), the county welfare director may grant an exemption if the employee or prospective employee, who was convicted of a crime against an individual specified in paragraph (1) or (7) of subdivision (c) of Section 667.5 of the Penal Code, has been rehabilitated as provided in Section 4852.03 of the Penal Code and has maintained the conduct required in Section 4852.05 of the Penal Code for at least 10 years and has the recommendation of the district attorney representing the employees or prospective employees county of residence, or if the employee or prospective employee has received a certificate of rehabilitation pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code. In that case, the county welfare director may give the employee or prospective employee an opportunity to explain the conviction and shall consider that explanation in the evaluation of the criminal conviction record.
(F)If no criminal record information has been recorded, the county welfare director shall cause a statement of that fact to be included in that persons personnel file.
(2)For purposes of this subdivision, a conviction means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Any action that the county welfare director is permitted to take following the establishment of a conviction may be taken when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, notwithstanding a subsequent order pursuant to Sections 1203.4 and 1203.4a of the Penal Code permitting the person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment. For purposes of this subdivision, the record of a conviction, or a copy thereof certified by the clerk of the court or by a judge of the court in which the conviction occurred, shall be conclusive evidence of the conviction.
SEC. 100.SEC. 109.Section 16501.1 of the Welfare and Institutions Code is amended to read:16501.1.(a)(1)The Legislature finds and declares that the foundation and central unifying tool in child welfare services is the case plan.
(2)The Legislature further finds and declares that a case plan ensures that the child receives protection and safe and proper care and case management, and that services are provided to the child and parents or other caretakers, as appropriate, in order to improve conditions in the parents home, to facilitate the safe return of the child to a safe home or the permanent placement of the child, and to address the needs of the child while in foster care.
(3)The case plan shall be developed in collaboration with the child and family team as defined in paragraph (4) of subdivision (a) of Section 16501. The agency shall consider the recommendations of the child and family team. team, as defined in paragraph (4) of subdivision (a) of Section 16501, if any are available. The agency shall document the rationale for any inconsistencies between the case plan and the child and family team recommendations.
(b)(1)A case plan shall be based upon the principles of this section and the input from the child and family team.
(2)The case plan shall document that a preplacement assessment of the service needs of the child and family, and preplacement preventive services, have been provided, and that reasonable efforts to prevent out-of-home placement have been made. Preplacement services may include intensive mental health services in the home or a community setting and the reasonable efforts made to prevent out-of home placement.
(3)In determining the reasonable services to be offered or provided, the childs health and safety shall be the paramount concerns.
(4)Upon a determination pursuant to paragraph (1) of subdivision (e) of Section 361.5 that reasonable services will be offered to a parent who is incarcerated in a county jail or state prison, detained by the United States Department of Homeland Security, or deported to his or her country of origin, the case plan shall include information, to the extent possible, about a parents incarceration in a county jail or the state prison, detention by the United States Department of Homeland Security, or deportation during the time that a minor child of that parent is involved in dependency care.
(5)Reasonable services shall be offered or provided to make it possible for a child to return to a safe home environment, unless, pursuant to subdivisions (b) and (e) of Section 361.5, the court determines that reunification services shall not be provided.
(6)If reasonable services are not ordered, or are terminated, reasonable efforts shall be made to place the child in a timely manner in accordance with the permanent plan and to complete all steps necessary to finalize the permanent placement of the child.
(c)If out-of-home placement is used to attain case plan goals, the case plan shall consider the recommendations of the child and family team.
(d)(1)The case plan shall include a description of the type of home or institution in which the child is to be placed, and the reasons for that placement decision. The decision regarding choice of placement shall be based upon selection of a safe setting that is the least restrictive family setting that promotes normal childhood experiences and the most appropriate setting that meets the childs individual needs and is available, close in proximity to the parents home, in proximity to the childs school, and consistent with the selection of the environment best suited to meet the childs special needs and best interests. The selection shall consider, in order of priority, placement with relatives, nonrelated extended family members, and tribal members; foster family homes, resource families, and nontreatment certified homes of foster family agencies; followed by treatment and intensive treatment certified homes of foster family agencies; or multidimensional treatment foster care homes or therapeutic foster care homes; group care placements in the order of short-term residential treatment centers, group homes, community treatment facilities, and out-of-state residential treatment pursuant to Part 5 (commencing with Section 7900) of Division 12 of the Family Code.
(2)If a short-term intensive treatment center placement is selected for a child, the case plan shall indicate the needs of the child that necessitate this placement, the plan for transitioning the child to a less restrictive environment, and the projected timeline by which the child will be transitioned to a less restrictive environment. This section of the case plan shall be reviewed and updated at least semiannually.
(A)The case plan for placements in a group home, or commencing January 1, 2017, in a short-term residential treatment center, shall indicate that the county has taken into consideration Section 16010.8.
(B)After January 1, 2017, a child and family team meeting as defined in Section 16501 shall be convened by the county placing agency for the purpose of identifying the supports and services needed to achieve permanency and enable the child or youth to be placed in the least restrictive, most family-like setting. restrictive family setting that promotes normal childhood experiences.
(3)On or after January 1, 2012, for a nonminor dependent, as defined in subdivision (v) of Section 11400, who is receiving AFDC-FC benefits up to 21 years of age pursuant to Section 11403, in addition to the above requirements, the selection of the placement, including a supervised independent living placement, as described in subdivision (w) of Section 11400, shall also be based upon the developmental needs of young adults by providing opportunities to have incremental responsibilities that prepare a nonminor dependent to transition to independent living. If admission to, or continuation in, a group home or short-term residential treatment center placement is being considered for a nonminor dependent, the group home or short-term residential treatment center placement approval decision shall include a youth-driven, team-based case planning process, as defined by the department, in consultation with stakeholders. The case plan shall consider the full range of placement options, and shall specify why admission to, or continuation in, a group home placement is the best alternative available at the time to meet the special needs or well-being of the nonminor dependent, and how the placement will contribute to the nonminor dependents transition to independent living. The case plan shall specify the treatment strategies that will be used to prepare the nonminor dependent for discharge to a less restrictive and more familylike setting, family setting that promotes normal childhood experiences, including a target date for discharge from the group home placement. The placement shall be reviewed and updated on a regular, periodic basis to ensure that continuation in the group home placement remains in the best interests of the nonminor dependent and that progress is being made in achieving case plan goals leading to independent living. The group home placement planning process shall begin as soon as it becomes clear to the county welfare department or probation office that a foster child in group home placement is likely to remain in group home placement on his or her 18th birthday, in order to expedite the transition to a less restrictive and more familylike setting family setting that promotes normal childhood experiences, if he or she becomes a nonminor dependent. The case planning process shall include informing the youth of all of his or her options, including, but not limited to, admission to or continuation in a group home placement. Consideration for continuation of existing group home placement for a nonminor dependent under 19 years of age may include the need to stay in the same placement in order to complete high school. After a nonminor dependent either completes high school or attains his or her 19th birthday, whichever is earlier, continuation in or admission to a group home placement is prohibited unless the nonminor dependent satisfies the conditions of paragraph (5) of subdivision (b) of Section 11403, and group home placement functions as a short-term transition to the appropriate system of care. Treatment services provided by the group home placement to the nonminor dependent to alleviate or ameliorate the medical condition, as described in paragraph (5) of subdivision (b) of Section 11403, shall not constitute the sole basis to disqualify a nonminor dependent from the group home placement.
(4)In addition to the requirements of paragraphs (1) to (3), inclusive, and taking into account other statutory considerations regarding placement, the selection of the most appropriate home that will meet the childs special needs and best interests shall also promote educational stability by taking into consideration proximity to the childs school of origin, and school attendance area, the number of school transfers the child has previously experienced, and the childs school matriculation schedule, in addition to other indicators of educational stability that the Legislature hereby encourages the State Department of Social Services and the State Department of Education to develop.
(e)A written case plan shall be completed within a maximum of 60 days of the initial removal of the child or of the in-person response required under subdivision (f) of Section 16501 if the child has not been removed from his or her home, or by the date of the dispositional hearing pursuant to Section 358, whichever occurs first. The case plan shall be updated, as the service needs of the child and family dictate. At a minimum, the case plan shall be updated in conjunction with each status review hearing conducted pursuant to Sections 364, 366, 366.3, and 366.31, and the hearing conducted pursuant to Section 366.26, but no less frequently than once every six months. Each updated case plan shall include a description of the services that have been provided to the child under the plan and an evaluation of the appropriateness and effectiveness of those services.
(1)It is the intent of the Legislature that extending the maximum time available for preparing a written case plan from 30 to 60 days will afford caseworkers time to actively engage families, and to solicit and integrate into the case plan the input of the child and the childs family, as well as the input of relatives and other interested parties.
(2)The extension of the maximum time available for preparing a written case plan from the 30 to 60 days shall be effective 90 days after the date that the department gives counties written notice that necessary changes have been made to the Child Welfare Services Case Management System to account for the 60-day timeframe for preparing a written case plan.
(f)The child welfare services case plan shall be comprehensive enough to meet the juvenile court dependency proceedings requirements pursuant to Article 6 (commencing with Section 300) of Chapter 2 of Part 1 of Division 2.
(g)The case plan shall be developed in collaboration with considering the recommendations of child and family team, as follows:
(1)The case plan shall be based upon an assessment of the circumstances that required child welfare services intervention. The child shall be involved in developing the case plan as age and developmentally appropriate.
(2)The case plan shall identify specific goals and the appropriateness of the planned services in meeting those goals.
(3)The case plan shall identify the original allegations of abuse or neglect, as defined in Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the conditions cited as the basis for declaring the child a dependent of the court pursuant to Section 300, or all of these, and the other precipitating incidents that led to child welfare services intervention.
(4)The case plan shall include a description of the schedule of the placement agency contacts with the child and the family or other caretakers. The frequency of these contacts shall be in accordance with regulations adopted by the State Department of Social Services. If the child has been placed in foster care out of state, the county social worker or probation officer, or a social worker or probation officer on the staff of the agency in the state in which the child has been placed, shall visit the child in a foster family home or the home of a relative, consistent with federal law and in accordance with the departments approved state plan. For children in out-of-state group home facilities, visits shall be conducted at least monthly, pursuant to Section 16516.5. At least once every six months, at the time of a regularly scheduled placement agency contact with the foster child, the childs social worker or probation officer shall inform the child of his or her rights as a foster child, as specified in Section 16001.9. The social worker or probation officer shall provide the information to the child in a manner appropriate to the age or developmental level of the child.
(5)(A)When out-of-home services are used, the frequency of contact between the natural parents or legal guardians and the child shall be specified in the case plan. The frequency of those contacts shall reflect overall case goals, and consider other principles outlined in this section.
(B)Information regarding any court-ordered visitation between the child and the natural parents or legal guardians, and the terms and conditions needed to facilitate the visits while protecting the safety of the child, shall be provided to the childs out-of-home caregiver as soon as possible after the court order is made.
(6)When out-of-home placement is made, the case plan shall include provisions for the development and maintenance of sibling relationships as specified in subdivisions (b), (c), and (d) of Section 16002. If appropriate, when siblings who are dependents of the juvenile court are not placed together, the social worker for each child, if different, shall communicate with each of the other social workers and ensure that the childs siblings are informed of significant life events that occur within their extended family. Unless it has been determined that it is inappropriate in a particular case to keep siblings informed of significant life events that occur within the extended family, the social worker shall determine the appropriate means and setting for disclosure of this information to the child commensurate with the childs age and emotional well-being. These significant life events shall include, but shall not be limited to, the following:
(A)The death of an immediate relative.
(B)The birth of a sibling.
(C)Significant changes regarding a dependent child, unless the child objects to the sharing of the information with his or her siblings, including changes in placement, major medical or mental health diagnoses, treatments, or hospitalizations, arrests, and changes in the permanent plan.
(7)If out-of-home placement is made in a foster family home, group home, or other child care institution that is either a substantial distance from the home of the childs parent or out of state, the case plan shall specify the reasons why that placement is in the best interest of the child. When an out-of-state group home placement is recommended or made, the case plan shall, in addition, specify compliance with Section 7911.1 of the Family Code.
(8)Effective January 1, 2010, a A case plan shall ensure the educational stability of the child while in foster care and shall include both of the following:
(A)An assurance that the placement takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement.
(B)An assurance that the placement agency has coordinated with the person holding the right to make educational decisions for the child and appropriate local educational agencies to ensure that the child remains in the school in which the child is enrolled at the time of placement or, if remaining in that school is not in the best interests of the child, assurances by the placement agency and the local educational agency to provide immediate and appropriate enrollment in a new school and to provide all of the childs educational records to the new school.
(9)(A)If out-of-home services are used, or if parental rights have been terminated and the case plan is placement for adoption, the case plan shall include a recommendation regarding the appropriateness of unsupervised visitation between the child and any of the childs siblings. This recommendation shall include a statement regarding the childs and the siblings willingness to participate in unsupervised visitation. If the case plan includes a recommendation for unsupervised sibling visitation, the plan shall also note that information necessary to accomplish this visitation has been provided to the child or to the childs siblings.
(B)Information regarding the schedule and frequency of the visits between the child and siblings, as well as any court-ordered terms and conditions needed to facilitate the visits while protecting the safety of the child, shall be provided to the childs out-of-home caregiver as soon as possible after the court order is made.
(10)If out-of-home services are used and the goal is reunification, the case plan shall describe the services to be provided to assist in reunification and the services to be provided concurrently to achieve legal permanency if efforts to reunify fail. The plan shall also consider in-state and out-of-state placements, the importance of developing and maintaining sibling relationships pursuant to Section 16002, and the desire and willingness of the caregiver to provide legal permanency for the child if reunification is unsuccessful.
(11)If out-of-home services are used, the child has been in care for at least 12 months, and the goal is not adoptive placement, the case plan shall include documentation of the compelling reason or reasons why termination of parental rights is not in the childs best interest. A determination completed or updated within the past 12 months by the department when it is acting as an adoption agency or by a licensed adoption agency that it is unlikely that the child will be adopted, or that one of the conditions described in paragraph (1) of subdivision (c) of Section 366.26 applies, shall be deemed a compelling reason.
(12)(A)Parents and legal guardians shall have an opportunity to review the case plan, and to sign it whenever possible, and then shall receive a copy of the plan. In a voluntary service or placement agreement, the parents or legal guardians shall be required to review and sign the case plan. Whenever possible, parents and legal guardians shall participate in the development of the case plan. Commencing January 1, 2012, for nonminor dependents, as defined in subdivision (v) of Section 11400, who are receiving AFDC-FC or CalWORKs assistance up to 21 years of age pursuant to Section 11403, the transitional independent living case plan, as set forth in subdivision (y) of Section 11400, shall be developed with, and signed by, the nonminor.
(B)Parents and legal guardians shall be advised that, pursuant to Section 1228.1 of the Evidence Code, neither their signature on the child welfare services case plan nor their acceptance of any services prescribed in the child welfare services case plan shall constitute an admission of guilt or be used as evidence against the parent or legal guardian in a court of law. However, they shall also be advised that the parents or guardians failure to cooperate, except for good cause, in the provision of services specified in the child welfare services case plan may be used in any hearing held pursuant to Section 366.21, 366.22, or 366.25 as evidence.
(13)A child shall be given a meaningful opportunity to participate in the development of the case plan and state his or her preference for foster care placement. A child who is 12 years of age or older and in a permanent placement shall also be given the opportunity to review the case plan, sign the case plan, and receive a copy of the case plan.
(14)The case plan shall be included in the court report and shall be considered by the court at the initial hearing and each review hearing. Modifications to the case plan made during the period between review hearings need not be approved by the court if the casework supervisor for that case determines that the modifications further the goals of the plan. If out-of-home services are used with the goal of family reunification, the case plan shall consider and describe the application of subdivision (b) of Section 11203.
(15)If the case plan has as its goal for the child a permanent plan of adoption or placement in another permanent home, it shall include a statement of the childs wishes regarding their permanent placement plan and an assessment of those stated wishes. The agency shall also include documentation of the steps the agency is taking to find an adoptive family or other permanent living arrangements for the child; to place the child with an adoptive family, an appropriate and willing relative, a legal guardian, or in another planned permanent living arrangement; and to finalize the adoption or legal guardianship. At a minimum, the documentation shall include child-specific recruitment efforts, such as the use of state, regional, and national adoption exchanges, including electronic exchange systems, when the child has been freed for adoption. If the plan is for kinship guardianship, the case plan shall document how the child meets the kinship guardianship eligibility requirements.
(16)(A)When appropriate, for a child who is 16 years of age or older and, commencing January 1, 2012, for a nonminor dependent, the case plan shall include the transitional independent living plan (TILP), a written description of the programs and services that will help the child, consistent with the childs best interests, to prepare for the transition from foster care to independent living, and, in addition, whether the youth has an in-progress application pending for Title XVI Supplemental Security Income benefits or for Special Immigrant Juvenile Status or other applicable application for legal residency and an active dependency case is required for that application. When appropriate, for a nonminor dependent, the transitional independent living case plan, as described in subdivision (v) of Section 11400, shall include the TILP, a written description of the programs and services that will help the nonminor dependent, consistent with his or her best interests, to prepare for transition from foster care and assist the youth in meeting the eligibility criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) Section 11403. If applicable, the case plan shall describe the individualized supervision provided in the supervised independent living placement as defined in subdivision (w) of Section 11400. The case plan shall be developed with the child or nonminor dependent and individuals identified as important to the child or nonminor dependent, and shall include steps the agency is taking to ensure that the child or nonminor dependent achieves permanence, including maintaining or obtaining permanent connections to caring and committed adults.
(B)During the 90-day period prior to the participant attaining 18 years of age or older as the state may elect under Section 475(8)(B)(iii) of the federal Social Security Act (42 U.S.C. Sec. 675(8)(B)(iii)), whether during that period foster care maintenance payments are being made on the childs behalf or the child is receiving benefits or services under Section 477 of the federal Social Security Act (42 U.S.C. Sec. 677), a caseworker or other appropriate agency staff or probation officer and other representatives of the participant, as appropriate, shall provide the youth or nonminor dependent with assistance and support in developing the written 90-day transition plan, that is personalized at the direction of the child, information as detailed as the participant elects that shall include, but not be limited to, options regarding housing, health insurance, education, local opportunities for mentors and continuing support services, and workforce supports and employment services, a power of attorney for health care, and information regarding the advance health care directive form.
(C)For youth 16 years of age or older, the case plan shall include documentation that a consumer credit report was requested annually from each of the three major credit reporting agencies at no charge to the youth and that any results were provided to the youth. For nonminor dependents, the case plan shall include documentation that the county assisted the nonminor dependent in obtaining his or her reports. The case plan shall include documentation of barriers, if any, to obtaining the credit reports. If the consumer credit report reveals any accounts, the case plan shall detail how the county ensured the youth received assistance with interpreting the credit report and resolving any inaccuracies, including any referrals made for the assistance.
(h)If the court finds, after considering the case plan, that unsupervised sibling visitation is appropriate and has been consented to, the court shall order that the child or the childs siblings, the childs current caregiver, and the childs prospective adoptive parents, if applicable, be provided with information necessary to accomplish this visitation. This section does not require or prohibit the social workers facilitation, transportation, or supervision of visits between the child and his or her siblings.
(i)The case plan documentation on sibling placements required under this section shall not require modification of existing case plan forms until the Child Welfare Services Case Management System is implemented on a statewide basis.
(j)When a child is 10 years of age or older and has been in out-of-home placement for six months or longer, the case plan shall include an identification of individuals, other than the childs siblings, who are important to the child and actions necessary to maintain the childs relationship with those individuals, provided that those relationships are in the best interest of the child. The social worker or probation officer shall ask every child who is 10 years of age or older and who has been in out-of-home placement for six months or longer to identify individuals other than the childs siblings who are important to the child, and may ask any other child to provide that information, or may seek that information from the child and family team, as appropriate. The social worker or probation officer shall make efforts to identify other individuals who are important to the child, consistent with the childs best interests.
(k)The childs caregiver shall be provided a copy of a plan outlining the childs needs and services. The nonminor dependents caregiver shall be provided with a copy of the nonminors TILP.
(l)On or before June 30, 2008, the department, in consultation with the County Welfare Directors Association of California and other advocates, shall develop a comprehensive plan to ensure that 90 percent of foster children are visited by their caseworkers on a monthly basis by October 1, 2011, and that the majority of the visits occur in the residence of the child. The plan shall include any data reporting requirements necessary to comply with the provisions of the federal Child and Family Services Improvement Act of 2006 (Public Law 109-288).
(m)The implementation and operation of the amendments to subdivision (i) enacted at the 200506 Regular Session shall be subject to appropriation through the budget process and by phase, as provided in Section 366.35.
SEC. 110.Section 16514 of the Welfare and Institutions Code is amended to read:16514.(a)A minor or nonminor who has been voluntarily placed, adjudged a dependent child of the juvenile court pursuant to Section 300, or as to whom a petition has been filed under Section 325, may be housed in an emergency shelter or, pursuant to the procedures for placement set forth in this code, placed in a foster family home, a resource family home, or with a foster family agency for subsequent placement in a suitable licensed foster family home or certified family home, with minors adjudged wards of the juvenile court pursuant to Section 601.
(b)A minor who has been voluntarily placed, adjudged a dependent child of the juvenile court pursuant to Section 300, or adjudged a ward of the juvenile court pursuant to Section 601, shall not be housed in an emergency shelter with any minor adjudged a ward of the juvenile court pursuant to Section 602.
(c)A minor or nonminor who has been voluntarily placed, adjudged a dependent child of the juvenile court pursuant to Section 300, or as to whom a petition has been filed under Section 325, or a nonminor dependent, as described in subdivision (v) of Section 11400, shall not be placed or detained in a short-term residential treatment center, group home or licensed foster family home or with a foster family agency to be subsequently placed in home, a resource family home, a certified family home home, or an approved resource family or foster family agency, or, beginning January 1, 2017, a short-term residential treatment center, with any minor adjudged a ward of the juvenile court pursuant to Section 601 or 602, unless the social worker or probation officer with placement authority has determined that the group home or licensed foster family home or foster family agency 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 group home or licensed foster family home or certified family home. 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.
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. 101.SEC. 111.Section 16519.5 of the Welfare and Institutions Code is amended to read:16519.5.(a)The State Department of Social Services, in consultation with county child welfare agencies, foster parent associations, and other interested community parties, shall implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, approving relatives and nonrelative extended family members as foster care providers, and approving adoptive families.
(b)(1)Counties shall be selected to participate on a voluntary basis as early implementation counties for the purpose of participating in the initial development of the approval process. Early implementation counties shall be selected according to criteria developed by the department in consultation with the County Welfare Directors Association. In selecting the five early implementation counties, the department shall promote diversity among the participating counties in terms of size and geographic location.
(2)Additional counties may participate in the early implementation of the program upon authorization by the department.
(c)(1)For the purposes of this chapter, resource family means an individual or couple that a participating county or foster family agency determines to have 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 childrens 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 childs 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)Subsequent to meeting the criteria set forth in this subdivision and designation as a resource family, a resource family shall be considered eligible to provide foster care for related and unrelated children in out-of-home placement, shall be considered approved for adoption or guardianship, and shall not have to undergo any additional approval or licensure as long as the family lives in a county participating in the program.
(3)Resource family approval means that the applicant successfully meets the home environment assessment and permanency assessment standards. This approval is in lieu of the existing foster care license, relative or nonrelative extended family member approval, and the adoption home study approval.
(4)Approval of a resource family does not guarantee an initial or continued placement of a child with a resource family.
(5)Notwithstanding paragraphs (1) to (4), inclusive, the department or county may cease any further review of an application if the applicant has had a previous application denial within the preceding year, or if the applicant has had a previous rescission, revocation, or exemption denial or rescission by the department or county within the preceding two years. However, the department or county may continue to review an application if it has determined that the reasons for the previous denial, rescission, or revocation were due to circumstances and conditions that either have been corrected or are no longer in existence. If an individual was excluded from a resource family home or facility licensed by the department, the department or county shall cease review of the individuals application unless the excluded individual has been reinstated pursuant to Section 11522 of the Government Code. The cessation of review shall not constitute a denial of the application for purposes of this section or any other law.
(d)Prior to implementation of this program, the department shall adopt standards pertaining to the home environment and permanency assessments of a resource family.
(1)Resource family home environment assessment standards shall include, but not be limited to, all of the following:
(A)(i)Criminal records clearance of all adults residing in, or regularly present in, the home, and not exempted from fingerprinting, as set forth in subdivision (b) of Section 1522 of the Health and Safety Code, pursuant to Section 8712 of the Family Code, utilizing a check of the Child Abuse Central Index (CACI), and receipt of a fingerprint-based state and federal criminal offender record information search response. The criminal history information shall include subsequent state and federal arrest and disposition notifications pursuant to Section 11105.2 of the Penal Code.
(ii)Consideration of any substantiated allegations of child abuse or neglect against either the applicant or any other adult residing in the home. An approval may not be granted to applicants whose criminal record indicates a conviction for any of the offenses specified in subdivision (g) of Section 1522 of the Health and Safety Code.
(iii)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, except for the civil penalty language, the criminal background check provisions specified in subdivisions (d) through (f) of Section 1522 of the Health and Safety Code shall apply. Exemptions from the criminal records clearance requirements set forth in this section may be granted by the director or the early implementation county, if that county has been granted permission by the director to issue criminal records exemptions pursuant to Section 361.4, using the exemption criteria currently used for foster care licensing as specified in subdivision (g) of Section 1522 of the Health and Safety Code.
(B)Buildings and grounds and storage requirements set forth in Sections 89387 and 89387.2 of Title 22 of the California Code of Regulations.
(C)In addition to the foregoing requirements, the resource family home 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 childs 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.
(2)The resource family permanency assessment standards shall include, but not be limited to, all of the following:
(A)The applicant shall complete caregiver training.
(B)(i)The applicant shall complete a psychosocial assessment, which shall include the results of a risk assessment.
(ii)A caregiver risk assessment shall include, but shall not be limited to, physical and mental health, alcohol and other substance use and abuse, family and domestic violence, and the factors listed in subparagraphs (A) and (D) of paragraph (1) of subdivision (c).
(C)The applicant shall complete any other activities that relate to a resource familys ability to achieve permanency with the child.
(e)(1)A child may be placed with a resource family that has successfully completed the home environment assessment prior to completion of a permanency assessment only if a compelling reason for the placement exists based on the needs of the child.
(2)The permanency assessment shall be completed within 90 days of the childs placement in the home, unless good cause exists based upon the needs of the child.
(3)If additional time is needed to complete the permanency assessment, the county shall document the extenuating circumstances for the delay and generate a timeframe for the completion of the permanency assessment.
(4)The county shall report to the department on a quarterly basis the number of families with a child in an approved home whose permanency assessment goes beyond 90 days and summarize the reasons for these delays.
(5)A child may be placed with a relative, as defined in Section 319, or nonrelative extended family member, as defined in Section 362.7, prior to applying as a resource family only on an emergency basis if all of the following requirements are met:
(A)Consideration of the results of a criminal records check conducted pursuant to Section 16504.5 of the relative or nonrelative extended family member and of every other adult in the home.
(B)Consideration of the results of the Child Abuse Central Index (CACI) consistent with Section 1522.1 of the Health and Safety Code of the relative or nonrelative extended family member, and of every other adult in the home.
(C)The home and grounds are free of conditions that pose undue risk to the health and safety of the child.
(D)For any placement made pursuant to this paragraph, the county shall initiate the home environment assessment no later than five business days after the placement, which shall include a face-to-face interview with the resource family applicant and child.
(E)For any placement made pursuant to this paragraph, AFDC-FC funding shall not be available until approval of the resource family has been completed.
(F)Any child placed under this section shall be afforded all the rights set forth in Section 16001.9.
(f)The State Department of Social Services shall be responsible for all of the following:
(1)Selecting early implementation counties, based on criteria established by the department in consultation with the County Welfare Directors Association.
(2)Establishing timeframes for participating counties to submit an implementation plan, enter into terms and conditions for participation in the program, train appropriate staff, and accept applications from resource families.
(3)Entering into terms and conditions for participation in the program by counties.
(4)Administering the early implementation of the program through the issuance of written directives that shall have the same force and effect as regulations. Any directive affecting Article 1 (commencing with Section 700) of Chapter 7 of Title 11 of the California Code of Regulations shall be approved by the Department of Justice. The directives shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340)) of Part 1 of Division 3 of Title 2 of the Government Code.
(5)Approving and requiring the use of a single standard for resource family approval.
(6)Adopting and requiring the use of standardized documentation for the home environment and permanency assessments of resource families.
(7)Requiring counties to monitor resource families including, but not limited to, all of the following:
(A)Investigating complaints of resource families.
(B)Developing and monitoring resource family corrective action plans to correct identified deficiencies and to rescind resource family approval if compliance with corrective action plans is not achieved.
(8)Ongoing oversight and monitoring of county systems and operations including all of the following:
(A)Reviewing the countys implementation of the program.
(B)Reviewing an adequate number of approved resource families in each participating county to ensure that approval standards are being properly applied. The review shall include case file documentation, and may include onsite inspection of individual resource families. The review shall occur on an annual basis, and more frequently if the department becomes aware that a participating county is experiencing a disproportionate number of complaints against individual resource family homes.
(C)Reviewing county reports of serious complaints and incidents involving approved resource families, as determined necessary by the department. The department may conduct an independent review of the complaint or incident and change the findings depending on the results of its investigation.
(D)Investigating unresolved complaints against participating counties.
(E)Requiring corrective action of counties that are not in full compliance with the terms and conditions of the program.
(9)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.
(10)Implementing due process procedures, including all of the following:
(A)Providing a statewide fair hearing process for denials, rescissions, or exclusion actions.
(B)Amending the departments applicable state hearing procedures and regulations. regulations or using the Administrative Procedure Act, when applicable, as necessary for the administration of the program.
(C)Use of the Administrative Procedure Act, as necessary for the administration of the program.
(g)Counties participating in the program shall be responsible for all of the following:
(1)Submitting an implementation plan, entering into terms and conditions for participation in the program, consulting with the county probation department in the development of the implementation plan, training appropriate staff, and accepting applications from resource families within the timeframes established by the department.
(2)Complying with the written directives pursuant to paragraph (4) of subdivision (f).
(3)Implementing the requirements for resource family approval and utilizing standardized documentation established by the department.
(4)(A)Ensuring staff have the education and experience necessary to complete the home environment and psychosocial assessments competently.
(B)A county may contract with a licensed adoption agency to complete the permanency assessment. A permanency assessment completed by a licensed adoption agency shall be reviewed and approved by the county.
(5)(A)Taking the following actions, as applicable:
(i)Approving and or denying resource family applications, rescinding applications.
(ii)Rescinding approvals of resource families, or related actions, including all of the following: families.
(A)Rescinding resource family approvals, excluding
(iii)Excluding a resource family parent or other individual from presence in a resource family home, or from being a member of the board of directors, an executive director, or an officer of a licensee, or prohibiting a licensee from employing the resource family parent or other individual, if appropriate, 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 or nonminor dependent from physical or mental abuse, abandonment, or any other substantial threat to health or safety, consistent with the established standard.
(B)Providing a resource family parent, applicant, or excluded individual requesting review of that decision with due process pursuant to the departments statues, statutes, regulations, and written directives.
(C)Notifying the department of any decisions denying a resource familys application or rescinding the approval of a resource family, excluding an individual, or taking other administrative action.
(D)Issuing a temporary suspension order that suspends the resource family approval prior to a hearing, when urgent action is needed to protect a child or nonminor dependent who is or may be placed in the home from physical or mental abuse, abandonment, or any other substantial threat to health or safety.
(6)Updating resource family approval annually.
(7)Monitoring resource families through all of the following:
(A)Ensuring that social workers who identify a condition in the home that may not meet the approval standards set forth in subdivision (d) while in the course of a routine visit to children placed with a resource family take appropriate action as needed.
(B)Requiring resource families to comply with corrective action plans as necessary to correct identified deficiencies. If corrective action is not completed as specified in the plan, the county may rescind the resource family approval.
(C)Requiring resource families to report to the county child welfare agency any incidents consistent with the reporting requirements for licensed foster family homes.
(8)Investigating all complaints against a resource family and taking action as necessary. This shall include investigating any incidents reported about a resource family indicating that the approval standard is not being maintained.
(A)The childs 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.
(B)Upon conclusion of the complaint investigation, the final disposition shall be reviewed and approved by a supervising staff member.
(C)The department shall be notified of any serious incidents or serious complaints or any incident that falls within the definition of Section 11165.5 of the Penal Code. If those incidents or complaints result in an investigation, the department shall also be notified as to the status and disposition of that investigation.
(9)Performing corrective action as required by the department.
(10)Assessing county performance in related areas of the California Child and Family Services Review System, and remedying problems identified.
(11)Submitting information and data that the department determines is necessary to study, monitor, and prepare the report specified in paragraph (9) of subdivision (f).
(12)Ensuring that resource 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 number of training hours which shall include a minimum of 12 hours of preapproval training. The preapproval training shall include, but not be limited to, all of the following training 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 and mental physical, mental, and behavioral health, and substance use disorders available to foster children, disorders, including culturally relevant services.
(F)The rights of a child in foster care, and the resource familys responsibility to safeguard those rights, including the right to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(G)Cultural needs of children, including instruction on cultural competency and sensitivity relating to, and sensitivity, and related best practices for, for providing adequate care to for children or youth across diverse ethnic and racial backgrounds, as well as children or youth identifying as lesbian, gay, bisexual, and transgender youth in out-of-home care. 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 childs 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 familys responsibility to act as a reasonable and prudent parent, 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 paragraph (13). subdivision (h).
(14)Ensuring approved resource families complete a minimum of eight training hours annually, a portion of which shall be from one or more of the topics listed in paragraph (13).
(h)In addition to any training required by this section, a resource family may be required to receive specialized training, as relevant, 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. monitoring of children prescribed psychotropic medications.
(4)Understanding the federal Indian Child Welfare Act, 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 those 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)Approved relatives and nonrelative extended family members, licensed foster family homes, or approved adoptive homes that have completed the license or approval process prior to full implementation of the program shall not be considered part of the program. The otherwise applicable assessment and oversight processes shall continue to be administered for families and facilities not included in the program.
(2) Upon implementation of the program in a county, that county may not accept new applications for the licensure of foster family homes, the approval of relative and nonrelative extended family members, or the approval of prospective adoptive homes.
(k)The department may waive regulations that pose a barrier to implementation and operation of this program. The waiver of any regulations by the department pursuant to this section shall apply to only those counties or foster family agencies participating in the program and only for the duration of the program.
(l)Resource families approved under initial implementation of the program, who move within an early implementation county or who move to another early implementation county, shall retain their resource family status if the new building and grounds, outdoor activity areas, and storage areas meet home environment standards. The State Department of Social Services or early implementation county may allow a program-affiliated individual to transfer his or her subsequent arrest notification if the individual moves from one early implementation county to another early implementation county, as specified in subdivision (h) (g) of Section 1522 of the Health and Safety Code.
(m)(1)The approval of a resource family who moves to a nonparticipating county remains in full force and effect pending a determination by the county approval agency or the department, as appropriate, whether the new building and grounds and storage areas meet applicable standards, and whether all adults residing in the home have a criminal records clearance or exemptions granted, using the exemption criteria used for foster care licensing, as specified in subdivision (g) of Section 1522 of the Health and Safety Code. Upon this determination, the nonparticipating county shall either approve the family as a relative or nonrelative extended family member, as applicable, or the department shall license the family as a foster family home.
(2)Subject to the requirements in paragraph (1), the family shall continue to be approved for guardianship and adoption. Nothing in this subdivision shall limit a county or adoption agency from determining that the family is not approved for guardianship or adoption based on changes in the familys circumstances or psychosocial assessment.
(3)A program-affiliated individual who moves to a nonparticipating county may not transfer his or her subsequent arrest notification from a participating county to the nonparticipating county.
(n)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.
(o)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 (s) and (t), 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.
(p)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.
(q)Except as provided, approved resource families under this program shall be exempt from all of the following:
(1)Licensure requirements set forth under the Community Care Facilities Act, commencing with Section 1500 of the Health and Safety Code, and all regulations promulgated thereto.
(2)Relative and nonrelative extended family member approval requirements set forth under Sections 309, 361.4, and 362.7, and all regulations promulgated thereto.
(3)Adoptions approval and reporting requirements set forth under Section 8712 of the Family Code, and all regulations promulgated thereto.
(r)(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.
(2)No later than July 1, 2017, each county shall provide the following information to all licensed foster family homes and all approved relatives and nonrelative extended family members:
(A)A detailed description of the resource family approval program.
(B)That, Notification that, in order to care for a foster child, resource family approval is required by December 31, 2019.
(C)That Notification that a foster family home license and an approval of a relative or nonrelative extended family member shall be forfeited by operation of law as provided for in paragraph (3). (4).
(3)No By no later than January 1, 2018, the following shall apply to all licensed foster family homes and approved relative and nonrelative extended family members:
(A)A licensed foster family home, and an approved relative or nonrelative extended family member with an approved adoptive home study completed prior to January 1, 2018, shall be deemed to be an approved resource family.
(B)A licensed foster family home, and an approved relative or nonrelative extended family member who had a child in placement at any time, 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 (2) of subdivision (d).
(i)
(C)A county may provide supportive services to all licensed foster family home providers, relatives, and nonrelative extended family members with a child in placement to assist with the resource family transition and to minimize placement disruptions.
(4)All foster family licenses and approvals of a relative or nonrelative extended family member shall be forfeited by operation of law on December 31, 2019, except as provided herein: in this paragraph:
(A)All licensed foster family homes that did not have a child in placement at any time, for any length of time, between January 1, 2017, and December 31, 2017, inclusive, shall forfeit the license by operation of law on January 1, 2018.
(B)For foster family home licensees and approved relatives or nonrelative extended family members who have a pending resource family application on December 31, 2019, the foster family home license or relative and nonrelative extended family member approval shall be forfeited by operation of law on the date of approval as a resource family. If approval is denied, forfeiture by operation of law shall occur on the date of completion of any proceedings required by law to ensure due process.
(s)On and after January 1, 2017, all licensed foster family agencies shall approve resource families in lieu of certifying foster homes. A foster family agency or a short-term residential treatment center pursuant to subdivision (b) of Section 11462 shall require its applicants and resource families to meet the resource family approval standards and requirements set forth in this chapter and in the written directives adopted pursuant to this chapter prior to approval and in order to maintain approval.
(t)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.
SEC. 102.SEC. 112.Section 16519.52 is added to the Welfare and Institutions Code, to read:16519.52.(a)A resource family may install and use delayed egress devices of the time delay type in the home of the resource family.
(b)As used in this section, delayed egress device means a device that precludes the use of exits for a predetermined period of time. These devices shall not delay any residents departure from the home for longer than 30 seconds.
(c)Within the 30 seconds of delay, a resource family may attempt to redirect a resident who attempts to leave the home.
(d)Any person accepted by a resource family using delayed egress devices in the home shall meet all of the following conditions:
(1)The person shall have a developmental disability, as defined in Section 4512.
(2)The person shall be receiving services and case management from a regional center under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)).
(3)An interdisciplinary team, through the Individual Program Plan (IPP) process pursuant to Section 4646.5, shall have determined that the person lacks hazard awareness or impulse control and requires the level of supervision afforded by a resource family in a home equipped with delayed egress devices, and that, but for this placement, the person would be at risk of admission to, or would have no option but to remain in, a more restrictive state hospital or state developmental center placement.
(e)The home shall be subject to all fire and building codes, regulations, and standards applicable to residential care facilities for the elderly utilizing delayed egress devices, and shall receive approval by the county or city fire department, the local fire prevention district, or the State Fire Marshal for the installed delayed egress devices.
(f)The resource family shall provide training regarding the use and operation of the egress control devices used by any person caring for a resident, protection of residents personal rights, lack of hazard awareness and impulse control behavior, and emergency evacuation procedures.
(g)The resource family shall develop a plan of operation that is authorized by the approving county and includes a description of how the home is to be equipped with egress control devices that are consistent with regulations adopted by the State Fire Marshal pursuant to Section 13143 of the Health and Safety Code.
(h)The plan shall include, but shall not be limited to, all of the following:
(1)A description of how the resource family will provide training for persons caring for a resident regarding the use and operation of the egress control devices used in the home.
(2)A description of how the resource family will ensure the protection of the residents personal rights consistent with Sections 4502, 4503, and 4504.
(3)A description of how the resource family will manage the persons lack of hazard awareness and impulse control behavior.
(4)A description of the resource familys emergency evacuation procedures.
(i)Delayed egress devices shall not substitute for adequate supervision. The capacity of the home shall not exceed six residents.
(j)Emergency fire and earthquake drills shall be conducted at least once every three months, and shall include all persons providing resident care and supervision.
SEC. 103.SEC. 113.Section 16519.53 is added to the Welfare and Institutions Code, to read:16519.53.(a)A resource family shall be authorized to administer emergency medical assistance and injections for severe diabetic hypoglycemia and anaphylactic shock to a foster child in placement in accordance with subdivision (a) of Section 1507.25 of the Health and Safety Code.
(b)A resource family shall be authorized to administer subcutaneous injections of other medications, including insulin, as prescribed by a childs physician, to a foster child in placement in accordance with subdivision (b) of Section 1507.25 of the Health and Safety Code.
SEC. 104.SEC. 114.Section 16519.54 is added to the Welfare and Institutions Code, to read:16519.54.Notwithstanding any other law, a resource family shall not be subject to civil penalties imposed pursuant to the Community Care Facilities Care Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code).
SEC. 105.SEC. 115.Section 16519.55 is added to the Welfare and Institutions Code, to read:16519.55.(a)Subject to subdivision (b), to encourage the recruitment of resource families, to protect their personal privacy, and to preserve the security of confidentiality of the placements with resource families, the names, addresses, and other identifying information of resource families shall be considered personal information for purposes of the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). This information shall not be disclosed by any state or local agency pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), except as necessary for administering the resource family approval program, facilitating the placement of children with resource families, and providing names and addresses addresses, upon request, only to bona fide professional foster parent organizations upon request. and to professional organizations educating foster parents, including the Foster and Kinship Care Education Program of the California Community Colleges.
(b)The department, a county, or a foster family agency may request information from, or divulge information to, the department, a county, or a foster family agency, regarding a prospective resource family for the purpose of and as necessary to conduct a reference check to determine whether it is safe and appropriate to approve an applicant to be a resource family.
SEC. 106.SEC. 116.Section 16519.6 is added to the Welfare and Institutions Code, to read:16519.6.(a)All hearings conducted pursuant to Section 16519.5 shall be conducted in accordance with the requirements of this section.
(b)The procedures set forth in Chapter 7 (commencing with Section 10950) of Part 2 apply to matters set before the State Hearings Division, department, except as otherwise provided in this section.
(c)The procedures for conducting a hearing for a matter governed by set forth in Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, and the procedures set forth in the Administrative Procedure Act apply, Act, apply to matters set before the Office of Administrative Hearings, except as otherwise provided in this section.
(d)Notwithstanding Section 10951, a resource family, applicant, or excluded individual may file an appeal within 25 days of service of a notice of action. Pursuant to Section 1013 of the Code of Civil Procedure, if the notice of action is served by mail, the time to respond shall be extended five days, not to exceed 30 days to file the appeal.
(e)Notwithstanding Section 10951, a countys action shall be final, or for matters set before the division or office designated to conduct state hearings, department, an action shall be subject to dismissal, if the resource family, applicant, or excluded individual does not file an appeal to the notice of action within the prescribed time.
(f)Except as provided in subdivisions (g) and (h), and notwithstanding Section 10952, a hearing under this section shall be held within 90 days following the receipt of a timely appeal or notice of defense, unless a continuance of the hearing is granted for good cause.
(g)If the county or department has issued an immediate exclusion order, the timelines and provisions set forth in Section 1558 of the Health and Safety Code shall apply, unless a continuance of the hearing is granted for good cause.
(h)If the county or department has issued a temporary suspension order, the hearing shall be held within 30 days following the receipt of a timely appeal or notice of defense. The temporary suspension order shall remain in effect until the time the hearing is completed and the director has made a final determination on the merits. However, the temporary suspension order shall be deemed vacated if the director fails to make a final determination on the merits within 30 days after receipt of the proposed decision by the county or department.
(i)Upon a finding of noncompliance, the department may require a foster family agency to deny or rescind the approval of a home, or take other action deemed necessary for the protection of a child who is or who may be placed in the home. The resource family, applicant, or excluded individual shall be afforded the due process provided pursuant to this section.
(1)If the department requires a foster family agency to deny or rescind the approval, the department shall serve an order of denial or rescission notifying the resource family, applicant, and foster family agency of the basis of the departments action and of the right to a hearing.
(2)The departments order of the denial or rescission of the approval shall remain in effect until the hearing is completed and the director has made a final determination on the merits.
(3)A foster family agencys failure to comply with the departments order to deny or rescind the approval by placing or retaining a child in care shall be grounds for disciplining the foster family agency pursuant to Section 1550 of the Health and Safety Code.
(j)A resource family, applicant, or excluded individual who files an appeal to a notice of action pursuant to this section shall, as part of the appeal, provide his or her current mailing address. The resource family, applicant, or excluded individual shall subsequently notify the county, or department if applicable, in writing of any change in mailing address, until the hearing process has been completed or terminated.
(k)Service by mail of a notice or other writing on a resource family, applicant, or excluded individual in a procedure provided herein is effective if served to the last mailing address on file with the county or department. Service of a notice of action may be by personal service or by first class mail. If the last day for performance of any action required herein falls on a holiday, then such period shall be extended to the next day which is not a holiday.
(l)In all proceedings conducted in accordance with this section section, the burden of proof on the department or county shall be by a preponderance of the evidence.
(m)The county or department may institute or continue an administrative proceeding against a resource family, applicant, or excluded individual upon any ground provided by this section, enter an order denying or rescinding the approval, exclude an associated individual, issue a temporary suspension order, or otherwise take disciplinary action against a resource family, applicant, or excluded individual, notwithstanding any resignation, withdrawal, surrender of approval, or denial or rescission of the approval by a foster family agency.
SEC. 107.SEC. 117.Section 18251 of the Welfare and Institutions Code is amended to read:18251.As used in this chapter:
(a)County means each county participating in an individualized or wraparound services program.
(b)County placing agency means a county welfare or probation department, or a county mental health department.
(c)Eligible child means a child or nonminor dependent, as described in subdivision (v) of Section 11400, who is any of the following:
(1)A child or nonminor dependent who has been adjudicated as either a dependent, transition dependent, or ward of the juvenile court pursuant to Section 300, 450, 601, or 602 and who would be placed in a group home licensed by the department at a rate classification level of 10 or higher, or commencing January 1, 2017, would be placed in a short-term residential treatment center.
(2)A child or nonminor dependent who is currently, or who would be, placed in a group home licensed by the department at a rate classification level of 10 or higher, or commencing January 1, 2017, would be placed in a short-term residential treatment center.
(3)A child who is eligible for adoption assistance program benefits when the responsible public agency has approved the provision of wraparound services in lieu of out-of-home placement care at a rate classification level of 10 or higher, or commencing January 1, 2017, would be placed in a short-term residential treatment center.
(d)Wraparound services means community-based intervention services that emphasize the strengths of the child and family and includes the delivery of coordinated, highly individualized unconditional services to address needs and achieve positive outcomes in their lives.
(e)Service allocation slot means a specified amount of funds available to the county to pay for an individualized intensive wraparound services package for an eligible child. A service allocation slot may be used for more than one child on a successive basis.
SEC. 108.SEC. 118.Section 18254 of the Welfare and Institutions Code is amended to read:18254.(a)Rates for wraparound services, under the wraparound services program, shall be based on the following factors:
(1)The average cost of rate classification 10 to 11 in each county, minus the cost of any concurrent out-of-home placement, for children who are or would be placed in a rate level 10 or 11 group home.
(2)The average cost of rate classification 12 to 14 in each county, minus the cost of any concurrent out-of-home placement, for children who are or would be placed in a rate level 12 to 14 group home.
(b)(1)Prior to the 201112 fiscal year, the department shall reimburse each county, for the purpose of providing intensive wraparound services, up to 100 percent of the state share of nonfederal funds, to be matched by each countys share of cost as established by law, and to the extent permitted by federal law, up to 100 percent of the federal funds allocated for group home placements of eligible children, at the rate authorized pursuant to subdivision (a).
(2)Beginning in the 201112 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
(c)County, and to the extent permitted by federal law, federal, foster care funds shall remain with the administrative authority of the county, which may enter into an interagency agreement to transfer those funds, and shall be used to provide intensive wraparound services.
(d)Costs for the provision of benefits to eligible children, at rates authorized by subdivision (a), through the wraparound services program authorized by this chapter, shall not exceed the costs which would otherwise have been incurred had the eligible children been placed in a group home.
(e)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 109.SEC. 119.Section 18254 is added to the Welfare and Institutions Code, to read:18254.(a)(1)Commencing January 1, 2017, the rate for wraparound services, under the wraparound services program, shall be eight thousand five hundred seventy-three dollars ($8,573), based on the average cost of rate classification levels 10.5 and 13 in effect for the 201415 fiscal year.
(1)
(2)The rate was determined by using the existing rates determined for the 201415 fiscal year for rate classification levels 10.5 and 13.
(A)Combining and calculating the average of the two.
(B)Minus the cost of any concurrent out-of-home placement for children who are or would be placed in a rate classification level 10 to 11 and 12 to 14 group home, respectively.
(b)For each fiscal year, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
(c)County and federal foster care funds, to the extent permitted by federal law, shall remain with the administrative authority of the county, which may enter into an interagency agreement to transfer those funds, and shall be used to provide intensive wraparound services.
(d)Costs for the provision of benefits to eligible children, at rates authorized by subdivision (a), through the wraparound services program authorized by this chapter, shall not exceed the costs that otherwise would have been incurred had the eligible children been placed in a short-term residential treatment center.
(e)Commencing January 1, 2018, and each January 1 thereafter, an annual cost-of-living increase shall be applied to the wraparound rate, subject to the availability of county funds, equal to the California Necessities Index used in the preparation of the May Revision for the current fiscal year.
(f)This section shall become operative on January 1, 2017.
SEC. 120.Section 18987.72 of the Welfare and Institutions Code is amended to read:18987.72.(a)In order to obtain knowledge and experience with which to inform the process of developing and implementing the plan for residentially based services, required by Section 18987.7, the department shall encourage counties and private nonprofit agencies to develop voluntary agreements to test alternative program design and funding models for transforming existing group home programs into residentially based services programs in order to meet the diverse needs of children or youth and families in the child welfare, juvenile justice, and mental health systems.
(b)(1)With the approval of the department, any counties participating in the federal Title IV-E waiver capped allocation demonstration project pursuant to Section 18260, at their option, and two other counties may enter into and implement voluntary agreements with private nonprofit agencies to transform all or part of an existing group home program into a residentially based services program.
(2)If one or more counties participating in the federal Title IV-E waiver capped allocation demonstration project opts not to enter into a voluntary agreement pursuant to this chapter, the department may select one or more nonwaiver counties. The department may approve up to four counties to participate in the voluntary agreements pursuant to this section.
(3)The department shall select participating counties, based on letters of interest submitted to the department from counties, in consultation with the California Alliance of Child and Family Services and the County Welfare Directors Association.
(c)Voluntary agreements by counties and nonprofit agencies shall satisfy all of the following requirements:
(1)Incorporate and address all of the components and elements for residentially based services described in the Framework for a New System for Residentially-Based Services in California.
(2)Reflect active collaboration among the private nonprofit agency that will operate the residentially based services program and county departments of social services, mental health, or juvenile justice, alcohol and drug programs, county offices of education, or other public entities, as appropriate, to ensure that children, youth, and families receive the services and support necessary to meet their needs.
(3)Provide for an annual evaluation report, to be prepared jointly by the county and the private nonprofit agency. The evaluation report shall include analyses of the outcomes for children and youth, including achievement of permanency, average lengths of stay, and rates of entry and reentry into group care. The evaluation report shall also include analyses of the involvement of children or youth and their families, client satisfaction, the use of the program by the county, the operation of the program by the private nonprofit agency, payments made to the private nonprofit agency by the county, actual costs incurred by the nonprofit agency for the operation of the program, and the impact of the program on state and county AFDC-FC program costs. The county shall send a copy of each annual evaluation report to the director, and the director shall make these reports available to the Legislature upon request.
(4)Permit amendments, modifications, and extensions of the agreement to be made, with the mutual consent of both parties and with approval of the department, based on the evaluations described in paragraph (3), and on the experience and information acquired from the implementation and the ongoing operation of the program.
(5)Be consistent with the countys system improvement plan developed pursuant to the California Child Welfare Outcomes and Accountability System.
(d)(1)Upon a countys request, the director may waive child welfare regulations regarding the role of counties in conjunction with private nonprofit agencies operating residentially based services programs to enhance the development and implementation of case plans and the delivery of services in order to enable a county and a private nonprofit agency to implement an agreement described in subdivision (b). Nothing in this section shall be construed to supersede the requirements set forth in subdivision (c) of Section 16501.
(2)Notwithstanding Sections 11460 and 11462, or any other law or regulation governing payments under the AFDC-FC program, upon the request of one or more counties, and in accordance with the voluntary agreements as described in subdivision (b), the director may also approve the use of up to a total of five alternative funding models for determining the method and level of payments that will be made under the AFDC-FC program to private nonprofit agencies operating residentially based services programs in lieu of using the rate classification levels and schedule of standard rates provided for in Section 11462. These alternative funding models may include, but shall not be limited to, the use of cost reimbursement, case rates, per diem or monthly rates, or a combination thereof. An alternative funding model shall do all of the following:
(A)Support the values and goals for residentially based services, including active child and family involvement, permanence, collaborative decisionmaking, and outcome measurement.
(B)Ensure that quality care and effective services are delivered to appropriate children or youth at a reasonable cost to the public.
(C)Ensure that payment levels are sufficient to permit the private nonprofit agencies operating residentially based services programs to provide care and supervision, social work activities, parallel predischarge community-based interventions for families, and followup postdischarge support and services for children and their families, including the cost of hiring and retaining qualified staff.
(D)Facilitate compliance with state requirements and the attainment of federal and state performance objectives.
(E)Control overall program costs by providing incentives for the private nonprofit agencies to use the most cost-effective approaches for achieving positive outcomes for the children or youth and their families.
(F)Facilitate the ability of the private nonprofit agencies to access other available public sources of funding and services to meet the needs of the children or youth placed in their residentially based services programs, and the needs of their families.
(G)Enable the combination of various funding streams necessary to meet the full range of services needed by foster children or youth in residentially based services programs, with particular reference to funding for mental health treatment services through the Medi-Cal Early and Periodic Screening, Diagnosis, and Treatment program.
(H)Maximize federal financial participation, and mitigate the loss of federal funds, while ensuring the effective delivery of services to children or youth and families, and the achievement of positive outcomes.
(I)Provide for effective administrative oversight and enforcement mechanisms in order to ensure programmatic and fiscal accountability.
(3)A waiver granted by the director pursuant to paragraph (1), or an approval of an alternative funding model pursuant to paragraph (2), shall be applicable only to the development, implementation, and ongoing operation of a residentially based services program and related county activities provided under the terms of the agreement and for the duration of the agreement, and shall be granted only when all of the following apply:
(A)The agreement promises to offer a worthwhile test related to the development, implementation, and ongoing operation of a residentially based services program as described in this chapter.
(B)Existing regulatory provisions or the existing AFDC-FC payment requirements, or both, impose barriers for the effective, efficient, and timely implementation of the agreement.
(C)The requesting county proposes to monitor the agreement for compliance with the terms of the waiver or the alternative funding model, or both.
(D)Notwithstanding any change to payments made to group homes under Section 11462, the department may pay higher AFDC-FC payments for children and youth who are enrolled in a residentially based services program, to be offset by cost efficiencies achieved through shorter lengths of stay in foster care, or a reduction of reentries into foster care, as a result of providing predischarge support and postdischarge services to the children or youth and their families. Any upfront costs for this project shall be offset by other program savings identified by the department, to ensure that there are no net General Fund costs in each fiscal year.
(e)In addition to the requirements set forth in subdivision (c), the voluntary agreements shall do all of the following:
(1)Provide that, to the extent that some of the care, services, and other activities associated with a residentially based services program operated under an agreement described in subdivision (b) are not eligible for federal financial participation as foster care maintenance payments under Part E (commencing with Section 470) of Title IV of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.), but may be eligible for federal financial participation as administration or training, or may be eligible for federal financial participation under other programs, including, but not limited to, Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.), the appropriate state departments shall take measures to obtain that federal funding.
(2)Provide that, prior to approving any waiver or alternative funding model pursuant to subdivision (d), the director shall make a determination that the design of the residentially based services program to be operated under the agreement described in subdivision (b) would ensure the health and safety of children or youth to be served.
(f)Agreements entered into pursuant to this section shall terminate on or before July 1, 2016, January 1, 2017, or may be extended until January 1, 2019, upon approval by the department, on a case-by-case basis, unless a later enacted statute extends or removes this limitation.
(g)The department shall report during the legislative budget hearings on the status of any county agreements entered into pursuant to subdivision (b), and on the development of statewide residentially based services programs. This report shall be submitted with the recommendations made pursuant to Section 11461.2.
SEC. 110.SEC. 121.Notwithstanding the provisions of this act, on and after January 1, 2017, facilities with licensed capacity of 184 that were in operation prior to January 1, 2015, that offer placements for the purpose of attending an onsite high school, may continue to operate under an appropriate licensing category determined by the State Department of Social Services as long as those facilities submit to the department a transition plan describing how the program will comply with the provisions of this act, pursuant to a timeframe to be determined with the department.
SEC. 122.The State Department of Social Services, State Department of Education, and special education local plan area (SELPA) directors shall work together to address the funding formula currently based in part on the State Department of Social Services rate classification level system. The rate classification level for group homes set by the State Department of Social Services shall sunset pursuant to this act. Section 56836.165 of the Education Code takes into account the rate classification level in Section 11462 of the Welfare and Institutions Code in setting its severity rating for purposes of its bed allowances. Prior to the sunset of the rate classification level, the departments and SELPA directors shall work together to develop an alternative basis for its bed allowance formula.
SEC. 111.SEC. 123.(a)The State Department of Social Services and the State Department of Health Care Services shall adopt regulations as required to implement the provisions of this act.
(b)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the departments identified in subdivision (a) may implement and administer the changes made by this legislation act through all-county letters or similar written instructions until regulations are adopted.
SEC. 112.SEC. 124.The State Department of Social Services shall provide periodic progress updates to the Legislature on the implementation of this act.
SEC. 113.SEC. 125.The State Department of Social Services shall work with counties that operate shelters, probation agencies, homeless shelter providers, residential education providers, and others as determined by the department to identify jointly developed alternative timeframes or criteria to be met in order to address the unique circumstances and needs of the populations they serve, while remaining consistent with the principles of this act.
SEC. 126.(a)In order to accomplish the goals set forth in this act, the State Department of Social Services shall work with stakeholders, including other state departments, such as the State Department of Health Care Services, legislative staff, counties, and advocates, to address critical issues in the initial and ongoing implementation of this act. This work with stakeholders shall include the development of timelines and key milestones for implementation of this act, including a process to monitor progress. This work shall also include, but not be limited to, the identification of major implementation tasks and action steps, monitoring achievements, and developing recommendations for addressing issues that arise during implementation. The department, in consultation with the stakeholder groups, shall measure and track changes in the numbers of out-of-home placements that are available to county placing agencies, including the geographic distribution of providers. The State Department of Health Care Services and the State Department of Social Services, as appropriate, shall also measure and track, in consultation with stakeholders, the availability and utilization of services, including, but not limited to, medical and behavioral health and child welfare services for children in out-of-home placements.
(b)The stakeholder process described in subdivision (a) may include the convening of a large workgroup or smaller workgroups that would address specific subject areas that may include, but are not limited to, the following:
(1)Rate development for short-term residential treatment centers, foster family agencies, and other caregivers across the continuum of care.
(2)Assessments.
(3)Retention and recruitment of home-based family caregivers.
(4)Availability of core services, including specialty mental health services, across placement types.
(5)Meeting the needs of special populations within the child welfare system.
(6)The mental health certification process.
(7)Simplification of the licensure and approval process for resource families.
(8)Outcomes, accountability measures, and data collection.
SEC. 114.SEC. 127.The Legislature finds and declares that this act, which adds Section 16519.55 to the Welfare and Institutions Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to encourage the recruitment of resource families, to protect their personal privacy, and to preserve the security of confidentiality of the placements with resource families, it is necessary that the names, addresses, and other identifying information of resource families not be disclosed by any state or local agency pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), except as necessary for administering the resource family approval program, facilitating the placement of children with resource families, and providing names and addresses only to bona fide professional foster parent organizations upon request.
SEC. 115.SEC. 128.Except as required by Section 36 of Article XIII of the California Constitution, no reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs because, in that regard, this act implements a federal law or regulation and results in costs mandated by the federal government, within the meaning of Section 17556 of the Government Code.
No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
With regard to other costs, to the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state nor otherwise be subject to Section 6 of Article XIII B of the California Constitution.
(a)It is the intent of the Legislature in adopting this act to improve Californias child welfare system and its outcomes by using comprehensive initial child assessments, increasing the use of home-based family care and the provision of services and supports to home-based family care, reducing the use of congregate care placement settings, and creating faster paths to permanency resulting in shorter durations of involvement in the child welfare and juvenile justice systems. These changes, along with other provisions in this act, require initial investments in the child welfare system. It is expected that this act, and the initial short-term funding provided by the state to local agencies to implement this act, will reduce overall costs to local agencies and allow local savings to be reinvested in child welfare services. When overall costs to a local agency are reduced, annual funding by the state to the local agency will only be provided as described in Section 36 of Article XIII of the California Constitution.
(b)Federal law requires that placements of children in foster care be in the least restrictive, most family-like environment. Federal law requires the review of the childs case plan to assess the necessity for and appropriateness of the placement, to assess the progress that has been made toward the case plan goals, and project a likely date by which the child can be safely reunified, or placed for adoption or legal guardianship. Federal law requires the court to periodically, but no less frequently than every six months, review the case plan, the childs status, and the extent of compliance with the case plan.
(c)It is therefore the intent of the Legislature to maintain childrens safety, well-being, and healthy development when they are removed from their own families by placing them, whenever possible and appropriate, with relatives or someone familiar, or, when this is not possible or appropriate, with other caregiving families that are able to meet their physical, social, and emotional needs until they can return home. When reunifying children with their family is not possible, the obligation remains to seek other forms of permanency, such as adoption or guardianship. To achieve this intent, the Legislature recognizes the following:
(1)That the experience and outcomes of foster youth will be improved by assessing the individual needs of each child and youth at the outset of his or her entry into foster care in order to identify and secure the most appropriate services and placement setting to meet those individualized needs.
(A)Medically necessary physical, behavioral, and mental health services, including, but not limited to, Early and Periodic Screening, Diagnostic, and Treatment (EPSDT), specialty mental health services, and services to ameliorate trauma, need to be made available to children and youth in foster care regardless of their placement setting.
(B)Efforts to achieve legal permanency and emotional permanency are necessary for every child and youth. These include establishing and maintaining connections to siblings, extended family, culture, and, if applicable, tribes.
(C)If necessary to meet their treatment and safety needs, some youth who enter foster care may benefit from an initial, upfront, short-term residential care placement to provide crisis stabilization and the structure they require, with the goal of returning them back home or to a less restrictive, family-based setting as soon as possible. Children should not have to first exhaust a number and variety of less restrictive placements regardless of their individual need, which would be detrimental to their well-being.
(2)That children and youth in foster care have been affected by trauma, both by the fact that they have been separated from their family, and by the circumstances that led to their removal. Recognizing this trauma and minimizing additional trauma should be structured into how practice is implemented for children and youth in foster care.
(3)That youth in foster care under the supervision of county probation departments may require additional considerations when being placed outside of the parental home. When ordering placement, the court and probation officers must consider the safety and needs of the youth and the public safety of the community. Significant reforms have been adopted in the juvenile justice system by the state and by the counties in recognition of the fact that detaining youth far from home is not ideal, but may be necessary for a small percentage of probation youth who have committed the most serious offenses. At the same time, in order to serve those probation youth whose needs can be appropriately met safely in least restrictive, family-based settings, sufficient capacity in home-based family care must be developed.
(4)That research demonstrates that being cared for in a family improves outcomes for children who have experienced abuse and neglect. Therefore, children who cannot safely be placed in home-based family care can go into residentially based care with individualized, specific care plans and intensive therapeutic interventions, as demonstrated by the residentially based services pilot program. These placements should be short-term in nature and designed to enable children and youth to return to their birth, kin, foster, or adoptive families as quickly and safely as possible, supported by services designed to help the child, youth, and family in this transition. With these services, relatives and foster families can care for children and youth with behavioral and mental health challenges that often are associated with neglect and abuse. Placing agency decisions regarding a specific family need to be based on a determination that the family has the ability and capacity to meet the needs of the specific child or youth.
(5)That working with the child, youth, and family as part of a team results in better outcomes. The child and family team, including extended family and community or tribe, is the primary vehicle for collaboration on the assessment, case planning, and placement decisions that are made by placing agencies. Use of these teams is based upon the wraparound model of care and is intended to support social work, practice, and decisionmaking.
(6)That culturally relevant services and supports need to be made available to children, youth, and their caregivers, regardless of the placement setting, and individually tailored to their needs.
(7)That the practice of public agencies, private agencies, and service providers should be aligned through a common core practice model, with county child welfare and probation agencies retaining their case management responsibilities.
(8)That there is a shift in the terminology used with respect to foster care to describe resource families as home-based family care. These families must parent and nurture vulnerable, traumatized children in emergencies, through transitions and crises, and sometimes make them a permanent part of their own families. These families are inclusive of related or unrelated caregivers who are approved to foster, adopt, or take guardianship of children in foster care, regardless of whether they are approved by a public or private agency.
(9)That the needs of children placed in residential group placements can most effectively be met when there is system accountability. Placement decisions should be informed by the providers performance on common indicators that are publicly available. Providers should continuously work to improve the quality of the care they provide by using available data to manage performance.
SEC. 2.Section 7911 of the Family Code is amended to read:7911.The Legislature finds and declares all of the following:
(a)The health and safety of California children placed by a county social services agency or probation department out of state pursuant to the provisions of the Interstate Compact on the Placement of Children are a matter of statewide concern.
(b)The Legislature therefore affirms its intention that the State Department of Social Services has full authority to require an assessment and placement recommendation by a county multidisciplinary team prior to placement of a child in an out-of-state group home, to investigate allegations of child abuse or neglect of minors so placed, and to ensure that out-of-state group homes, accepting California children, meet all California group home licensing standards.
(c)The Legislature also affirms its intention that, on and after January 1, 2017, the licensing standards applicable to out-of-state group homes certified by the department shall be those required of short-term residential treatment centers operated in this state.
(d)This section is declaratory of existing law with respect to the Governors designation of the State Department of Social Services to act as the compact administrator and of that department to act as the single state agency charged with supervision of public social services under Section 10600 of the Welfare and Institutions Code.
SEC. 3.Section 7911.1 of the Family Code is amended to read:7911.1.(a)Notwithstanding any other law, the State Department of Social Services or its designee shall investigate any threat to the health and safety of children placed by a California county social services agency or probation department in an out-of-state group home pursuant to the provisions of the Interstate Compact on the Placement of Children. This authority shall include the authority to interview children or staff in private or review their file at the out-of-state facility or wherever the child or files may be at the time of the investigation. Notwithstanding any other law, the State Department of Social Services or its designee shall require certified out-of-state group homes to comply with the reporting requirements applicable to group homes licensed in California pursuant to Title 22 of the California Code of Regulations for each child in care regardless of whether he or she is a California placement, by submitting a copy of the required reports to the Compact Administrator within regulatory timeframes. The Compact Administrator within one business day of receiving a serious events report shall verbally notify the appropriate placement agencies and within five working days of receiving a written report from the out-of-state group home, forward a copy of the written report to the appropriate placement agencies.
(b)Any contract, memorandum of understanding, or agreement entered into pursuant to paragraph (b) of Article 5 of the Interstate Compact on the Placement of Children regarding the placement of a child out of state by a California county social services agency or probation department shall include the language set forth in subdivision (a).
(c)(1)The State Department of Social Services or its designee shall perform initial and continuing inspection of out-of-state group homes in order to either certify that the out-of-state group home meets all licensure standards required of group homes operated in California or that the department has granted a waiver to a specific licensing standard upon a finding that there exists no adverse impact to health and safety.
(2)On and after January 1, 2017, the licensing standards applicable to out-of-state group homes certified by the department, as described in paragraph (1) shall be those required of short-term residential treatment centers operated in this state.
(3)(A)Except as provided in subparagraph (B), on and after January 1, 2017, an out-of-state group home program shall have both of the following credentials in order to receive an AFDC-FC rate:
(i)An accreditation from a nationally recognized accrediting entity identified by the State Department of Social Services pursuant to the process described in paragraph (4) (5) of subdivision (b) of Section 11462 of the Welfare and Institutions Code. Notwithstanding this paragraph, the department may grant a provisional rate to an out-of-state group home program if the program meets the requirements of subparagraph (D) of paragraph (2) of subdivision (g) (c) of Section 11402 11460 of the Welfare and Institutions Code.
(ii)A mental health certification equivalent to that required in Section 11462.01 of the Welfare and Institutions Code.
(B)If an out-of-state group home program is granted an extension pursuant to the exception process described in subdivision (d) of Section 11462.04 of the Welfare and Institutions Code, this paragraph shall apply to that group home on and after January 1, 2018.
(4)Any failure by an out-of-state group home facility to make children or staff available as required by subdivision (a) for a private interview or make files available for review shall be grounds to deny or discontinue the certification. The State Department of Social Services shall grant or deny an initial certification or a waiver under this subdivision to an out-of-state group home facility that has more than six California children placed by a county social services agency or probation department by August 19, 1999. The department shall grant or deny an initial certification or a waiver under this subdivision to an out-of-state group home facility that has six or fewer California children placed by a county social services agency or probation department by February 19, 2000. Certifications made pursuant to this subdivision shall be reviewed annually.
(d)Within six months of the effective date of this section, a county shall be required to obtain an assessment and placement recommendation by a county multidisciplinary team for each child in an out-of-state group home facility. On or after March 1, 1999, a county shall be required to obtain an assessment and placement recommendation by a county multidisciplinary team prior to placement of a child in an out-of-state group home facility.
(e)Any failure by an out-of-state group home to obtain or maintain its certification as required by subdivision (c) shall preclude the use of any public funds, whether county, state, or federal, in the payment for the placement of any child in that out-of-state group home, pursuant to the Interstate Compact on the Placement of Children.
(f)(1)A multidisciplinary team shall consist of participating members from county social services, county mental health, county probation, county superintendents of schools, and other members as determined by the county.
(2)Participants shall have knowledge or experience in the prevention, identification, and treatment of child abuse and neglect cases, and shall be qualified to recommend a broad range of services related to child abuse or neglect.
(g)(1)The department may deny, suspend, or discontinue the certification of the out-of-state group home if the department makes a finding that the group home is not operating in compliance with the requirements of subdivision (c).
(2)Any judicial proceeding to contest the departments 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 departments certification under this section.
SEC. 4.Section 7912 of the Family Code is amended to read:7912.(a)The Legislature finds and declares that the health and safety of children in out-of-state group home care pursuant to the Interstate Compact on the Placement of Children is a matter of statewide concern. The Legislature therefore affirms its intention that children placed by a county social services agency or probation department in out-of-state group homes be accorded the same personal rights and safeguards of a child placed in a California group home. This section is in clarification of existing law.
(b)(1)The Compact Administrator may temporarily suspend any new placements in an out-of-state group home, for a period not to exceed 100 days, pending the completion of an investigation, pursuant to subdivision (a) of Section 7911.1, regarding a threat to the health and safety of children in care. During any suspension period the department or its designee shall have staff daily onsite at the out-of-state group home.
(2)On and after January 1, 2017, the licensing standards applicable to out-of-state group homes certified by the State Department of Social Services shall be those required of short-term residential treatment centers operated in this state.
SEC. 5.Section 6276.38 of the Government Code is amended to read:6276.38.Radioactive materials, dissemination of information about transportation of, Section 33002, Vehicle Code.
Railroad infrastructure protection program, disclosure not required for risk assessments filed with the Public Utilities Commission, the Director of Emergency Services, or the Office of Emergency Services, Section 6254.23.
Real estate broker, annual report to Bureau of Real Estate of financial information, confidentiality of, Section 10232.2, Business and Professions Code.
Real property, acquisition by state or local government, information relating to feasibility, subdivision (h), Section 6254.
Real property, change in ownership statement, confidentiality of, Section 27280.
Records described in Section 1620 of the Penal Code.
Records of contract purchasers, inspection by public prohibited, Section 85, Military and Veterans Code.
Records of persons committed to a state hospital pursuant to Section 4135 of the Welfare and Institutions Code.
Registered public obligations, inspection of records of security interests in, Section 5060.
Registration of exempt vehicles, nondisclosure of name of person involved in alleged violation, Section 5003, Vehicle Code.
Rehabilitation, Department of, confidential information, Section 19016, Welfare and Institutions Code.
Reinsurance intermediary-broker license information, confidentiality of, Section 1781.3, Insurance Code.
Relocation assistance, confidential records submitted to a public entity by a business or farm operation, Section 7262.
Rent control ordinance, confidentiality of information concerning accommodations sought to be withdrawn from, Section 7060.4.
Report of probation officer, inspection, copies, Section 1203.05, Penal Code.
Repossession agency licensee application, confidentiality of information, Sections 7503, 7504, and 7506.5, Business and Professions Code.
Reproductive health facilities, disclosure not required for personal information regarding employees, volunteers, board members, owners, partners, officers, and contractors of a reproductive health services facility who have provided requisite notification, Section 6254.18.
Residence address in any record of Department of Housing and Community Development, confidentiality of, Section 6254.1.
Residence address in any record of Department of Motor Vehicles, confidentiality of, Section 6254.1, Government Code, and Section 1808.21, Vehicle Code.
Residence and mailing addresses in records of Department of Motor Vehicles, confidentiality of, Section 1810.7, Vehicle Code.
Residential care facilities, confidentiality of resident information, Section 1568.08, Health and Safety Code.
Residential care facilities for the elderly, confidentiality of client information, Section 1569.315, Health and Safety Code.
Resource families, identifying information, Section 16519.55, Welfare and Institutions Code.
Respiratory care practitioner, professional competency examination reports, confidentiality of, Section 3756, Business and Professions Code.
Restraint of trade, civil action by district attorney, confidential memorandum, Section 16750, Business and Professions Code.
Reward by Governor for information leading to arrest and conviction, confidentiality of person supplying information, Section 1547, Penal Code.
Safe surrender site, confidentiality of information pertaining to a parent or individual surrendering a child, Section 1255.7, Health and Safety Code.
SEC. 6.Section 1502 of the Health and Safety Code is amended to read:1502.As used in this chapter:
(a)Community care facility means any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and includes the following:
(1)Residential facility means any family home, group care facility, or similar facility determined by the director, for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.
(2)Adult day program means any community-based facility or program that provides care to persons 18 years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of these individuals on less than a 24-hour basis.
(3)Therapeutic day services facility means any facility that provides nonmedical care, counseling, educational or vocational support, or social rehabilitation services on less than a 24-hour basis to persons under 18 years of age who would otherwise be placed in foster care or who are returning to families from foster care. Program standards for these facilities shall be developed by the department, pursuant to Section 1530, in consultation with therapeutic day services and foster care providers.
(4)Foster family agency means any public agency or private organization engaged in the recruiting, certifying, and training of, and providing professional support to, foster parents, or in finding homes or other places for placement of children for temporary or permanent care who require that level of care. Private foster family agencies shall be organized and operated on a nonprofit basis.
(5)Foster family home means any residential facility providing 24-hour care for six or fewer foster children that is owned, leased, or rented and is the residence of the foster parent or parents, including their family, in whose care the foster children have been placed. The placement may be by a public or private child placement agency or by a court order, or by voluntary placement by a parent, parents, or guardian. It also means a foster family home described in Section 1505.2.
(6)Small family home means any residential facility, in the licensees family residence, that provides 24-hour care for six or fewer foster children who have mental disorders or developmental or physical disabilities and who require special care and supervision as a result of their disabilities. A small family home may accept children with special health care needs, pursuant to subdivision (a) of Section 17710 of the Welfare and Institutions Code. In addition to placing children with special health care needs, the department may approve placement of children without special health care needs, up to the licensed capacity.
(7)Social rehabilitation facility means any residential facility that provides social rehabilitation services for no longer than 18 months in a group setting to adults recovering from mental illness who temporarily need assistance, guidance, or counseling. Program components shall be subject to program standards pursuant to Article 1 (commencing with Section 5670) of Chapter 2.5 of Part 2 of Division 5 of the Welfare and Institutions Code.
(8)Community treatment facility means any residential facility that provides mental health treatment services to children in a group setting and that has the capacity to provide secure containment. Program components shall be subject to program standards developed and enforced by the State Department of Health Care Services pursuant to Section 4094 of the Welfare and Institutions Code.
Nothing in this section shall be construed to prohibit or discourage placement of persons who have mental or physical disabilities into any category of community care facility that meets the needs of the individual placed, if the placement is consistent with the licensing regulations of the department.
(9)Full-service adoption agency means any licensed entity engaged in the business of providing adoption services, that does all of the following:
(A)Assumes care, custody, and control of a child through relinquishment of the child to the agency or involuntary termination of parental rights to the child.
(B)Assesses the birth parents, prospective adoptive parents, or child.
(C)Places children for adoption.
(D)Supervises adoptive placements.
Private full-service adoption agencies shall be organized and operated on a nonprofit basis. As a condition of licensure to provide intercountry adoption services, a full-service adoption agency shall be accredited and in good standing according to Part 96 of Title 22 of the Code of Federal Regulations, or supervised by an accredited primary provider, or acting as an exempted provider, in compliance with Subpart F (commencing with Section 96.29) of Part 96 of Title 22 of the Code of Federal Regulations.
(10)Noncustodial adoption agency means any licensed entity engaged in the business of providing adoption services, that does all of the following:
(A)Assesses the prospective adoptive parents.
(B)Cooperatively matches children freed for adoption, who are under the care, custody, and control of a licensed adoption agency, for adoption, with assessed and approved adoptive applicants.
(C)Cooperatively supervises adoptive placements with a full-service adoptive agency, but does not disrupt a placement or remove a child from a placement.
Private noncustodial adoption agencies shall be organized and operated on a nonprofit basis. As a condition of licensure to provide intercountry adoption services, a noncustodial adoption agency shall be accredited and in good standing according to Part 96 of Title 22 of the Code of Federal Regulations, or supervised by an accredited primary provider, or acting as an exempted provider, in compliance with Subpart F (commencing with Section 96.29) of Part 96 of Title 22 of the Code of Federal Regulations.
(11)Transitional shelter care facility means any group care facility that provides for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. Program components shall be subject to program standards developed by the State Department of Social Services pursuant to Section 1502.3.
(12)Transitional housing placement provider means an organization licensed by the department pursuant to Section 1559.110 and Section 16522.1 of the Welfare and Institutions Code to provide transitional housing to foster children at least 16 years of age and not more than 18 years of age, and nonminor dependents, as defined in subdivision (v) of Section 11400 of the Welfare and Institutions Code, to promote their transition to adulthood. A transitional housing placement provider shall be privately operated and organized on a nonprofit basis.
(13)Group home means a residential facility that provides 24-hour care and supervision to children, delivered at least in part by staff employed by the licensee in a structured environment. The care and supervision provided by a group home shall be nonmedical, except as otherwise permitted by law.
(14)Runaway and homeless youth shelter means a group home licensed by the department to operate a program pursuant to Section 1502.35 to provide voluntary, short-term, shelter and personal services to runaway youth or homeless youth, as defined in paragraph (2) of subdivision (a) of Section 1502.35.
(15)Enhanced behavioral supports home means a facility certified by the State Department of Developmental Services pursuant to Article 3.6 (commencing with Section 4684.80) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code, and licensed by the State Department of Social Services as an adult residential facility or a group home that provides 24-hour nonmedical care to individuals with developmental disabilities who require enhanced behavioral supports, staffing, and supervision in a homelike setting. An enhanced behavioral supports home shall have a maximum capacity of four consumers, shall conform to Section 441.530(a)(1) of Title 42 of the Code of Federal Regulations, and shall be eligible for federal Medicaid home- and community-based services funding.
(16)Community crisis home means a facility certified by the State Department of Developmental Services pursuant to Article 8 (commencing with Section 4698) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code, and licensed by the State Department of Social Services pursuant to Article 9.7 (commencing with Section 1567.80), as an adult residential facility, providing 24-hour nonmedical care to individuals with developmental disabilities receiving regional center service, in need of crisis intervention services, and who would otherwise be at risk of admission to the acute crisis center at Fairview Developmental Center, Sonoma Developmental Center, an acute general hospital, acute psychiatric hospital, an institution for mental disease, as described in Part 5 (commencing with Section 5900) of Division 5 of the Welfare and Institutions Code, or an out-of-state placement. A community crisis home shall have a maximum capacity of eight consumers, as defined in subdivision (a) of Section 1567.80, shall conform to Section 441.530(a)(1) of Title 42 of the Code of Federal Regulations, and shall be eligible for federal Medicaid home- and community-based services funding.
(17)Crisis nursery means a facility licensed by the department to operate a program pursuant to Section 1516 to provide short-term care and supervision for children under six years of age who are voluntarily placed for temporary care by a parent or legal guardian due to a family crisis or stressful situation.
(18)Short-term residential treatment center means a residential facility 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, including core services as set forth, on and after January 1, 2017, in paragraph (1) of subdivision (b) of Section 11462 of the Welfare and Institutions Code, and 24-hour care and supervision to children. The care and supervision provided by a short-term residential treatment center shall be nonmedical, except as otherwise permitted by law.
(b)Department or state department means the State Department of Social Services.
(c)Director means the Director of Social Services.
SEC. 7.Section 1502.4 of the Health and Safety Code is amended to read:1502.4.(a)(1)A community care facility licensed as a group home for children pursuant to this chapter may accept for placement, and provide care and supervision to, a child assessed as having an emotional disturbance, seriously emotionally disturbed, as long as the child does not need inpatient care in a licensed health facility.
(2)For the purpose of this chapter, the following definitions shall apply:
(A)Inpatient care in a licensed health facility means care and supervision at a level greater than incidental medical services as specified in Section 1507.
(B)Emotional disturbance has the same meaning as that term is defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations.
(B)Seriously emotionally disturbed has the same meaning as that term is used in Section 5600.3 of the Welfare and Institutions Code.
(b)If a child described in subdivision (a) is placed into a group home program classified at rate classification level 13 or rate classification level 14 pursuant to Section 11462.01 of the Welfare and Institutions Code, the licensee shall meet both of the following requirements:
(1)The licensee shall agree to accept, for placement into its group home program, only children who have been assessed as having an emotional disturbance seriously emotionally disturbed, by either of the following:
(A)An interagency placement committee, as described in Section 4096 of the Welfare and Institutions Code or by a licensed mental health professional, as defined in subdivision (g) of Section 4096 of the Welfare and Institutions Code.
(B)A licensed mental health professional as defined in subdivision (g) of Section 4096 of the Welfare and Institutions Code if the child is privately placed or only county funded.
(2)The program is certified by the State Department of Health Care Services, pursuant to Section 4096.5 of the Welfare and Institutions Code, as a program that provides mental health treatment services for children assessed as having an emotional disturbance. seriously emotionally disturbed children.
(c)The department shall not evaluate, or have any responsibility or liability with regard to the evaluation of, the mental health treatment services provided pursuant to this section and paragraph (3) of subdivision (f) of Section 11462.01 of the Welfare and Institutions Code.
(d)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 8.Section 1502.4 is added to the Health and Safety Code, to read:1502.4.(a)A licensed short-term residential treatment center, as defined in paragraph (18) of subdivision (a) of Section 1502, may accept for placement a child who does not require inpatient care in a licensed health facility and who has been assessed pursuant to Section 11462.01 of the Welfare and Institutions Code as meeting the applicable criteria for placement in a short-term residential treatment center.
(b)A licensed foster family agency, as defined in paragraph (4) of subdivision (a) of Section 1502, may accept for placement a child who does not require inpatient care in a licensed health facility and who has been assessed pursuant to Section 11462.01 of the Welfare and Institutions Code as meeting the applicable criteria for placement by a foster family agency.
(c)For the purposes of this chapter, the following definitions shall apply:
(1)Inpatient care in a licensed health facility means care and supervision at a level greater than incidental medical services as specified in Section 1507.
(2)Emotional disturbance has the same meaning as that term is used in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations.
(2)Seriously emotionally disturbed has the same meaning as that term is used in Section 5600.3 of the Welfare and Institutions Code.
(d)The department shall not evaluate, nor have any responsibility or liability with regard to the evaluation of, the mental health treatment services provided pursuant to this section and paragraph (3) of subdivision (f) of Section 11462.01 of the Welfare and Institutions Code.
(e)This section shall become operative on January 1, 2017.
SEC. 9.Section 1502.45 is added to the Health and Safety Code, immediately following Section 1502.4, to read:1502.45.(a)(1)Notwithstanding Section 1502.4, a community care facility licensed as a group home for children pursuant to this chapter may accept for placement, and provide care and supervision to, a child assessed as having an emotional disturbance seriously emotionally disturbed as long as the child does not need inpatient care in a licensed health facility.
(2)For the purpose of this section, the following definitions shall apply:
(A)Inpatient care in a licensed health facility means care and supervision at a level greater than incidental medical services as specified in Section 1507.
(B)Emotional disturbance has the same meaning as that term is defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations.
(B)Seriously emotionally disturbed has the same meaning as that term is used in Section 5600.3 of the Welfare and Institutions Code.
(b)If a child described in subdivision (a) is placed into a group home program classified at rate classification level 13 or rate classification level 14 pursuant to Section 11462.015 of the Welfare and Institutions Code, the licensee shall meet both of the following requirements:
(1)The licensee shall agree to accept, for placement into its group home program, children who have been assessed as having an emotional disturbance seriously emotionally disturbed by either of the following:
(A)An interagency placement committee, as described in Section 4096.1 of the Welfare and Institutions Code or by a licensed mental health professional, as defined in subdivision (g) of Section 4096 of the Welfare and Institutions Code.
(B)A licensed mental health professional as defined in subdivision (g) of Section 4096 of the Welfare and Institutions Code if the child is privately placed or only county funded.
(2)The program is certified by the State Department of Health Care Services, pursuant to Section 4096.55 of the Welfare and Institutions Code, as a program that provides mental health treatment services for children who have been assessed as having an emotional disturbance. seriously emotionally disturbed children.
(c)The department shall not evaluate, or have any responsibility or liability with regard to the evaluation of, the mental health treatment services provided pursuant to this section and paragraph (3) of subdivision (f) of Section 11462.015 of the Welfare and Institutions Code.
(d)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 of the Welfare and Institutions Code.
(e)This section shall become operative on January 1, 2017.
(f)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 10.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 foster family agency functions may use only a certified family home that has been certified by that agency or a licensed foster family home approved for this use by the licensing county pursuant to Section 1506.5.
(2)Any home selected and certified 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 subject to Section 1508. A certified family home may not be concurrently 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 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. The determination regarding whether and how long he or she may remain as a resident after the age of 18 years shall be made through the agreement of all parties involved, including the resident, the foster parent, the foster family agency social worker, the residents regional center case manager, and the residents parent, legal guardian, or conservator, as appropriate. This determination shall include a needs and service plan that contains an assessment of the childs 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 childs 18th birthday. The assessment shall be documented and maintained in the childs file with the foster family agency.
(b)(1)A foster family agency shall certify to the department that the home has met the departments licensing standards. A foster family agency may require a 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 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.
(c)The department shall develop licensing regulations differentiating between foster family agencies that provide treatment of children in foster families and those that provide nontreatment services.
(d)
(c)As used in this chapter, certified family home means a family residence certified by a licensed foster family agency and issued a certificate of approval by that agency as meeting licensing standards, and used only by that foster family agency for placements.
(e)
(d)(1)Requirements for social work personnel for a foster family agency shall be a masters 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 masters 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.
(f)
(e)(1)In addition to the degree specifications in subdivision (e), (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 masters 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 (e) or (f) (d) or (e) may apply for an exception as provided for in subdivisions (g) and (h). (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 (e) (d) may be used to satisfy the requirements of this subdivision.
(g)
(f)Individuals seeking an exception to the requirements of subdivision (e) or (f) (d) or (e) based on completion of equivalent education and experience shall apply to the department by the process established by the department.
(h)
(g)The department shall be required to complete the process for the exception to minimum education and experience requirements described in subdivisions (e) and (f) (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.
(i)
(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.
(j)
(i)For purposes of this section, social work personnel means supervising social workers as well as nonsupervisory social workers.
SEC. 10.SEC. 11.Section 1506.1 is added to the Health and Safety Code, to read:1506.1.(a)A foster family agency shall prepare and maintain a current, written plan of operation as required by the department.
(b)(1)On and after January 1, 2017, a foster family agency shall have national accreditation from an entity identified by the department pursuant to the process described in paragraph (8) of subdivision (b) of Section 11463 of the Welfare and Institutions Code.
(2)Notwithstanding paragraph (1), the department may issue a provisional license to a foster family agency and may extend the term of the provisional license in order for the foster family agency to secure accreditation as set forth in subdivision (c) of Section 1525.5.
(c)(1)On and after January 1, 2017, a foster family agencys plan of operation shall demonstrate the foster family agencys ability to support the differing needs of children and their families.
(2)In addition to complying with the rules and regulations adopted pursuant to this chapter, a foster family agencys 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)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.
(D)How the foster family agency will comply with the resource family approval standards and requirements, as set forth in Section 16519.5 of the Welfare and Institutions Code.
(E)
(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 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.
(F)
(e)The foster family agencys plan of operation shall demonstrate the foster family agencys ability to provide treatment services to meet the individual needs of children placed in licensed, approved, or certified relative and nonrelative foster families, as specified in Section 11402 of the Welfare and Institutions Code.
(d)
(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.
(e)
(g)(1)Upon request of a county, a foster family agency shall submit its plan of operation to the county which it will primarily serve. The county may review the plan of operation to determine whether to issue a certification of all of the following:
(A)The program is needed by the county.
(B)The provider is capable of effectively and efficiently operating the program.
(C)The provider is willing and able to accept placements who need the level of care and services that will be provided by the program.
(D)The plan of operation is suitable to meet the needs of the identified population.
(2)The department shall establish procedures for certification pursuant to paragraph (1), in consultation with the County Welfare Directors Association, Association of California, Chief Probation Officers of California, and other stakeholders, as appropriate.
SEC. 11.SEC. 12.Section 1507.25 of the Health and Safety Code is amended to read:1507.25.(a)(1)Notwithstanding any other law, a person described in paragraph (2), who is not a licensed health care professional, but who is trained to administer injections by a licensed health care professional practicing within his or her scope of practice, may administer emergency medical assistance and injections for severe diabetic hypoglycemia and anaphylactic shock to a foster child in placement.
(2)The following individuals shall be authorized to administer emergency medical assistance and injections in accordance with this subdivision:
(A)A relative caregiver.
(B)A nonrelative extended family member.
(C)A foster family home parent.
(D)A member of a resource family, as defined in subdivision (c) of Section 16519.5 of the Welfare and Institutions Code.
(E)A small family home parent.
(F)A certified parent of a foster family agency.
(G)A substitute caregiver of a foster family home or a certified family home.
(H)A staff member of a small family home or a group home who provides direct care and supervision to children and youth residing in the small family home or group home.
(I)A 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.
(3)The licensed health care professional shall periodically review, correct, or update training provided pursuant to this section as he or she deems necessary and appropriate.
(b)(1)Notwithstanding any other law, a person described in paragraph (2), who is not a licensed health care professional, but who is trained to administer injections by a licensed health care professional practicing within his or her scope of practice, may administer subcutaneous injections of other medications, including insulin, as prescribed by the childs physician, to a foster child in placement.
(2)The following individuals shall be authorized to give prescribed injections including insulin in accordance with this subdivision:
(A)A relative caregiver.
(B)A nonrelative extended family member.
(C)A foster family home parent.
(D)A member of a resource family, as defined in subdivision (c) of Section 16519.5 of the Welfare and Institutions Code.
(E)A small family home parent.
(F)A certified parent of a foster family agency.
(G)In the absence of a foster parent, a designated substitute caregiver in a foster family home or a certified family home.
(H)A direct care 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.
(3)The licensed health care professional shall periodically review, correct, or update training provided pursuant to this section as he or she deems necessary and appropriate.
(c)For purposes of this section, administration of an insulin injection shall include all necessary supportive activities related to the preparation and administration of the injection, including glucose testing and monitoring.
(d)Notwithstanding Part 5.5 (commencing with Section 17700) of Division 9 of, and particularly subdivision (g) of Section 17710 of, the Welfare and Institutions Code, a childs need to receive injections pursuant to this section shall not be the sole basis for determining that the child has a medical condition requiring specialized in-home health care.
(e)This section does not supersede the requirements of Section 369.5 of the Welfare and Institutions Code, with respect to the administration of psychotropic medication to a dependent child of the court.
SEC. 12.SEC. 13.Section 1517 is added to the Health and Safety Code, to read:1517.(a)(1)Pursuant to subdivision (a) of Section 16519.5 of the Welfare and Institutions Code, the State Department of Social Services, shall implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, approving relatives and nonrelative extended family members as foster care providers, and approving adoptive families.
(2)For purposes of this section, a resource family means an individual or couple that have successfully met both the home approval standards 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)A foster family agency that is selected and authorized to participate in early implementation of the resource family approval program, pursuant to subdivision (r) (t) of Section 16519.5 of the Welfare and Institutions Code, shall comply with the provisions of this section.
(1)Notwithstanding any other law, the 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 adopted thereto, and other applicable laws prior to approval and in order to maintain approval.
(2)The foster family agency shall be responsible for all of the following:
(A)Complying with the applicable provisions of the Community Care Facilities Act (commencing with Section 1500), the regulations for foster family agencies, the resource family approval standards and requirements set forth in Section 16519.5 of the Welfare and Institutions Code, and the applicable written directives adopted thereto as directed by the department.
(B)Implementing the requirements for the home approval and permanency assessment and utilizing standardized documentation established by the department.
(C)Ensuring staff have the education and experience necessary to complete the home approval environment and permanency assessment assessments competently.
(D)Approving and denying resource family applications, including all of the following:
(i)Rescinding resource family approvals when appropriate, consistent with the established standard.
(ii)Providing to the department a log of resource families that were approved or rescinded during the month by the 10th day of the following month. For purposes of subdivision (d) of Section 1536, a certified family home includes a resource family approved by the foster family agency pursuant to this section.
(iii)Updating resource family approval annually.
(E)Monitoring resource families through all of the following:
(i)Ensuring that social workers who identify a condition in the home that may not meet the resource family approval standards while in the course of a routine visit to children subsequently placed with a resource family take appropriate action as needed.
(ii)Requiring resource families to comply with corrective action plans as necessary to correct identified deficiencies. If corrective action is not completed as specified in the plan, the foster family agency or the department may rescind the approval of the resource family in accordance with the written directives 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 adopted pursuant to Section 16519.5 of the Welfare and Institutions Code.
(F)Performing corrective action as required by the department.
(G)Submitting information and data that the department determines is necessary to study, monitor, and prepare the report specified in paragraph (9) of subdivision (f) of Section 16519.5 of the Welfare and Institutions Code.
(H)Ensuring resource family applicants and resource families meet the training requirements set forth in paragraphs (12) to (14), inclusive, of subdivision (g) subdivisions (g) and (h) of Section 16519.5 of the Welfare and Institutions Code.
(3)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 investigating all complaints against a resource family approved by the 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 adopted pursuant to Section 16519.5 of the Welfare and Institutions Code.
(A)The department may enter and inspect the home of a resource family approved by the foster family agency to secure compliance with the resource family approval standards, investigate a complaint or incident, or ensure the quality of care provided.
(4)Nothing in this section or Section 16519.5 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.
(c)For purposes of paragraph (3) of subdivision (b) of Section 1523.1, a certified family home includes a resource family approved by the foster family agency pursuant to this section.
(d)(1)On and after January 1, 2017, all licensed foster family agencies shall approve resource families in lieu of certifying foster homes. A foster family agency shall require its applicants and resource families to meet the approval standards and requirements set forth in Section 16519.5 of the Welfare and Institutions Code, the written directives adopted thereto, and other applicable laws prior to approval and in order to maintain approval. approval.
(2)No later than July 1, 2017, each foster family agency shall provide the following information to all certified family homes:
(A)A detailed description of the resource family approval program.
(B)Notification that, in order to care for a foster child, resource family approval is required by December 31, 2019.
(C)Notification that a certificate of approval shall be forfeited by operation of law as provided for in paragraph (4).
(3)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 at any time, 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 (2) of subdivision (d) of Section 16519.5 of the Welfare and Institutions Code.
(4)A county shall provide supportive services to all certified family homes with a child in placement to assist with the resource family transition and to minimize placement disruptions.
(5)All certificates of approval shall be forfeited by operation of law on December 31, 2019, except as provided in this paragraph:
(A)A certified family home that did not have a child in placement at any time between January 1, 2017, and December 31, 2017, inclusive, shall forfeit by operation of law its certificate of approval on January 1, 2018.
(B)For a certified family home with a pending resource family application on December 31, 2019, the certificate of approval shall be forfeited by operation of law on the date of approval as a resource family. If approval is denied, forfeiture by operation of law shall occur on the date of completion of any proceedings required by law to ensure due process.
SEC. 13.SEC. 14.Section 1520.1 of the Health and Safety Code is amended to read:1520.1.In addition to Section 1520, applicants for a group home or short-term residential treatment center license shall meet the following requirements:
(a)(1)During the first 12 months of operation, the facility shall operate with a provisional license. After eight months of operation, the department shall conduct a comprehensive review of the facility for compliance with all applicable laws and regulations and help develop a plan of correction with the provisional licensee, if appropriate. By the end of the 12th month of operation, the department shall determine if the permanent license should be issued.
(2)If the department determines that the group home or short-term residential treatment center is in substantial compliance with licensing standards, notwithstanding Section 1525.5, the department may extend the provisional license for up to an additional six months for either of the following reasons:
(A)The group home or short-term residential treatment center requires additional time to be in full compliance with licensing standards.
(B)After 12 months of operation, the group home or short-term residential treatment center is not operating at 50 percent of its licensed capacity.
(3)By no later than the first business day of the 17th month of operation, the department shall conduct an additional review of a facility for which a provisional license is extended pursuant to paragraph (2), in order to determine whether a permanent license should be issued.
(4)At the time of its review pursuant to paragraph (3), the department may extend the term of a provisional license for a period not to exceed two years, only if it determines that this additional time period is required to secure accreditation from an entity identified by the department pursuant to the process described in paragraph (4) (5) of subdivision (b) of Section 11462 Welfare and Institutions Code and provided that all other requirements for a license have been met.
(5)The department may deny a group home or short-term residential treatment center license application at any time during the term of the provisional license to protect the health and safety of clients. If the department denies the application, the group home or short-term residential treatment center shall cease operation immediately. Continued operation of the facility after the department denies the application or the provisional license expires shall constitute unlicensed operation.
(6)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 homes or short-term residential treatment centers operation may be filed.
(b)An applicant for a short-term residential treatment center license shall submit to the department a certification from the county which it primarily serves as set forth in subdivision (c) of Section 1562.01.
(c)
(b)(1)After the production of the booklet provided for in paragraph (2), every member of the group homes board of directors or governing body and every member of a short-term residential treatment centers 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 homes or short-term residential treatment centers 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 providers or short-term residential treatment center providers 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 (g), (f), member duties.
(D)A general overview of the laws and regulations governing the group homes or short-term residential treatment centers operation that are enforced by the department.
(d)
(c)All financial records submitted by a facility to the department, or that are submitted as part of an audit of the facility, including, but not limited to, employee timecards and timesheets, shall be signed and dated by the employee and by the group home representative or short-term residential treatment center representative who is responsible for ensuring the accuracy of the information contained in the record, and shall contain an affirmative statement that the signatories understand that the information contained in the document is correct to the best of their knowledge and that submission of false or misleading information may be prosecuted as a crime.
(e)
(d)An applicant, provisional licensee, or licensee shall maintain, submit, and sign financial documents to verify the legitimacy and accuracy of these documents. These documents include, but are not limited to, the group home or short-term residential treatment center application, any financial documents and plans of corrections submitted to the department, and time sheets.
(f)
(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 facilitys 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.
(g)
(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 boards or governing bodys discussion of these documents and the group homes or short-term residential treatment centers operation. The licensee shall make available the minutes of group homes or short-term residential treatment centers board of directors or governing body meetings to the department.
SEC. 14.SEC. 15.Section 1522.2 of the Health and Safety Code is amended to read:1522.2.If a local law enforcement agency, a probation officer, or a local department or agency that provides social services becomes aware that an employee of a community treatment facility, a day treatment facility, a group home, a short-term residential treatment center, or a foster family agency has been arrested for child abuse, as defined in Section 11165.6 of the Penal Code, after determining that the potential for abuse is present and that the employee is free to return to the facility where children are present, the local law enforcement agency, probation officer, or local department or agency shall notify the licensee of the charge of abuse.
SEC. 15.SEC. 16.Section 1522.4 of the Health and Safety Code is amended to read:1522.4.(a)In addition to any other requirements of this chapter and except for foster family homes, small family homes, and certified family homes of foster family agencies, all of the following apply to any community care facility providing 24-hour care for children:
(1)The facility shall have one or more facility managers. Facility manager, as used in this section, means a person on the premises with the authority and responsibility necessary to manage and control the day-to-day operation of a community care facility and supervise the clients. The facility manager, licensee, and administrator, or any combination thereof, may be the same person provided he or she meets all applicable requirements. If the administrator is also the facility manager for the same facility, this person shall be limited to the administration and management of only one facility.
(2)The facility manager shall have at least one year of experience working with the client group served, or equivalent education or experience, as determined by the department.
(3)A facility manager shall be at the facility at all times when one or more clients are present. To ensure adequate supervision of clients when clients are at the facility outside of their normal schedule, a current telephone number where the facility manager can be reached shall be provided to the clients, licensing agency, school, and any other agency or person as the department determines is necessary. The facility manager shall instruct these agencies and individuals to notify him or her when clients will be returning to the facility outside of the normal hours.
(4)The Legislature intends to upgrade the quality of care in licensed facilities. For the purposes of Sections 1533 and 1534, the licensed facility shall be inspected and evaluated for quality of care at least once each year, without advance notice and as often as necessary, without advance notice, to ensure the quality of care being provided.
Paragraphs (1), (2), and (3) shall apply only to new facilities licensed for six or fewer children which apply for a license after January 1, 1985, and all other new facilities licensed for seven or more children which apply for a license after January 1, 1988. Existing facilities licensed for seven or more children shall comply by January 1, 1989.
(b)No employee of the state or county employed in the administration of this chapter or employed in a position that is in any way concerned with facilities licensed under this chapter shall hold a license or have a direct or indirect financial interest in a facility described in subdivision (a).
The department, by regulation, shall make the determination pursuant to the purposes of this section and chapter, as to what employment is in the administration of this chapter or in any way concerned with facilities licensed under this chapter and what financial interest is direct or indirect.
This subdivision does not prohibit the state or county from securing a license for, or operating, a facility that is otherwise required to be licensed under this chapter.
(c)(1)No group home, short-term residential treatment center, or foster family agency licensee, or employee, member of the board of directors, or officer of a group home, short-term residential treatment center, or foster family agency licensee, shall offer gifts or other remuneration of any type to any employee of the State Department of Social Services or placement agency that exceeds the monetary limits for gifts to employees of the State of California pursuant to Title 9 (commencing with Section 81000) of the Government Code and regulations adopted thereunder by the Fair Political Practices Commission.
(2)No employee of the department or a placement agency shall accept any gift or other remuneration of any type from a group home, short-term residential treatment center, or foster family agency licensee or employee, member of the board of directors, or officer of a group home, short-term residential treatment center, or foster family agency licensee that exceeds the monetary limits for gifts to employees of the State of California in Title 9 (commencing with Section 81000) of the Government Code and regulations adopted thereunder by the Fair Political Practices Commission.
(3)Violation of this subdivision is punishable as a misdemeanor.
SEC. 16.SEC. 17.Section 1522.41 of the Health and Safety Code is amended to read:1522.41.(a)(1)The department, in consultation and collaboration with county placement officials, group home provider organizations, the Director of Health Care Services, and the Director of Developmental Services, shall develop and establish an administrator certification training program to ensure that administrators of group home facilities have appropriate training to provide the care and services for which a license or certificate is issued.
(2)The department shall develop and establish an administrator certification training program to ensure that administrators of short-term residential treatment center facilities have appropriate training to provide the care and services for which a license or certificate is issued.
(b)(1)In addition to any other requirements or qualifications required by the department, an administrator of a group home or short-term residential treatment center shall successfully complete a specified department-approved training certification program, pursuant to subdivision (c), prior to employment.
(2)In those cases where the individual is both the licensee and the administrator of a facility, the individual shall comply with all of the licensee and administrator requirements of this section.
(3)Failure to comply with this section shall constitute cause for revocation of the license of the facility.
(4)The licensee shall notify the department within 10 days of any change in administrators.
(c)(1)The administrator certification programs for group homes shall require a minimum of 40 hours of classroom instruction that provides training on a uniform core of knowledge in each of the following areas:
(A)Laws, regulations, and policies and procedural standards that impact the operations of the type of facility for which the applicant will be an administrator.
(B)Business operations.
(C)Management and supervision of staff.
(D)Psychosocial and educational needs of the facility residents.
(E)Community and support services.
(F)Physical needs for facility residents.
(G) Assistance with self-administration, storage, misuse, and interaction of medication used by facility residents.
(H)Resident admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(I)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(J)Nonviolent emergency intervention and reporting requirements.
(K)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(2)The administrator certification programs for short-term residential treatment centers shall require a minimum of 40 hours of classroom instruction that provides training on a uniform core of knowledge in each of the following areas:
(A)Laws, regulations, and policies and procedural standards that impact the operations of the type of facility for which the applicant will be an administrator.
(B)Business operations and management and supervision of staff, including staff training.
(C)Physical and psychosocial needs of the children, including behavior management, de-escalation techniques, and trauma informed crisis management planning.
(D)Educational Permanence, well-being, and educational needs of the children.
(E)Community and support services, including accessing local behavioral and mental health supports and interventions, and culturally relevant services, as appropriate.
(F)(i)Authorization, uses, benefits, side effects, interactions, assistance with self-administration, misuse, documentation, and storage of medications, and metabolic monitoring of children using medications.
(ii)Metabolic monitoring of children prescribed psychotropic medications.
(G)Admission Admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(H)Instruction on cultural competency and sensitivity relating to, and related best practices for, for providing adequate care for children, including, but not limited to, children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, and transgender youth. or transgender.
(I)Nonviolent emergency intervention and reporting requirements.
(J)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(d)Administrators who possess a valid group home license, issued by the department, are exempt from completing an approved initial certification training program and taking a written test, provided the individual completes 12 hours of classroom instruction in the following uniform core of knowledge areas:
(1)Laws, regulations, and policies and procedural standards that impact the operations of a short-term residential treatment center.
(2)(A)Authorization, uses, benefits, side effects, interactions, assistance with self-administration, misuse, documentation, and storage of medications, and metabolic monitoring of children using medications.
(B)Metabolic monitoring of children prescribed psychotropic medications.
(3)Admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(4)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.
(4)
(5)Physical and psychosocial needs of the children, including behavior management, de-escalation techniques, and trauma informed crisis management planning.
(e)Individuals applying for administrator certification under this section shall successfully complete an approved administrator certification training program, pass a written test administered by the department within 60 days of completing the program, and submit to the department the documentation required by subdivision (f) within 30 days after being notified of having passed the test. The department may extend these time deadlines for good cause. The department shall notify the applicant of his or her test results within 30 days of administering the test.
(f)The department shall not begin the process of issuing a certificate until receipt of all of the following:
(1)A certificate of completion of the administrator training required pursuant to this chapter.
(2)The fee required for issuance of the certificate. A fee of one hundred dollars ($100) shall be charged by the department to cover the costs of processing the application for certification.
(3)Documentation from the applicant that he or she has passed the written test.
(4)Submission of fingerprints pursuant to Section 1522. The department may waive the submission for those persons who have a current clearance on file.
(5)That person is at least 21 years of age.
(g)It shall be unlawful for any person not certified under this section to hold himself or herself out as a certified administrator of a group home or short-term residential treatment center. Any person willfully making any false representation as being a certified administrator or facility manager is guilty of a misdemeanor.
(h)(1)Certificates issued under this section shall be renewed every two years and renewal shall be conditional upon the certificate holder submitting documentation of completion of 40 hours of continuing education related to the core of knowledge specified in subdivision (c). No more than one-half of the required 40 hours of continuing education necessary to renew the certificate may be satisfied through online courses. All other continuing education hours shall be completed in a classroom setting. For purposes of this section, an individual who is a group home or short-term residential treatment center administrator and who is required to complete the continuing education hours required by the regulations of the State Department of Developmental Services, and approved by the regional center, may have up to 24 of the required continuing education course hours credited toward the 40-hour continuing education requirement of this section. The department shall accept for certification, community college course hours approved by the regional centers.
(2)Every administrator of a group home or short-term residential treatment center shall complete the continuing education requirements of this subdivision.
(3)Certificates issued under this section shall expire every two years on the anniversary date of the initial issuance of the certificate, except that any administrator receiving his or her initial certification on or after July 1, 1999, shall make an irrevocable election to have his or her recertification date for any subsequent recertification either on the date two years from the date of issuance of the certificate or on the individuals birthday during the second calendar year following certification. The department shall send a renewal notice to the certificate holder 90 days prior to the expiration date of the certificate. If the certificate is not renewed prior to its expiration date, reinstatement shall only be permitted after the certificate holder has paid a delinquency fee equal to three times the renewal fee and has provided evidence of completion of the continuing education required.
(4)To renew a certificate, the certificate holder shall, on or before the certificate expiration date, request renewal by submitting to the department documentation of completion of the required continuing education courses and pay the renewal fee of one hundred dollars ($100), irrespective of receipt of the departments notification of the renewal. A renewal request postmarked on or before the expiration of the certificate shall be proof of compliance with this paragraph.
(5)A suspended or revoked certificate shall be subject to expiration as provided for in this section. If reinstatement of the certificate is approved by the department, the certificate holder, as a condition precedent to reinstatement, shall submit proof of compliance with paragraphs (1) and (2) of this subdivision, and shall pay a fee in an amount equal to the renewal fee, plus the delinquency fee, if any, accrued at the time of its revocation or suspension. Delinquency fees, if any, accrued subsequent to the time of its revocation or suspension and prior to an order for reinstatement, shall be waived for a period of 12 months to allow the individual sufficient time to complete the required continuing education units and to submit the required documentation. Individuals whose certificates will expire within 90 days after the order for reinstatement may be granted a three-month extension to renew their certificates during which time the delinquency fees shall not accrue.
(6)A certificate that is not renewed within four years after its expiration shall not be renewed, restored, reissued, or reinstated except upon completion of a certification training program, passing any test that may be required of an applicant for a new certificate at that time, and paying the appropriate fees provided for in this section.
(7)A fee of twenty-five dollars ($25) shall be charged for the reissuance of a lost certificate.
(8)A certificate holder shall inform the department of his or her employment status and change of mailing address within 30 days of any change.
(i)Unless otherwise ordered by the department, the certificate shall be considered forfeited under either of the following conditions:
(1)The department has revoked any license held by the administrator after the department issued the certificate.
(2)The department has issued an exclusion order against the administrator pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897, after the department issued the certificate, and the administrator did not appeal the exclusion order or, after the appeal, the department issued a decision and order that upheld the exclusion order.
(j)(1)The department, in consultation and collaboration with county placement officials, provider organizations, the State Department of Health Care Services, and the State Department of Developmental Services, shall establish, by regulation, the program content, the testing instrument, the process for approving administrator certification training programs, and criteria to be used in authorizing individuals, organizations, or educational institutions to conduct certification training programs and continuing education courses. The department may also grant continuing education hours for continuing courses offered by accredited educational institutions that are consistent with the requirements in this section. The department may deny vendor approval to any agency or person in any of the following circumstances:
(A)The applicant has not provided the department with evidence satisfactory to the department of the ability of the applicant to satisfy the requirements of vendorization set out in the regulations adopted by the department.
(B)The applicant person or agency has a conflict of interest in that the person or agency places its clients in group homes or short-term residential treatment centers.
(C)The applicant public or private agency has a conflict of interest in that the agency is mandated to place clients in group homes or short-term residential treatment centers and to pay directly for the services. The department may deny vendorization to this type of agency only as long as there are other vendor programs available to conduct the certification training programs and conduct education courses.
(2)The department may authorize vendors to conduct the administrators certification training program pursuant to this section. The department shall conduct the written test pursuant to regulations adopted by the department.
(3)The department shall prepare and maintain an updated list of approved training vendors.
(4)The department may inspect administrator certification training programs and continuing education courses, including online courses, at no charge to the department, to determine if content and teaching methods comply with regulations. If the department determines that any vendor is not complying with the requirements of this section, the department shall take appropriate action to bring the program into compliance, which may include removing the vendor from the approved list.
(5)The department shall establish reasonable procedures and timeframes not to exceed 30 days for the approval of vendor training programs.
(6)The department may charge a reasonable fee, not to exceed one hundred fifty dollars ($150) every two years, to certification program vendors for review and approval of the initial 40-hour training program pursuant to subdivision (c). The department may also charge the vendor a fee, not to exceed one hundred dollars ($100) every two years, for the review and approval of the continuing education courses needed for recertification pursuant to this subdivision.
(7)(A)A vendor of online programs for continuing education shall ensure that each online course contains all of the following:
(i)An interactive portion in which the participant receives feedback, through online communication, based on input from the participant.
(ii)Required use of a personal identification number or personal identification information to confirm the identity of the participant.
(iii)A final screen displaying a printable statement, to be signed by the participant, certifying that the identified participant completed the course. The vendor shall obtain a copy of the final screen statement with the original signature of the participant prior to the issuance of a certificate of completion. The signed statement of completion shall be maintained by the vendor for a period of three years and be available to the department upon demand. Any person who certifies as true any material matter pursuant to this clause that he or she knows to be false is guilty of a misdemeanor.
(B)Nothing in this subdivision shall prohibit the department from approving online programs for continuing education that do not meet the requirements of subparagraph (A) if the vendor demonstrates to the departments satisfaction that, through advanced technology, the course and the course delivery meet the requirements of this section.
(k)The department shall establish a registry for holders of certificates that shall include, at a minimum, information on employment status and criminal record clearance.
(l)Notwithstanding any provision of law to the contrary, vendors approved by the department who exclusively provide either initial or continuing education courses for certification of administrators of a group home or short-term residential treatment center as defined by regulations of the department, an adult residential facility as defined by regulations of the department, or a residential care facility for the elderly as defined in subdivision (k) of Section 1569.2, shall be regulated solely by the department pursuant to this chapter. No other state or local governmental entity shall be responsible for regulating the activity of those vendors.
SEC. 17.SEC. 18.Section 1522.43 of the Health and Safety Code is amended to read:1522.43.(a)(1)For the duties the department imposes on a group home administrator or short-term residential treatment center administrator in this chapter and in regulations adopted by the department, every group home and short-term residential treatment center shall state in its plan of operation, the number of hours per week that the administrator shall spend completing those duties and how the group home administrator or short-term residential treatment center administrator shall accomplish those duties, including use of support personnel.
(2)For initial applicants, the information in paragraph (1) shall be contained in the plan of operation submitted to the department in the application.
(3)For current licensees, the licensee shall submit an amended plan of operation that contains the information required by paragraph (1) within six months of the effective date of this section. For changes in the group home administrator duties imposed by the department in this chapter or in regulations, a current licensee shall have six months after the effective date of those duties to submit an amended plan of operation to reflect the new administrator duties.
(b)(1)The department may review a group homes or short-term residential treatment centers plan of operation to determine if the plan of operation is sufficient to ensure that the facility will operate in compliance with applicable licensing laws and regulations. As part of the review, the department may request that a peer review panel review the plan of operation for a group home as prescribed in paragraph (2), or for a short-term residential treatment center as prescribed in paragraph (3).
(2)The peer review panel shall consist of two representatives from the department, including one from the unit that governs programs and one from the unit that governs licensing, a qualified group home administrator, an experienced group home provider in good standing, and a member or members from the placement agency or agencies that place children in group homes, and may also include the local county behavioral health department, as appropriate.
(3)The peer review panel shall consist of two representatives from the department, including one from the unit that governs programs and one from the unit that governs licensing, a qualified short-term residential treatment center administrator, a short-term residential treatment center provider in good standing, and a member or members from the placement agency or agencies that place children in short-term residential treatment centers, and may also include the local county behavioral health department, as appropriate.
(c)A group home or short-term residential treatment center shall develop a daily schedule of activities for the children at the facility. The facility shall have this schedule available for inspection by the department. The activities in which the children are scheduled to participate shall be designed to meet the needs of the individual child, and shall be based on that childs needs and services plan.
(d)The department shall establish a process, no later than January 1, 2017, for convening the peer review panel as needed to address complaints or other concerns that may arise in the operation of the as set forth in subdivision (b) for review of the plans of operation for short-term residential treatment centers, and shall develop this process in consultation with the County Welfare Directors Association, Association of California, Chief Probation Officers of California, County Behavioral Health Directors Association, Association of California, and stakeholders.
SEC. 18.SEC. 19.Section 1524.6 of the Health and Safety Code is amended to read:1524.6.(a)In addition to any other requirement of this chapter, any group home or short-term residential treatment center, as defined by regulations of the department, providing care for any number of persons, that is not already subject to the requirements of Section 1524.5, shall provide a procedure approved by the licensing agency for immediate response to incidents and complaints, as defined by regulations of the department. This procedure shall include a method of ensuring that the owner, licensee, or person designated by the owner or licensee is notified of the incident or complaint, that the owner, licensee, or person designated by the owner or licensee has personally investigated the matter, and that the person making the complaint or reporting the incident has received a written response, within 30 days of receiving the complaint, of action taken, or a reason why no action needs to be taken.
(b)In order to ensure the opportunity for complaints to be made directly to the owner, licensee, or person designated by the owner or licensee, and to provide the opportunity for the owner, licensee, or person designated by the owner or licensee to meet neighborhood residents and learn of problems in the neighborhood, any group home or short-term residential treatment center shall establish a fixed time on a periodic basis when the owner, licensee, or person designated by the owner or licensee will be present. At this fixed time, information shall be provided to neighborhood residents of the complaint procedure pursuant to Section 1538.
(c)Facilities shall establish procedures to comply with the requirements of this section on or before July 1, 2005.
(d)This section shall not apply to family homes certified by foster family agencies, foster family homes, and small family homes. It is not the intent of the Legislature that this section be applied in a way that is contrary to the childs best interests.
SEC. 19.SEC. 20.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 which the director determines are in substantial compliance with the provisions of this chapter and the rules and regulations adopted pursuant thereto, provided, that no life safety risks are involved, as determined by the director. In determining whether any life safety risks are involved, the director shall require completion of all applicable fire clearances and criminal record clearances as otherwise required by the departments rules and regulations. The provisional license shall expire six months from the date of issuance, or at any earlier time as the director may determine, and may not be renewed. However, the director may extend the term of a provisional license for an additional six months at time of application, if it is determined that more than six months will be required to achieve full compliance with licensing standards due to circumstances beyond the control of the applicant, provided all other requirements for a license have been met.
(b) This section shall not apply to foster family homes.
(c)At the time of its review pursuant to the requirements of this code, Notwithstanding subdivision (a), the department may extend the term of a provisional license issued to a foster family agency, not to exceed two years, only if it determines that this additional time is required to secure accreditation from an entity identified by the department pursuant to the accreditation process described in paragraph (8) of subdivision (b) of Section 11462 11463 of the Welfare and Institutions Code and provided that all other requirements for a license have been met.
SEC. 20.SEC. 21.Section 1529.2 of the Health and Safety Code is amended to read:1529.2.(a)In addition to the foster parent training provided by community colleges, foster family agencies shall provide a program of training for their certified foster families.
(b)(1)Every licensed foster parent shall complete a minimum of 12 hours of foster parent training, as prescribed in paragraph (3), before the placement of any foster children with the foster parent. In addition, a foster parent shall complete a minimum of eight hours of foster parent training annually, as prescribed in paragraph (4). No child shall be placed in a foster family home unless these requirements are met by the persons in the home who are serving as the foster parents.
(2)(A)Upon the request of the foster parent for a hardship waiver from the postplacement training requirement or a request for an extension of the deadline, the county may, at its option, on a case-by-case basis, waive the postplacement training requirement or extend any established deadline for a period not to exceed one year, if the postplacement training requirement presents a severe and unavoidable obstacle to continuing as a foster parent. Obstacles for which a county may grant a hardship waiver or extension are:
(i)Lack of access to training due to the cost or travel required.
(ii)Family emergency.
(B)Before a waiver or extension may be granted, the foster parent should explore the opportunity of receiving training by video or written materials.
(3)The initial preplacement training shall include, but not be limited to, training courses that cover all of the following:
(A)An overview of the child protective and probation systems.
(B)The effects of trauma, including grief and loss, and child abuse and neglect on child development, and methods to behaviorally support children impacted by that trauma.
(C)Positive discipline and the importance of self-esteem.
(D)Health issues in foster care, including, but not limited to, the authorization, uses, risks, benefits, assistance with self-administration, oversight, and monitoring of psychotropic or other medications, and trauma, behavioral health, and other behavioral health mental health, and substance use disorder treatments, for children receiving child welfare services, in foster care under the jurisdiction of the juvenile court, including how to access those treatments.
(E)Accessing education and health services available to foster children.
(F)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(G)Instruction on cultural competency and sensitivity relating to, and and related best practices for, for providing adequate care to for children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, and transgender youth in out-of-home care. or transgender.
(H)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(4)The postplacement annual training shall include, but not be limited to, training courses that cover all of the following:
(A)Age-appropriate child development.
(B)Health issues in foster care.
(C)Positive discipline and the importance of self-esteem.
(D)Emancipation and independent living skills if a foster parent is caring for youth.
(E)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(F)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(5)Foster parent training may be attained through a variety of sources, including community colleges, counties, hospitals, foster parent associations, the California State Foster Parent Associations Conference, adult schools, and certified foster parent instructors.
(6)A candidate for placement of foster children shall submit a certificate of training to document completion of the training requirements. The certificate shall be submitted with the initial consideration for placements and provided at the time of the annual visit by the licensing agency thereafter.
(c)In addition to any training required by this section, a foster parent may be required to receive specialized training, as relevant, for the purpose of preparing the foster parent 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 cultural needs of children, including, but not limited to, cultural competency and sensitivity and related use best practices for providing adequate care and supervision to children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, and transgender children. or transgender.
(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 using prescribed psychotropic medications.
(4)Understanding the federal Indian Child Welfare Act, its historical significance, the rights of children covered by the act, and the best interests of those 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 medically fragile children. children with special health care needs.
(d)Nothing in this section shall preclude a county from requiring county-provided preplacement or postplacement foster parent training in excess of the requirements in this section.
(e)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 21.SEC. 22.Section 1529.2 is added to the Health and Safety Code, to read:1529.2.(a)It is the intent of the Legislature that all foster parents have the necessary knowledge, skills, and abilities to support the safety, permanency, and well-being of children in foster care. Initial and ongoing preparation and training of foster parents should support the foster parents role in parenting vulnerable children, youth, and young adults, including supporting the childrens connection with their families. Their training should be ongoing in order to provide foster parents with information on new practices and requirements and other helpful topics within the child welfare and probation systems and may be offered in a classroom setting, online, or individually.
(b)A licensed or certified foster parent shall complete a minimum of eight training hours annually, a portion of which shall be from one or more of the following topics, as prescribed by the department, pursuant to subdivision (a):
(1)Age-appropriate child and adolescent development.
(2)Health issues in foster care, including, but not limited to, the authorization, uses, risks, benefits, assistance with self-administration, oversight, and monitoring of psychotropic or other medications, and trauma, behavioral health, and other available behavioral health treatments, for children receiving child welfare services, mental health, and substance use disorder treatments for children in foster care under the jurisdiction of the juvenile court, including how to access those treatments.
(3)Positive discipline and the importance of self-esteem.
(4)Preparation of children for a successful transition to adulthood.
(5)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(6)Instruction on cultural competency and sensitivity relating to, and and related best practices for, for providing adequate care to for children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, and transgender youth in out-of-home care. or transgender.
(c)In addition to any training required by this section, a foster parent may be required to receive specialized training, as relevant, for the purpose of preparing the foster parent 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 cultural needs of children, including, but not limited to, cultural competency and sensitivity and related best practices for providing adequate care and supervision to children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, and transgender children. or transgender.
(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 using prescribed psychotropic medications.
(4)Understanding the Indian Child Welfare Act, its historical significance, the rights of children covered by the act, and the best interests of Native American 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 medically fragile children. children with special health care needs.
(d)No child shall be placed with a foster parent unless each foster parent in the home meets the requirements of this section.
(e)(1)Upon the request of the licensed or certified foster parent for a hardship waiver from the annual training requirement or a request for an extension of the deadline, the county may, at its option, on a case-by-case basis, waive the training requirement or extend any established deadline for a period not to exceed one year, if the training requirement presents a severe and unavoidable obstacle to continuing as a foster parent.
(2)Obstacles for which a county may grant a hardship waiver or extension are:
(A)Lack of access to training due to the cost or travel required or lack of child care to participate in the training, when online resources are not available.
(B)Family emergency.
(3)Before a waiver or extension may be granted, the licensed or certified foster parent should explore the opportunity of receiving training online or by video or written materials.
(f)(1)Foster parent training may be obtained through sources that include, but are not necessarily limited to, community colleges, counties, hospitals, foster parent associations, the California State Foster Parent Associations Conference, online resources, adult schools, and certified foster parent instructors.
(2)In addition to the foster parent training provided by community colleges, foster family agencies shall provide a program of training for their certified foster families.
(g)(1)Training certificates shall be submitted to the appropriate licensing or foster family agency.
(2)Upon completion, a licensed or certified parent shall submit a certificate of completion for the annual training requirements.
(h)Nothing in this section shall preclude a county or a foster family agency from requiring foster parent training in excess of the requirements in this section.
(i)This section shall become operative on January 1, 2017.
SEC. 22.SEC. 23.Section 1530.7 of the Health and Safety Code is amended to read:1530.7.(a)Group homes, short-term residential treatment centers, foster family agencies, small family homes, transitional housing placement providers, and crisis nurseries licensed pursuant to this chapter shall maintain a smoke-free environment in the facility.
(b)A person who is licensed or certified pursuant to this chapter to provide residential care in a foster family home or certified family home shall not smoke or permit any other person to smoke inside the facility, and, when the child is present, on the outdoor grounds of the facility.
(c)A person who is licensed or certified pursuant to this chapter to provide residential foster care shall not smoke in any motor vehicle that is regularly used to transport the child.
SEC. 23.SEC. 24.Section 1530.8 of the Health and Safety Code is amended to read:1530.8.(a)(1)The department shall adopt regulations for community care facilities licensed as group homes, and for temporary shelter care facilities as defined in subdivision (c), that care for dependent children, children placed by a regional center, or voluntary placements, who are younger than six years of age. The department shall adopt regulations that apply to short-term residential treatment centers that care for children younger than six years of age. The regulations shall include the standards set forth in subdivision (c) of Section 11467.1 of the Welfare and Institutions Code.
(2)The department shall adopt regulations under this section that apply to minor parent programs serving children younger than six years of age who reside in a group home with a minor parent who is the primary caregiver of the child. The department shall adopt regulations under this section that apply to short-term residential treatment centers that provide minor parent programs serving children younger than six years of age.
(3)To the extent that the department determines they are necessary, the department shall adopt regulations under this section that apply to group homes or short-term residential treatment centers that care for dependent children who are 6 to 12 years of age, inclusive. In order to determine whether such regulations are necessary, and what any resulting standards should include, the department shall consult with interested parties that include, but are not limited to, representatives of current and former foster youth, advocates for children in foster care, county welfare and mental health directors, chief probation officers, representatives of care providers, experts in child development, and representatives of the Legislature. The standards may provide normative guidelines differentiated by the needs specific to children in varying age ranges that fall between 6 and 12 years of age, inclusive. Prior to adopting regulations, the department shall submit for public comment, by July 1, 2016, any proposed regulations.
(b)The regulations shall include physical environment standards, including staffing and health and safety requirements, that meet or exceed state child care standards under Title 5 and Title 22 of the California Code of Regulations.
(c)For purposes of this section, a temporary shelter care facility means any residential facility that meets all of the following requirements:
(1)It is owned and operated by the county or on behalf of a county by a private, nonprofit agency.
(2)It is a 24-hour facility that provides no more than 10 calendar days of residential care and supervision for children under 18 years of age who have been removed from their homes as a result of abuse or neglect, as defined in Section 300 of the Welfare and Institutions Code, or both.
(d)(1)The department may license a temporary shelter care facility pursuant to this chapter on or after January 1, 2016. A temporary shelter care license may be issued only to a county operating a licensed group home, or to an agency on behalf of a county, as of January 1, 2016.
(2)The department shall consult with counties that operate these shelters as licensed group homes to develop a transition plan for the development of temporary shelter care facilities to address the unique circumstances and needs of the populations they serve, while remaining consistent with the principles of the act that added this subdivision.
(3)These transition plans shall describe circumstances under which children will be admitted for a period in excess of 24 hours and reflect necessary staffing levels or staffing transitions.
(e)(1)A group home license issued to a county will be forfeited by operation of law upon receipt of a license to operate a temporary shelter care facility as described in Section 11462.022 of the Welfare and Institutions Code.
(2)Nothing in this subdivision shall preclude a county from applying for and being licensed as a short-term residential treatment center pursuant to Section 1562.01 or a runaway and homeless youth shelter pursuant to Section 1502.35, or a foster family agency as authorized by subdivision (b) of Section 11462.02 of the Welfare and Institutions Code.
SEC. 24.SEC. 25.Section 1531.1 of the Health and Safety Code is amended to read:1531.1.(a)A residential facility licensed as an adult residential facility, group home, short-term residential treatment center, small family home, foster family home, or a family home certified by a foster family agency may install and utilize delayed egress devices of the time delay type.
(b)As used in this section, delayed egress device means a device that precludes the use of exits for a predetermined period of time. These devices shall not delay any residents departure from the facility for longer than 30 seconds.
(c)Within the 30 seconds of delay, facility staff may attempt to redirect a resident who attempts to leave the facility.
(d)Any person accepted by a residential facility or family home certified by a foster family agency utilizing delayed egress devices shall meet all of the following conditions:
(1)The person shall have a developmental disability as defined in Section 4512 of the Welfare and Institutions Code.
(2)The person shall be receiving services and case management from a regional center under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code).
(3)An interdisciplinary team, through the Individual Program Plan (IPP) process pursuant to Section 4646.5 of the Welfare and Institutions Code, shall have determined that the person lacks hazard awareness or impulse control and requires the level of supervision afforded by a facility equipped with delayed egress devices, and that but for this placement, the person would be at risk of admission to, or would have no option but to remain in, a more restrictive state hospital or state developmental center placement.
(e)The facility shall be subject to all fire and building codes, regulations, and standards applicable to residential care facilities for the elderly utilizing delayed egress devices, and shall receive approval by the county or city fire department, the local fire prevention district, or the State Fire Marshal for the installed delayed egress devices.
(f)The facility shall provide staff training regarding the use and operation of the egress control devices utilized by the facility, protection of residents personal rights, lack of hazard awareness and impulse control behavior, and emergency evacuation procedures.
(g)The facility shall develop a plan of operation approved by the State Department of Social Services that includes a description of how the facility is to be equipped with egress control devices that are consistent with regulations adopted by the State Fire Marshal pursuant to Section 13143.
(h)The plan shall include, but shall not be limited to, all of the following:
(1)A description of how the facility will provide training for staff regarding the use and operation of the egress control devices utilized by the facility.
(2)A description of how the facility will ensure the protection of the residents personal rights consistent with Sections 4502, 4503, and 4504 of the Welfare and Institutions Code.
(3)A description of how the facility will manage the persons lack of hazard awareness and impulse control behavior.
(4)A description of the facilitys emergency evacuation procedures.
(i)Delayed egress devices shall not substitute for adequate staff. Except for facilities operating in accordance with Section 1531.15, the capacity of the facility shall not exceed six residents.
(j)Emergency fire and earthquake drills shall be conducted at least once every three months on each shift, and shall include all facility staff providing resident care and supervision on each shift.
SEC. 25.SEC. 26.Section 1531.15 of the Health and Safety Code is amended to read:1531.15.(a)A licensee of an adult residential facility, short-term residential treatment center, or group home for no more than six residents, except for the larger facilities provided for in paragraph (1) of subdivision (k), that is utilizing delayed egress devices pursuant to Section 1531.1, may install and utilize secured perimeters in accordance with the provisions of this section.
(b)As used in this section, secured perimeters means fences that meet the requirements prescribed by this section.
(c)Only individuals meeting all of the following conditions may be admitted to or reside in a facility described in subdivision (a) utilizing secured perimeters:
(1)The person shall have a developmental disability as defined in Section 4512 of the Welfare and Institutions Code.
(2)The person shall be receiving services and case management from a regional center under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code).
(3)(A)The person shall be 14 years of age or older, except as specified in subparagraph (B).
(B)Notwithstanding subparagraph (A), a child who is at least 10 years of age and less than 14 years of age may be placed in a licensed group home described in subdivision (a) using secured perimeters only if both of the following occur:
(i)A comprehensive assessment is conducted and an individual program plan meeting is convened to determine the services and supports needed for the child to receive services in a less restrictive, unlocked residential setting in California, and the regional center requests assistance from the State Department of Developmental Services statewide specialized resource service to identify options to serve the child in a less restrictive, unlocked residential setting in California.
(ii)The regional center requests placement of the child in a licensed group home described in subdivision (a) using secured perimeters on the basis that the placement is necessary to prevent out-of-state placement or placement in a more restrictive, locked residential setting such as a developmental center, institution for mental disease or psychiatric facility, and the State Department of Developmental Services approves the request.
(4)The person is not a foster child under the jurisdiction of the juvenile court pursuant to Section 300, 450, 601, or 602 of the Welfare and Institutions Code.
(5)(A)An interdisciplinary team, through the individual program plan (IPP) process pursuant to Section 4646.5 of the Welfare and Institutions Code, shall have determined the person lacks hazard awareness or impulse control and, for his or her safety and security, requires the level of supervision afforded by a facility equipped with secured perimeters, and, but for this placement, the person would be at risk of admission to, or would have no option but to remain in, a more restrictive placement. The individual program planning team shall convene every 90 days after admission to determine and document the continued appropriateness of the current placement and progress in implementing the transition plan.
(B)The clients rights advocate for the regional center shall be notified of the proposed admission and the individual program plan meeting and may participate in the individual program plan meeting unless the consumer objects on his or her own behalf.
(d)The licensee shall be subject to all applicable fire and building codes, regulations, and standards, and shall receive approval by the county or city fire department, the local fire prevention district, or the State Fire Marshal for the installed secured perimeters.
(e)The licensee shall provide staff training regarding the use and operation of the secured perimeters, protection of residents personal rights, lack of hazard awareness and impulse control behavior, and emergency evacuation procedures.
(f)The licensee shall revise its facility plan of operation. These revisions shall first be approved by the State Department of Developmental Services. The plan of operation shall not be approved by the State Department of Social Services unless the licensee provides certification that the plan was approved by the State Department of Developmental Services. The plan shall include, but not be limited to, all of the following:
(1)A description of how the facility is to be equipped with secured perimeters that are consistent with regulations adopted by the State Fire Marshal pursuant to Section 13143.6.
(2)A description of how the facility will provide training for staff.
(3)A description of how the facility will ensure the protection of the residents personal rights consistent with Sections 4502, 4503, and 4504 of the Welfare and Institutions Code, and any applicable personal rights provided in Title 22 of the California Code of Regulations.
(4)A description of how the facility will manage residents lack of hazard awareness and impulse control behavior, which shall emphasize positive behavioral supports and techniques that are alternatives to physical, chemical, or mechanical restraints, or seclusion.
(5)A description of the facilitys emergency evacuation procedures.
(6)A description of how the facility will comply with applicable health and safety standards.
(g)Secured perimeters shall not substitute for adequate staff.
(h)Emergency fire and earthquake drills shall be conducted on each shift in accordance with existing licensing requirements, and shall include all facility staff providing resident care and supervision on each shift.
(i)Interior and exterior space shall be available on the facility premises to permit clients to move freely and safely.
(j)For the purpose of using secured perimeters, the licensee shall not be required to obtain a waiver or exception to a regulation that would otherwise prohibit the locking of a perimeter fence or gate.
(k)Except as provided in subdivision (k) of Section 4684.81 of the Welfare and Institutions Code, the state shall not authorize or fund more than a combined total of 150 beds statewide in facilities with secured perimeters under this section and under Section 1267.75. The department shall notify the appropriate fiscal and policy committees of the Legislature through the January and May budget estimates prior to authorizing an increase above a combined total of 100 beds statewide in facilities with secured perimeters under this section and under Section 1267.75.
(1)A minimum of 50 beds shall be available within programs designed for individuals who are designated incompetent to stand trial pursuant to Section 1370.1 of the Penal Code. These beds shall be within facilities that are exclusively used to provide care for individuals who are placed and participating in forensic competency training pursuant to Section 1370.1 of the Penal Code, except as provided in paragraph (2). No more than half of these facilities may have more than six beds and no facility may have more than 15 beds.
(2)When, in the joint determination of the regional center and the facility administrator, an individual would be most appropriately served in a specific program, regardless of whether the facility meets the criteria established in paragraph (1), individuals who are not similarly designated may be placed in the same facility. That placement may occur only when the individuals planning team determines that the placement and the facility plan of operation meet the individuals needs and that placement is not incompatible with the needs and safety of other facility residents.
(l)This section shall become operative only upon the publication in Title 17 of the California Code of Regulations of emergency regulations filed by the State Department of Developmental Services. These regulations shall be developed with stakeholders, including the State Department of Social Services, consumer advocates, and regional centers. The regulations shall establish program standards for homes that include secured perimeters, including requirements and timelines for the completion and updating of a comprehensive assessment of each consumers needs, including the identification through the individual program plan process of the services and supports needed to transition the consumer to a less restrictive living arrangement, and a timeline for identifying or developing those services and supports. The regulations shall establish a statewide limit on the total number of beds in homes with secured perimeters. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare.
SEC. 26.Section 1534 of the Health and Safety Code is amended to read:1534.(a)(1)(A)Except for foster family homes, every licensed community care facility shall be subject to unannounced inspections by the department.
(B)Foster family homes shall be subject to announced inspections by the department, except that a foster family home shall be subject to unannounced inspections in response to a complaint, a plan of correction, or under any of the circumstances set forth in subparagraph (B) of paragraph (2).
(2)(A)The department may inspect these facilities as often as necessary to ensure the quality of care provided.
(B)The department shall conduct an annual unannounced inspection of a facility under any of the following circumstances:
(i)When a license is on probation.
(ii)When the terms of agreement in a facility compliance plan require an annual inspection.
(iii)When an accusation against a licensee is pending.
(iv)When a facility requires an annual inspection as a condition of receiving federal financial participation.
(v)In order to verify that a person who has been ordered out of a facility by the department is no longer at the facility.
(C)(i)The department shall conduct annual unannounced inspections of no less than 20 percent of facilities, except for foster family homes, not subject to an inspection under subparagraph (B).
(ii)The department shall conduct annual announced inspections of no less than 20 percent of foster family homes not subject to an inspection under subparagraph (B).
(iii)These inspections shall be conducted based on a random sampling methodology developed by the department.
(iv)If the total citations issued by the department to facilities exceed the previous years total by 10 percent, the following year the department shall increase the random sample by an additional 10 percent of the facilities not subject to an inspection under subparagraph (B). The department may request additional resources to increase the random sample by 10 percent.
(v)The department shall not inspect a licensed community care facility less often than once every five years.
(3)In order to facilitate direct contact with group home or short-term residential treatment center clients, the department may interview children who are clients of group homes or short-term residential treatment centers at any public agency or private agency at which the client may be found, including, but not limited to, a juvenile hall, recreation or vocational program, or a public or nonpublic school. The department shall respect the rights of the child while conducting the interview, including informing the child that he or she has the right not to be interviewed and the right to have another adult present during the interview.
(4)The department shall notify the community care facility in writing of all deficiencies in its compliance with the provisions of this chapter and the rules and regulations adopted pursuant to this chapter, and shall set a reasonable length of time for compliance by the facility.
(5)Reports on the results of each inspection, evaluation, or consultation shall be kept on file in the department, and all inspection reports, consultation reports, lists of deficiencies, and plans of correction shall be open to public inspection.
(b)(1)This section does not limit the authority of the department to inspect or evaluate a licensed foster family agency, a certified family home, or any aspect of a program in which a licensed community care facility is certifying compliance with licensing requirements.
(2)(A)A foster family agency shall conduct an announced inspection of a certified family home during the annual recertification described in Section 1506 in order to ensure that the certified family home meets all applicable licensing standards. A foster family agency may inspect a certified family home as often as necessary to ensure the quality of care provided.
(B)In addition to the inspections required pursuant to subparagraph (A), a foster family agency shall conduct an unannounced inspection of a certified family home under any of the following circumstances:
(i)When a certified family home is on probation.
(ii)When the terms of the agreement in a facility compliance plan require an annual inspection.
(iii)When an accusation against a certified family home is pending.
(iv)When a certified family home requires an annual inspection as a condition of receiving federal financial participation.
(v)In order to verify that a person who has been ordered out of a certified family home by the department is no longer at the home.
(3)Upon a finding of noncompliance by the department, the department may require a foster family agency to deny or revoke the certificate of approval of a certified family home, or take other action the department may deem necessary for the protection of a child placed with the certified family home. The certified parent or prospective foster parent shall be afforded the due process provided pursuant to this chapter.
(4)If the department requires a foster family agency to deny or revoke the certificate of approval, the department shall serve an order of denial or revocation upon the certified or prospective foster parent and foster family agency that shall notify the certified or prospective foster parent of the basis of the departments action and of the certified or prospective foster parents right to a hearing.
(5)Within 15 days after the department serves an order of denial or revocation, the certified or prospective foster parent may file a written appeal of the departments decision with the department. The departments action shall be final if the certified or prospective foster parent does not file a written appeal within 15 days after the department serves the denial or revocation order.
(6)The departments order of the denial or revocation of the certificate of approval shall remain in effect until the hearing is completed and the director has made a final determination on the merits.
(7)A certified or prospective foster parent who files a written appeal of the departments order with the department pursuant to this section shall, as part of the written request, provide his or her current mailing address. The certified or prospective foster parent shall subsequently notify the department in writing of any change in mailing address, until the hearing process has been completed or terminated.
(8)Hearings held pursuant to this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. In all proceedings conducted in accordance with this section the standard of proof shall be by a preponderance of the evidence.
(9)The department may institute or continue a disciplinary proceeding against a certified or prospective foster parent upon any ground provided by this section or Section 1550, enter an order denying or revoking the certificate of approval, or otherwise take disciplinary action against the certified or prospective foster parent, notwithstanding any resignation, withdrawal of application, surrender of the certificate of approval, or denial or revocation of the certificate of approval by the foster family agency.
(10)A foster family agencys failure to comply with the departments order to deny or revoke the certificate of approval by placing or retaining children in care shall be grounds for disciplining the licensee pursuant to Section 1550.
SEC. 27.Section 1534 of the Health and Safety Code, as amended by Section 4 of Chapter 20 of the Statutes of 2015, is amended to read:1534.(a)(1)(A)Except for foster family homes, every licensed community care facility shall be subject to unannounced inspections by the department.
(B)Foster family homes shall be subject to announced inspections by the department, except that a foster family home shall be subject to unannounced inspections in response to a complaint, a plan of correction, or under any of the circumstances set forth in subparagraph (B) of paragraph (2).
(2)(A)The department may inspect these facilities as often as necessary to ensure the quality of care provided.
(B)The department shall conduct an annual unannounced inspection of a facility under any of the following circumstances:
(i)When a license is on probation.
(ii)When the terms of agreement in a facility compliance plan require an annual inspection.
(iii)When an accusation against a licensee is pending.
(iv)When a facility requires an annual inspection as a condition of receiving federal financial participation.
(v)In order to verify that a person who has been ordered out of a facility by the department is no longer at the facility.
(C)(i)The department shall conduct annual unannounced inspections of no less than 20 percent of facilities, except for foster family homes, not subject to an inspection under subparagraph (B).
(ii)The department shall conduct annual announced inspections of no less than 20 percent of foster family homes not subject to an inspection under subparagraph (B).
(iii)These inspections shall be conducted based on a random sampling methodology developed by the department.
(iv)If the total citations issued by the department to facilities exceed the previous years total by 10 percent, the following year the department shall increase the random sample by an additional 10 percent of the facilities not subject to an inspection under subparagraph (B). The department may request additional resources to increase the random sample by 10 percent.
(v)The department shall not inspect a licensed community care facility less often than once every five years.
(3)In order to facilitate direct contact with group home or short-term residential treatment center clients, the department may interview children who are clients of group homes or short-term residential treatment centers at any public agency or private agency at which the client may be found, including, but not limited to, a juvenile hall, recreation or vocational program, or a public or nonpublic school. The department shall respect the rights of the child while conducting the interview, including informing the child that he or she has the right not to be interviewed and the right to have another adult present during the interview.
(4)The department shall notify the community care facility in writing of all deficiencies in its compliance with the provisions of this chapter and the rules and regulations adopted pursuant to this chapter, and shall set a reasonable length of time for compliance by the facility.
(5)Reports on the results of each inspection, evaluation, or consultation shall be kept on file in the department, and all inspection reports, consultation reports, lists of deficiencies, and plans of correction shall be open to public inspection.
(b)(1)This section does not limit the authority of the department to inspect or evaluate a licensed foster family agency, a certified family home, or any aspect of a program in which a licensed community care facility is certifying compliance with licensing requirements.
(2)(A)A foster family agency shall conduct an announced inspection of a certified family home during the annual recertification described in Section 1506 in order to ensure that the certified family home meets all applicable licensing standards. A foster family agency may inspect a certified family home as often as necessary to ensure the quality of care provided.
(B)In addition to the inspections required pursuant to subparagraph (A), a foster family agency shall conduct an unannounced inspection of a certified family home under any of the following circumstances:
(i)When a certified family home is on probation.
(ii)When the terms of the agreement in a facility compliance plan require an annual inspection.
(iii)When an accusation against a certified family home is pending.
(iv)When a certified family home requires an annual inspection as a condition of receiving federal financial participation.
(v)In order to verify that a person who has been ordered out of a certified family home by the department is no longer at the home.
(3)Upon a finding of noncompliance by the department, the department may require a foster family agency to deny or revoke the certificate of approval of a certified family home, or take other action the department may deem necessary for the protection of a child placed with the certified family home. The certified parent or prospective foster parent shall be afforded the due process provided pursuant to this chapter.
(4)If the department requires a foster family agency to deny or revoke the certificate of approval, the department shall serve an order of denial or revocation upon the certified or prospective foster parent and foster family agency that shall notify the certified or prospective foster parent of the basis of the departments action and of the certified or prospective foster parents right to a hearing.
(5)Within 15 days after the department serves an order of denial or revocation, the certified or prospective foster parent may file a written appeal of the departments decision with the department. The departments action shall be final if the certified or prospective foster parent does not file a written appeal within 15 days after the department serves the denial or revocation order.
(6)The departments order of the denial or revocation of the certificate of approval shall remain in effect until the hearing is completed and the director has made a final determination on the merits.
(7)A certified or prospective foster parent who files a written appeal of the departments order with the department pursuant to this section shall, as part of the written request, provide his or her current mailing address. The certified or prospective foster parent shall subsequently notify the department in writing of any change in mailing address, until the hearing process has been completed or terminated.
(8)Hearings held pursuant to this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. In all proceedings conducted in accordance with this section the standard of proof shall be by a preponderance of the evidence.
(9)The department may institute or continue a disciplinary proceeding against a certified or prospective foster parent upon any ground provided by this section or Section 1550, enter an order denying or revoking the certificate of approval, or otherwise take disciplinary action against the certified or prospective foster parent, notwithstanding any resignation, withdrawal of application, surrender of the certificate of approval, or denial or revocation of the certificate of approval by the foster family agency.
(10)A foster family agencys failure to comply with the departments order to deny or revoke the certificate of approval by placing or retaining children in care shall be grounds for disciplining the licensee pursuant to Section 1550.
(c)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 28.Section 1534 of the Health and Safety Code, as added by Section 5 of Chapter 20 of the Statutes of 2015, is amended to read:1534.(a)(1)(A)Except for foster family homes, every licensed community care facility shall be subject to unannounced inspections by the department.
(B)Foster family homes shall be subject to announced inspections by the department, except that a foster family home shall be subject to unannounced inspections in response to a complaint, a plan of correction, or under any of the circumstances set forth in subparagraph (B) of paragraph (2).
(2)(A)The department may inspect these facilities as often as necessary to ensure the quality of care provided.
(B)The department shall conduct an annual unannounced inspection of a facility under any of the following circumstances:
(i)When a license is on probation.
(ii)When the terms of agreement in a facility compliance plan require an annual inspection.
(iii)When an accusation against a licensee is pending.
(iv)When a facility requires an annual inspection as a condition of receiving federal financial participation.
(v)In order to verify that a person who has been ordered out of a facility by the department is no longer at the facility.
(C)On and after January 1, 2017, and until January 1, 2018, the following shall apply:
(i)Except for foster family homes, the department shall conduct annual unannounced inspections of no less than 30 percent of every licensed community care facility not subject to an inspection under subparagraph (B).
(ii)The department shall conduct annual announced inspections of no less than 30 percent of foster family homes not subject to an inspection under subparagraph (B).
(iii)These inspections shall be conducted based on a random sampling methodology developed by the department.
(iv)The department shall inspect a licensed community care facility at least once every three years.
(D)On and after January 1, 2018, and until January 1, 2019, the following shall apply:
(i)The department shall conduct annual unannounced inspections of no less than 20 percent of adult residential facilities, adult day programs, social rehabilitation facilities, enhanced behavioral support homes for adults, and community crisis homes, as defined in Section 1502, which are not subject to an inspection under subparagraph (B).
(ii)These inspections shall be conducted based on a random sampling methodology developed by the department.
(iii)The department shall inspect an adult residential facility, adult day program, social rehabilitation facility, enhanced behavioral support home for adults, and community crisis home, as defined in Section 1502, at least once every two years.
(E)On and after January 1, 2019, the department shall conduct annual unannounced inspections of all adult residential facilities, adult day programs, social rehabilitation facilities, enhanced behavioral support homes for adults, and community crisis homes, as defined in Section 1502, and adult residential facilities for persons with special health care needs, as defined in Section 4684.50 of the Welfare and Institutions Code.
(F)On and after January 1, 2018, the following shall apply:
(i)Except for foster family homes, the department shall conduct annual unannounced inspections of no less than 20 percent of residential care facilities for children, as defined in Section 1502, including enhanced behavioral support homes for children, transitional housing placement providers, and foster family agencies not subject to an inspection under subparagraph (B).
(ii)The department shall conduct annual announced inspections of no less than 20 percent of foster family homes, as defined in Section 1502, not subject to an inspection under subparagraph (B).
(iii)The inspections in clauses (i) and (ii) shall be conducted based on a random sampling methodology developed by the department.
(iv)The department shall conduct unannounced inspections of residential care facilities for children, as defined in Section 1502, including enhanced behavioral support homes for children, transitional housing placement providers, and foster family agencies, and announced inspections of foster family homes, at least once every two years.
(3)In order to facilitate direct contact with group home or short-term residential treatment center clients, the department may interview children who are clients of group homes or short-term residential treatment centers at any public agency or private agency at which the client may be found, including, but not limited to, a juvenile hall, recreation or vocational program, or a public or nonpublic school. The department shall respect the rights of the child while conducting the interview, including informing the child that he or she has the right not to be interviewed and the right to have another adult present during the interview.
(4)The department shall notify the community care facility in writing of all deficiencies in its compliance with the provisions of this chapter and the rules and regulations adopted pursuant to this chapter, and shall set a reasonable length of time for compliance by the facility.
(5)Reports on the results of each inspection, evaluation, or consultation shall be kept on file in the department, and all inspection reports, consultation reports, lists of deficiencies, and plans of correction shall be open to public inspection.
(b)(1)This section does not limit the authority of the department to inspect or evaluate a licensed foster family agency, a certified family home, or any aspect of a program in which a licensed community care facility is certifying compliance with licensing requirements.
(2)(A)A foster family agency shall conduct an announced inspection of a certified family home during the annual recertification described in Section 1506 in order to ensure that the certified family home meets all applicable licensing standards. A foster family agency may inspect a certified family home as often as necessary to ensure the quality of care provided.
(B)In addition to the inspections required pursuant to subparagraph (A), a foster family agency shall conduct an unannounced inspection of a certified family home under any of the following circumstances:
(i)When a certified family home is on probation.
(ii)When the terms of the agreement in a facility compliance plan require an annual inspection.
(iii)When an accusation against a certified family home is pending.
(iv)When a certified family home requires an annual inspection as a condition of receiving federal financial participation.
(v)In order to verify that a person who has been ordered out of a certified family home by the department is no longer at the home.
(3)Upon a finding of noncompliance by the department, the department may require a foster family agency to deny or revoke the certificate of approval of a certified family home, or take other action the department may deem necessary for the protection of a child placed with the certified family home. The certified parent or prospective foster parent shall be afforded the due process provided pursuant to this chapter.
(4)If the department requires a foster family agency to deny or revoke the certificate of approval, the department shall serve an order of denial or revocation upon the certified or prospective foster parent and foster family agency that shall notify the certified or prospective foster parent of the basis of the departments action and of the certified or prospective foster parents right to a hearing.
(5)Within 15 days after the department serves an order of denial or revocation, the certified or prospective foster parent may file a written appeal of the departments decision with the department. The departments action shall be final if the certified or prospective foster parent does not file a written appeal within 15 days after the department serves the denial or revocation order.
(6)The departments order of the denial or revocation of the certificate of approval shall remain in effect until the hearing is completed and the director has made a final determination on the merits.
(7)A certified or prospective foster parent who files a written appeal of the departments order with the department pursuant to this section shall, as part of the written request, provide his or her current mailing address. The certified or prospective foster parent shall subsequently notify the department in writing of any change in mailing address, until the hearing process has been completed or terminated.
(8)Hearings held pursuant to this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. In all proceedings conducted in accordance with this section the standard of proof shall be by a preponderance of the evidence.
(9)The department may institute or continue a disciplinary proceeding against a certified or prospective foster parent upon any ground provided by this section or Section 1550, enter an order denying or revoking the certificate of approval, or otherwise take disciplinary action against the certified or prospective foster parent, notwithstanding any resignation, withdrawal of application, surrender of the certificate of approval, or denial or revocation of the certificate of approval by the foster family agency.
(10)A foster family agencys failure to comply with the departments order to deny or revoke the certificate of approval by placing or retaining children in care shall be grounds for disciplining the licensee pursuant to Section 1550.
(c)This section shall become operative on January 1, 2017.
SEC. 27.SEC. 29.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, 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.
(b)Subject to subdivision (c), to encourage the recruitment of foster family homes and certified family homes of foster family agencies, protect their personal privacy, and to preserve the security and confidentiality of the placements in the homes, the names, addresses, and other identifying information of facilities licensed as foster family homes and certified family homes of foster family agencies providing 24-hour care for six or fewer children shall be considered personal information for purposes of the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). This information shall not be disclosed by any state or local agency pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), except as necessary for administering the licensing program, facilitating the placement of children in these facilities, and providing names and addresses only to bona fide professional foster parent organizations upon request.
(c)Notwithstanding subdivision (b), the department, a county, or a foster family agency may request information from, or divulge information to, the department, a county, or a foster family agency, regarding a prospective certified parent, foster parent, or relative caregiver for the purpose of, and as necessary to, conduct a reference check to determine whether it is safe and appropriate to license, certify, or approve an applicant to be a certified parent, foster parent, or relative caregiver.
(d)The department may issue a citation and, after the issuance of that citation, may assess a civil penalty of fifty dollars ($50) per day for each instance of a foster family agencys failure to provide the department with the information required by subdivision (h) of Section 88061 of Title 22 of the California Code of Regulations.
(e)The Legislature encourages the department, when funds are available for this purpose, to develop a database that would include all of the following information:
(1)Monthly reports by a foster family agency regarding family homes.
(2)A log of family homes certified and decertified, provided by a foster family agency to the department.
(3)Notification by a foster family agency to the department informing the department of a foster family agencys determination to decertify a certified family home due to any of the following actions by the certified family parent:
(A)Violating licensing rules and regulations.
(B)Aiding, abetting, or permitting the violation of licensing rules and regulations.
(C)Conducting oneself in a way that is inimical to the health, morals, welfare, or safety of a child placed in that certified family home.
(D)Being convicted of a crime while a certified family parent.
(E)Knowingly allowing any child to have illegal drugs or alcohol.
(F)Committing an act of child abuse or neglect or an act of violence against another person.
SEC. 28.SEC. 30.Section 1538.3 of the Health and Safety Code is amended to read:1538.3.A county may develop a cooperative agreement with the department to access disclosable, public record information from an automated system, other than the system described in Section 1538.2, concerning substantiated complaints for all group home or short-term residential treatment centers, as defined by regulations of the department, located within that county. Access to the database may be accomplished through a secure online transaction protocol.
SEC. 29.SEC. 31.Section 1538.5 of the Health and Safety Code is amended to read:1538.5.(a)(1)Not less than 30 days prior to the anniversary of the effective date of a residential community care facility license, except licensed foster family homes, the department may transmit a copy to the board members of the licensed facility, parents, legal guardians, conservators, clients rights advocates, or placement agencies, as designated in each residents placement agreement, of all inspection reports given to the facility by the department during the past year as a result of a substantiated complaint regarding a violation of this chapter relating to resident abuse and neglect, food, sanitation, incidental medical care, and residential supervision. During that one-year period the copy of the notices transmitted and the proof of the transmittal shall be open for public inspection.
(2)The department may transmit copies of the inspection reports referred to in paragraph (1) concerning a group home or short-term residential treatment center, as defined by regulations of the department, to the county in which the group home or short-term residential treatment center is located, if requested by that county.
(3)A group home or short-term residential treatment center shall maintain, at the facility, a copy of all licensing reports for the past three years that would be accessible to the public through the department, for inspection by placement officials, current and prospective facility clients, and these clients family members who visit the facility.
(b)The facility operator, at the expense of the facility, shall transmit a copy of all substantiated complaints, by certified mail, to those persons described pursuant to paragraph (1) of subdivision (a) in the following cases:
(1)In the case of a substantiated complaint relating to resident physical or sexual abuse, the facility shall have three days from the date the facility receives the licensing report from the department to comply.
(2)In the case in which a facility has received three or more substantiated complaints relating to the same violation during the past 12 months, the facility shall have five days from the date the facility receives the licensing report to comply.
(c)A residential facility shall retain a copy of the notices transmitted pursuant to subdivision (b) and proof of their transmittal by certified mail for a period of one year after their transmittal.
(d)If a residential facility to which this section applies fails to comply with this section, as determined by the department, the department shall initiate civil penalty action against the facility in accordance with this article and the related rules and regulations.
(e)Not less than 30 days prior to the anniversary of the effective date of the license of any group home or short-term residential treatment center, as defined by regulations of the department, at the request of the county in which the group home or short-term residential treatment center is located, a group home or short-term residential treatment center shall transmit to the county a copy of all incident reports prepared by the group home or short-term residential treatment center and transmitted to a placement agency, as described in subdivision (f) of Section 1536.1, in a county other than the county in which the group home or short-term residential treatment center is located that involved a response by local law enforcement or emergency services personnel, including runaway incidents. The county shall designate an official for the receipt of the incident reports and shall notify the group home or short-term residential treatment center of the designation. Prior to transmitting copies of incident reports to the county, the group home or short-term residential treatment center shall redact the name of any child referenced in the incident reports, and other identifying information regarding any child referenced in the reports. The county may review the incident reports to ensure that the group home or short-term residential treatment center has taken appropriate action to ensure the health and safety of the residents of the facility.
(f)The department shall notify the residential community care facility of its obligation when it is required to comply with this section.
SEC. 30.SEC. 32.Section 1538.6 of the Health and Safety Code is amended to read:1538.6.(a)When the department periodically reviews the record of substantiated complaints against each group home or short-term residential treatment center, pursuant to its oversight role as prescribed by Section 1534, to determine whether the nature, number, and severity of incidents upon which complaints were based constitute a basis for concern as to whether the provider is capable of effectively and efficiently operating the program, and if the department determines that there is cause for concern, it may contact the county in which a group home or short-term residential treatment center is located and placement agencies in other counties using the group home or short-term residential treatment center, and request their recommendations as to what action, if any, the department should take with regard to the providers status as a licensed group home or short-term residential treatment center provider.
(b)It is the intent of the Legislature that the department make every effort to communicate with the county in which a group home or short-term residential treatment center is located when the department has concerns about group homes or short-term residential treatment centers within that county.
SEC. 31.SEC. 33.Section 1538.7 of the Health and Safety Code is amended to read:1538.7.(a)A group home, transitional housing placement provider, community treatment facility, runaway and homeless youth shelter, or short-term residential treatment center shall report to the departments Community Care Licensing Division upon the occurrence of any incident concerning a child in the facility involving contact with law enforcement. At least every six months, the facility shall provide a followup report for each incident, including the type of incident, whether the incident involved an alleged violation of any crime described in Section 602 of the Welfare and Institutions Code by a child residing in the facility; whether staff, children, or both were involved; the gender, race, ethnicity, and age of children involved; and the outcomes, including arrests, removals of children from placement, or termination or suspension of staff.
(b)(1)If the department determines that, based on the licensed capacity, a facility has reported, pursuant to subdivision (a), a greater than average number of law enforcement contacts involving an alleged violation of any crime described in Section 602 of the Welfare and Institutions Code by a child residing in the facility, the department shall inspect the facility at least once a year.
(2)An inspection conducted pursuant to paragraph (1) does not constitute an unannounced inspection required pursuant to Section 1534.
(c)If an inspection is required pursuant to subdivision (b), the Community Care Licensing Division shall provide the report to the departments Children and Family Services Division and to any other public agency that has certified the facilitys program or any component of the facilitys program including, but not limited to, the State Department of Health Care Services, which certifies group homes or short-term residential treatment centers pursuant to Section 4096.5 of the Welfare and Institutions Code.
SEC. 32.SEC. 34.Section 1548 of the Health and Safety Code, as added by Section 2 of Chapter 813 of the Statutes of 2014, is amended to read:1548.(a)In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department may levy a civil penalty.
(b)The amount of the civil penalty shall not be less than twenty-five dollars ($25) or more than fifty dollars ($50) per day for each violation of this chapter except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. In no event, shall a civil penalty assessment exceed one hundred fifty dollars ($150) per day per violation.
(c)Notwithstanding Section 1534, the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations:
(1)(A)Fire clearance violations, including, but not limited to, overcapacity, ambulatory status, inoperable smoke alarms, and inoperable fire alarm systems. The civil penalty shall not be assessed if the licensee has done either of the following:
(i)Requested the appropriate fire clearance based on ambulatory, nonambulatory, or bedridden status, and the decision is pending.
(ii)Initiated eviction proceedings.
(B)A licensee denied a clearance for bedridden residents may appeal to the fire authority, and, if that appeal is denied, may subsequently appeal to the Office of the State Fire Marshal, and shall not be assessed an immediate civil penalty until the final appeal is decided, or after 60 days has passed from the date of the citation, whichever is earlier.
(2)Absence of supervision, as required by statute or regulation.
(3)Accessible bodies of water when prohibited in this chapter or regulations adopted pursuant to this chapter.
(4)Accessible firearms, ammunition, or both.
(5)Refused entry to a facility or any part of a facility in violation of Section 1533, 1534, or 1538.
(6)The presence of an excluded person on the premises.
(d)(1)For a violation that the department determines resulted in the death of a resident at an adult residential facility, social rehabilitation facility, enhanced behavioral supports home, or community crisis home, the civil penalty shall be fifteen thousand dollars ($15,000).
(2)For a violation that the department determines resulted in the death of a person receiving care at an adult day program, the civil penalty shall be assessed as follows:
(A)Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensees facilities, to care for 50 or less persons.
(B)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for more than 50 persons.
(3)For a violation that the department determines resulted in the death of a person receiving care at a therapeutic day services facility, foster family agency, community treatment facility, full-service adoption agency, noncustodial adoption agency, transitional shelter care facility, transitional housing placement provider, group home, or short-term residential treatment center, the civil penalty shall be assessed as follows:
(A)Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensees facilities, to care for 40 or less children.
(B)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for 41 to 100, inclusive, children.
(C)Fifteen thousand dollars ($15,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(4)For a violation that the department determines resulted in the death of a resident at a runaway and homeless youth shelter, the civil penalty shall be five thousand dollars ($5,000).
(e)(1)(A)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident at an adult residential facility, social rehabilitation facility, enhanced behavioral supports home, or community crisis home, the civil penalty shall be ten thousand dollars ($10,000).
(B)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a person receiving care at an adult day program, the civil penalty shall be assessed as follows:
(i)Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensees facilities, to care for 50 or less persons.
(ii)Five thousand dollars ($5,000) for a licensee licensed, among all of the licensees facilities, to care for more than 50 persons.
(C)For a violation that the department determines constitutes physical abuse, as defined in paragraph (2), or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a person receiving care at a therapeutic day services facility, foster family agency, community treatment facility, full-service adoption agency, noncustodial adoption agency, transitional shelter care facility, transitional housing placement provider, group home, or short-term residential treatment center, the civil penalty shall be assessed as follows:
(i)Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensees facilities, to care for 40 or less children.
(ii)Five thousand dollars ($5,000) for a licensee licensed, among all of the licensees facilities, to care for 41 to 100, inclusive, children.
(iii)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(D)For a violation that the department determines constitutes physical abuse, as defined in paragraph (2), or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident at a runaway and homeless youth shelter, the civil penalty shall be one thousand dollars ($1,000).
(2)For purposes of subparagraphs (C) and (D), physical abuse includes physical injury inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165.1 of the Penal Code, neglect as defined in Section 11165.2 of the Penal Code, or unlawful corporal punishment or injury as defined in Section 11165.4 of the Penal Code when the person responsible for the childs welfare is a licensee, administrator, or employee of any facility licensed to care for children.
(f)Prior to the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the director.
(g)Notwithstanding Section 1534, any facility that is cited for repeating the same violation of this chapter within 12 months of the first violation is subject to an immediate civil penalty of one hundred fifty dollars ($150) and fifty dollars ($50) for each day the violation continues until the deficiency is corrected.
(h)Any facility that is assessed a civil penalty pursuant to subdivision (g) that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) is subject to an immediate civil penalty of one hundred fifty dollars ($150) for each day the violation continues until the deficiency is corrected.
(i)(1)The department shall adopt regulations setting forth the appeal procedures for deficiencies.
(2)A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 10 days of receipt of the notice of a civil penalty assessment and shall provide all supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. If the regional manager determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the regional managers decision within 60 days of the request to review the assessment of the civil penalty.
(3)The licensee may further appeal to the program administrator of the Community Care Licensing Division within 10 days of receipt of the notice of the regional managers decision and shall provide all supporting documentation at that time. If the program administrator determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the program administrators decision within 60 days of the request to review the regional managers decision.
(4)The licensee may further appeal to the deputy director of the Community Care Licensing Division within 10 days of receipt of the notice of the program directors decision and shall provide all supporting documentation at that time. If the deputy director determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the deputy directors decision within 60 days of the request to review the program administrators decision.
(5)Upon exhausting the deputy director review, a licensee may appeal a civil penalty assessed pursuant to subdivision (d) or (e) to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.
(6)If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.
(j)The department shall adopt regulations implementing this section.
(k)The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by the act that added this subdivision.
(l)As provided in Section 11466.31 of the Welfare and Institutions Code, the department may offset civil penalties owed by a group home or short-term residential treatment center against moneys to be paid by a county for the care of minors after the group home or short-term residential treatment center has exhausted its appeal of the civil penalty assessment. The department shall provide the group home or short-term residential treatment center a reasonable opportunity to pay the civil penalty before instituting the offset provision.
(m)This section shall become operative on July 1, 2015.
SEC. 33.SEC. 35.Section 1562 of the Health and Safety Code is amended to read:1562.(a)The department shall ensure that operators and staffs of community care facilities have appropriate training to provide the care and services for which a license or certificate is issued. The section shall not apply to a facility licensed as an Adult Residential Facility for Persons with Special Health Care Needs pursuant to Article 9 (commencing with Section 1567.50).
(b)It is the intent of the Legislature that children in foster care reside in the least restrictive, family-based settings that can meet their needs, and that group homes and short-term residential treatment centers will be used only for short-term, specialized, and intensive treatment purposes that are consistent with a case plan that is determined by a childs best interests. Accordingly, the Legislature encourages the department to adopt policies, practices, and guidance that ensure that the education, qualification, and training requirements for child care staff in group homes and short-term residential treatment centers are consistent with the intended role of group homes and short-term residential treatment centers to provide short-term, specialized, and intensive treatment, with a particular focus on crisis intervention, behavioral stabilization, and other treatment-related goals, as well as the connections between those efforts and work toward permanency for children.
(c)(1)Each person employed as a facility manager or staff member of a group home or short-term residential treatment center, as defined in paragraphs (13) and (18) of subdivision (a) of Section 1502, who provides direct care and supervision to children and youth residing in the group home or short-term residential treatment center shall be at least 21 years of age.
(2)Paragraph (1) shall not apply to a facility manager or staff member employed at the group home before October 1, 2014.
(3)For purposes of this subdivision, group home does not include a runaway and homeless youth shelter.
SEC. 34.SEC. 36.Section 1562.01 is added to the Health and Safety Code, to read:1562.01.(a)Commencing January 1, 2017, the department shall license short-term residential treatment centers, as defined in paragraph (18) of subdivision (a) of Section 1502, pursuant to this chapter. The department may license a facility as a short-term residential treatment center prior to January 1, 2017. A short-term residential treatment center shall comply with all requirements of this chapter that are applicable to group homes and to the requirements of this section.
(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 (4) (5) of subdivision (b) of Section 11462 of the Welfare and Institutions Code.
(2)Notwithstanding paragraph (1), the department may issue a provisional license to a short-term residential treatment center and may extend the term of the provisional license not to exceed two years in order for the short-term residential treatment center to secure accreditation as set forth in subdivision (a) of Section 1520.1.
(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: includes all of the following:
(i)Description of the short-term residential treatment centers 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, on and after January 1, 2017, 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)Protocols for developing a Procedures for the development, implementation, and periodic updating of the needs and services plan, plan for children serviced by the short-term residential treatment center, in collaboration with the child and family team 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 the child as assessed assessed, on and after January 1, 2017, 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)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 on and after January 1, 2017, in subdivision (g) of Section 11462.02 of the Welfare and Institutions Code.
(f)(1)Prior to licensure, a short-term residential treatment center shall submit its plan of operation to the county placing agency which it will primarily serve for certification. The department shall not issue a license to a short-term residential treatment center unless the short-term residential treatment center submits evidence of certification by the host county, the primary placing county, or a regional consortium of counties that includes all of the following:
(A)The program is needed by the county.
(B)The provider is capable of effectively and efficiently operating the program.
(C)The provider is willing and able to accept placements who need the level of care and services that will be provided by the program.
(D)The plan of operation is suitable to meet the needs of the identified population.
(E)That, if the certification is not being issued by the host county, the primary placing county has notified the host county of its intention to issue the certification and the host county was given the opportunity of 30 days to respond to this notification and to discuss options with the primary placing county. The county may decline to review the plan of operation. If the county declines the review, it shall notify the department and the department shall make the certification pursuant to this paragraph.
(2)
(f)The department shall establish procedures for certification pursuant to paragraph (1), a county letter of support process for short-term residential treatment centers, which may include the review of the short-term residential treatment centers program statement, pursuant to paragraph (1), and which shall be established in consultation with the County Welfare Directors Association, Association of California, Chief Probation Officers of California, and other stakeholders, as appropriate.
(g)(1)The department shall adopt regulations to establish requirements for the education, qualification, and training of facility managers and child care staff in short-term residential treatment centers consistent with the intended role of these facilities to provide short-term, specialized, and intensive treatment.
(2)Requirements shall include, but not be limited to, all of the following:
(A)Staff classifications.
(B)Specification of the date by which employees shall be required to meet the education 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 or neglect on child development and behavior and methods to behaviorally support children impacted by such trauma. 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 interaction, discipline and the importance of self-esteem, and interpersonal skills. self-esteem.
(E)Core practice model.
(F)An overview of the child welfare and probation systems.
(G)Prudent Parent Standard. Reasonable and prudent parent standard.
(H)Cultural needs of children, including, but not limited to, instruction Instruction on cultural competency and respect relating to, and best practices for, providing adequate care to 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, and transgender youth in out-of-home care. 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 Indian Child Welfare Act that informs on Act, its historical significance, the rights of children covered by the act, and instructs on the best interests of Indian children as including culturally appropriate child centered practice that respects American Indian history, culture, and retention of tribal membership and connection to the tribal community.
(K)Permanence and well-being 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)Preparation of children for a successful transition to adulthood including, but not limited to, emancipation and independent living skills.
(N)Health issues in foster care, including, but not limited to, the authorization, uses, risks, benefits, assistance with self-administration, oversight, and monitoring of psychotropic medications, and trauma, behavioral health, and other available behavioral health treatments, for children receiving child welfare services, mental health, and substance use disorder treatments for children in foster care under the jurisdiction of the juvenile court, including how to access those treatments.
(O)De-escalation, crisis intervention, and positive behavior management techniques.
(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.
(k)
(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 on and after January 1, 2017, pursuant to subdivision (c) of Section 11462 of the Welfare and Institutions Code.
SEC. 35.SEC. 37.Section 1562.35 of the Health and Safety Code is amended to read:1562.35.Notwithstanding any law to the contrary, including, but not limited to Section 1562.3, vendors approved by the department who exclusively provide either initial or continuing education courses for certification of administrators of an adult residential facility as defined by the department, a group home facility as defined by the department, a short-term residential treatment center as defined by the department, or a residential care facility for the elderly as defined in subdivision (k) of Section 1569.2, shall be regulated solely by the department pursuant to this chapter. No other state or local governmental entity shall be responsible for regulating the activity of those vendors.
SEC. 36.SEC. 38.Section 1563 of the Health and Safety Code is amended to read:1563.(a)The department shall ensure that licensing personnel at the department have appropriate training to properly carry out this chapter.
(b)The department shall institute a staff development and training program to develop among departmental staff the knowledge and understanding necessary to successfully carry out this chapter. Specifically, the program shall do all of the following:
(1)Provide staff with 36 hours of training per year that reflects the needs of persons served by community care facilities. This training shall, where appropriate, include specialized instruction in the needs of foster children, persons with mental disorders, or developmental or physical disabilities, or other groups served by specialized community care facilities.
(2)Give priority to applications for employment from persons with experience as care providers to persons served by community care facilities.
(3)Provide new staff with comprehensive training within the first six months of employment. This comprehensive training shall, at a minimum, include the following core areas: administrative action process, client populations, conducting facility visits, cultural awareness, documentation skills, facility operations, human relation skills, interviewing techniques, investigation processes, and regulation administration.
(c)In addition to the requirements in subdivision (b), group home, short-term residential treatment center, and foster family agency licensing personnel shall receive a minimum of 24 hours of training per year to increase their understanding of children in group homes, short-term residential treatment centers, certified homes, and foster family homes. The training shall cover, but not be limited to, all of the following topics:
(1)The types and characteristics of emotionally troubled children.
(2)The high-risk behaviors they exhibit.
(3)The biological, psychological, interpersonal, and social contributors to these behaviors.
(4)The range of management and treatment interventions utilized for these children, including, but not limited to, nonviolent, emergency intervention techniques.
(5)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(d)The training described in subdivisions (b) and (c) may include the following topics:
(1)An overview of the child protective and probation systems.
(2)The effects of trauma, including grief and loss, and child abuse or neglect on child development and behavior, and methods to behaviorally support children impacted by that trauma.
(3)Positive discipline, the importance of self-esteem, and interpersonal skills.
(4)Health issues in foster care, including, but not limited to, the authorization, uses, risks, benefits, assistance with self-administration, oversight, and monitoring of psychotropic medications, and trauma, behavioral health, and other behavioral health treatments, for children receiving child welfare services, mental health, and substance use disorder treatments for children in foster care under the jurisdiction of the juvenile court, including how to access those treatments.
(5)Accessing education, health, and behavioral health mental health and substance use disorder treatment services available to foster children.
(6)Cultural needs of children, including, but not limited to, instruction on cultural competency and respect relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(7)Understanding how to use best practices for providing care and supervision to commercially sexually exploited children.
(8)Understanding the Indian Child Welfare Act, its historical significance, the rights of children covered by the act, and the best interests of those 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.
(9)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.
(10)Permanence and well-being needs of children.
(11)Child and adolescent development and sexual orientation, gender identify, and gender expression.
(12)The role of foster parents, including working cooperatively with the child welfare agency, the childs family, and other service providers implementing the case plan.
(13)A foster parents responsibility to act as a reasonable and prudent parent; and to provide a family setting that promotes normal childhood experiences and that serves the needs of the child.
(14)Preparation of children for a successful transition to adulthood.
(15)De-escalation, crisis intervention, and positive behavior management techniques.
SEC. 37.SEC. 39.Section 1567.4 of the Health and Safety Code is amended to read:1567.4.The State Department of Social Services shall provide, at cost, quarterly to each county and to each city, upon the request of the county or city, and to the chief probation officer of each county and city and county, a roster of all community care facilities licensed as small family homes, short-term residential treatment centers, or group homes located in the county, which provide services to wards of the juvenile court, including information as to whether each facility is licensed by the state or the county, the type of facility, and the licensed bed capacity of each such facility. Information concerning the facility shall be limited to that available through the computer system of the State Department of Social Services.
SEC. 38.SEC. 40.Section 11105.2 of the Penal Code is amended to read:11105.2.(a)The Department of Justice may provide subsequent state or federal arrest or disposition notification to any entity authorized by state or federal law to receive state or federal summary criminal history information to assist in fulfilling employment, licensing, certification duties, or the duties of approving relative caregivers, nonrelative extended family members, and resource families upon the arrest or disposition of any person whose fingerprints are maintained on file at the Department of Justice or the Federal Bureau of Investigation as the result of an application for licensing, employment, certification, or approval. Nothing in this section shall authorize the notification of a subsequent disposition pertaining to a disposition that does not result in a conviction, unless the department has previously received notification of the arrest and has previously lawfully notified a receiving entity of the pending status of that arrest. When the department supplies subsequent arrest or disposition notification to a receiving entity, the entity shall, at the same time, expeditiously furnish a copy of the information to the person to whom it relates if the information is a basis for an adverse employment, licensing, or certification decision. When furnished other than in person, the copy shall be delivered to the last contact information provided by the applicant.
(b)For purposes of this section, approval means those duties described in subdivision (d) of Section 309 of the Welfare and Institutions Code for approving the home of a relative caregiver or of a nonrelative extended family member for placement of a child supervised by the juvenile court, and those duties in Section 16519.5 of the Welfare and Institutions Code for resource families.
(c)Any entity, other than a law enforcement agency employing peace officers as defined in Section 830.1, subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section 830.3, subdivisions (a) and (b) of Section 830.5, and subdivision (a) of Section 830.31, shall enter into a contract with the Department of Justice in order to receive notification of subsequent state or federal arrests or dispositions for licensing, employment, or certification purposes.
(d)Any entity that submits the fingerprints of applicants for licensing, employment, certification, or approval to the Department of Justice for the purpose of establishing a record of the applicant to receive notification of subsequent state or federal arrests or dispositions shall immediately notify the department when the employment of the applicant is terminated, when the applicants license or certificate is revoked, when the applicant may no longer renew or reinstate the license or certificate, or when a relative caregivers or nonrelative extended family members approval is terminated. The Department of Justice shall terminate state or federal subsequent notification on any applicant upon the request of the licensing, employment, certifying, or approving authority.
(e)Any entity that receives a notification of a state or federal subsequent arrest or disposition for a person unknown to the entity, or for a person no longer employed by the entity, or no longer eligible to renew the certificate or license for which subsequent notification service was established shall immediately return the subsequent notification to the Department of Justice, informing the department that the entity is no longer interested in the applicant. The entity shall not record or otherwise retain any information received as a result of the subsequent notice.
(f)Any entity that submits the fingerprints of an applicant for employment, licensing, certification, or approval to the Department of Justice for the purpose of establishing a record at the department or the Federal Bureau of Investigation to receive notification of subsequent arrest or disposition shall immediately notify the department if the applicant is not subsequently employed, or if the applicant is denied licensing certification, or approval.
(g)An entity that fails to provide the Department of Justice with notification as set forth in subdivisions (c), (d), and (e) may be denied further subsequent notification service.
(h)Notwithstanding subdivisions (c), (d), and (f), subsequent notification by the Department of Justice and retention by the employing agency shall continue as to retired peace officers listed in subdivision (c) of Section 830.5.
SEC. 39.SEC. 41.Section 11105.3 of the Penal Code is amended to read:11105.3.(a)Notwithstanding any other law, a human resource agency or an employer may request from the Department of Justice records of all convictions or any arrest pending adjudication involving the offenses specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code of a person who applies for a license, employment, or volunteer position, in which he or she would have supervisory or disciplinary power over a minor or any person under his or her care. The department shall furnish the information to the requesting employer and shall also send a copy of the information to the applicant.
(b)Any request for records under subdivision (a) shall include the applicants fingerprints, which may be taken by the requester, and any other data specified by the department. The request shall be on a form approved by the department, and the department may charge a fee to be paid by the employer, human resource agency, or applicant for the actual cost of processing the request. However, no fee shall be charged to a nonprofit organization. Requests received by the department for federal level criminal offender record information shall be forwarded to the Federal Bureau of Investigation by the department to be searched for any record of arrests or convictions.
(c)(1)When a request pursuant to this section reveals that a prospective employee or volunteer has been convicted of a violation or attempted violation of Section 220, 261.5, 262, 273a, 273d, or 273.5, or any sex offense listed in Section 290, except for the offense specified in subdivision (d) of Section 243.4, and where the agency or employer hires the prospective employee or volunteer, the agency or employer shall notify the parents or guardians of any minor who will be supervised or disciplined by the employee or volunteer. A conviction for a violation or attempted violation of an offense committed outside the State of California shall be included in this notice if the offense would have been a crime specified in this subdivision if committed in California. The notice shall be given to the parents or guardians with whom the child resides, and shall be given at least 10 days prior to the day that the employee or volunteer begins his or her duties or tasks. Notwithstanding any other law, any person who conveys or receives information in good faith and in conformity with this section is exempt from prosecution under Section 11142 or 11143 for that conveying or receiving of information. Notwithstanding subdivision (d), the notification requirements of this subdivision shall apply as an additional requirement of any other provision of law requiring criminal record access or dissemination of criminal history information.
(2)The notification requirement pursuant to paragraph (1) shall not apply to a misdemeanor conviction for violating Section 261.5 or to a conviction for violating Section 262 or 273.5. Nothing in this paragraph shall preclude an employer from requesting records of convictions for violating Section 261.5, 262, or 273.5 from the Department of Justice pursuant to this section.
(d)Nothing in this section supersedes any law requiring criminal record access or dissemination of criminal history information. In any conflict with another statute, dissemination of criminal history information shall be pursuant to the mandatory statute. This subdivision applies to, but is not limited to, requirements pursuant to Article 1 (commencing with Section 1500) of Chapter 3 of, and Chapter 3.2 (commencing with Section 1569) and Chapter 3.4 (commencing with Section 1596.70) of, Division 2 of, and Section 1522 of, the Health and Safety Code, and Sections 8712, 8811, and 8908 of the Family Code, and Section 16519.5 of the Welfare and Institutions Code.
(e)The department may adopt regulations to implement the provisions of this section as necessary.
(f)As used in this section, employer means any nonprofit corporation or other organization specified by the Attorney General that employs or uses the services of volunteers in positions in which the volunteer or employee has supervisory or disciplinary power over a child or children.
(g)As used in this section, human resource agency means a public or private entity, excluding any agency responsible for licensing of facilities pursuant to the California Community Care Facilities Act (Chapter 3 (commencing with Section 1500)), the California Residential Care Facilities for the Elderly Act (Chapter 3.2 (commencing with Section 1569)), Chapter 3.01 (commencing with Section 1568.01), and the California Child Day Care Facilities Act (Chapter 3.4 (commencing with Section 1596.70)) of Division 2 of the Health and Safety Code, responsible for determining the character and fitness of a person who is:
(1)Applying for a license, employment, or as a volunteer within the human services field that involves the care and security of children, the elderly, the handicapped, or the mentally impaired.
(2)Applying to be a volunteer who transports individuals impaired by drugs or alcohol.
(3)Applying to adopt a child or to be a foster parent.
(h)Except as provided in subdivision (c), any criminal history information obtained pursuant to this section is confidential and no recipient shall disclose its contents other than for the purpose for which it was acquired.
(i)As used in this subdivision, community youth athletic program means an employer having as its primary purpose the promotion or provision of athletic activities for youth under 18 years of age.
(j)A community youth athletic program, as defined in subdivision (i), may request state and federal level criminal history information pursuant to subdivision (a) for a volunteer coach or hired coach candidate. The director of the community youth athletic program shall be the custodian of records.
(k)The community youth athletic program may request from the Department of Justice subsequent arrest notification service, as provided in Section 11105.2, for a volunteer coach or a hired coach candidate.
(l)Compliance with this section does not remove or limit the liability of a mandated reporter pursuant to Section 11166.
SEC. 40.SEC. 42.Section 361.2 of the Welfare and Institutions Code is amended to read:361.2.(a)When a court orders removal of a child pursuant to Section 361, the court shall first determine whether there is a parent of the child, with whom the child was not residing at the time that the events or conditions arose that brought the child within the provisions of Section 300, who desires to assume custody of the child. If that parent requests custody, the court shall place the child with the parent unless it finds that placement with that parent would be detrimental to the safety, protection, or physical or emotional well-being of the child. The fact that the parent is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with his or her parent shall not be, for that reason alone, prima facie evidence that placement with that parent would be detrimental.
(b)If the court places the child with that parent it may do any of the following:
(1)Order that the parent become legal and physical custodian of the child. The court may also provide reasonable visitation by the noncustodial parent. The court shall then terminate its jurisdiction over the child. The custody order shall continue unless modified by a subsequent order of the superior court. The order of the juvenile court shall be filed in any domestic relation proceeding between the parents.
(2)Order that the parent assume custody subject to the jurisdiction of the juvenile court and require that a home visit be conducted within three months. In determining whether to take the action described in this paragraph, the court shall consider any concerns that have been raised by the childs 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)
(1)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 parents immigration status.
(2)The approved home of a relative, regardless of the relatives immigration status.
(3)The approved home of a nonrelative extended family member as defined in Section 362.7.
(4)The approved home of a resource family as defined in Section 16519.5.
(5)A foster home in which the child has been placed before an interruption in foster care, if that placement is in the best interest of the child and space is available.
(6)A suitable licensed community care facility, except a runaway and homeless youth shelter licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code.
(7)With a foster family agency to be placed in a suitable licensed foster family home or certified family home which has been certified by the agency as meeting licensing standards.
(8)A home or facility in accordance with the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(9)A child under six years of age may be placed in a community care facility licensed as a group home for children, or a temporary shelter care facility as defined in Section 1530.8 of the Health and Safety Code, only under any of the following circumstances:
(A)(i)When a case plan indicates that placement is for purposes of providing short term, specialized, and intensive treatment to the child, the case plan specifies the need for, nature of, and anticipated duration of this treatment, pursuant to paragraph (2) of subdivision (c) of Section 16501.1, the facility meets the applicable regulations adopted under Section 1530.8 of the Health and Safety Code and standards developed pursuant to Section 11467.1 of this code, and the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department has approved the case plan.
(ii)The short term, specialized, and intensive treatment period shall not exceed 120 days, unless the county has made progress toward or is actively working toward implementing the case plan that identifies the services or supports necessary to transition the child to a family setting, circumstances beyond the countys control have prevented the county from obtaining those services or supports within the timeline documented in the case plan, and the need for additional time pursuant to the case plan is documented by the caseworker and approved by a deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department.
(iii)To the extent that placements pursuant to this paragraph are extended beyond an initial 120 days, the requirements of clauses (i) and (ii) shall apply to each extension. In addition, the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department shall approve the continued placement no less frequently than every 60 days.
(B)When a case plan indicates that placement is for purposes of providing family reunification services. In addition, the facility offers family reunification services that meet the needs of the individual child and his or her family, permits parents to have reasonable access to their children 24 hours a day, encourages extensive parental involvement in meeting the daily needs of their children, and employs staff trained to provide family reunification services. In addition, one of the following conditions exists:
(i)The childs parent is also a ward of the court and resides in the facility.
(ii)The childs parent is participating in a treatment program affiliated with the facility and the childs placement in the facility facilitates the coordination and provision of reunification services.
(iii)Placement in the facility is the only alternative that permits the parent to have daily 24-hour access to the child in accordance with the case plan, to participate fully in meeting all of the daily needs of the child, including feeding and personal hygiene, and to have access to necessary reunification services.
(10)(A)A child who is 6 to 12 years of age, inclusive, may be placed in a community care facility licensed as a group home for children only when a case plan indicates that placement is for purposes of providing short term, specialized, and intensive treatment for the child, the case plan specifies the need for, nature of, and anticipated duration of this treatment, pursuant to paragraph (2) of subdivision (c) of Section 16501.1, and is approved by the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department.
(B)The short term, specialized, and intensive treatment period shall not exceed six months, unless the county has made progress or is actively working toward implementing the case plan that identifies the services or supports necessary to transition the child to a family setting, circumstances beyond the countys control have prevented the county from obtaining those services or supports within the timeline documented in the case plan, and the need for additional time pursuant to the case plan is documented by the caseworker and approved by a deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department.
(C)To the extent that placements pursuant to this paragraph are extended beyond an initial six months, the requirements of subparagraphs (A) and (B) shall apply to each extension. In addition, the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department shall approve the continued placement no less frequently than every 60 days.
(11)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 childs 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 childs parent or guardian in order to facilitate reunification of the family.
(2)In the event that there are no appropriate placements available in the parents or guardians county of residence, a placement may be made in an appropriate place in another county, preferably a county located adjacent to the parents or guardians community of residence.
(3)Nothing in this section shall be interpreted as requiring multiple disruptions of the childs 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 parents or guardians 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 childs parents or guardians county of residence, the specific reason the out-of-county placement is necessary shall be documented in the childs 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 childs health or well-being is endangered by delaying the action or would be endangered if prior notice were given. The notice shall state the reasons which require placement outside the county. The parent or guardian may object to the placement not later than seven days after receipt of the notice and, upon objection, the court shall hold a hearing not later than five days after the objection and prior to the placement. The court shall order out-of-county placement if it finds that the childs particular needs require placement outside the county.
(i)Where 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 childs grandparents. The court shall clearly specify those rights to the social worker.
(j)Where 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 courts jurisdiction, or any nondependent siblings in the physical custody of a parent subject to the courts 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 childs 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 childs caregiver is able to meet the day-to-day health, safety, and well-being needs of the child.
(B)The childs caregiver is permitted to maintain the least restrictive and most family-like environment that family setting that promotes normal childhood experiences and serves the day-to-day needs of the child.
(C)The child is permitted to engage in reasonable, age-appropriate day-to-day activities that promote the most family-like environment normal childhood experiences for the foster child.
(2)The foster childs 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 childs 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.
(3)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 41.SEC. 43.Section 361.2 is added to the Welfare and Institutions Code, 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 childs 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 parents immigration status.
(2)The approved home of a relative, regardless of the relatives 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 that meets the mental health certification requirements of Section 11462.01, to be placed in a suitable family home certified by the agency as meeting licensing standards.
(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, 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; and the placement is approved by the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department.
(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 temporary shelter care facility as defined in Section 1530.8 of the Health and Safety Code, 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 or an assistant chief probation officer or chief probation officer of the county probation department has approved the case plan.
(ii)The short term, specialized, and intensive treatment period shall not exceed 120 days, unless the county has made progress toward or is actively working toward implementing the case plan that identifies the services or supports necessary to transition the child to a family setting, circumstances beyond the countys control have prevented the county from obtaining those services or supports within the timeline documented in the case plan, and the need for additional time pursuant to the case plan is documented by the caseworker and approved by a deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department.
(iii)To the extent that placements pursuant to this paragraph are extended beyond an initial 120 days, the requirements of clauses (i) and (ii) shall apply to each extension. In addition, the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department shall approve the continued placement no less frequently than every 60 days.
(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 childs parent is also a ward of the court and resides in the facility.
(II)The childs parent is participating in a treatment program affiliated with the facility and the childs 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, 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 countys control have prevented the county from obtaining those services or supports within the timeline documented in the case plan, and the need for additional time pursuant to the case plan is documented by the caseworker and approved by a deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department.
(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 or an assistant chief probation officer or chief probation officer of the county probation department shall approve the continued placement no less frequently than every 60 days.
(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 childs 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 childs parent or guardian in order to facilitate reunification of the family.
(2)In the event that there are no appropriate placements available in the parents or guardians county of residence, a placement may be made in an appropriate place in another county, preferably a county located adjacent to the parents or guardians community of residence.
(3)Nothing in this section shall be interpreted as requiring multiple disruptions of the childs 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 parents or guardians 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 childs parents or guardians county of residence, the specific reason the out-of-county placement is necessary shall be documented in the childs 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 childs health or well-being is endangered by delaying the action or would be endangered if prior notice were given. The notice shall state the reasons which require placement outside the county. The parent or guardian may object to the placement not later than seven days after receipt of the notice and, upon objection, the court shall hold a hearing not later than five days after the objection and prior to the placement. The court shall order out-of-county placement if it finds that the childs 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 childs 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 courts jurisdiction, or any nondependent siblings in the physical custody of a parent subject to the courts 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 childs 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 childs caregiver is able to meet the day-to-day health, safety, and well-being needs of the child.
(B)The childs caregiver is permitted to maintain the least restrictive and most family-like environment 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 the most family-like environment normal childhood experiences for the foster child.
(2)The foster childs 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 childs 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. 42.SEC. 44.Section 706.6 of the Welfare and Institutions Code is amended to read:706.6.(a)Services to minors are best provided in a framework that integrates service planning and delivery among multiple service systems, including the mental health system, using a team-based approach, such as a child and family team. A child and family team brings together individuals that engage with the child or youth and family in assessing, planning, and delivering services. Use of a team approach increases efficiency, and thus reduces cost, by increasing coordination of formal services and integrating the natural and informal supports available to the child or youth and family.
(b)(1)For the purposes of this section, child and family team has the same meaning as in paragraph (4) of subdivision (a) of Section 16501.
(2)The case plan shall be developed in collaboration with the child and family team. The agency shall consider the recommendations of the child and family team. The agency shall document the rationale for any inconsistencies between the case plan and the child and family team recommendations.
(c)A case plan prepared as required by Section 706.5 shall be submitted to the court. It shall either be attached to the social study or incorporated as a separate section within the social study. The case plan shall include, but not be limited to, the following information:
(1)A description of the circumstances that resulted in the minor being placed under the supervision of the probation department and in foster care.
(2)A preplacement assessment of the minors and familys strengths and service needs documentation that preplacement preventive services have been provided, and that reasonable efforts to prevent out-of-home placement have been made. The assessment shall include the type of placement best equipped to meet those needs.
(3)(A)A description of the type of home or institution in which the minor is to be placed, and the reasons for that placement decision, including a discussion of the safety and appropriateness of the placement, including the recommendations of the child and family team, if available.
(B)An appropriate placement is a placement in the least restrictive, most family-like environment, in closest proximity to the minors home, that meets the minors best interests and special needs.
(d)The following shall apply:
(1)The agency selecting a placement shall consider, in order of priority:
(A)Placement with relatives, nonrelated extended family members, and tribal members.
(B)Foster family homes and nontreatment certified homes or resource families of foster family agencies.
(C)Treatment and intensive treatment certified homes or resource families of foster family agencies, or multidimensional treatment foster homes or therapeutic foster care homes.
(D)Group care placements in the following order:
(i)Short-term residential treatment centers.
(ii)Group homes.
(iii)Community treatment facilities.
(iv)Out-of-state residential treatment pursuant to Part 5 (commencing with Section 7900) of Division 12 of the Family Code.
(2)A minor may be placed into a community care facility licensed as a short-term residential treatment center, as defined in subdivision (ad) of Section 11400, provided the case plan indicates that the placement is for the purposes of providing short-term, specialized, and intensive treatment for the minor, the case plan specifies the need for, nature of, and anticipated duration of this treatment, and the case plan includes transitioning the minor to a less restrictive environment and the projected timeline by which the minor will be transitioned to a less restrictive environment.
(e)Effective January 1, 2010, a case plan shall ensure the educational stability of the child while in foster care and shall include both of the following:
(1)Assurances that the placement takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement.
(2)An assurance that the placement agency has coordinated with appropriate local educational agencies to ensure that the child remains in the school in which the child is enrolled at the time of placement, or, if remaining in that school is not in the best interests of the child, assurances by the placement agency and the local educational agency to provide immediate and appropriate enrollment in a new school and to provide all of the childs educational records to the new school.
(f)Specific time-limited goals and related activities designed to enable the safe return of the minor to his or her home, or in the event that return to his or her home is not possible, activities designed to result in permanent placement or emancipation. Specific responsibility for carrying out the planned activities shall be assigned to one or more of the following:
(1)The probation department.
(2)The minors parent or parents or legal guardian or guardians, as applicable.
(3)The minor.
(4)The foster parents or licensed agency providing foster care.
(g)The projected date of completion of the case plan objectives and the date services will be terminated.
(h)(1)Scheduled visits between the minor and his or her family and an explanation if no visits are made.
(2)Whether the child has other siblings, and, if any siblings exist, all of the following:
(A)The nature of the relationship between the child and his or her siblings.
(B)The appropriateness of developing or maintaining the sibling relationships pursuant to Section 16002.
(C)If the siblings are not placed together in the same home, why the siblings are not placed together and what efforts are being made to place the siblings together, or why those efforts are not appropriate.
(D)If the siblings are not placed together, all of the following:
(i)The frequency and nature of the visits between the siblings.
(ii)If there are visits between the siblings, whether the visits are supervised or unsupervised. If the visits are supervised, a discussion of the reasons why the visits are supervised, and what needs to be accomplished in order for the visits to be unsupervised.
(iii)If there are visits between the siblings, a description of the location and length of the visits.
(iv)Any plan to increase visitation between the siblings.
(E)The impact of the sibling relationships on the childs placement and planning for legal permanence.
(F)The continuing need to suspend sibling interaction, if applicable, pursuant to subdivision (c) of Section 16002.
(3)The factors the court may consider in making a determination regarding the nature of the childs sibling relationships may include, but are not limited to, whether the siblings were raised together in the same home, whether the siblings have shared significant common experiences or have existing close and strong bonds, whether either sibling expresses a desire to visit or live with his or her sibling, as applicable, and whether ongoing contact is in the childs best emotional interests.
(i)(1)When placement is made in a foster family home, group home, or other child care institution that is either a substantial distance from the home of the minors parent or legal guardian or out-of-state, the case plan shall specify the reasons why the placement is the most appropriate and is in the best interest of the minor.
(2)When an out-of-state group home placement is recommended or made, the case plan shall comply with Section 727.1 and Section 7911.1 of the Family Code. In addition, documentation of the recommendation of the multidisciplinary team and the rationale for this particular placement shall be included. The case plan shall also address what in-state services or facilities were used or considered and why they were not recommended.
(j)If applicable, efforts to make it possible to place siblings together, unless it has been determined that placement together is not in the best interest of one or more siblings.
(k)A schedule of visits between the minor and the probation officer, including a monthly visitation schedule for those children placed in group homes.
(l)Health and education information about the minor, school records, immunizations, known medical problems, and any known medications the minor may be taking, names and addresses of the minors health and educational providers; the minors grade level performance; assurances that the minors placement in foster care takes into account proximity to the school in which the minor was enrolled at the time of placement; and other relevant health and educational information.
(m)When out-of-home services are used and the goal is reunification, the case plan shall describe the services that were provided to prevent removal of the minor from the home, those services to be provided to assist in reunification and the services to be provided concurrently to achieve legal permanency if efforts to reunify fail.
(n)The updated case plan prepared for a permanency planning hearing shall include a recommendation for a permanent plan for the minor. If, after considering reunification, adoptive placement, legal guardianship, or permanent placement with a fit and willing relative the probation officer recommends placement in a planned permanent living arrangement, the case plan shall include documentation of a compelling reason or reasons why termination of parental rights is not in the minors best interest. For purposes of this subdivision, a compelling reason shall have the same meaning as in subdivision (c) of Section 727.3.
(o)Each updated case plan shall include a description of the services that have been provided to the minor under the plan and an evaluation of the appropriateness and effectiveness of those services.
(p)A statement that the parent or legal guardian, and the minor have had an opportunity to participate in the development of the case plan, to review the case plan, to sign the case plan, and to receive a copy of the plan, or an explanation about why the parent, legal guardian, or minor was not able to participate or sign the case plan.
(q)For a minor in out-of-home care who is 16 years of age or older, a written description of the programs and services, which will help the minor prepare for the transition from foster care to independent living.
SEC. 43.SEC. 45.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 the recommendations of the child and family team and shall document the rationale for any inconsistencies between the child and family team recommendations and the final placement of the ward. 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 minors medical, surgical, and dental care and education as if the relative caretaker 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 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. If placement is in a treatment program, the requirements of Section 11462.01 shall be met.
(E)Commencing January 1, 2017, a minor or nonminor dependent may be placed in a short-term residential treatment center as defined in 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, that provides treatment services, provided that the requirements of Section 11462.01 are met. Code.
(F)With a foster family agency to be placed in a suitable licensed foster family home or certified family home that has been certified by the agency as meeting licensing standards.
(G)(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 minors 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.
(H)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 courts 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 minors 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. 44.SEC. 46.Section 727.1 of the Welfare and Institutions Code is amended to read:727.1.(a)When the court orders the care, custody, and control of the minor to be under the supervision of the probation officer for foster care placement pursuant to subdivision (a) of Section 727, the decision regarding choice of placement shall be based upon selection of a safe setting that is the least restrictive or most family like, and the most appropriate setting that is available and available, in close proximity to the parents home, consistent with the selection of the environment best suited to meet the minors special needs and best interests. The selection shall consider, in order of priority, placement with relatives, tribal members, and foster family, group care, and residential treatment pursuant to Section 7950 of the Family Code.
(b)Unless otherwise authorized by law, the court may not order the placement of a minor who is adjudged a ward of the court on the basis that he or she is a person described by either Section 601 or 602 in a private residential facility or program that provides 24-hour supervision, outside of the state, unless the court finds, in its order of placement, that all of the following conditions are met:
(1)In-state facilities or programs have been determined to be unavailable or inadequate to meet the needs of the minor.
(2)The State Department of Social Services or its designee has performed initial and continuing inspection of the out-of-state residential facility or program and has either certified that the facility or program meets the greater of all licensure standards required of group homes or of short-term residential treatment centers operated in California, or that the department has granted a waiver to a specific licensing standard upon a finding that there exists no adverse impact to health and safety, pursuant to subdivision (c) of Section 7911.1 of the Family Code.
(3)The requirements of Section 7911.1 of the Family Code are met.
(c)If, upon inspection, the probation officer of the county in which the minor is adjudged a ward of the court determines that the out-of-state facility or program is not in compliance with the standards required under paragraph (2) of subdivision (b) or has an adverse impact on the health and safety of the minor, the probation officer may temporarily remove the minor from the facility or program. The probation officer shall promptly inform the court of the minors removal, and shall return the minor to the court for a hearing to review the suitability of continued out-of-state placement. The probation officer shall, within one business day of removing the minor, notify the State Department of Social Services Compact Administrator, and, within five working days, submit a written report of the findings and actions taken.
(d)The court shall review each of these placements for compliance with the requirements of subdivision (b) at least once every six months.
(e)The county shall not be entitled to receive or expend any public funds for the placement of a minor in an out-of-state group home or short-term residential treatment center, unless the conditions of subdivisions (b) and (d) are met.
SEC. 45.SEC. 47.Section 827.11 is added to the Welfare and Institutions Code, to read:827.11.(a)The Legislature finds and declares all of the following:
(1)It is the intent of the Legislature to ensure quality care for children and youth who are placed in the continuum of foster care settings.
(2)Attracting and retaining quality caregivers is critical to achieving positive outcomes for children, youth, and families, and to ensuring the success of child welfare improvement efforts.
(3)Quality caregivers strengthen foster care by ensuring that a foster or relative family caring for a child provides the loving, committed, and skilled care that the child needs, while working effectively with the child welfare system to reach the childs goals.
(4)Caregivers who are informed of the childs educational, medical, dental, and mental health history and current needs are better able to meet those needs and address the effects of trauma, increasing placement stability and improving permanency outcomes.
(5)Sharing necessary information with the caregiver is a critical component of effective service delivery for children and youth in foster care.
(b)Therefore, consistent with state and federal law, information shall be provided to a caregiver regarding the childs or youths educational, medical, dental, and mental health history and current needs.
(c)This section is declaratory of existing law and is not intended to impose a new program or higher level of service upon any local agency. It is intended, however, that this restatement of existing law should engender a renewed sense of commitment to engaging foster parents in order to provide quality care to children and youth in foster care.
(d)No later than January 1, 2017, the department shall consult with representatives of the County Counsels Association of California, County Welfare Directors Association of California, and stakeholders to develop regulations or identify policy changes necessary to allow for the sharing of information as described in this section.
SEC. 46.SEC. 48.Section 831 is added to the Welfare and Institutions Code, to read:831.(a)(1)To promote more effective communication needed for the development of a plan to address the needs of the child or youth and family, a person designated as a member of a child and family team as defined in paragraph (4) of subdivision (a) of Section 16501 may receive and disclose relevant information and records, subject to the confidentiality provisions of state and federal law.
(2)Information exchanged among the team shall be received in confidence for the limited purpose of providing necessary services and supports to the child or youth and family and shall not be further disclosed except to the juvenile court with jurisdiction over the child or as otherwise required by law. Civil and criminal penalties may apply to the inappropriate disclosure of information held by the team.
(b)(1) Each participant in the child and family team with legal power to consent shall sign an authorization to release information to team members. In the event that a child or youth who is a dependent or ward of the juvenile court does not have the legal power to consent to the release of information, the childs attorney or other authorized individual may consent on behalf of the child.
(2)Authorization to release information shall be in writing and shall comply with all other applicable state law governing release of medical, mental health, social service, and educational records, and that covers identified team members, including service providers, in order to permit the release of records to the team.
(3)This authorization shall not include release of adoption records.
(4)The knowing and informed consent to release information given pursuant to this section shall only be in force for the time that the child or youth, or family, or nonminor dependent, is participating in the child and family team.
(c)Upon obtaining the authorization to release information as described in subdivision (b), relevant information and records may be shared with members of the team. If the team determines that the disclosure of information would present a reasonable risk of a significant adverse or detrimental effect on the childs or youths psychological or physical safety, the information shall not be released.
(d)Information and records communicated or provided to the team, by all providers, programs, and agencies, as well as information and records created by the team in the course of serving its children, youth, and their families, shall be deemed private and confidential and shall be protected from discovery and disclosure by all applicable statutory and common law. Nothing in this section shall be construed to affect the authority of a health care provider to disclose medical information pursuant to paragraph (1) of subdivision (c) of Section 56.10 of the Civil Code.
(e)If the child welfare agency files or records, or any portions thereof, are privileged or confidential, pursuant to any other state law, except Section 827, or federal law or regulation, the requirements of that state law or federal law or regulation prohibiting or limiting release of the child welfare agency files or records, or any portions thereof, shall prevail.
(f)All discussions during team meetings are confidential unless disclosure is required by law. Notwithstanding any other law, testimony concerning any team meeting discussion is not admissible in any criminal or civil proceeding except as provided in paragraph (2) of subdivision (a).
(g)As used in this section, privileged information means any information subject to a privilege pursuant to Division 8 (commencing with Section 900) of the Evidence Code. Disclosure of otherwise privileged information to team members shall not be construed to waive the privilege.
SEC. 47.SEC. 49.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 Californias 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, 2018.
(d)For the 200102 fiscal year, the 200203 fiscal year, the 200304 fiscal year, and the 200405 fiscal year, community treatment facility programs shall also be paid a community treatment facility supplemental rate of up to two thousand five hundred dollars ($2,500) per child per month on behalf of children eligible under the foster care program and children placed out of home pursuant to an individualized education program developed under Section 7572.5 of the Government Code. Subject to the availability of funds, the supplemental rate shall be shared by the state and the counties. Counties shall be responsible for paying a county share of cost equal to 60 percent of the community treatment rate for children placed by counties in community treatment facilities and the state shall be responsible for 40 percent of the community treatment facility supplemental rate. The community treatment facility supplemental rate is intended to supplement, and not to supplant, the payments for which children placed in community treatment facilities are eligible to receive under the foster care program and the existing programs for mental health services.
(e)For initial ratesetting purposes for community treatment facility funding, the cost of mental health services shall be determined by deducting the foster care rate and the community treatment facility supplemental rate from the total allowable cost of the community treatment facility program. Payments to certified providers for mental health services shall be based on eligible services provided to children who are Medi-Cal beneficiaries, up to the approved federal rate for these services.
(f)The State Department of Health Care Services shall provide the community treatment facility supplemental rates to the counties for advanced payment to the community treatment facility providers in the same manner as the regular foster care payment and within the same required payment time limits.
(g)In order to facilitate the study of the costs of community treatment facilities, licensed community treatment facilities shall provide all documents regarding facility operations, treatment, and placements requested by the department.
(h)It is the intent of the Legislature that the State Department of Health Care Services and the State Department of Social Services work to maximize federal financial participation in funding for children placed in community treatment facilities through funds available pursuant to Titles IV-E and XIX of the federal Social Security Act (Title 42 U.S.C. Sec. 670 et seq. and Sec. 1396 et seq.) and other appropriate federal programs.
(i)The State Department of Health Care Services and the State Department of Social Services may adopt emergency regulations necessary to implement joint protocols for the oversight of community treatment facilities, to modify existing licensing regulations governing reporting requirements and other procedural and administrative mandates to take into account the seriousness and frequency of behaviors that are likely to be exhibited by the children who have been assessed as having an emotional disturbance pursuant to Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations 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. 48.SEC. 50.Section 4096 of the Welfare and Institutions Code is amended to read:4096.(a)(1)Interagency collaboration and childrens program services shall be structured in a manner that will facilitate future implementation of the goals of Part 4 (commencing with Section 5850) of Division 5 to develop protocols outlining the roles and responsibilities of placing agencies and group homes regarding emergency and nonemergency placements of foster children in group homes.
(2)Components shall be added to state-county performance contracts required in Section 5650 that provide for reports from counties on how this section is implemented.
(3)The department shall develop performance contract components required by paragraph (2).
(4)Performance contracts subject to this section shall document that the procedures to be implemented in compliance with this section have been approved by the county social services department and the county probation department.
(b)Funds specified in subdivision (a) of Section 17601 for services to wards of the court and dependent children of the court shall be allocated and distributed to counties based on the number of wards of the court and dependent children of the court in the county.
(c)A county may utilize funds allocated pursuant to subdivision (b) only if the county has an established and operational interagency placement committee, with a membership that includes at least the county placement agency and a licensed mental health professional from the county department of mental health. If necessary, the funds may be used for costs associated with establishing the interagency placement committee.
(d)Subsequent to the establishment of an interagency placement committee, funds allocated pursuant to subdivision (b) shall be used to provide services to wards of the court and dependent children of the court jointly identified by county mental health, social services, and probation departments as the highest priority. Every effort shall be made to match those funds with funds received pursuant to Title XIX of the federal Social Security Act, contained in Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code.
(e)(1)Each interagency placement committee shall establish procedures whereby a ward of the court or dependent child of the court, or a voluntarily placed child whose placement is funded by the Aid to Families with Dependent Children-Foster Care Program, who is to be placed or is currently placed in a group home program at a rate classification level 13 or rate classification level 14 as specified in Section 11462.01, is assessed as having an emotional disturbance pursuant to Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations and Section 1502.4 of the Health and Safety Code. seriously emotionally disturbed, as described in Section 5600.3.
(2)The assessment required by paragraph (1) shall also indicate that the child or youth is in need of the care and services provided by that group home program.
(f)The interagency placement committee shall document the results of the assessment required by subdivision (e) and shall notify the appropriate group home provider and county placing agency, in writing, of those results within 10 days of the completion of the assessment.
(g)If the childs or youths placement is not funded by the Aid to Families with Dependent Children-Foster Care Program, a licensed mental health professional, which is defined to include a physician licensed under Section 2050 of the Business and Professions Code, a licensed psychologist within the meaning of subdivision (a) of Section 2902 of the Business and Professions Code, a licensed clinical social worker within the meaning of subdivision (a) of Section 4996 of the Business and Professions Code, a licensed marriage and family therapist within the meaning of subdivision (b) of Section 4980 of the Business and Professions Code, or a licensed professional clinical counselor within the meaning of subdivision (e) of Section 4999.12, shall certify that the child is assessed as having an emotional disturbance as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations and Section 1502.4 of the Health and Safety Code. seriously emotionally disturbed, as described in Section 5600.3.
(h)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 49.SEC. 51.Section 4096 is added to the Welfare and Institutions Code, to read:4096.(a)(1)Interagency collaboration and childrens program services shall be structured in a manner that will facilitate implementation of the goals of Part 4 (commencing with Section 5850) of Division 5 to develop protocols outlining the roles and responsibilities of placing agencies and group homes regarding emergency and nonemergency placements of foster children in group homes. Part 4 (commencing with Section 5850) of Division 5 to develop protocols outlining the roles and responsibilities of placing agencies, short-term residential treatment centers, and foster family agencies regarding emergency and nonemergency placements of foster children in short-term residential treatment centers or foster family agencies.
(2)Components shall be added to state-county performance contracts required in Section 5650 that provide for reports from counties on how this section is implemented.
(3)The State Department of Health Care Services shall develop performance contract components required by paragraph (2).
(4)Performance contracts subject to this section shall document that the procedures to be implemented in compliance with this section have been approved by the county social services department and the county probation department.
(b)Funds specified in subdivision (a) of Section 17601 for services to wards of the court and dependent children of the court shall be allocated and distributed to counties based on the number of wards of the court and dependent children of the court in the county.
(c)A county may utilize funds allocated pursuant to subdivision (b) only if the county has an established and an operational interagency placement committee with a membership that includes at least the county placement agency and a licensed mental health professional from the county department of mental health. If necessary, the funds may be used for costs associated with establishing the interagency placement committee.
(d)Funds allocated pursuant to subdivision (b) shall be used to provide services to wards of the court and dependent children of the court jointly identified by county mental health, social services, and probation departments as the highest priority. Every effort shall be made to match those funds with funds received pursuant to Title XIX of the federal Social Security Act, contained in Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code.
(e)(1)Each interagency placement committee shall establish procedures whereby a ward of the court or dependent child of the court, or a voluntarily placed child whose placement is funded by the Aid to Families with Dependent Children-Foster Care Program, who is to be placed or is currently placed in a short-term residential treatment center or foster family agency that provides treatment services, as specified in Section 11462.01, or a group home granted an extension pursuant to Section 11462.04, is assessed as having an emotional disturbance as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations and Section 1502.4 of the Health and Safety Code. seriously emotionally disturbed, as described in Section 5600.3.
(2)The assessment required by paragraph (1) shall also indicate that the child is in need of the care and services provided by a short-term residential center or foster family agency that provides treatment services.
(3)In lieu of an assessment by the interagency placement committee required under paragraph (1), a child and family team, as defined in paragraph (4) of subdivision (a) of Section 16501, may utilize an assessment by a licensed mental health professional that was developed consistent with procedures established by the county under paragraph (1). Nothing in this paragraph shall prohibit the child and family team from considering an assessment provided by an interagency placement committee.
(f)The interagency placement committee or the child and family team, as appropriate, shall document the results of the assessment required by subdivision (e) and shall notify the appropriate provider in writing, of those results within 10 days of the completion of the assessment.
(g)If the childs or youths placement is not funded by the Aid to Families with Dependent Children-Foster Care Program, a licensed mental health professional, a physician licensed under Section 2050 of the Business and Professions Code, a licensed psychologist within the meaning of subdivision (a) Section 2902 of the Business and Professions Code, a licensed clinical social worker within the meaning of subdivision (a) of Section 4996 of the Business and Professions Code, a licensed marriage and family therapist within the meaning of subdivision (b) of Section 4980 of the Business and Professions Code, or a licensed professional clinical counselor within the meaning of subdivision (e) of Section 4999.12, shall certify that the child has been assessed as having an emotional disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations. seriously emotionally disturbed, as described in Section 5600.3.
(h)This section shall become operative on January 1, 2017.
SEC. 50.SEC. 52.Section 4096.1 is added to the Welfare and Institutions Code, to read:4096.1.(a)(1)Interagency collaboration and childrens program services shall be structured in a manner that will facilitate future implementation of the goals of Part 4 (commencing with Section 5850) of Division 5 to develop protocols outlining the roles and responsibilities of placing agencies and group homes regarding emergency and nonemergency placements of foster children in group homes.
(2)Components shall be added to state-county performance contracts required in Section 5650 that provide for reports from counties on how this section is implemented.
(3)The State Department of Health Care Services shall develop performance contract components required by paragraph (2).
(4)Performance contracts subject to this section shall document that the procedures to be implemented in compliance with this section have been approved by the county social services department and the county probation department.
(b)Funds specified in subdivision (a) of Section 17601 for services to wards of the court and dependent children of the court shall be allocated and distributed to counties based on the number of wards of the court and dependent children of the court in the county.
(c)A county may utilize funds allocated pursuant to subdivision (b) only if the county has an established and an operational interagency placement committee, with a membership that includes at least the county placement agency and a licensed mental health professional from the county department of mental health. If necessary, the funds may be used for costs associated with establishing the interagency placement committee.
(d)Subsequent to the establishment of an interagency placement committee, funds allocated pursuant to subdivision (b) shall be used to provide services to wards of the court and dependent children of the court jointly identified by county mental health, social services, and probation departments as the highest priority. Every effort shall be made to match those funds with funds received pursuant to Title XIX of the federal Social Security Act, contained in Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code.
(e)(1)Each interagency placement committee shall establish procedures whereby a ward of the court or dependent child of the court, or a voluntarily placed child whose placement is funded by the Aid to Families with Dependent Children-Foster Care Program, who is to be placed or is currently placed in a group home program at a rate classification level 13 or rate classification level 14 as specified in Section 11462.001, is assessed as having an emotional disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations. seriously emotionally disturbed, as described in Section 5600.3.
(2)The assessment required by paragraph (1) shall also indicate that the child or youth is in need of the care and services provided by that group home program.
(f)The interagency placement committee shall document the results of the assessment required by subdivision (e) and shall notify the appropriate group home provider and county placing agency, in writing, of those results within 10 days of the completion of the assessment.
(g)If the childs or youths placement is not funded by the Aid to Families with Dependent Children-Foster Care Program, a licensed mental health professional, as defined in subdivision (g) of Section 4096, shall certify that the child has been assessed as having an emotional disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations. seriously emotionally disturbed, as described in Section 5600.3.
(h)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.
(i)This section shall become operative on January 1, 2017.
(j)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 51.SEC. 53.Section 4096.5 of the Welfare and Institutions Code is amended to read:4096.5.(a)The State Department of Health Care Services shall make a determination, within 45 days of receiving a request from a group home to be classified at RCL 13 or RCL 14 pursuant to Section 11462.01, to certify or deny certification that the group home program includes provisions for mental health treatment services that meet the needs of children who have been assessed as having an emotional disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations. seriously emotionally disturbed, as described in Section 5600.3. The department shall issue each certification for a period of one year and shall specify the effective date the program met the certification requirements. A program may be recertified if the program continues to meet the criteria for certification.
(b)The State Department of Health Care Services shall, in consultation with the County Behavioral Health Directors Association of California and representatives of provider organizations, develop the criteria for the certification required by subdivision (a) by July 1, 1992.
(c)(1)The State Department of Health Care Services may, upon the request of a county, delegate to that county the certification task.
(2)Any county to which the certification task is delegated pursuant to paragraph (1) shall use the criteria and format developed by the department.
(d)The State Department of Health Care Services or delegated county shall notify the State Department of Social Services Community Care Licensing Division immediately upon the termination of any certification issued in accordance with subdivision (a).
(e)Upon receipt of notification from the State Department of Social Services Community Care Licensing Division of any adverse licensing action taken after the finding of noncompliance during an inspection conducted pursuant to Section 1538.7 of the Health and Safety Code, the State Department of Health Care Services or the delegated county shall review the certification issued pursuant to this section.
(f)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 52.SEC. 54.Section 4096.5 is added to the Welfare and Institutions Code, to read:4096.5.(a)All short-term residential treatment centers, programs and all foster family agencies programs that provide treatment services shall obtain and have in good standing a mental health certification, as described in Section 11462.01, issued by the State Department of Health Care Services or a county to which the department has delegated certification authority. This certification is a condition for receiving an Aid to Families with Dependent Children-Foster Care rate pursuant to Section 11462.015.
(b)The State Department of Health Care Services or a county to which the department has delegated certification authority shall certify or deny certification within 45 days of receiving a certification request. The State Department of Health Care Services or a county to which the department has delegated certification authority shall issue each certification for a period of one year and shall specify the effective date that the program met the program standards. Certified entities shall meet all program standards to be recertified.
(c)The State Department of Health Care Services shall promulgate regulations regarding program standards, oversight, enforcement, and due process for the mental health certification of short-term residential treatment centers and foster family agencies that provide intensive or therapeutic treatment services.
(d)(1)Except for certification of short-term residential treatment centers or foster family agencies operated by a county, the State Department of Health Care Services may, upon the request of a county, delegate to that county the certification of short-term residential treatment centers and foster family agencies within its borders.
(2)Any county to which certification is delegated pursuant to paragraph (1) shall be responsible for the oversight and enforcement of program standards and the provision of due process for certified entities.
(e)The State Department of Health Care Services or a county to which the department has delegated certification authority shall notify the State Department of Social Services immediately upon the termination of any certification issued in accordance with subdivisions (a) and (b).
(f)The State Department of Social Services shall notify the State Department of Health Care Services or a county to which the department has delegated certification authority immediately upon the revocation of any license issued pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code.
(g)Revocation of a license or a mental health certification shall be a basis for rate termination.
(h)This section shall become operative on January 1, 2017.
SEC. 53.SEC. 55.Section 4096.55 is added to the Welfare and Institutions Code, to read:4096.55.(a)The State Department of Health Care Services shall make a determination, within 45 days of receiving a request from a group home to be classified at rate classification level 13 or rate classification level 14 pursuant to Section 11462.015, to certify or deny certification that the group home program includes provisions for mental health treatment services that meet the needs of children who have been assessed as having an emotional disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations. seriously emotionally disturbed, as described in Section 5600.3. The department shall issue each certification for a period of one year and shall specify the effective date the program met the certification requirements. A program may be recertified if the program continues to meet the criteria for certification.
(b)The State Department of Health Care Services shall, in consultation with the California Behavioral Health Directors Association of California and representatives of provider organizations, develop the criteria for the certification required by subdivision (a).
(c)(1)The State Department of Health Care Services may, upon the request of a county, delegate to that county the certification task.
(2)Any county to which the certification task is delegated pursuant to paragraph (1) shall use the criteria and format developed by the department.
(d)The State Department of Health Care Services or delegated county shall notify the State Department of Social Services Community Care Licensing Division immediately upon the termination of any certification issued in accordance with subdivision (a).
(e)Upon receipt of notification from the State Department of Social Services Community Care Licensing Division of any adverse licensing action taken after the finding of noncompliance during an inspection conducted pursuant to Section 1538.7 of the Health and Safety Code, the State Department of Health Care Services or the delegated county shall review the certification issued pursuant to this section.
(f)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.
(g)This section shall become operative on January 1, 2017.
(h)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 56.Section 11253.2 is added to the Welfare and Institutions Code, to read:11253.2.(a)Notwithstanding any other law, an application for aid filed on behalf of a child to whom Section 309 or 361.45 applies shall be processed pursuant to an expedited process as determined by the department in consultation with the counties.
(b)Subdivision (a) shall not apply if the person who applies for aid on behalf of a child described in subdivision (a) is also an applicant for or a recipient of benefits under this chapter.
(c)(1) Except as provided in paragraph (2), a person who applies for aid on behalf of a child described in subdivision (a) shall be exempt from Chapter 4.6 (commencing with Section 10830) of Part 2 governing the statewide fingerprint imaging system.
(2)A relative caregiver who is also an applicant for or a recipient of benefits under this chapter shall comply with the statewide fingerprint imaging system requirements.
SEC. 54.SEC. 57.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 childs needs. It shall also include the agencys 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 childs family, and the foster parents, in order to meet the childs needs while in foster care, and to reunify the child with the childs family. In addition, the plan shall specify the services that will be provided or steps that will be taken to facilitate an alternate permanent plan if reunification is not possible.
(c)Certified family home means a family residence certified by a licensed foster family agency and issued a certificate of approval by that agency as meeting licensing standards, and used only by that foster family agency for placements.
(d)Family home means the family residence of a licensee in which 24-hour care and supervision are provided for children.
(e)Small family home means any residential facility, in the licensees 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, that provides treatment services, as described in Section 111462.01. 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 childs 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 childs return home or establishment of alternative permanent placement.
(j)Permanency planning hearing means a hearing conducted by the juvenile court in which the childs 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 childs placement; or to the responsibility designated to an individual by virtue of his or her being appointed the childs 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 members 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 nonminors 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 nonminors and social workers or probation officers 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 dependents 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 childs case plan submitted for the last review hearing held before he or she reaches 18 years of age or the nonminor dependents 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 nonminors appropriate supervised placement setting, and the nonminors 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 nonminors 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 nonminors 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 nonminors agreement to work collaboratively with the placing agency to develop his or her transitional independent living case plan within 60 days of reentry, the nonminors agreement to report any changes of circumstances relevant to continued eligibility for foster care payments, and (1) the nonminors 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 agencys 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 nonminors 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 courts transition jurisdiction under Section 450.
(ad)Short-term residential treatment center means a 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 childs or youths case plan specifies the need for, nature of, and anticipated duration of this specialized treatment.
(ae)Resource family means an approved caregiver, as defined in subdivision (c) of Section 16519.5.
SEC. 55.SEC. 58.Section 11402 of the Welfare and Institutions Code is amended to read:11402.In order to be eligible for AFDC-FC, a child or nonminor dependent shall be placed in one of the following:
(a)The approved home of a relative, provided the child or youth is otherwise eligible for federal financial participation in the AFDC-FC payment.
(b)(1)The licensed family home of a nonrelative.
(2)The approved home of a nonrelative extended family member as described in Section 362.7.
(c)The approved home of a resource family as defined in Section 16519.5.
(d)A licensed group home, as defined in subdivision (h) of Section 11400, excluding a runaway and homeless youth shelter as defined in subdivision (ab) of Section 11400, provided that the placement worker has documented that the placement is necessary to meet the treatment needs of the child 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)An exclusive-use home.
(g)A housing model certified by a licensed transitional housing placement provider as described in Section 1559.110 of the Health and Safety Code and as defined in subdivision (r) of Section 11400.
(h)An out-of-state group home, provided that the placement worker, in addition to complying with all other statutory requirements for placing a 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.
(i)An approved supervised independent living setting for nonminor dependents, as defined in subdivision (w) of Section 11400.
(j)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 56.SEC. 59.Section 11402 is added to the Welfare and Institutions Code, to read:11402.In order to be eligible for AFDC-FC, a child or nonminor dependent shall be placed in one of the following:
(a)The approved home of a relative, provided the child or youth is otherwise eligible for federal financial participation in the AFDC-FC payment.
(b)(1)The home of a nonrelated legal guardian or the home of a former nonrelated legal guardian when the guardianship of a child or youth who is otherwise eligible for AFDC-FC has been dismissed due to the child or youth attaining 18 years of age.
(2)The approved home of a nonrelative extended family member, as described in Section 362.7.
(c)(1)The licensed family home of a nonrelative.
(2)The approved home of a resource family, as defined in Section 16519.5.
(d)(1)A housing model certified by a licensed transitional housing placement provider, as described in Section 1559.110 of the Health and Safety Code, and as defined in subdivision (r) of Section 11400.
(2)An approved supervised independent living setting for nonminor dependents, as defined in subdivision (w) of Section 11400.
(e)A licensed foster family agency, as defined in paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code, for placement into a treatment foster home, provided that all of the following apply:
(1)The program has accreditation from a nationally recognized entity identified by the State Department of Social Services pursuant to the process described in paragraph (8) of subdivision (b) of Section 11463.
(2)The program has a mental health certificate pursuant to Section 11462.015.
(f)A short-term residential treatment center licensed as a community care facility, as defined in subdivision (ad) of Section 11400, provided that all of the following apply:
(1)The program has a national accreditation from an entity identified by the State Department of Social Services pursuant to the process described in paragraph (4) of subdivision (b) of Section 11462.
(2)The program has a mental health certificate pursuant to Section 11462.015.
(3)The placement worker has documented in the childs or youths case plan the need for, nature of, and anticipated duration of this specialized treatment to meet the treatment needs of the child or youth and that the facility offers those treatment services.
(g)An out-of-state group home that meets the equivalent of the requirements of paragraphs (1), (2), and (3) of subdivision (f), provided that the placement worker, in addition to complying with all other statutory requirements for placing a 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)A community treatment facility set forth in Article 5 (commencing with Section 4094) of Chapter 3 of Part 1 of Division 4.
(i)This section shall become operative on January 1, 2017.
SEC. 57.SEC. 60.Section 11402.01 is added to the Welfare and Institutions Code, immediately following Section 11402, to read:11402.01.In order to be eligible for AFDC-FC, a child or nonminor dependent shall be placed in one of the following:
(a)The approved home of a relative, provided the child or youth is otherwise eligible for federal financial participation, as defined in Section 11402.1, in the AFDC-FC payment.
(b)(1)The licensed family home of a nonrelative.
(2)The approved home of a nonrelative extended family member as described in Section 362.7.
(c)The approved home of a resource family as defined in Section 16519.5.
(d)A licensed group home, as defined in subdivision (h) of Section 11400, excluding a runaway and homeless youth shelter as defined in subdivision (ab) of Section 11400, provided that the placement worker has documented that the placement is necessary to meet the treatment needs of the child 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)An exclusive-use home.
(g)A housing model certified by a licensed transitional housing placement provider as described in Section 1559.110 of the Health and Safety Code and as defined in subdivision (r) of Section 11400.
(h)An out-of-state group home, provided that the placement worker, in addition to complying with all other statutory requirements for placing a minor in an out-of-state group home, documents that the requirements of Section 7911.1 of the Family Code have been met.
(i)An approved supervised independent living setting for nonminor dependents, as defined in subdivision (w) of Section 11400.
(j)This section shall 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, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 58.SEC. 61.Section 11403.2 of the Welfare and Institutions Code is amended to read:11403.2.(a)The following persons shall be eligible for transitional housing provided pursuant to Article 4 (commencing with Section 16522) of Chapter 5 of Part 4:
(1)Any foster child at least 16 years of age and not more than 18 years of age, and, on or after January 1, 2012, any nonminor dependent, as defined in subdivision (v) of Section 11400, who is eligible for AFDC-FC benefits as described in Section 11401. A foster child under 18 years of age shall be eligible for placement in the program certified as a Transitional Housing Placement Program, pursuant to paragraph (1) of subdivision (a) of Section 16522.1. A nonminor dependent shall be eligible for placement in the program certified as a Transitional Housing Placement-Plus Foster Care Program pursuant to paragraph (2) of subdivision (a) of Section 16522.1.
(2)(A)Any former foster youth at least 18 years of age and, except as provided in subparagraph (B), not more than 24 years of age who has exited from the foster care system on or after his or her 18th birthday and elects to participate in Transitional Housing Program-Plus, as defined in subdivision (s) of Section 11400, if he or she has not received services under this paragraph for more than a total of 24 months, whether or not consecutive. If the person participating in a Transitional Housing Program-Plus is not receiving aid under Section 11403.1, he or she, as a condition of participation, shall enter into, and execute the provisions of, a transitional independent living plan that shall be mutually agreed upon, and annually reviewed, by the former foster youth and the applicable county welfare or probation department or independent living program coordinator. The person participating under this paragraph shall inform the county of any changes to conditions specified in the agreed-upon plan that affect eligibility, including changes in address, living circumstances, and the educational or training program.
(B)A county may, at its option, extend the services provided under subparagraph (A) to former foster youth not more than 25 years of age, and for a total of 36 months, whether or not consecutive, if the former foster youth, in addition to the requirements specified in subparagraph (A), meets either of the following criteria:
(i)The former foster youth is completing secondary education or a program leading to an equivalent credential.
(ii)The former foster youth is enrolled in an institution that provides postsecondary education.
(b)Payment on behalf of an eligible person receiving transitional housing services pursuant to paragraph (1) of subdivision (a) shall be made to the transitional housing placement provider pursuant to the conditions and limitations set forth in Section 11403.3. Notwithstanding Section 11403.3, the department, in consultation with concerned stakeholders, including, but not limited to, representatives of the Legislature, the County Welfare Directors Association of California, the Chief Probation Officers of California, the Judicial Council, representatives of Indian tribes, the California Youth Connection, former foster youth, child advocacy organizations, labor organizations, juvenile justice advocacy organizations, foster caregiver organizations, researchers, and transitional housing placement providers, shall convene a workgroup to establish a new rate structure for the Title IV-E funded THP-Plus Foster Care placement option for nonminor dependents. The workgroup shall also consider application of this new rate structure to the Transitional Housing Program-Plus, as described in paragraph (2) of subdivision (a) of Section 11403.3. In developing the new rate structure pursuant to this subdivision, the department shall consider the average rates in effect and being paid by counties to current transitional housing placement providers.
(c)The Legislature finds and declares that this subdivision was added in 2015 to clearly codify the requirement of existing law regarding the payment made on behalf of an eligible person receiving transitional housing services. The workgroup described in subdivision (b) recommended, and the department subsequently implemented, an annual adjustment to the payment made on behalf of an eligible person receiving transitional housing services. This annual adjustment has been, and shall continue to be, equal to the California Necessities Index applicable to each fiscal year. The Legislature hereby codifies that its intent remains in making this annual adjustment to support the care and supervision, including needed services and supports, for nonminor dependents who are receiving transitional housing services through the THP-Plus Foster Care Program.
SEC. 59.SEC. 62.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 childs personal incidentals, liability insurance with respect to a child, reasonable travel to the childs 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.
(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 both of the following:
(A)Submitted a rate application to the department and received a determination of the level of financial participation in the rate paid.
(i)The level of financial participation shall not exceed the current fiscal years standard rate for rate classification level 14 for a group home; or, commencing January 1, 2017, for a short-term residential treatment center.
(ii)The level of financial participation shall not exceed the rate determined by the ratesetting authority of the state in which the facility is located.
(B)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 countys 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. 60.SEC. 63.Section 11461.2 of the Welfare and Institutions Code is amended to read:11461.2.(a)It is the intent of the Legislature to ensure quality care for children who are placed in the continuum of AFDC-FC eligible placement settings.
(b)The State Department of Social Services shall establish, in consultation with county welfare departments and other stakeholders, as appropriate, a working group to develop recommended revisions to the current ratesetting system, services, and programs serving children and families in the continuum of AFDC-FC eligible placement settings including, at a minimum, all programs provided by foster family agencies and group homes including those providing residentially based services, as defined in paragraph (1) of subdivision (a) of Section 18987.71.
(c)In developing the recommended revisions identified in subdivision (b), the working group shall consider all of the following:
(1)How ratesetting systems for foster care providers, including, at least, foster family agencies and group homes, can better support a continuum of programs and services that promote positive outcomes for children and families. This may include a process for matching the childs strengths and needs to the appropriate placement setting.
(2)How the provision of an integrated, comprehensive set of services including mental health and other critical services for children and youth support the achievement of well-being, permanency, and safety outcomes.
(3)How to ensure the provision of services in family-like settings including aftercare services, when appropriate.
(4)How to provide outcome-based evaluations of foster care providers or other methods of measuring quality improvement including measures of youth and families satisfaction with services provided and program effectiveness.
(5)How changes in the licensing, ratesetting, and auditing processes can improve the quality of foster care providers, the quality of services and programs provided, and enhance the oversight of care provided to children, including, but not limited to, accreditation, administrator qualifications, and the reassignment of these responsibilities within the department.
(d)In addition to the considerations in subdivision (c), the workgroup recommendations shall be based on the review and evaluation of the current ratesetting systems, actual cost data, and information from the provider community as well as research on other applicable ratesetting methodologies, evidence-based practices, information developed as a result of pilots approved by the director, and any other relevant information.
(e)(1)The workgroup shall develop the content, format, and data sources for reports to be posted by the department on a public Internet Web site describing the outcomes achieved by providers with foster care rates set by the department.
(2)Commencing January 1, 2017, and at least semiannually after that date, the department shall publish and make available on a public Internet Web site, short-term residential treatment center and foster family agency provider performance indicators.
(f)(1)Recommendations developed pursuant to this section shall include the plan required under subdivision (d) of Section 18987.7. Updates regarding the workgroups establishment and its progress toward meeting the requirements of this section shall be provided to the Legislature during 201213 and 201314 budget hearings. The revisions recommended pursuant to the requirements of subdivision (b) shall be submitted in a report to the appropriate policy and fiscal committees of the Legislature by October 1, 2014.
(2)The requirement for submitting a report pursuant to this subdivision is inoperative on October 1, 2018, pursuant to Section 10231.5 of the Government Code.
(g)The department shall retain the authority to extend the workgroup after October 1, 2014, to ensure that the objectives of this section are met and to reconvene this workgroup as necessary to address any future recommended changes to the continuum of AFDC-FC eligible placement settings pursuant to this section.
SEC. 61.SEC. 64.Section 11462 of the Welfare and Institutions Code is amended to read:11462.(a)(1)Effective July 1, 1990, foster care providers licensed as group homes, as defined in departmental regulations, including public child care institutions, as defined in Section 11402.5, shall have rates established by classifying each group home program and applying the standardized schedule of rates. The department shall collect information from group providers beginning January 1, 1990, in order to classify each group home program.
(2)Notwithstanding paragraph (1), foster care providers licensed as group homes shall have rates established only if the group home is organized and operated on a nonprofit basis as required under subdivision (h) of Section 11400. The department shall terminate the rate effective January 1, 1993, of any group home not organized and operated on a nonprofit basis as required under subdivision (h) of Section 11400.
(3)(A)The department shall determine, consistent with the requirements of this chapter and other relevant requirements under law, the rate classification level (RCL) for each group home program on a biennial basis. Submission of the biennial rate application shall be made according to a schedule determined by the department.
(B)The department shall adopt regulations to implement this paragraph. The adoption, amendment, repeal, or readoption of a regulation authorized by this paragraph is deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement to describe specific facts showing the need for immediate action.
(b)A group home program shall be initially classified, for purposes of emergency regulations, according to the level of care and services to be provided using a point system developed by the department and described in the report, The Classification of Group Home Programs under the Standardized Schedule of Rates System, prepared by the State Department of Social Services, August 30, 1989.
(c)The rate for each RCL has been determined by the department with data from the AFDC-FC Group Home Rate Classification Pilot Study. The rates effective July 1, 1990, were developed using 1985 calendar year costs and reflect adjustments to the costs for each fiscal year, starting with the 198687 fiscal year, by the amount of the California Necessities Index computed pursuant to the methodology described in Section 11453. The data obtained by the department using 1985 calendar year costs shall be updated and revised by January 1, 1993.
(d)As used in this section, standardized schedule of rates means a listing of the 14 rate classification levels, and the single rate established for each RCL.
(e)Except as specified in paragraph (1), the department shall determine the RCL for each group home program on a prospective basis, according to the level of care and services that the group home operator projects will be provided during the period of time for which the rate is being established.
(1)(A)(i)For new and existing providers requesting the establishment of an RCL, and for existing group home programs requesting an RCL increase, the department shall determine the RCL no later than 13 months after the effective date of the provisional rate. The determination of the RCL shall be based on a program audit of documentation and other information that verifies the level of care and supervision provided by the group home program during a period of the two full calendar months or 60 consecutive days, whichever is longer, preceding the date of the program audit, unless the group home program requests a lower RCL. The program audit shall not cover the first six months of operation under the provisional rate.
(ii)For audit purposes, if the group home program serves a mixture of AFDC-FC eligible and ineligible children, the weighted hours for child care and social work services provided and the capacity of the group home shall be adjusted by the ratio of AFDC-FC eligible children to all children in placement.
(iii)Pending the departments issuance of the program audit report that determines the RCL for the group home program, the group home program shall be eligible to receive a provisional rate that shall be based on the level of care and service that the group home program proposes it will provide. The group home program shall be eligible to receive only the RCL determined by the department during the pendency of any appeal of the departments RCL determination.
(B)A group home program may apply for an increase in its RCL no earlier than two years from the date the department has determined the group home programs rate, unless the host county, the primary placing county, or a regional consortium of counties submits to the department in writing that the program is needed in that county, that the provider is capable of effectively and efficiently operating the proposed program, and that the provider is willing and able to accept AFDC-FC children for placement who are determined by the placing agency to need the level of care and services that will be provided by the program.
(C)To ensure efficient administration of the departments audit responsibilities, and to avoid the fraudulent creation of records, group home programs shall make records that are relevant to the RCL determination available to the department in a timely manner. Except as provided in this section, the department may refuse to consider, for purposes of determining the rate, any documents that are relevant to the determination of the RCL that are not made available by the group home provider by the date the group home provider requests a hearing on the departments RCL determination. The department may refuse to consider, for purposes of determining the rate, the following records, unless the group home provider makes the records available to the department during the fieldwork portion of the departments program audit:
(i)Records of each employees full name, home address, occupation, and social security number.
(ii)Time records showing when the employee begins and ends each work period, meal periods, split shift intervals, and total daily hours worked.
(iii)Total wages paid each payroll period.
(iv)Records required to be maintained by licensed group home providers under Title 22 of the California Code of Regulations that are relevant to the RCL determination.
(D)To minimize financial abuse in the startup of group home programs, when the departments RCL determination is more than three levels lower than the RCL level proposed by the group home provider, and the group home provider does not appeal the departments RCL determination, the department shall terminate the rate of a group home program 45 days after issuance of its program audit report. When the group home provider requests a hearing on the departments RCL determination, and the RCL determined by the director under subparagraph (E) is more than three levels lower than the RCL level proposed by the group home provider, the department shall terminate the rate of a group home program within 30 days of issuance of the directors decision. Notwithstanding the reapplication provisions in subparagraph (B), the department shall deny any request for a new or increased RCL from a group home provider whose RCL is terminated pursuant to this subparagraph, for a period of no greater than two years from the effective date of the RCL termination.
(E)A group home provider may request a hearing of the departments RCL determination under subparagraph (A) no later than 30 days after the date the department issues its RCL determination. The departments RCL determination shall be final if the group home provider does not request a hearing within the prescribed time. Within 60 days of receipt of the request for hearing, the department shall conduct a hearing on the RCL determination. The standard of proof shall be the preponderance of the evidence and the burden of proof shall be on the department. The hearing officer shall issue the proposed decision within 45 days of the close of the evidentiary record. The director shall adopt, reject, or modify the proposed decision, or refer the matter back to the hearing officer for additional evidence or findings within 100 days of issuance of the proposed decision. If the director takes no action on the proposed decision within the prescribed time, the proposed decision shall take effect by operation of law.
(2)Group home programs that fail to maintain at least the level of care and services associated with the RCL upon which their rate was established shall inform the department. The department shall develop regulations specifying procedures to be applied when a group home fails to maintain the level of services projected, including, but not limited to, rate reduction and recovery of overpayments.
(3)The department shall not reduce the rate, establish an overpayment, or take other actions pursuant to paragraph (2) for any period that a group home program maintains the level of care and services associated with the RCL for children actually residing in the facility. Determinations of levels of care and services shall be made in the same way as modifications of overpayments are made pursuant to paragraph (2) of subdivision (b) of Section 11466.2.
(4)A group home program that substantially changes its staffing pattern from that reported in the group home program statement shall provide notification of this change to all counties that have placed children currently in care. This notification shall be provided whether or not the RCL for the program may change as a result of the change in staffing pattern.
(f)(1)The standardized schedule of rates for the 200203, 200304, 200405, 200506, 200607, and 200708 fiscal years is:
FY 200203, 200304, 200405, 200506, 200607, and 200708 | ||
Rate Classification Level | Point Ranges | Standard Rate |
1 | Under 60 | $1,454 |
2 | 6089 | 1,835 |
3 | 90119 | 2,210 |
4 | 120149 | 2,589 |
5 | 150179 | 2,966 |
6 | 180209 | 3,344 |
7 | 210239 | 3,723 |
8 | 240269 | 4,102 |
9 | 270299 | 4,479 |
10 | 300329 | 4,858 |
11 | 330359 | 5,234 |
12 | 360389 | 5,613 |
13 | 390419 | 5,994 |
14 | 420 & Up | 6,371 |
(2)(A)For group home programs that receive AFDC-FC payments for services performed during the 200203, 200304, 200405, 200506, 200607, 200708, 200809, and 200910 fiscal years, the adjusted RCL point ranges below shall be used for establishing the biennial rates for existing programs, pursuant to paragraph (3) of subdivision (a) and in performing program audits and in determining any resulting rate reduction, overpayment assessment, or other actions pursuant to paragraph (2) of subdivision (e):
Adjusted Point Ranges for the 200203, 200304, | |
Rate Classification Level | 200405, 200506, 200607, 200708, 200809, and 200910 Fiscal Years |
1 | Under 54 |
2 | 5481 |
3 | 82110 |
4 | 111138 |
5 | 139167 |
6 | 168195 |
7 | 196224 |
8 | 225253 |
9 | 254281 |
10 | 282310 |
11 | 311338 |
12 | 339367 |
13 | 368395 |
14 | 396 & Up |
(B)Notwithstanding subparagraph (A), foster care providers operating group homes during the 200203, 200304, 200405, 200506, 200607, 200708, 200809, and 200910 fiscal years shall remain responsible for ensuring the health and safety of the children placed in their programs in accordance with existing applicable provisions of the Health and Safety Code and community care licensing regulations, as contained in Title 22 of the California Code of Regulations.
(C)Subparagraph (A) shall not apply to program audits of group home programs with provisional rates established pursuant to paragraph (1) of subdivision (e). For those program audits, the RCL point ranges in paragraph (1) shall be used.
(D)Rates applicable for the 200910 fiscal year pursuant to the act that adds this subparagraph shall be effective October 1, 2009.
(3)(A)For group home programs that receive AFDC-FC payments for services performed during the 200910 fiscal year the adjusted RCL point ranges below shall be used for establishing the biennial rates for existing programs, pursuant to paragraph (3) of subdivision (a) and in performing program audits and in determining any resulting rate reduction, overpayment assessment, or other actions pursuant to paragraph (2) of subdivision (e):
Rate | Adjusted Point Ranges |
|---|---|
Classification | for the 200910 |
Level | Fiscal Years |
1 | Under 39 |
2 | 3964 |
3 | 6590 |
4 | 91115 |
5 | 116141 |
6 | 142167 |
7 | 168192 |
8 | 193218 |
9 | 219244 |
10 | 245270 |
11 | 271295 |
12 | 296321 |
13 | 322347 |
14 | 348 & Up |
(B)Notwithstanding subparagraph (A), foster care providers operating group homes during the 200910 fiscal year shall remain responsible for ensuring the health and safety of the children placed in their programs in accordance with existing applicable provisions of the Health and Safety Code and community care licensing regulations as contained in Title 22 of the California Code of Regulations.
(C)Subparagraph (A) shall not apply to program audits of group home programs with provisional rates established pursuant to paragraph (1) of subdivision (e). For those program audits, the RCL point ranges in paragraph (1) shall be used.
(g)(1)(A)For the 19992000 fiscal year, the standardized rate for each RCL shall be adjusted by an amount equal to the California Necessities Index computed pursuant to the methodology described in Section 11453. The resultant amounts shall constitute the new standardized schedule of rates, subject to further adjustment pursuant to subparagraph (B).
(B)In addition to the adjustment in subparagraph (A), commencing January 1, 2000, the standardized rate for each RCL shall be increased by 2.36 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new standardized schedule of rates.
(2)Beginning with the 200001 fiscal year, the standardized schedule of rates shall be adjusted annually by an amount equal to the CNI computed pursuant to Section 11453, subject to the availability of funds. The resultant amounts shall constitute the new standardized schedule of rates.
(3)Effective January 1, 2001, the amount included in the standard rate for each Rate Classification Level (RCL) for the salaries, wages, and benefits for staff providing child care and supervision or performing social work activities, or both, shall be increased by 10 percent. This additional funding shall be used by group home programs solely to supplement staffing, salaries, wages, and benefit levels of staff specified in this paragraph. The standard rate for each RCL shall be recomputed using this adjusted amount and the resultant rates shall constitute the new standardized schedule of rates. The department may require a group home receiving this additional funding to certify that the funding was utilized in accordance with the provisions of this section.
(4)Effective January 1, 2008, the amount included in the standard rate for each RCL for the wages for staff providing child care and supervision or performing social work activities, or both, shall be increased by 5 percent, and the amount included for the payroll taxes and other employer-paid benefits for these staff shall be increased from 20.325 percent to 24 percent. The standard rate for each RCL shall be recomputed using these adjusted amounts, and the resulting rates shall constitute the new standardized schedule of rates.
(5)The new standardized schedule of rates as provided for in paragraph (4) shall be reduced by 10 percent, effective October 1, 2009, and the resulting rates shall constitute the new standardized schedule of rates.
(6)The rates of licensed group home providers, whose rates are not established under the standardized schedule of rates, shall be reduced by 10 percent, effective October 1, 2009.
(h)The standardized schedule of rates pursuant to subdivisions (f) and (g) shall be implemented as follows:
(1)Any group home program that received an AFDC-FC rate in the prior fiscal year at or above the standard rate for the RCL in the current fiscal year shall continue to receive that rate.
(2)Any group home program that received an AFDC-FC rate in the prior fiscal year below the standard rate for the RCL in the current fiscal year shall receive the RCL rate for the current year.
(i)(1)The department shall not establish a rate for a new program of a new or existing provider, or for an existing program at a new location of an existing provider, unless the provider submits a letter of recommendation from the host county, the primary placing county, or a regional consortium of counties that includes all of the following:
(A)That the program is needed by that county.
(B)That the provider is capable of effectively and efficiently operating the program.
(C)That the provider is willing and able to accept AFDC-FC children for placement who are determined by the placing agency to need the level of care and services that will be provided by the program.
(D)That, if the letter of recommendation is not being issued by the host county, the primary placing county has notified the host county of its intention to issue the letter and the host county was given the opportunity of 30 days to respond to this notification and to discuss options with the primary placing county.
(2)The department shall encourage the establishment of consortia of county placing agencies on a regional basis for the purpose of making decisions and recommendations about the need for, and use of, group home programs and other foster care providers within the regions.
(3)The department shall annually conduct a county-by-county survey to determine the unmet placement needs of children placed pursuant to Section 300 and Section 601 or 602, and shall publish its findings by November 1 of each year.
(j)The department shall develop regulations specifying ratesetting procedures for program expansions, reductions, or modifications, including increases or decreases in licensed capacity, or increases or decreases in level of care or services.
(k)For the purpose of this subdivision, program change means any alteration to an existing group home program planned by a provider that will increase the RCL or AFDC-FC rate. An increase in the licensed capacity or other alteration to an existing group home program that does not increase the RCL or AFDC-FC rate shall not constitute a program change.
(l)General unrestricted or undesignated private charitable donations and contributions made to charitable or nonprofit organizations shall not be deducted from the cost of providing services pursuant to this section. The donations and contributions shall not be considered in any determination of maximum expenditures made by the department.
(m)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 62.SEC. 65.Section 11462 is added to the Welfare and Institutions Code, to read:11462.(a)The department shall commence development of a new payment structure for short-term residential treatment center program placements claiming Title IV-E funding, 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, either directly provided or secured with formal agreements with other agencies, that encompass community service and supports, physical, behavioral, and mental health support and access to services, including specialty mental health services, educational support, life and social support, transitional support services for children, youth, and families who assume permanency, and for children, youth, and families who step down into lower levels of foster care, services for transition-aged youth, services for nonminor dependents, and trauma-informed practices and supports for children and youth, including treatment services.
(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 all of the following:
(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 who assume permanency.
(C)Permanency related services, 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.
(D)Education and physical, behavioral, and mental health supports, including extracurricular activities and social supports.
(E)Activities designed to support transition-age youth and nonminor dependents in achieving a successful adulthood.
(F)When serving Indian children, as defined in Section 224.1, the core services described in paragraphs (A) to (E), inclusive, which shall be provided consistent with active efforts pursuant to Section 361.7.
(2)Specialized and intensive treatment supports that encompass the elements of nonmedical care and supervision necessary to meet youth safety and other needs that cannot be met in a family based setting.
(3)Staff training.
(4)Health and Safety Code requirements.
(5)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 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.
(6)Mental health certification, including a requirement to timely report to the department any change in mental health certificate status.
(7)Maximization of federal financial participation under Title IV-E and Title XIX of the Social Security Act.
(c)The department shall develop a system of governmental monitoring and oversight that shall be carried out in coordination with the State Department of Health Care Services. Oversight responsibilities shall include, but not be limited to, ensuring conformity with federal and state law, including program, fiscal, and health and safety audits and reviews.
(d)This section shall become operative on January 1, 2017.
SEC. 63.SEC. 66.Section 11462.001 is added to the Welfare and Institutions Code, immediately following Section 11462, to read:11462.001.(a)(1)Foster care providers licensed as group homes, as defined in departmental regulations, including public child care institutions, as defined in Section 11402.5, shall have rates established by classifying each group home program and applying the standardized schedule of rates. The department shall collect information from group providers in order to classify each group home program.
(2)Notwithstanding paragraph (1), foster care providers licensed as group homes shall have rates established only if the group home is organized and operated on a nonprofit basis as required under subdivision (h) of Section 11400. The department shall terminate the rate of any group home not organized and operated on a nonprofit basis as required under subdivision (h) of Section 11400.
(3)(A)The department shall determine, consistent with the requirements of this chapter and other relevant requirements under law, the rate classification level (RCL) for each group home program on a biennial basis. Submission of the biennial rate application shall be made according to a schedule determined by the department.
(B)The department shall adopt regulations to implement this paragraph. The adoption, amendment, repeal, or readoption of a regulation authorized by this paragraph is deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement to describe specific facts showing the need for immediate action.
(b)A group home program shall be initially classified, for purposes of emergency regulations, according to the level of care and services to be provided using a point system developed by the department and described in the report, The Classification of Group Home Programs under the Standardized Schedule of Rates System, prepared by the State Department of Social Services, August 30, 1989.
(c)The rate for each RCL has been determined by the department with data from the AFDC-FC Group Home Rate Classification Pilot Study.
(d)As used in this section, standardized schedule of rates means a listing of the 14 rate classification levels, and the single rate established for each RCL.
(e)Except as specified in paragraph (1), the department shall determine the RCL for each group home program on a prospective basis, according to the level of care and services that the group home operator projects will be provided during the period of time for which the rate is being established.
(1)(A)(i)For new and existing providers requesting the establishment of an RCL, and for existing group home programs requesting an RCL increase, the department shall determine the RCL no later than 13 months after the effective date of the provisional rate. The determination of the RCL shall be based on a program audit of documentation and other information that verifies the level of care and supervision provided by the group home program during a period of the two full calendar months or 60 consecutive days, whichever is longer, preceding the date of the program audit, unless the group home program requests a lower RCL. The program audit shall not cover the first six months of operation under the provisional rate.
(ii)For audit purposes, if the group home program serves a mixture of AFDC-FC eligible and ineligible children, the weighted hours for child care and social work services provided and the capacity of the group home shall be adjusted by the ratio of AFDC-FC eligible children to all children in placement.
(iii)Pending the departments issuance of the program audit report that determines the RCL for the group home program, the group home program shall be eligible to receive a provisional rate that shall be based on the level of care and service that the group home program proposes it will provide. The group home program shall be eligible to receive only the RCL determined by the department during the pendency of any appeal of the departments RCL determination.
(B)A group home program may apply for an increase in its RCL no earlier than two years from the date the department has determined the group home programs rate, unless the host county, the primary placing county, or a regional consortium of counties submits to the department in writing that the program is needed in that county, that the provider is capable of effectively and efficiently operating the proposed program, and that the provider is willing and able to accept AFDC-FC children for placement who are determined by the placing agency to need the level of care and services that will be provided by the program.
(C)To ensure efficient administration of the departments audit responsibilities, and to avoid the fraudulent creation of records, group home programs shall make records that are relevant to the RCL determination available to the department in a timely manner. Except as provided in this section, the department may refuse to consider, for purposes of determining the rate, any documents that are relevant to the determination of the RCL that are not made available by the group home provider by the date the group home provider requests a hearing on the departments RCL determination. The department may refuse to consider, for purposes of determining the rate, the following records, unless the group home provider makes the records available to the department during the fieldwork portion of the departments program audit:
(i)Records of each employees full name, home address, occupation, and social security number.
(ii)Time records showing when the employee begins and ends each work period, meal periods, split shift intervals, and total daily hours worked.
(iii)Total wages paid each payroll period.
(iv)Records required to be maintained by licensed group home providers under Title 22 of the California Code of Regulations that are relevant to the RCL determination.
(D)To minimize financial abuse in the startup of group home programs, when the departments RCL determination is more than three levels lower than the RCL level proposed by the group home provider, and the group home provider does not appeal the departments RCL determination, the department shall terminate the rate of a group home program 45 days after issuance of its program audit report. When the group home provider requests a hearing on the departments RCL determination, and the RCL determined by the director under subparagraph (E) is more than three levels lower than the RCL level proposed by the group home provider, the department shall terminate the rate of a group home program within 30 days of issuance of the directors decision. Notwithstanding the reapplication provisions in subparagraph (B), the department shall deny any request for a new or increased RCL from a group home provider whose RCL is terminated pursuant to this subparagraph, for a period of no greater than two years from the effective date of the RCL termination.
(E)A group home provider may request a hearing of the departments RCL determination under subparagraph (A) no later than 30 days after the date the department issues its RCL determination. The departments RCL determination shall be final if the group home provider does not request a hearing within the prescribed time. Within 60 days of receipt of the request for hearing, the department shall conduct a hearing on the RCL determination. The standard of proof shall be the preponderance of the evidence and the burden of proof shall be on the department. The hearing officer shall issue the proposed decision within 45 days of the close of the evidentiary record. The director shall adopt, reject, or modify the proposed decision, or refer the matter back to the hearing officer for additional evidence or findings within 100 days of issuance of the proposed decision. If the director takes no action on the proposed decision within the prescribed time, the proposed decision shall take effect by operation of law.
(2)Group home programs that fail to maintain at least the level of care and services associated with the RCL upon which their rate was established shall inform the department. The department shall develop regulations specifying procedures to be applied when a group home fails to maintain the level of services projected, including, but not limited to, rate reduction and recovery of overpayments.
(3)The department shall not reduce the rate, establish an overpayment, or take other actions pursuant to paragraph (2) for any period that a group home program maintains the level of care and services associated with the RCL for children actually residing in the facility. Determinations of levels of care and services shall be made in the same way as modifications of overpayments are made pursuant to paragraph (2) of subdivision (b) of Section 11466.2.
(4)A group home program that substantially changes its staffing pattern from that reported in the group home program statement shall provide notification of this change to all counties that have placed children currently in care. This notification shall be provided whether or not the RCL for the program may change as a result of the change in staffing pattern.
(f)The standardized schedule of rates pursuant to subdivisions (f) and (g) of Section 11462, as that section read on January 1, 2015, shall be implemented as follows:
(1)Any group home program that received an AFDC-FC rate in the prior fiscal year at or above the standard rate for the RCL in the current fiscal year shall continue to receive that rate.
(2)Any group home program that received an AFDC-FC rate in the prior fiscal year below the standard rate for the RCL in the current fiscal year shall receive the RCL rate for the current year.
(g)(1)The department shall not establish a rate for a new program of a new or existing provider, or for an existing program at a new location of an existing provider, unless the provider submits a letter of recommendation from the host county, the primary placing county, or a regional consortium of counties that includes all of the following:
(A)That the program is needed by that county.
(B)That the provider is capable of effectively and efficiently operating the program.
(C)That the provider is willing and able to accept AFDC-FC children for placement who are determined by the placing agency to need the level of care and services that will be provided by the program.
(D)That, if the letter of recommendation is not being issued by the host county, the primary placing county has notified the host county of its intention to issue the letter and the host county was given the opportunity of 30 days to respond to this notification and to discuss options with the primary placing county.
(2)The department shall encourage the establishment of consortia of county placing agencies on a regional basis for the purpose of making decisions and recommendations about the need for, and use of, group home programs and other foster care providers within the regions.
(3)The department shall annually conduct a county-by-county survey to determine the unmet placement needs of children placed pursuant to Section 300 and Section 601 or 602, and shall publish its findings by November 1 of each year.
(h)The department shall develop regulations specifying ratesetting procedures for program expansions, reductions, or modifications, including increases or decreases in licensed capacity, or increases or decreases in level of care or services.
(i)For the purpose of this subdivision, program change means any alteration to an existing group home program planned by a provider that will increase the RCL or AFDC-FC rate. An increase in the licensed capacity or other alteration to an existing group home program that does not increase the RCL or AFDC-FC rate shall not constitute a program change.
(j)General unrestricted or undesignated private charitable donations and contributions made to charitable or nonprofit organizations shall not be deducted from the cost of providing services pursuant to this section. The donations and contributions shall not be considered in any determination of maximum expenditures made by the department.
(k)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.
(l)This section shall become operative on January 1, 2017.
(m)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 64.SEC. 67.Section 11462.01 of the Welfare and Institutions Code is amended to read:11462.01.(a)Commencing July 1, 1994, a group home program shall be classified at RCL 13 or RCL 14 if the program meets all of the following requirements:
(1)The group home program is providing, or has proposed to provide, the level of care and services necessary to generate sufficient points in the ratesetting process to be classified at RCL 13 if the rate application is for RCL 13 or to be classified at RCL 14 if the rate application is for RCL 14.
(2)(A)(i)The group home provider shall agree not to accept for placement into a group home program AFDC-FC funded children, including voluntary placements and those who have an emotional disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations, seriously emotionally disturbed children placed out-of-home pursuant to an individualized education program developed under Article 2 (commencing with Section 56320) of Chapter 4 of Part 3 of the Education Code, who have not been approved for placement by an interagency placement committee, as described by Section 4096. The approval shall be in writing and shall indicate that the interagency placement committee has determined that the child has an emotional disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations is seriously emotionally disturbed and subject to Section 1502.4 of the Health and Safety Code, and that the child needs the level of care provided by the group home.
(ii)For purposes of clause (i), group home providers who accept children who are assessed as having an emotional disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations and seriously emotionally disturbed children who are placed out-of-home pursuant to an individualized education program developed under Section 7572.5 of the Government Code shall be deemed to have met the interagency placement committee approval for placement requirements of clause (i) if the individualized education program assessment indicates that the child has been determined to have an emotional disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations be seriously emotionally disturbed, as described in Section 5600.3 and subject to Section 1502.4 of the Health and Safety Code, and needs the level of care described in clause (i).
(B)(i)Nothing in this subdivision shall prevent the emergency placement of a child into a group home program prior to the determination by the interagency placement committee pursuant to clause (i) of subparagraph (A) if a licensed mental health professional, as defined in the departments AFDC-FC ratesetting regulations, has evaluated, in writing, the child within 72 hours of placement, and determined the child to have an emotional disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations be seriously emotionally disturbed, as described in Section 5600.3, and in need of the care and services provided by the group home program.
(ii)The interagency placement committee shall, within 30 days of placement pursuant to clause (i), make the determination required by clause (i) of subparagraph (A).
(iii)If, pursuant to clause (ii), the placement is determined to be appropriate, the committee shall transmit the approval, in writing, to the county placing agency and the group home provider.
(iv)If, pursuant to clause (ii) the placement is determined not to be appropriate, the child shall be removed from the group home and referred to a more appropriate placement, as specified in subdivision (f).
(C)Commencing December 15, 1992, with respect to AFDC-FC funded children, only those children who are approved for placement by an interagency placement committee may be accepted by a group home under this subdivision.
(3)The group home program is certified by the State Department of Health Care Services pursuant to Section 4096.5.
(b)The department shall not establish a rate for a group home requesting a program change to RCL 13 or RCL 14 unless the group home provider submits a recommendation from the host county or the primary placing county that the program is needed and that the provider is willing and capable of operating the program at the level sought. For purposes of this subdivision, host county, primary placing county, and program change mean the same as defined in the departments AFDC-FC ratesetting regulations.
(c)The effective date of rates set at RCL 13 or RCL 14 shall be the date that all the requirements are met, but not prior to July 1 of that fiscal year. Nothing in this section shall affect RCL 13 or RCL 14 ratesetting determinations in prior years.
(d)Any group home program that has been classified at RCL 13 or RCL 14 pursuant to the requirements of subdivision (a) shall be reclassified at the appropriate lower RCL with a commensurate reduction in rate if either of the following occurs:
(1)The group home program fails to maintain the level of care and services necessary to generate the necessary number of points for RCL 13 or RCL 14, as required by paragraph (1) of subdivision (a). The determination of points shall be made consistent with the departments AFDC-FC ratesetting regulations for other rate classification levels.
(2)The group home program fails to maintain a certified mental health treatment program as required by paragraph (3) of subdivision (a).
(3)In the event of a determination under paragraph (1), the group home may appeal the finding or submit a corrective action plan. The appeal process specified in Section 11466.6 shall be available to RCL 13 and RCL 14 group home providers. During any appeal, the group home shall maintain the appropriate level of care.
(e)The interagency placement committee shall periodically review, but no less often than that required by current law, the placement of the child. If the committee determines that the child no longer needs, or is not benefiting from, placement in a RCL 13 or RCL 14 group home, the committee shall require the removal of the child and a new disposition.
(f)(1)(A)If, at any time subsequent to placement in an RCL 13 or RCL 14 group home program, the interagency placement committee determines either that the child is not assessed as having an emotional disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations seriously emotionally disturbed, as described in Section 5600.3, or is not in need of the care and services provided by the group home program, it shall notify, in writing, both the county placing agency and the group home provider within 10 days of the determination.
(B)The county placing agency shall notify the group home provider, in writing, within five days from the date of the notice from the committee, of the countys plan for removal of the child.
(C)The county placing agency shall remove the child from the group home program within 30 days from the date of the notice from the interagency placement committee.
(2)(A)If a county placing agency does not remove a child within 30 days from the date of the notice from the interagency placement committee, the group home provider shall notify the interagency placement committee and the department, in writing, of the countys failure to remove the child from the group home program.
(B)The group home provider shall make the notification required by subparagraph (A) within five days of the expiration of the 30-day removal period. If notification is made, a group home provider shall not be subject to an overpayment determination due to failure of the county placing agency to remove the child.
(3)Any county placing agency that fails to remove a child from a group home program under this paragraph within 30 days from the date of the notice from the interagency placement committee shall be assessed a penalty in the amount of the state and federal financial participation in the AFDC-FC rate paid on behalf of the child commencing on the 31st day and continuing until the child is removed.
(g)(1)If any RCL 13 or RCL 14 group home provider discovers that it does not have written approval for placement of any AFDC-FC funded child placed on or after December 15, 1992, from the interagency placement committee, it shall notify the county placing agency, in writing, and shall request the county to obtain approval from the interagency placement committee or remove the child from the group home program. A group home provider shall have 30 days from the childs first day of placement to discover the placement error and to notify the county placing agency.
(2)Any county placing agency that receives notification pursuant to paragraph (2) of subdivision (f) shall obtain approval for placement from the interagency placement committee or remove the child from the group home program within 30 days from the date of the notice from the group home provider. The program shall not be reclassified to a lower RCL for a violation of the provisions referred to in this paragraph.
(3)(A)If a county placing agency does not have the placement of a child approved by the interagency placement committee or removed from the group home within 30 days from the date of the notice from the group home provider, the group home provider shall notify the county placing agency and the department, in writing, of the countys failure to have the placement of the child approved or remove the child from the group home program.
(B)The group home provider shall make the notification required by subparagraph (A) within five days after the expiration of the 30-day approval or removal period. If notification is made, a group home provider shall not be subject to an overpayment determination due to failure of the county placing agency to remove the child.
(C)Any group home provider that fails to notify the county placing agency pursuant to subparagraph (A) shall be assessed a penalty in the amount of the AFDC-FC rate paid to the group home provider on behalf of the child commencing on the 31st day of placement and continuing until the county placing agency is notified.
(4)Any county placing agency that fails to have the placement of a child approved or to have the child removed from the group home program within 30 days shall be assessed a penalty in the amount of the state and federal financial participation in the AFDC-FC rate paid on behalf of the child commencing on the 31st day of placement and continuing until the child is removed.
(h)The department shall develop regulations to obtain payment of assessed penalties as provided in this section. For audit purposes and the application of penalties for RCL 13 and RCL 14 programs, the department shall apply statutory provisions that were in effect during the period for which the audit was conducted.
(i)(1)Nothing in this subparagraph shall prohibit a group home classified at RCL 13 or RCL 14 for purposes of the AFDC-FC program, from accepting private placements of children.
(2)When a referral is not from a public agency and no public funding is involved, there shall be no requirement for public agency review or determination of need.
(3)Children subject to paragraphs (1) and (2) shall have been assessed as having an emotional disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations seriously emotionally disturbed, as described in Section 5600.3, and subject to Section 1502.4 of the Health and Safety Code, by a licensed mental health professional, as defined in subdivision (g) of Section 4096.
(j)A child shall not be placed in a group home program classified at an RCL 13 or RCL 14 if the placement is paid for with county-only funds unless the child is assessed as having an emotional disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations, seriously emotionally disturbed, as described in Section 5600.3, subject to Section 1502.4 of the Health and Safety Code, by a licensed mental health professional, as defined in subdivision (g) of Section 4096.
(k)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 65.SEC. 68.Section 11462.01 is added to the Welfare and Institutions Code, to read:11462.01.(a)All short-term residential treatment centers, and foster family agencies that provide treatment services, shall maintain in good standing the appropriate mental health certification issued by the State Department of Health Care Services or a county to which the department has delegated certification authority pursuant to Section 4096.5, and additionally shall maintain the level of care and services necessary to meet the needs of the children and youth in care.
(b)The short-term residential treatment center, as defined in paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code, may accept for placement a child who meets all of the following criteria:
(1)A child who does not require inpatient care in a licensed health facility.
(2)A child who has been assessed as requiring the level of services provided in order to maintain the safety of the child or others due to behaviors that render the child or those around the child unsafe, or that prevent the effective delivery of needed services and supports provided in the childs own home or in other family settings, such as with a relative, guardian, foster family, resource family, or adoptive family, and who meets at least one of the following conditions:
(A)A child who has been 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)A child assessed as having an emotional disturbance pursuant to Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations. seriously emotionally disturbed, as described in Section 5600.3.
(C)A child who has been assessed as requiring the level of services provided in order to meet his or her behavioral or therapeutic needs. In appropriate circumstances, this may include the following children:
(i)A commercially or sexually exploited child.
(ii)A private voluntary placement, if the youth exhibits status offender behavior and if the parents or other relative feel they cannot control the childs behavior and short-term intervention is needed to transition the child back into the home.
(iii)A juvenile sex offender.
(iv)A child who is affiliated with or impacted by a gang.
(c)The licensed foster family agency, as defined in paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code, which provides treatment services, may accept for placement children who do not require inpatient care in a licensed health facility and who meet at least one of the following conditions:
(1)A child who has been 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.
(2)A child assessed as having an emotional disturbance pursuant to Section 300.8 (c)(4)(i) of Title 34 of the Code of Federal Regulations. seriously emotionally disturbed, as described in Section 5600.3.
(3)A child who has been assessed as requiring the level of services to meet his or her behavioral or therapeutic needs.
(d)The assessments described in subparagraphs (A) and (B) of paragraph (2) of subdivision (b) and paragraphs (1) and (2) of subdivision (c), shall be made by all of the following, as applicable:
(1)An interagency placement committee, as described in Section 4096.
(2)A licensed mental health professional as defined in subdivision (g) of Section 4096.
(3)For the purposes of this section, an AFDC-FC funded child with an individualized education program developed pursuant to Article 2 (commencing with Section 56320) of Chapter 4 of Part 30 of the Education Code that assesses the child as having an emotional disturbance seriously emotionally disturbed, as defined in, and subject to, this section and recommends out-of-home placement at the level of care provided by the provider, shall be deemed to have met the interagency placement committee approval for placement requirements.
(e)The assessments described in subparagraph (C) of paragraph (2) of subdivision (b) and paragraph (3) of subdivision (c) shall be made pursuant to subdivision (b) of Section 706.6 or paragraph (2) of subdivision (c) of Section 16501.1.
(f)(1)The provider shall ensure that AFDC-FC funded children accepted for placement have been approved for placement by an interagency placement committee, as defined in paragraph (4) of subdivision (a) of Section 16501.
(2)The approval shall be in writing and shall indicate that the interagency placement committee has determined that the child has an emotional disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations is seriously emotionally disturbed, as described in Section 5600.3, and subject to Section 1502.4 of the Health and Safety Code, and that the child needs the level of care provided by the provider.
(3)(A)Nothing in subdivisions (b) to (e), inclusive, or this subdivision shall prevent an emergency placement of a child or youth into a short-term residential treatment center or foster family agency that provides treatment services prior to the determination by the interagency placement committee, but only if a licensed mental health professional, as defined in subdivision (g) of Section 4096, has made a written determination within 72 hours of the childs or youths placement, that the child or youth is seriously emotionally disturbed and is in need of the care and services provided by the short-term residential treatment center or foster family agency that provides treatment services.
(g)(1)The interagency placement committee, as appropriate, shall, within 30 days of placement, make the determinations, with recommendations from the child and family team, required by this subdivision.
(2)If it determines the placement is appropriate, the interagency placement committee, with recommendations from the child and family team, shall transmit the approval, in writing, to the county placing agency and the short-term residential treatment center or foster family agency that provides treatment services.
(3)If it determines the placement is not appropriate, interagency placement committee, with recommendations from the child and family team, shall transmit the disapproval, in writing, to the county placing agency and the short-term residential treatment center or foster family agency that provides treatment services, and the child or youth shall be referred to an appropriate placement, as specified in this section.
(h)Commencing January 1, 2017, for AFDC-FC funded children or youth, only those children or youth who are approved for placement by the interagency placement committee, with recommendations from the child and family team, may be accepted by a short-term residential treatment center or foster family agency that provides treatment services.
(i)(1)The department shall, through regulation, establish consequences for the failure of a short-term residential treatment center, or a foster family agency that provides treatment services, to obtain written approval for placement of an AFDC-FC funded child or youth from the interagency placement committee, in consultation with the County Welfare Directors Association of California, Chief Probation Officers of California, County Behavioral Health Directors Association of California, and stakeholders.
(2)The short-term residential treatment center, or foster family agency that provides treatment services, shall be certified by the State Department of Health Care Services or a county to which the department has delegated certification authority pursuant to Section 4096.5.
(j)The department shall not establish a rate for a short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment unless the provider submits a recommendation from the host county or the primary placing county that the program is needed and that the provider is willing and capable of operating the program at the level sought. For purposes of this subdivision, host county, and primary placing county, mean the same as defined in the departments AFDC-FC ratesetting regulations.
(k)The effective date of rates set for a short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment shall be the date that all the requirements are met.
(l)Any short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment pursuant to subdivision (a) shall be reclassified and paid at the appropriate program rate for which it is qualified if either of the following occurs:
(1)(A)It fails to maintain the level of care and services necessary to meet the needs of the children and youth in care, as required by subdivision (a). The determination shall be made consistent with the departments AFDC-FC ratesetting regulations developed pursuant to Sections 11462 and 11463 and shall take into consideration the highest level of care and associated rates for which the program is eligible.
(B)In the event of a determination under this paragraph, the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment may appeal the finding or submit a corrective action plan. The appeal process specified in Section 11466.6 shall be available to a short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment. During any appeal, the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment shall maintain the appropriate level of care.
(2)It fails to maintain a certified mental health treatment program as required by subdivision (a).
(m)In addition to any other review required by law, the child and family team as defined in paragraph (4) of subdivision (a) of Section 16501 shall periodically review the placement of the child or youth. If the child and family team make a recommendation that the child or youth no longer needs, or is not benefiting from, placement in a short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment, the team shall transmit the disapproval, in writing, to the county placing agency and the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment, and the child or youth shall be referred to an appropriate placement.
(n)The department shall develop a process to address placements when, subsequent to the childs or youths placement, a determination is made by the interagency placement team and shall consider the recommendations of the child and family team, either that the child or youth is not in need of the care and services provided by the certified program. The process shall include, but not be limited to:
(1)Notice of the determination in writing to both the county placing agency and the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment.
(2)Notice of the countys plan, and a time frame, for removal of the child or youth in writing to the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment.
(3)Referral to an appropriate placement.
(4)Actions to be taken if a child or youth is not timely removed from the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment or placed in an appropriate placement.
(o)(1)Nothing in this section shall prohibit a short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment for purposes of the AFDC-FC program, from accepting private placements of children or youth.
(2)When a referral is not from a public agency and no public funding is involved, there is no requirement for public agency review nor determination of need.
(3)Children and youth subject to paragraphs (1) and (2) shall have been determined to have an emotional disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations be seriously emotionally disturbed, as described in Section 5600.3, and subject to Section 1502.4 of the Health and Safety Code, by a licensed mental health professional, as defined in subdivision (g) of Section 4096.
(p)This section shall become operative on January 1, 2017.
SEC. 66.SEC. 69.Section 11462.015 is added to the Welfare and Institutions Code, to read:11462.015.(a)A group home program shall be classified at RCL 13 or RCL 14 if the program meets all of the following requirements:
(1)The group home program is providing, or has proposed to provide, the level of care and services necessary to generate sufficient points in the ratesetting process to be classified at RCL 13 if the rate application is for RCL 13 or to be classified at RCL 14 if the rate application is for RCL 14.
(2)(A)(i)The group home provider shall agree not to accept for placement into a group home program AFDC-FC funded children, including voluntary placements and children who have been assessed as having an emotional disturbance as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations seriously emotionally disturbed, as described in Section 5600.3, 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 the Education Code, who have not been approved for placement by an interagency placement committee, as described by Section 4096.1. The approval shall be in writing and shall indicate that the interagency placement committee has determined that the child has an emotional disturbance as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations, is seriously emotionally disturbed, as described in Section 5600.3, and subject to Section 1502.45 of the Health and Safety Code, and that the child needs the level of care provided by the group home.
(ii)For purposes of clause (i), group home providers who accept children who have been assessed as having emotional disturbances as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations seriously emotionally disturbed, as described in Section 5600.3, who are assessed and 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 the Education Code shall be deemed to have met the interagency placement committee approval for placement requirements of clause (i) if the individualized education program assessment indicates that the child has been determined to have an emotional disturbance, as defined in Section 300.8 (c)(4)(i) of Title 34 of the Code of Federal Regulations be seriously emotionally disturbed, as described in Section 5600.3, and subject to Section 1502.45 of the Health and Safety Code, and needs the level of care described in clause (i).
(B)(i)Nothing in this subdivision shall prevent the emergency placement of a child into a group home program prior to the determination by the interagency placement committee pursuant to clause (i) of subparagraph (A) if a licensed mental health professional, as defined in the departments AFDC-FC ratesetting regulations, has evaluated, in writing, the child within 72 hours of placement, and has determined the child to have an emotional disturbance as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations be seriously emotionally disturbed, as described in Section 5600.3, and in need of the care and services provided by the group home program.
(ii)The interagency placement committee shall, within 30 days of placement pursuant to clause (i), make the determination required by clause (i) of subparagraph (A).
(iii)If, pursuant to clause (ii), the placement is determined to be appropriate, the committee shall transmit the approval, in writing, to the county placing agency and the group home provider.
(iv)If, pursuant to clause (ii) the placement is determined not to be appropriate, the child shall be removed from the group home and referred to a more appropriate placement, as specified in subdivision (f).
(C)With respect to AFDC-FC funded children, only those children who are approved for placement by an interagency placement committee may be accepted by a group home under this subdivision.
(3)The group home program is certified by the State Department of Health Care Services pursuant to Section 4096.5.
(b)The department shall not establish a rate for a group home requesting a program change to RCL 13 or RCL 14 unless the group home provider submits a recommendation from the host county or the primary placing county that the program is needed and that the provider is willing and capable of operating the program at the level sought. For purposes of this subdivision, host county, primary placing county, and program change mean the same as defined in the departments AFDC-FC ratesetting regulations.
(c)The effective date of rates set at RCL 13 or RCL 14 shall be the date that all the requirements are met, but not prior to July 1 of that fiscal year. Nothing in this section shall affect RCL 13 or RCL 14 ratesetting determinations in prior years.
(d)Any group home program that has been classified at RCL 13 or RCL 14 pursuant to the requirements of subdivision (a) shall be reclassified at the appropriate lower RCL with a commensurate reduction in rate if either of the following occurs:
(1)The group home program fails to maintain the level of care and services necessary to generate the necessary number of points for RCL 13 or RCL 14, as required by paragraph (1) of subdivision (a). The determination of points shall be made consistent with the departments AFDC-FC ratesetting regulations for other rate classification levels.
(2)The group home program fails to maintain a certified mental health treatment program as required by paragraph (3) of subdivision (a).
(3)In the event of a determination under paragraph (1), the group home may appeal the finding or submit a corrective action plan. The appeal process specified in Section 11466.6 shall be available to RCL 13 and RCL 14 group home providers. During any appeal, the group home shall maintain the appropriate level of care.
(e)The interagency placement committee shall periodically review, but no less often than that required by current law, the placement of the child. If the committee determines that the child no longer needs, or is not benefiting from, placement in a RCL 13 or RCL 14 group home, the committee shall require the removal of the child and a new disposition.
(f)(1)(A)If, at any time subsequent to placement in an RCL 13 or RCL 14 group home program, the interagency placement committee determines either that the child is not seriously emotionally disturbed or is not in need of the care and services provided by the group home program, it shall notify, in writing, both the county placing agency and the group home provider within 10 days of the determination.
(B)The county placing agency shall notify the group home provider, in writing, within five days from the date of the notice from the committee, of the countys plan for removal of the child.
(C)The county placing agency shall remove the child from the group home program within 30 days from the date of the notice from the interagency placement committee.
(2)(A)If a county placing agency does not remove a child within 30 days from the date of the notice from the interagency placement committee, the group home provider shall notify the interagency placement committee and the department, in writing, of the countys failure to remove the child from the group home program.
(B)The group home provider shall make the notification required by subparagraph (A) within five days of the expiration of the 30-day removal period. If notification is made, a group home provider shall not be subject to an overpayment determination due to failure of the county placing agency to remove the child.
(3)Any county placing agency that fails to remove a child from a group home program under this paragraph within 30 days from the date of the notice from the interagency placement committee shall be assessed a penalty in the amount of the state and federal financial participation in the AFDC-FC rate paid on behalf of the child commencing on the 31st day and continuing until the child is removed.
(g)(1)If any RCL 13 or RCL 14 group home provider discovers that it does not have written approval for placement of any AFDC-FC funded child from the interagency placement committee, it shall notify the county placing agency, in writing, and shall request the county to obtain approval from the interagency placement committee or remove the child from the group home program. A group home provider shall have 30 days from the childs first day of placement to discover the placement error and to notify the county placing agency.
(2)Any county placing agency that receives notification pursuant to paragraph (2) of subdivision (f) shall obtain approval for placement from the interagency placement committee or remove the child from the group home program within 30 days from the date of the notice from the group home provider. The program shall not be reclassified to a lower RCL for a violation of the provisions referred to in this paragraph.
(3)(A)If a county placing agency does not have the placement of a child approved by the interagency placement committee or removed from the group home within 30 days from the date of the notice from the group home provider, the group home provider shall notify the county placing agency and the department, in writing, of the countys failure to have the placement of the child approved or remove the child from the group home program.
(B)The group home provider shall make the notification required by subparagraph (A) within five days after the expiration of the 30-day approval or removal period. If notification is made, a group home provider shall not be subject to an overpayment determination due to failure of the county placing agency to remove the child.
(C)Any group home provider that fails to notify the county placing agency pursuant to subparagraph (A) shall be assessed a penalty in the amount of the AFDC-FC rate paid to the group home provider on behalf of the child commencing on the 31st day of placement and continuing until the county placing agency is notified.
(4)Any county placing agency that fails to have the placement of a child approved or to have the child removed from the group home program within 30 days shall be assessed a penalty in the amount of the state and federal financial participation in the AFDC-FC rate paid on behalf of the child commencing on the 31st day of placement and continuing until the child is removed.
(h)The department shall develop regulations to obtain payment of assessed penalties as provided in this section. For audit purposes and the application of penalties for RCL 13 and RCL 14 programs, the department shall apply statutory provisions that were in effect during the period for which the audit was conducted.
(i)(1)Nothing in this subdivision shall prohibit a group home classified at RCL 13 or RCL 14 for purposes of the AFDC-FC program, from accepting private placements of children.
(2)When a referral is not from a public agency and no public funding is involved, there shall be no requirement for public agency review or determination of need.
(3)Children subject to paragraphs (1) and (2) shall have been assessed as having an emotional disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations seriously emotionally disturbed, as described in Section 5600.3, and subject to Section 1502.45 of the Health and Safety Code, by a licensed mental health professional, as defined in subdivision (g) of Section 4096.
(j)A child shall not be placed in a group home program classified at an RCL 13 or RCL 14 if the placement is paid for with county-only funds unless the child is assessed as having an emotional disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations, seriously emotionally disturbed, as described in Section 5600.3, subject to Section 1502.45 of the Health and Safety Code, by a licensed mental health professional, as defined in subdivision (g) of Section 4096.
(k)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.
(l)This section shall become operative on January 1, 2017.
(m)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 67.SEC. 70.Section 11462.02 of the Welfare and Institutions Code is amended to read:11462.02.(a)Notwithstanding paragraph (2) of subdivision (a) of Section 11462, a foster care provider licensed as a group home also may have a rate established if the group home is operated by the County of San Mateo, as provided by subdivision (h) of Section 11400.
(b)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 68.SEC. 71.Section 11462.02 is added to the Welfare and Institutions Code, to read:11462.02.(a)Any existing county-operated foster family agency or group home, including the group home operated by the County of San Mateo, shall, commencing January 1, 2017, be classified as, and shall meet all of the requirements of, a foster family agency or a short-term residential treatment center, as set forth respectively in subdivisions (e) and (f) of Section 11402, to be eligible to receive AFDC-FC funds.
(b)Notwithstanding any other law, the State Department of Social Services may license a county as a foster family agency or as a short-term residential treatment center.
(c)If a county exercises its option to operate a foster family agency or a short-term residential treatment center, the county shall submit an application and shall comply with the requirements of Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code related to foster family agency programs or a short-term residential treatment center, as applicable.
(d)A county that requests, and is granted, a license for a foster family agency or short-term residential treatment center shall apply for an AFDC-FC rate pursuant to Section 11462 or 11463, as applicable.
(e)As a condition for eligibility for an AFDC-FC rate for a short-term residential treatment center or a foster family agency, the county shall comply with all applicable law concerning a short-term residential treatment center or foster family agency, including, but not limited to, the following provisions related to licensing, rate, audit, due process, enforcement, and overpayment collection:
(1)Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code.
(2)Article 10 (commencing with Section 360) of Chapter 2 of Part 1 of Division 2 of this code.
(3)Article 18 (commencing with Section 725) of Chapter 2 of Part 1 of Division 2 of this code.
(4)Article 22 (commencing with Section 825) of Chapter 2 of Part 1 of Division 2 of this code.
(5)Article 5 (commencing with Section 11400) of Chapter 2 of Part 3 of Division 9 of this code.
(6)Article 6 (commencing with Section 11450) of Chapter 2 of Part 3 of Division 9 of this code.
(f)The state is not obligated under Section 36 of Article XIII of the California Constitution to provide any annual funding to a county to comply with this section; with any regulation, executive order, or administrative order implementing this section; or with any federal statute or regulation related to this section, because the countys operation of a licensed short-term residential treatment center or foster family agency is optional for the county and is not required by this section.
(g)Counties licensed to operate a foster family agency or short-term residential treatment center shall, as a condition to receiving payment, ensure that its conflict of interest conflict-of-interest mitigation plan, submitted to the department pursuant to subdivision (b) of Section 1506.1 and subdivision (c) of Section 1562.01 of the Health and Safety Code, addresses, but is not limited to, the following:
(1)A decision to place children and youth in a county-operated facility when alternative appropriate placement options exist.
(2)The reporting by county staff to the department or other agencies of observed noncompliant conditions or health and safety concerns in county-operated foster family agencies or short-term residential treatment centers.
(3)The cross-reporting of reports received from mandatory child abuse and neglect reporters involving county-operated foster family agencies and short-term residential treatment center programs.
(4)Disclosures of fatalities and near fatalities of children placed in county-operated foster family agencies and short-term residential treatment centers.
(h)This section shall become operative on January 1, 2017.
SEC. 69.SEC. 72.Section 11462.021 is added to the Welfare and Institutions Code, to read:11462.021.(a)Notwithstanding paragraph (2) of subdivision (a) of Section 11462, a foster care provider licensed as a group home also may have a rate established if the group home is operated by the County of San Mateo, as provided by subdivision (h) of Section 11400.
(b)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.
(c)This section shall become operative on January 1, 2017.
(d)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 70.SEC. 73.Section 11462.022 is added to the Welfare and Institutions Code, to read:11462.022.(a)Upon meeting the licensure requirements pursuant to Section 1530.8 of the Health and Safety Code, a county child welfare agency operating a temporary shelter care facility, as defined in Section 1530.8 of the Health and Safety Code, shall comply with this section.
(b)Prior to detaining the child in the temporary shelter care facility, the child welfare agency shall make reasonable efforts, consistent with current law, to place the child with a relative, tribal member, nonrelative extended family member, or in a licensed, certified, approved or tribally approved foster family home or approved resource family. When the child welfare agency has reason to believe that the child is or may be an Indian child, the agency shall make active efforts to comply with the federal Indian Child Welfare Act placement preferences, as required by subdivision (k) of Section 361.31.
(c)A child may be detained or placed in a temporary shelter care facility only for the duration necessary to enable the county placing agency to perform the required assessments and to appropriately place the child.
(d)Upon admission, the temporary shelter care facility shall provide each child with health, mental health, and developmental screenings, as applicable. Commencing when a child is admitted into a temporary shelter care facility, and continuing until the childs discharge from the facility, the county welfare agency shall continuously strive to identify and place the child in an appropriate licensed or approved home or facility.
(e)The temporary shelter care facility shall ensure that the following services, at a minimum, are identified in the facilitys plan of operation and are available to children detained at the facility:
(1)Medical, developmental, behavioral, and mental health assessments based on the information obtained through the screenings required pursuant to subdivision (d).
(2)Based on the screening, assessments, and other information obtained about the child, identification of the appropriate placement resources that meet the childs needs.
(3)Trauma-informed services and interventions.
(4)Crisis intervention services.
(5)Care and supervision provided by trauma-informed trained and qualified staff.
(6)Referrals to and coordination with service providers who can meet the medical, developmental, behavioral, or mental health needs of the child identified upon admission.
(7)Educational services to ensure the childs educational progress, including efforts to maintain the child in his or her school of origin if practical.
(8)Visitation services, including the ability to provide court-ordered, supervised visitation.
(9)Structured indoor and outdoor activities, including recreational and social programs.
(10)Transportation and other forms of support to ensure, to the extent possible, the childs ability to attend and participate in important milestone events.
(11)Mentorship and peer support-type programs.
(f)(1)In no case shall the detention or placement in a temporary shelter care facility exceed 10 calendar days. For any stay that exceeds 10 calendar days, the child welfare agency shall submit a written report to the department, within 24 hours of an overstay, that shall include a description of the reasons and circumstances for the childs overstay, and shall be signed by the county child welfare agency director or his or her designee. The department may choose not to issue a citation to the county for a violation of the 10-day placement limit when, based on the information contained in the report, the overstay is reasonable and the county is complying with subdivision (d).
(2)The child welfare agency may permit any child or youth to access assessment and other services described in subdivision (d) or (e) while in an out-of-home placement.
(3)To ensure the protection of children placed in temporary shelter care facilities, the child welfare agency shall separate children placed in temporary shelter care facilities pursuant to subdivision (b) from children returning to the shelter due to a failed placement, when possible, when circumstances warrant that separation. Temporary shelters shall staff as necessary to adequately supervise children to ensure an appropriate environment for all children present.
(g)At the request of the county, the department shall provide technical assistance necessary for the implementation of this section.
(h)The department, in consultation with the counties, shall provide a report to the Legislature no later than January 1, 2021, that shall include the number of children and youth served by temporary shelter care facilities, characteristics of children detained in these facilities, and whether there is a continued need for the licensing and operation of temporary shelter care facilities.
SEC. 71.SEC. 74.Section 11462.04 of the Welfare and Institutions Code is amended to read:11462.04.(a)Notwithstanding any other law, no new group home rate or change to an existing rate shall be established pursuant to Section 11462. An application shall not be accepted or processed for any of the following:
(1)A new program.
(2)A new provider.
(3)A program change, such as a rate classification level (RCL) increase.
(4)A program capacity increase.
(5)A program reinstatement.
(b)Notwithstanding subdivision (a), the department may grant exceptions as appropriate on a case-by-case basis, based upon a written request and supporting documentation provided by county placing agencies, including county welfare or probation directors.
(c)(1)For the 201213, 201314, and 201415 fiscal years, notwithstanding subdivision (b), for any program below RCL 10, the only exception that may be sought and granted pursuant to this section is for an application requesting a program change, such as an RCL increase. The authority to grant other exceptions does not apply to programs below RCL 10 during these fiscal years.
(2)Notwithstanding paragraph (1), commencing January 1, 2017, no exception shall be granted for any program below RCL 10.
(d)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 72.SEC. 75.Section 11462.04 is added to the Welfare and Institutions Code, to read:11462.04.(a)Notwithstanding any other law, commencing January 1, 2017, no new group home rate or change to an existing rate shall be established pursuant to the Rate Classification Level (RCL) system.
(b)Notwithstanding subdivision (a), the department may grant an exception as appropriate, on a case-by-case basis, when a written request and supporting documentation are provided by a county placing agency, including a county welfare or probation director, that absent the granting of that exception, there is a material risk to the welfare of children due to an inadequate supply of appropriate alternative placement options to meet the needs of children.
(c)For group homes being paid under the RCL system, and those granted an exception pursuant to paragraph (b), group home rates shall terminate on December 31, 2016, unless granted an extension under the exception process in subdivision (d).
(d)A group home may request an exception to extend its rate as follows:
(1)The department may grant an extension for up to one year, through December 31, 2017, 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 beyond December 31, 2017, to be reviewed every six months, on an individual case-by-case basis, when a written request and supporting documentation are provided by a county chief probation officer, that, absent granting 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 resources families necessary to meet the needs of probation youth.
(3)The exception shall allow the provider to continue to receive the rate under the prior ratesetting system.
(e)Upon termination of an existing group home rate under the RCL system, a new rate shall not be paid until an application is approved and a rate is granted by the department pursuant to Section 11462 as a short-term residential treatment center or pursuant to Section 11463 as a foster family agency.
(f)The department shall, in the development of the new rate structures, consider and provide for placement of all children who are displaced as a result of reclassification of treatment facilities.
(g)This section shall become operative on January 1, 2017.
SEC. 76.Section 11462.041 is added to the Welfare and Institutions Code, to read:11462.041.(a)The Legislature recognizes that group homes are one of the primary placement options utilized by probation departments to avoid inappropriate housing of youth in a detention hall, more so since the 2007 realignment of most juvenile offenders from state supervision to county supervision. In order to further improve outcomes for these youth, targeted efforts will be required at the state and local levels to create sufficient capacity in home-based family care and in short-term residential treatment centers in order to serve these youth safely in least restrictive, family-based settings, whenever possible. This increased capacity is needed in both the number of related and unrelated family-based caregivers, in the caregivers ability to meet the needs of probation youth, and in the services and supports available to these caregivers. Additionally, there must be sufficient capacity in short-term residential treatment centers to meet the needs of probation youth and ensure public safety.
(b)To meet the capacity needs described in subdivision (a), commencing on January 1, 2016, county probation departments shall do all of the following:
(1)Work with group home providers to develop short-term residential treatment center programs that meet the treatment needs of probation supervised youth in foster care.
(2)Work with foster family agencies and other community-based organizations to develop strategies to recruit, retain, and support specialized foster homes for probation youth.
(3)Work with the department on strategies to identify, engage, and support relative caregivers.
(4)Work with the department to define probation youth outcome measures to be collected and analyzed to assess implementation of this act.
(c)To support the activities described in subdivision (b), commencing on January 1, 2016, the department, in consultation with the Chief Probation Officers of California, shall do all of the following:
(1)Work with providers, courts, and county probation departments to develop capacity for home-based family care.
(2)Work with short-term residential treatment centers and foster family agencies to address the treatment needs of specific probation populations, including, but not limited to, sex offenders, youth with gang affiliations, youth who currently are placed out of state, and youth with mental illness.
(3)Develop appropriate rate structures to support probation foster youth in home-based family care.
(4)Identify strategies to address the systemic challenges specific to small and rural counties in meeting the needs of probation foster youth in need of placement or treatment services.
(5)Provide technical assistance to existing group home providers interested in serving probation youth during the transition to the short-term residential treatment center or foster family agency models outlined in this act.
(6)Provide technical assistance related to implementation of this section to any requesting county probation department.
(d)Beginning January 1, 2018, the department, in consultation with the Chief Probation Officers of California, shall assess the capacity and quality of placement options for probation youth in foster care, including home-based family care and short-term residential treatment centers. This assessment shall include:
(1)The number and type of placement options.
(2)Whether short-term residential treatment centers have developed programming tailored to address the propensity of probation youth to run away.
(3)The degree to which foster family agencies, community-based service providers, and county probation departments have developed the programs and services necessary to recruit, retain, and support foster families and relative caregivers serving foster youth supervised by probation departments.
(4)Any need for additional training and technical assistance to be provided to short-term residential treatment centers or foster family agency providers.
(e)The department, in consultation with the Chief Probation Officers of California and the counties, shall provide an interim report, pursuant to Section 9795 of the Government Code, to the Legislature no later than January 10, 2019, and a final report, pursuant to Section 9795 of the Government Code, to the Legislature no later than January 10, 2021, which shall include the number of youth served in home-based family care, in short-term residential treatment centers, and in group homes, characteristics of youth in these placement types, and whether there is a continued need for probation placement in group homes. The reports also shall provide recommendations on any further technical assistance and training, if needed, to facilitate county probation departments, county child welfare departments, DSS, and providers in strengthening the continuum of care for justice-involved youth.
SEC. 73.SEC. 77.Section 11463 of the Welfare and Institutions Code is amended to read:11463.(a)(1)The department, with the advice, assistance, and cooperation of the counties and foster care providers, shall develop, implement, and maintain a ratesetting system for foster family agencies.
(2)No county shall be reimbursed for any percentage increases in payments, made on behalf of AFDC-FC funded children who are placed with foster family agencies, that exceed the percentage cost-of-living increase provided in any fiscal year beginning on January 1, 1990, as specified in subdivision (c) of Section 11461.
(b)The department shall develop regulations specifying the purposes, types, and services of foster family agencies, including the use of those agencies for the provision of emergency shelter care. A distinction, for ratesetting purposes, shall be drawn between foster family agencies that provide treatment of children in foster families and those that provide nontreatment services.
(c)The department shall develop and maintain regulations specifying the procedure for the appeal of department decisions about the setting of an agencys rate.
(d)On and after July 1, 1998, the schedule of rates, and the components used in the rate calculations specified in the departments regulations, for foster family agencies shall be increased by 6 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new schedule of rates for foster family agencies.
(e)(1)On and after July 1, 1999, the schedule of rates and the components used in the rate calculations specified in the departments regulations for foster family agencies shall be adjusted by an amount equal to the California Necessities Index computed pursuant to Section 11453, rounded to the nearest dollar, subject to the availability of funds. The resultant amounts shall constitute the new schedule of rates for foster family agencies, subject to further adjustment pursuant to paragraph (2).
(2)In addition to the adjustment specified in paragraph (1), commencing January 1, 2000, the schedule of rates and the components used in the rate calculations specified in the departments regulations for foster family agencies shall be increased by 2.36 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new schedule of rates for foster family agencies.
(f)For the 19992000 fiscal year, foster family agency rates that are not determined by the schedule of rates set forth in the departments regulations, shall be increased by the same percentage as provided in subdivision (e).
(g)(1)For the 200001 fiscal year and each fiscal year thereafter, the foster family agency rate shall be supplemented by one hundred dollars ($100) for clothing per year per child in care, subject to the availability of funds. The supplemental payment shall be used to supplement, and shall not be used to supplant, any clothing allowance paid in addition to the foster family agency rate.
(2)Notwithstanding paragraph (1), commencing with the 201213 fiscal year, and each fiscal year thereafter, no supplemental clothing allowance shall be provided, because the rate issued in accordance with paragraph (1) of subdivision (m) takes the cost of clothing into account.
(h)In addition to the adjustment made pursuant to subdivision (e), the component for social work activities in the rate calculation specified in the departments regulations for foster family agencies shall be increased by 10 percent, effective January 1, 2001. This additional funding shall be used by foster family agencies solely to supplement staffing, salaries, wages, and benefit levels of staff performing social work activities. The schedule of rates shall be recomputed using the adjusted amount for social work activities. The resultant amounts shall constitute the new schedule of rates for foster family agencies. The department may require a foster family agency receiving this additional funding to certify that the funding was utilized in accordance with the provisions of this section.
(i)The increased rate provided by subparagraph (C) of paragraph (1) of subdivision (d) of Section 11461 shall not be used to compute the monthly amount that may be paid to licensed foster family agencies for the placement of children in certified foster homes.
(j)The total foster family agency rate by age group in effect as of January 1, 2008, paid to licensed foster family agencies for the placement of children in certified foster family homes, shall be reduced by 10 percent, effective October 1, 2009. The foster family agency shall have flexibility in applying the reduction, however, nothing shall be deducted from the child base rate, as defined in departmental regulations. When the rate is restored to at least the rate in effect on September 1, 2009, the director shall issue the declaration described in Section 1506.3 of the Health and Safety Code.
(k)Effective October 1, 2009, the total foster family agency rate by age group, in effect for those agency rates that are not determined by the schedule of rates set forth in the departments regulations, shall be reduced by the same percentage and in the same manner as provided for in subdivision (j).
(l)(1)The department shall determine, consistent with the requirements of this section and other relevant requirements under law, the rate category for each foster family agency on a biennial basis. Submission of the biennial rate application shall be according to a schedule determined by the department.
(2)The department shall adopt regulations to implement this subdivision. The adoption, amendment, repeal, or readoption of a regulation authorized by this subdivision is deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement to describe specific facts showing the need for immediate action.
(m)(1)On and after July 1, 2012, the basic rate payment that shall be made to the certified parent pursuant to this section for care and supervision of a child who is living in a certified home of a foster family agency, as defined in Section 11400, shall equal the basic rate for children based in a licensed or approved home, as specified in paragraph (1) of subdivision (g) of Section 11461.
(2)The basic rate payment to the certified parent made pursuant to paragraph (1) shall be adjusted annually on July 1, by the annual percentage change in the California Necessities Index, in accordance with paragraph (2) of subdivision (g) of Section 11461. The adjustment in this paragraph shall be in lieu of any adjustment pursuant to subdivision (e).
(n)Notwithstanding any other law, the changes to the basic rate payment specified in subdivision (m) shall not change the remaining components of the foster family agency rate. The new foster family agency rate shall be increased only by the amounts specified pursuant to subdivision (m). The resulting amounts shall constitute the new schedule of rates for foster family agencies, which shall be issued by all-county letters or similar instructions from the department.
(o)Beginning in the 201112 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
(p)(1)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific the changes to this section made by the act that added this section, and amend and repeal regulations and orders subject to this section and adopted by the department by means of all-county letters or similar instructions from the department until regulations are adopted. The department shall adopt emergency regulations no later than July 1, 2014. The department may readopt any emergency regulation authorized by this section that is the same as, or substantially equivalent to, an emergency regulation previously adopted under this section.
(2)The initial adoption of emergency regulations pursuant to this section and one readoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and each shall remain in effect for no more than 180 days, by which time final regulations may be adopted.
(q)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 74.SEC. 78.Section 11463 is added to the Welfare and Institutions Code, to read:11463.(a)The department shall commence development of a new payment structure for the Title IV-E funded foster family agency placement option that maximizes federal funding, in consultation with county placing agencies.
(b)The department shall develop a payment system for foster family agencies that provide nontreatment, treatment, intensive treatment, and therapeutic foster care programs, and shall consider all of the following factors:
(1)Administrative activities that are eligible for federal financial participation provided, at county request, for and to 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, either directly provided or secured through formal agreements with other agencies, that encompass community services and supports, physical, behavioral, and mental health support and access to services, including specialty mental health services, educational support, life and social support, transitional support services for children, youth, and families who assume permanency and for children, youth, and families who step down into lower levels of foster care, services for transition-aged youth, services for nonminor dependents, and trauma-informed practices and supports for children and youth, including treatment services.
(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 all of the following:
(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 who assume permanency.
(C)Permanency related services, 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.
(D)Education and physical, behavioral, and mental health supports, including extracurricular activities and social supports.
(E)Activities designed to support transition-age youth and nonminor dependents in achieving a successful adulthood.
(F)When serving Indian children, as defined in Section 224.1, the core services specified in paragraphs (A) to (E), inclusive, shall be provided consistent with active efforts pursuant to Section 361.7.
(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)Children and youth assessed as having an emotional disturbance as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations seriously emotionally disturbed, as described in Section 5600.3, placed out-of-home pursuant to an individualized education program developed under Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1 of the Government Code.
(B)AFDC-FC children 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 develop a system of governmental monitoring and oversight that shall be carried out in coordination with the State Department of Health Care Services. Oversight responsibilities shall include, but not be limited to, ensuring conformity with federal and state law, including program, fiscal, and health and safety reviews.
(d)The department shall consider the impact on children and youth being transitioned to alternate programs as a result of the new ratesetting system.
(e) This section shall become operative on January 1, 2017.
SEC. 75.SEC. 79.Section 11463.01 is added to the Welfare and Institutions Code, immediately after Section 11463, to read:11463.01.(a)(1)The department, with the advice, assistance, and cooperation of the counties and foster care providers, shall develop, implement, and maintain a ratesetting system for foster family agencies.
(2)No county shall be reimbursed for any percentage increases in payments, made on behalf of AFDC-FC funded children who are placed with foster family agencies, that exceed the percentage cost-of-living increase provided in any fiscal year, as specified in subdivision (c) of Section 11461.
(b)The department shall develop regulations specifying the purposes, types, and services of foster family agencies, including the use of those agencies for the provision of emergency shelter care. A distinction, for ratesetting purposes, shall be drawn between foster family agencies that provide treatment of children in foster families and those that provide nontreatment services.
(c)The department shall develop and maintain regulations specifying the procedures for the appeal of department decisions about the setting of an agencys rate.
(d)No supplemental clothing allowance shall be provided, because the rate issued in accordance with paragraph (1) of subdivision (g) takes the cost of clothing into account.
(e)The schedule of rates for foster family agencies as set forth in Section 11463, as that section read on January 1, 2015, shall apply for purposes of, and may be modified pursuant to, this section.
(f)(1)The department shall determine, consistent with the requirements of this section and other relevant requirements under law, the rate category for each foster family agency on a biennial basis. Submission of the biennial rate application shall be according to a schedule determined by the department.
(2)The department shall adopt regulations to implement this subdivision. The adoption, amendment, repeal, or readoption of a regulation authorized by this subdivision is deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement to describe specific facts showing the need for immediate action.
(g)(1)The basic rate payment that shall be made to the certified parent pursuant to this section for care and supervision of a child who is living in a certified home of a foster family agency, as defined in Section 11400, shall equal the basic rate for children placed in a licensed or approved home, as specified in paragraph (1) of subdivision (g) of Section 11461.
(2)The basic rate payment to the certified parent made pursuant to paragraph (1) shall be adjusted annually on July 1, by the annual percentage change in the California Necessities Index, in accordance with paragraph (2) of subdivision (g) of Section 11461. The adjustment in this paragraph shall be in lieu of any adjustment pursuant to subdivision (e) of Section 11463, as that section read on January 1, 2015.
(h)Notwithstanding any other law, the changes to the basic rate payment specified in subdivision (g) shall not change the remaining components of the foster family agency rate. The new foster family agency rate shall be increased only by the amounts specified pursuant to subdivision (g). The resulting amounts shall constitute the new schedule of rates for foster family agencies, which shall be issued by all-county letters or similar instructions from the department.
(i)For each fiscal year, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
(j)(1)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific the changes to this section made by the act that added this section, and amend and repeal regulations and orders subject to this section and adopted by the department by means of all-county letters or similar instructions from the department until regulations are adopted. The department shall adopt emergency regulations no later than July 1, 2016. The department may readopt any emergency regulation authorized by this section that is the same as, or substantially equivalent to, an emergency regulation previously adopted under this section.
(2)The initial adoption of emergency regulations pursuant to this section and one readoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and each shall remain in effect for no more than 180 days, by which time final regulations may be adopted.
(k)This section shall only apply to a foster family agency that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11463.1.
(l)This section shall become operative on January 1, 2017.
(m)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 76.SEC. 80.Section 11463.1 is added to the Welfare and Institutions Code, to read:11463.1.(a)Notwithstanding any other law, commencing January 1, 2017, no new foster family agency shall be established pursuant to the rate in effect through December 31, 2016.
(b)Notwithstanding subdivision (a), the department may grant an exception as appropriate, on a case-by-case basis, when a written request and supporting documentation are provided by a county placing agency, including a county welfare or probation director, that absent the granting of that exception, there is a material risk to the welfare of children due to an inadequate supply of appropriate alternative placement options to meet the needs of children 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 may request an exception to extend its rate as follows:
(1)The department may grant an extension for up to one year, through December 31, 2017, on a case-by-case basis, when a written request and supporting documentation are provided by a county placing agency, including a county welfare or probation director, that absent the granting of that exception, there is a material risk to the welfare of children 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, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 77.SEC. 81.Section 11465 of the Welfare and Institutions Code is amended to read:11465.(a)When a child is living with a parent who receives AFDC-FC or Kin-GAP benefits, the rate paid to the provider on behalf of the parent shall include an amount for care and supervision of the child.
(b)For each category of eligible licensed community care facility, as defined in Section 1502 of the Health and Safety Code, the department shall adopt regulations setting forth a uniform rate to cover the cost of care and supervision of the child in each category of eligible licensed community care facility.
(c)(1)On and after July 1, 1998, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 6 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate.
(2)(A)On and after July 1, 1999, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be adjusted by an amount equal to the California Necessities Index computed pursuant to Section 11453, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate, subject to further adjustment pursuant to subparagraph (B).
(B)In addition to the adjustment specified in subparagraph (A), on and after January 1, 2000, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 2.36 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate.
(3)Subject to the availability of funds, for the 200001 fiscal year and annually thereafter, these rates shall be adjusted for cost of living pursuant to procedures in Section 11453.
(4)On and after January 1, 2008, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 5 percent, rounded to the nearest dollar. The resulting amount shall constitute the new uniform rate.
(d)(1)Notwithstanding subdivisions (a) to (c), inclusive, the payment made pursuant to this section for care and supervision of a child who is living with a teen parent in a whole family foster home, as defined in Section 11400, shall equal the basic rate for children placed in a licensed or approved home as specified in subdivisions (a) to (d), inclusive, and subdivision (g), of Section 11461.
(2)(A)The amount paid for care and supervision of a dependent infant living with a dependent teen parent receiving AFDC-FC benefits in a group home placement shall equal the infant supplement rate for group home placements.
(B)Commencing January 1, 2017, the amount paid for care and supervision of a dependent infant living with a dependent teenage parent receiving AFDC-FC benefits in a short-term residential treatment center shall equal the infant supplement rate for short-term residential treatment centers established by the department.
(3)(A)The caregiver shall provide the county child welfare agency or probation department with a copy of the shared responsibility plan developed pursuant to Section 16501.25 and shall advise the county child welfare agency or probation department of any subsequent changes to the plan. Once the plan has been completed and provided to the appropriate agencies, the payment made pursuant to this section shall be increased by an additional two hundred dollars ($200) per month to reflect the increased care and supervision while he or she is placed in the whole family foster home.
(B)A nonminor dependent parent residing in a supervised independent living placement, as defined in subdivision (w) of Section 11400, who develops a written parenting support plan pursuant to Section 16501.26 shall provide the county child welfare agency or probation department with a copy of the plan and shall advise the county child welfare agency or probation department of any subsequent changes to the plan. The payment made pursuant to this section shall be increased by an additional two hundred dollars ($200) per month after all of the following have been satisfied:
(i)The plan has been completed and provided to the appropriate county agency.
(ii)The plan has been approved by the appropriate county agency.
(iii)The county agency has determined that the identified responsible adult meets the criteria specified in Section 16501.27.
(4)In a year in which the payment provided pursuant to this section is adjusted for the cost of living as provided in paragraph (1) of subdivision (c), the payments provided for in this subdivision shall also be increased by the same procedures.
(5)A Kin-GAP relative who, immediately prior to entering the Kin-GAP program, was designated as a whole family foster home shall receive the same payment amounts for the care and supervision of a child who is living with a teen parent they received in foster care as a whole family foster home.
(6)On and after January 1, 2012, the rate paid for a child living with a teen parent in a whole family foster home as defined in Section 11400 shall also be paid for a child living with a nonminor dependent parent who is eligible to receive AFDC-FC or Kin-GAP pursuant to Section 11403.
SEC. 78.SEC. 82.Section 11466 is added to the Welfare and Institutions Code, to read:11466.For the purposes of this section to Section 114691.1, inclusive, provider shall mean a group home, short-term residential treatment center, a foster family agency that provides treatment services, and similar foster care business entities.
SEC. 79.SEC. 83.Section 11466.21 of the Welfare and Institutions Code is amended to read:11466.21.(a)In accordance with subdivision (b), as a condition to receive an AFDC-FC rate for a program including, but not limited to, a group home, a foster family agency that provides treatment services, or a short-term residential treatment center, the following shall apply:
(1)Any provider who expends in combined federal funds an amount at or above the federal funding threshold in accordance with the federal Single Audit Act, as amended, and Section 200.501 of Title 2 of the Code of Federal Regulations shall arrange to have a financial audit conducted on an annual basis, and shall submit the annual financial audit to the department in accordance with regulations adopted by the department.
(2)Any provider who expends in combined federal funds an amount below the federal funding threshold in accordance with the federal Single Audit Act, as amended, and Section 200.501 of Title 2 of the Code of Federal Regulations shall submit to the department a financial audit on its most recent fiscal period at least once every three years. The department shall provide timely notice to the providers of the date that submission of the financial audit is required. That date of submission of the financial audit shall be established in accordance with regulations adopted by the department.
(3)The scope of the financial audit shall include all of the programs and activities operated by the provider and shall not be limited to those funded in whole or in part by the AFDC-FC program. The financial audits shall include, but not be limited to, an evaluation of the accounting and control systems of the provider.
(4)The provider shall have its financial audit conducted by certified public accountants or by state-licensed public accountants who have no direct or indirect relationship with the functions or activities being audited, or with the provider, its board of directors, officers, or staff.
(5)The provider shall have its financial audits conducted in accordance with Government Auditing Standards issued by the Comptroller General of the United States and in compliance with generally accepted accounting principles applicable to private entities organized and operated on a nonprofit basis.
(6)(A)Each provider shall have the flexibility to define the calendar months included in its fiscal year.
(B)A provider may change the definition of its fiscal year. However, the financial audit conducted following the change shall cover all of the months since the last audit, even though this may cover a period that exceeds 12 months.
(b)(1)In accordance with subdivision (a), as a condition to receive an AFDC-FC rate that becomes effective on or after July 1, 2000, a provider shall submit a copy of its most recent financial audit report, except as provided in paragraph (3).
(2)The department shall terminate the rate of a provider who fails to submit a copy of its most recent financial audit pursuant to subdivision (a). A terminated rate shall only be reinstated upon the providers submission of an acceptable financial audit.
(3)Effective July 1, 2000, a new provider that has been incorporated for fewer than 12 calendar months shall not be required to submit a copy of a financial audit to receive an AFDC-FC rate for a new program. The financial audit shall be conducted on the providers next full fiscal year of operation. The provider shall submit the financial audit to the department in accordance with subdivision (a).
(c)The department shall implement this section through the adoption of emergency regulations.
SEC. 80.SEC. 84.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 that provide treatment services, receive the level of care and supervision commensurate with the programs 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, it shall be liable to repay the overpayment.
(d)(1)Overpayments shall be determined by either a provider audit or a provider self-reporting an overpayment.
(2)If an informal hearing is not requested, or on the 60th day after an informal decision if a provider or the department does not file a notice of intent to file a formal appeal, or on the 30th day following a formal appeal hearing decision, whichever is latest, a group home provider overpayment shall be sustained for collection purposes and the department shall issue a demand letter for repayment of the sustained overpayment.
(3)The department shall establish a voluntary repayment agreement procedure with a maximum repayment period of nine years. The procedure shall take into account the amount of the overpayment, projected annual income of the program that caused the overpayment, a minimum repayment amount, including principal and interest, of 3 percent of annual income prorated on a monthly basis, simple interest for the first seven years of the voluntary repayment agreement on the overpayment amount based on the Surplus Money Investment Fund, and simple interest for the eighth and ninth years of the voluntary repayment agreement based on the prime rate at that time plus 3 percent. The department may adopt regulations permitting the director, at his or her discretion, to renegotiate the volunteer repayment agreement if the director determines that the agreement would cause severe harm to children in placement.
(4)The department shall establish an involuntary overpayment collection procedure, that shall take into account the amount of the overpayment, projected annual income, a minimum required repayment amount, including principal and interest, of 5 percent of the annual income prorated on a monthly basis, simple interest on the overpayment amount based on the Surplus Money Investment Fund, and a maximum repayment period of seven years. The department may establish regulations permitting the director at his or her discretion to renegotiate the involuntary payment agreement if the director determines that the agreement would cause severe harm to children in placement.
(e)The department shall develop regulations for recovery of any provider sustained overpayments. The regulations 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.
(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 providers 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. 81.SEC. 85.Section 11466.25 of the Welfare and Institutions Code is amended to read:11466.25.Interest begins to accrue on a provider overpayment on the date of the issuance of the final audit report.
SEC. 82.SEC. 86.Section 11466.3 of the Welfare and Institutions Code is amended to read:11466.3.(a)The department shall offer a voluntary repayment agreement procedure to providers that owe a sustained overpayment. A provider may enter into a voluntary repayment agreement with the department to repay a sustained overpayment. The voluntary repayment agreement shall, at a minimum, meet the requirements developed pursuant to paragraph (3) of subdivision (d) of Section 11466.2.
(b)The department shall charge simple interest on the voluntary repayment agreement in accordance with paragraph (3) of subdivision (d) of Section 11466.2.
SEC. 83.SEC. 87.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. Overpayments shall be offset against current monthly rate reimbursement payments due and payable to a provider under this chapter.
SEC. 84.SEC. 88.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 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 providers 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 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. 85.SEC. 89.Section 11466.33 of the Welfare and Institutions Code is amended to read:11466.33.(a)If any amount is due and payable to the department as a result of sustained overpayment to a provider for care and services in the AFDC-FC program, the department may file, in the office of any county clerk of any county in which the provider has real or personal property, a certificate if any of the following conditions are met:
(1)No informal hearing is requested and if a provider has not submitted a voluntary repayment agreement with the first payment, and 60 days have elapsed from the notice of audit results.
(2)No formal appeal is requested and if a provider has not submitted a voluntary repayment agreement along with the first payment, and 60 days have elapsed from the notice of the informal hearing decision.
(3)A provider has not submitted a voluntary repayment agreement along with the first payment, and 30 days have elapsed after an adverse appeal decision by a hearing officer that sustains an overpayment.
(b)The certificate provided for pursuant to subdivision (a) shall contain:
(1)The amount due, owing, and unpaid, plus simple interest on the amount owing and unpaid beginning on the date the certificate is filed.
(2)A statement that the department has complied with this section prior to the filing of the certificate.
(3)A request that a lien be recorded against the provider in the amount set forth in the certificate.
(c)The county clerk immediately upon the filing of the certificate shall record the lien for the State of California against the provider in the amount set forth in the certificate. The lien may be filed in the chain of title of the property.
(d)The department shall pay the cost of the first lien, and providers shall be responsible for any subsequent liens on a sustained overpayment.
(e)For the first certificate filed by the department pursuant to this section, the county shall waive all filing fees.
SEC. 86.SEC. 90.Section 11466.34 of the Welfare and Institutions Code is amended to read:11466.34.(a)(1)At any time within 10 years of the recording of a lien pursuant to Section 11466.33, the department may bring an action, in a superior court in the county in which the lien is filed, seeking a judgment to establish the lien as a judgment lien.
(2)If a judgment is obtained pursuant to paragraph (1), the county recorder shall record the lien as a judgment lien.
(b)An abstract of a judgment obtained pursuant to subdivision (a) or a copy thereof may be recorded with the county recorder of any county. From the time of recording, the judgment shall constitute a lien upon all real or personal property of the provider in that county owned by the provider at the time, or that the provider may afterwards, but before the lien expires, acquire. The judgment lien shall continue for 10 years from the time of recording of the abstract of judgment obtained pursuant to subdivision (a), unless sooner released or otherwise discharged.
(c)The judgment lien may, within 10 years from the date of recording of the abstract of judgment or within 10 years from the date of the last extension of the lien in the manner provided in this section, be extended by recording a new abstract in the office of the county recorder of any county. From the date of that recording, the lien shall be extended for 10 years, unless sooner released or otherwise discharged.
(d)The department may release any lien imposed pursuant to this chapter, at the providers cost, in which case any judgment pertaining to that lien is for all purposes null and void, if all of the following conditions are met:
(1)No temporary suspension order or license revocation actions by the departments community care licensing division is pending against a provider.
(2)A provider has made at least three timely payments on a voluntary repayment agreement.
(3)The provider submits to the department corroborative evidence that it is unable to obtain a loan from an institutional lender unless the lien is released.
(e)Execution shall issue upon a judgment obtained pursuant to this section upon request of the department in the same manner as execution may issue upon other judgments. Sale shall be held under that execution as prescribed in the Code of Civil Procedure. In all proceedings under this section, the director or his or her authorized agents may act on behalf of the state.
SEC. 87.SEC. 91.Section 11466.35 of the Welfare and Institutions Code is amended to read:11466.35.(a)Any licensee who has been determined to owe a sustained overpayment under this chapter, and who, subsequent to notice of the sustained overpayment, has its rate terminated, shall be ineligible to apply or receive a rate for any future program until the overpayment is repaid.
(b)A rate application shall be denied for a provider that meets either of the following conditions:
(1)A provider owing a sustained overpayment under this chapter, upon the occurrence of any additional sustained overpayment, shall be ineligible to apply or receive a rate for an existing or future program until the sustained overpayments are repaid, unless a voluntary repayment agreement is approved by the department.
(2)A provider incurring a sustained overpayment that constitutes more than 60 percent of the providers annual rate reimbursement shall be ineligible to apply or receive a rate for any existing or future programs until the sustained overpayments are repaid, unless a voluntary repayment agreement is approved by the department.
SEC. 88.SEC. 92.Section 11466.36 of the Welfare and Institutions Code is amended to read:11466.36.(a)The department may terminate a program rate if any of the following conditions are met:
(1)The department determines that, based upon the findings of a hearing officer, a rate application or information submitted by a provider was fraudulently submitted to the department.
(2)A provider with an outstanding sustained overpayment incurs a second sustained overpayment, and is unable to repay the sustained overpayments.
(3)A provider has a sustained overpayment that represents 100 percent of a providers annual rate reimbursement.
(b)This chapter shall not be construed to affect the departments authority under other provisions of law for collection of provider sustained overpayments.
SEC. 89.SEC. 93.Section 11466.5 of the Welfare and Institutions Code is amended to read:11466.5.The department shall collect cost data and monitor the cost of providing care and supervision, and social work services, to AFDC-FC recipients. These data shall include, but not be limited to, the costs incurred for employee wages and benefits.
SEC. 90.SEC. 94.Section 11466.6 of the Welfare and Institutions Code is amended to read:11466.6.A provider who disagrees with the rate determined by the department or adjusted by a program audit may request in writing an appeal by the director or the directors designee. The department shall adopt regulations establishing procedures for the departmental appeal process.
SEC. 91.SEC. 95.Section 11468 of the Welfare and Institutions Code is amended to read:11468.The department shall establish administrative procedures to review the rate set by the department for AFDC-FC programs, including, but not limited to, group homes, short-term residential treatment centers, and foster family agencies that provide treatment services.
SEC. 92.SEC. 96.Section 16000 of the Welfare and Institutions Code is amended to read:16000.(a)It is the intent of the Legislature to preserve and strengthen a childs family ties whenever possible, removing the child from the custody of his or her parents only when necessary for his or her welfare or for the safety and protection of the public. If a child is removed from the physical custody of his or her parents, preferential consideration shall be given whenever possible to the placement of the child with the relative as required by Section 7950 of the Family Code. If the child is removed from his or her own family, it is the purpose of this chapter to secure as nearly as possible for the child the custody, care, and discipline equivalent to that which should have been given to the child by his or her parents. It is further the intent of the Legislature to reaffirm its commitment to children who are in out-of-home placement to live in the least restrictive, most familylike setting and to live as close to the childs family as possible pursuant to subdivision (c) of Section 16501.1. Family reunification services shall be provided for expeditious reunification of the child with his or her family, as required by law. If reunification is not possible or likely, a permanent alternative shall be developed.
(b)It is further the intent of the Legislature that all children live with a committed, permanent, and nurturing family. Services and supports should be tailored to meet the needs of the individual child and family being served, with the ultimate goal of maintaining the family, or when this is not possible, transitioning the child or youth to a permanent family or preparing the youth for a successful transition into adulthood. When needed, short-term residential treatment center program services are a short-term, specialized, and intensive intervention that is just one part of a continuum of care available for children, youth, young adults, and their families.
(c)It is further the intent of the Legislature to ensure that all pupils in foster care and those who are homeless as defined by the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.) have the opportunity to meet the challenging state pupil academic achievement standards to which all pupils are held. In fulfilling their responsibilities to pupils in foster care, educators, county placing agencies, care providers, advocates, and the juvenile courts shall work together to maintain stable school placements and to ensure that each pupil is placed in the least restrictive educational programs, and has access to the academic resources, services, and extracurricular and enrichment activities that are available to all pupils. In all instances, educational and school placement decisions shall be based on the best interests of the child.
SEC. 93.SEC. 97.Section 16003 of the Welfare and Institutions Code is amended to read:16003.(a)In order to promote the successful implementation of the statutory preference for foster care placement with a relative caregiver as set forth in Section 7950 of the Family Code, each community college district with a foster care education program shall make available orientation and training to the relative or nonrelative extended family member caregiver into whose care the county has placed a foster child pursuant to Section 1529.2 of the Health and Safety Code, including, but not limited to, courses that cover the following:
(1)The role, rights, and responsibilities of a relative or nonrelative extended family member caregiver caring for a child in foster care, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(2)An overview of the child protective system.
(3)The effects of child abuse and neglect on child development.
(4)Positive discipline and the importance of self-esteem.
(5)Health issues in foster care.
(6)Accessing education and health services that are available to foster children.
(7)Relationship and safety issues regarding contact with one or both of the birth parents.
(8)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(9)Information on resources available for those who meet eligibility criteria, including out-of-home care payments, the Medi-Cal program, in-home supportive services, and other similar resources.
(10)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(11)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(b)In addition to training made available pursuant to subdivision (a), each community college district with a foster care education program shall make training available to a relative or nonrelative extended family member caregiver that includes, but need not be limited to, courses that cover all of the following:
(1)Age-appropriate child development.
(2)Health issues in foster care.
(3)Positive discipline and the importance of self-esteem.
(4)Emancipation and independent living.
(5)Accessing education and health services available to foster children.
(6)Relationship and safety issues regarding contact with one or both of the birth parents.
(7)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(8)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(c)In addition to the requirements of subdivisions (a) and (b), each community college district with a foster care education program, in providing the orientation program, shall develop appropriate program parameters in collaboration with the counties.
(d)Each community college district with a foster care education program shall make every attempt to make the training and orientation programs for relative or nonrelative extended family member caregivers highly accessible in the communities in which they reside.
(e)When a child is placed with a relative or nonrelative extended family member caregiver, the county shall inform the caregiver of the availability of training and orientation programs and it is the intent of the Legislature that the county shall forward the names and addresses of relative or nonrelative extended family member caregivers to the appropriate community colleges providing the training and orientation programs.
(f)This section shall not be construed to preclude counties from developing or expanding existing training and orientation programs for foster care providers to include relative or nonrelative extended family member caregivers.
(g)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 98.Section 16003.5 is added to the Welfare and Institutions Code, to read:16003.5.(a)Any state funding allocated to counties for the purpose of recruiting, retaining, and supporting foster parents, relative caregivers, and resource families shall be used to increase the capacity and use of home-based family care and the provision of services and supports to such caregivers. Allowable expenditures of those funds shall include, but not be limited to, and shall be used to supplement and not supplant, resources used by a county for any of the following purposes:
(1)Staffing to provide and improve direct services and supports to licensed foster family homes, approved resource families, and relative caregivers, and to remove any barriers in those areas defined as priorities in the county implementation plan and subsequent reports on outcomes.
(2)Exceptional child needs not covered by the caregiver-specific rate that would normalize the childs experience, stabilize the placement, or enhance the childs well-being.
(3)Child care for licensed foster parents, approved resource families, and relative caregivers.
(4)Intensive relative finding, engagement, and navigation efforts.
(5)Emerging technological, evidence-informed, or other nontraditional approaches to outreach to potential foster family homes, resource families, and relatives.
(b)(1)The department shall provide available funding to counties based upon its approval of plans submitted by each county that requests funding described in subdivision (a). Each county plan shall be submitted by September 1 of any year in which funding is available. Each county plan shall include all of the following:
(A)A definition of the specific goal or goals related to increasing the capacity and use of home-based family care and the provision of services and supports to such caregivers that the county intends to achieve.
(B)A description of the strategy or strategies the county proposes to pursue to address the goal or goals identified in subparagraph (A).
(C)An explanation or rationale for the proposed strategy or strategies relative to the goal or goals identified in subparagraph (A).
(D)A list or description of the outcomes that shall be reported pursuant to subdivision (c), including baseline data for those outcomes.
(2)The department shall develop, following consultation with the County Welfare Directors Association of California and the Chief Probation Officers of California, criteria for the approval of county plans submitted pursuant to paragraph (1).
(c)As a condition of accepting state funding described in subdivision (a), counties receiving that funding shall, by September 30 of the year following the end of the fiscal year in which the funding was available, report to the department the outcomes achieved through the use of that funding and the activities that contributed to those outcomes. This report from each receiving county shall be made in a manner prescribed by the department, following consultation with the County Welfare Directors Association of California and the Chief Probation Officers of California. Using these reports, the department shall share best practices among counties and shall periodically update the Legislature.
SEC. 94.SEC. 99.Section 16501 of the Welfare and Institutions Code is amended to read:16501.(a)(1)As used in this chapter, child welfare services means public social services that are directed toward the accomplishment of any or all of the following purposes: protecting and promoting the welfare of all children, including disabled, homeless, dependent, or neglected children; preventing or remedying, or assisting in the solution of problems which may result in, the neglect, abuse, exploitation, or delinquency of children; preventing the unnecessary separation of children from their families by identifying family problems, assisting families in resolving their problems, and preventing breakup of the family where the prevention of child removal is desirable and possible; restoring to their families children who have been removed, by the provision of services to the child and the families; identifying children to be placed in suitable adoptive homes, in cases where restoration to the biological family is not possible or appropriate; and ensuring adequate care of children away from their homes, in cases where the child cannot be returned home or cannot be placed for adoption.
(2)Child welfare services also means services provided on behalf of children alleged to be the victims of child abuse, neglect, or exploitation. The child welfare services provided on behalf of each child represent a continuum of services, including emergency response services, family preservation services, family maintenance services, family reunification services, and permanent placement services, including supportive transition services. The individual childs case plan is the guiding principle in the provision of these services. The case plan shall be developed within a maximum of 60 days of the initial removal of the child or of the in-person response required under subdivision (f) if the child has not been removed from his or her home, or by the date of the dispositional hearing pursuant to Section 358, whichever comes first.
(3)Child welfare services are best provided in a framework that integrates service planning and delivery among multiple service systems, including the mental health system, using a team-based approach, such as a child and family team. A child and family team brings together individuals that engage with the child or youth and family in assessing, planning, and delivering services. services consistent with paragraph (1) of subdivision (d) of Section 16501.1. Use of a team approach increases efficiency, and thus reduces cost, by increasing coordination of formal services and integrating the natural and informal supports available to the child or youth and family.
(4)Child and family team means a supportive team that informs the process of placement and services to children and youth in foster care or who are at risk of foster care placement. The child and family team is comprised of the child or youth, the childs family, the caregiver, the placing agency caseworker, a county mental health representative, and a representative of the childs or youths tribe or Indian custodian, as applicable. As appropriate, the child and family team also may include, but is not limited to, the childs attorney, behavioral health representatives and other formal supports, such as educational professionals professionals, regional center representatives when the child is eligible for regional center services, and representatives from other agencies providing services to the child or youth and family. For purposes of this definition, the child and family team also may include extended family and informal support persons, such as friends, coaches, faith-based connections, and tribes as identified by the child or youth and family. If placement into a short-term residential treatment center or a foster family agency that provides treatment services has occurred or is being considered, the mental health representative is required to be a licensed mental health professional. Any party to the childs case who is represented by an attorney may consult with his or her attorney regarding this process.
(5)Child welfare services may include, but are not limited to, a range of service-funded activities, including case management, counseling, emergency shelter care, emergency in-home caretakers, temporary in-home caretakers, respite care, therapeutic day services, teaching and demonstrating homemakers, parenting training, substance abuse testing, and transportation. These service-funded activities shall be available to children and their families in all phases of the child welfare program in accordance with the childs case plan and departmental regulations. Funding for services is limited to the amount appropriated in the annual Budget Act and other available county funds.
(6)Service-funded activities to be provided may be determined by each county, based upon individual child and family needs as reflected in the service plan.
(7)As used in this chapter, emergency shelter care means emergency shelter provided to children who have been removed pursuant to Section 300 from their parent or parents or their guardian or guardians. The department may establish, by regulation, the time periods for which emergency shelter care shall be funded. For the purposes of this paragraph, emergency shelter care may include transitional shelter care facilities as defined in paragraph (11) of subdivision (a) of Section 1502 of the Health and Safety Code.
(b)As used in this chapter, respite care means temporary care for periods not to exceed 72 hours, and, in order to preserve the placement, may be extended up to 14 days in any one month pending the development of policies and regulations in consultation with county placing agencies and stakeholders. This care may be provided to the childs parents or guardians. This care shall not be limited by regulation to care over 24 hours. These services shall not be provided for the purpose of routine, ongoing child care.
(c)The county shall provide child welfare services as needed pursuant to an approved service plan and in accordance with regulations promulgated, in consultation with the counties, by the department. Counties may contract for service-funded activities as defined in paragraph (1) of subdivision (a). Counties shall not contract for needs assessment, client eligibility determination, or any other activity as specified by regulations of the State Department of Social Services, except as specifically authorized in Section 16100.
(d)Nothing in this chapter shall be construed to affect duties which are delegated to probation officers pursuant to Sections 601 and 654.
(e)Any county may utilize volunteer individuals to supplement professional child welfare services by providing ancillary support services in accordance with regulations adopted by the State Department of Social Services.
(f)As used in this chapter, emergency response services consist of a response system providing in-person response, 24 hours a day, seven days a week, to reports of abuse, neglect, or exploitation, as required by Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code for the purpose of investigation pursuant to Section 11166 of the Penal Code and to determine the necessity for providing initial intake services and crisis intervention to maintain the child safely in his or her own home or to protect the safety of the child. County welfare departments shall respond to any report of imminent danger to a child immediately and all other reports within 10 calendar days. An in-person response is not required when the county welfare department, based upon an evaluation of risk, determines that an in-person response is not appropriate. This evaluation includes collateral, contacts, a review of previous referrals, and other relevant information, as indicated.
(g)As used in this chapter, family maintenance services are activities designed to provide in-home protective services to prevent or remedy neglect, abuse, or exploitation, for the purposes of preventing separation of children from their families.
(h)As used in this chapter, family reunification services are activities designed to provide time-limited foster care services to prevent or remedy neglect, abuse, or exploitation, when the child cannot safely remain at home, and needs temporary foster care, while services are provided to reunite the family.
(i)As used in this chapter, permanent placement services are activities designed to provide an alternate permanent family structure for children who because of abuse, neglect, or exploitation cannot safely remain at home and who are unlikely to ever return home. These services shall be provided on behalf of children for whom there has been a judicial determination of a permanent plan for adoption, legal guardianship, or long-term foster care, and, as needed, shall include supportive transition services to nonminor dependents, as described in subdivision (v) of Section 11400.
(j)As used in this chapter, family preservation services include those services specified in Section 16500.5 to avoid or limit out-of-home placement of children, and may include those services specified in that section to place children in the least restrictive environment possible.
(k)(1)(A)In any county electing to implement this subdivision, all county welfare department employees who have frequent and routine contact with children shall, by February 1, 1997, and all welfare department employees who are expected to have frequent and routine contact with children and who are hired on or after January 1, 1996, and all such employees whose duties change after January 1, 1996, to include frequent and routine contact with children, shall, if the employees provide services to children who are alleged victims of abuse, neglect, or exploitation, sign a declaration under penalty of perjury regarding any prior criminal conviction, and shall provide a set of fingerprints to the county welfare director.
(B)The county welfare director shall secure from the Department of Justice a criminal record to determine whether the employee has ever been convicted of a crime other than a minor traffic violation. The Department of Justice shall deliver the criminal record to the county welfare director.
(C)If it is found that the employee has been convicted of a crime, other than a minor traffic violation, the county welfare director shall determine whether there is substantial and convincing evidence to support a reasonable belief that the employee is of good character so as to justify frequent and routine contact with children.
(D)No exemption shall be granted pursuant to subparagraph (C) if the person has been convicted of a sex offense against a minor, or has been convicted of an offense specified in Section 220, 243.4, 264.1, 273d, 288, or 289 of the Penal Code, or in paragraph (1) of Section 273a of, or subdivision (a) or (b) of Section 368 of, the Penal Code, or has been convicted of an offense specified in subdivision (c) of Section 667.5 of the Penal Code. The county welfare director shall suspend such a person from any duties involving frequent and routine contact with children.
(E)Notwithstanding subparagraph (D), the county welfare director may grant an exemption if the employee or prospective employee, who was convicted of a crime against an individual specified in paragraph (1) or (7) of subdivision (c) of Section 667.5 of the Penal Code, has been rehabilitated as provided in Section 4852.03 of the Penal Code and has maintained the conduct required in Section 4852.05 of the Penal Code for at least 10 years and has the recommendation of the district attorney representing the employees or prospective employees county of residence, or if the employee or prospective employee has received a certificate of rehabilitation pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code. In that case, the county welfare director may give the employee or prospective employee an opportunity to explain the conviction and shall consider that explanation in the evaluation of the criminal conviction record.
(F)If no criminal record information has been recorded, the county welfare director shall cause a statement of that fact to be included in that persons personnel file.
(2)For purposes of this subdivision, a conviction means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Any action that the county welfare director is permitted to take following the establishment of a conviction may be taken when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, notwithstanding a subsequent order pursuant to Sections 1203.4 and 1203.4a of the Penal Code permitting the person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment. For purposes of this subdivision, the record of a conviction, or a copy thereof certified by the clerk of the court or by a judge of the court in which the conviction occurred, shall be conclusive evidence of the conviction.
SEC. 95.SEC. 100.Section 16501.1 of the Welfare and Institutions Code is amended to read:16501.1.(a)(1)The Legislature finds and declares that the foundation and central unifying tool in child welfare services is the case plan.
(2)The Legislature further finds and declares that a case plan ensures that the child receives protection and safe and proper care and case management, and that services are provided to the child and parents or other caretakers, as appropriate, in order to improve conditions in the parents home, to facilitate the safe return of the child to a safe home or the permanent placement of the child, and to address the needs of the child while in foster care.
(3)The case plan shall be developed in collaboration with the child and family team as defined in paragraph (4) of subdivision (a) of Section 16501. The agency shall consider the recommendations of the child and family team. The agency shall document the rationale for any inconsistencies between the case plan and the child and family team recommendations.
(b)(1)A case plan shall be based upon the principles of this section and the input from the child and family team.
(2)The case plan shall document that a preplacement assessment of the service needs of the child and family, and preplacement preventive services, have been provided, and that reasonable efforts to prevent out-of-home placement have been made.
(3)In determining the reasonable services to be offered or provided, the childs health and safety shall be the paramount concerns.
(4)Upon a determination pursuant to paragraph (1) of subdivision (e) of Section 361.5 that reasonable services will be offered to a parent who is incarcerated in a county jail or state prison, detained by the United States Department of Homeland Security, or deported to his or her country of origin, the case plan shall include information, to the extent possible, about a parents incarceration in a county jail or the state prison, detention by the United States Department of Homeland Security, or deportation during the time that a minor child of that parent is involved in dependency care.
(5)Reasonable services shall be offered or provided to make it possible for a child to return to a safe home environment, unless, pursuant to subdivisions (b) and (e) of Section 361.5, the court determines that reunification services shall not be provided.
(6)If reasonable services are not ordered, or are terminated, reasonable efforts shall be made to place the child in a timely manner in accordance with the permanent plan and to complete all steps necessary to finalize the permanent placement of the child.
(c)If out-of-home placement is used to attain case plan goals, the case plan shall consider the recommendations of the child and family team.
(d)(1)The case plan shall include a description of the type of home or institution in which the child is to be placed, and the reasons for that placement decision. The decision regarding choice of placement shall be based upon selection of a safe setting that is the least restrictive or most familylike family setting that promotes normal childhood experiences and the most appropriate setting that is available and in available, close proximity to the parents home, in proximity to the childs school, and consistent with the selection of the environment best suited to meet the childs special needs and best interests. The selection shall consider, in order of priority, placement with relatives, nonrelated extended family members, and tribal members; foster family homes, resource families, and nontreatment certified homes of foster family agencies; followed by treatment and intensive treatment certified homes of foster family agencies; or multidimensional treatment foster care homes or therapeutic foster care homes; group care placements in the order of short-term residential treatment centers, group homes, community treatment facilities, and out-of-state residential treatment pursuant to Part 5 (commencing with Section 7900) of Division 12 of the Family Code.
(2)If a treatment placement is selected for a child, the case plan shall indicate the needs of the child that necessitate this placement, the plan for transitioning the child to a less restrictive environment, and the projected timeline by which the child will be transitioned to a less restrictive environment. This section of the case plan shall be reviewed and updated at least semiannually.
(A)The case plan for placements in a group home, or commencing January 1, 2017, in a short-term residential treatment center, shall indicate that the county has taken into consideration Section 16010.8.
(B)After January 1, 2017, a child and family team meeting as defined in Section 16501 shall be convened by the county placing agency for the purpose of identifying the supports and services needed to achieve permanency and enable the child or youth to be placed in the least restrictive, most family-like setting.
(3)On or after January 1, 2012, for a nonminor dependent, as defined in subdivision (v) of Section 11400, who is receiving AFDC-FC benefits up to 21 years of age pursuant to Section 11403, in addition to the above requirements, the selection of the placement, including a supervised independent living placement, as described in subdivision (w) of Section 11400, shall also be based upon the developmental needs of young adults by providing opportunities to have incremental responsibilities that prepare a nonminor dependent to transition to independent living. If admission to, or continuation in, a group home placement is being considered for a nonminor dependent, the group home placement approval decision shall include a youth-driven, team-based case planning process, as defined by the department, in consultation with stakeholders. The case plan shall consider the full range of placement options, and shall specify why admission to, or continuation in, a group home placement is the best alternative available at the time to meet the special needs or well-being of the nonminor dependent, and how the placement will contribute to the nonminor dependents transition to independent living. The case plan shall specify the treatment strategies that will be used to prepare the nonminor dependent for discharge to a less restrictive and more familylike setting, including a target date for discharge from the group home placement. The placement shall be reviewed and updated on a regular, periodic basis to ensure that continuation in the group home remains in the best interests of the nonminor dependent and that progress is being made in achieving case plan goals leading to independent living. The group home placement planning process shall begin as soon as it becomes clear to the county welfare department or probation office that a foster child in group home placement is likely to remain in group home placement on his or her 18th birthday, in order to expedite the transition to a less restrictive and more familylike setting if he or she becomes a nonminor dependent. The case planning process shall include informing the youth of all of his or her options, including, but not limited to, admission to or continuation in a group home placement. Consideration for continuation of existing group home placement for a nonminor dependent under 19 years of age may include the need to stay in the same placement in order to complete high school. After a nonminor dependent either completes high school or attains his or her 19th birthday, whichever is earlier, continuation in or admission to a group home is prohibited unless the nonminor dependent satisfies the conditions of paragraph (5) of subdivision (b) of Section 11403, and group home placement functions as a short-term transition to the appropriate system of care. Treatment services provided by the group home placement to the nonminor dependent to alleviate or ameliorate the medical condition, as described in paragraph (5) of subdivision (b) of Section 11403, shall not constitute the sole basis to disqualify a nonminor dependent from the group home placement.
(4)In addition to the requirements of paragraphs (1) to (3), inclusive, and taking into account other statutory considerations regarding placement, the selection of the most appropriate home that will meet the childs special needs and best interests shall also promote educational stability by taking into consideration proximity to the childs school of origin, and school attendance area, the number of school transfers the child has previously experienced, and the childs school matriculation schedule, in addition to other indicators of educational stability that the Legislature hereby encourages the State Department of Social Services and the State Department of Education to develop.
(e)A written case plan shall be completed within a maximum of 60 days of the initial removal of the child or of the in-person response required under subdivision (f) of Section 16501 if the child has not been removed from his or her home, or by the date of the dispositional hearing pursuant to Section 358, whichever occurs first. The case plan shall be updated, as the service needs of the child and family dictate. At a minimum, the case plan shall be updated in conjunction with each status review hearing conducted pursuant to Sections 364, 366, 366.3, and 366.31, and the hearing conducted pursuant to Section 366.26, but no less frequently than once every six months. Each updated case plan shall include a description of the services that have been provided to the child under the plan and an evaluation of the appropriateness and effectiveness of those services.
(1)It is the intent of the Legislature that extending the maximum time available for preparing a written case plan from 30 to 60 days will afford caseworkers time to actively engage families, and to solicit and integrate into the case plan the input of the child and the childs family, as well as the input of relatives and other interested parties.
(2)The extension of the maximum time available for preparing a written case plan from the 30 to 60 days shall be effective 90 days after the date that the department gives counties written notice that necessary changes have been made to the Child Welfare Services Case Management System to account for the 60-day timeframe for preparing a written case plan.
(f)The child welfare services case plan shall be comprehensive enough to meet the juvenile court dependency proceedings requirements pursuant to Article 6 (commencing with Section 300) of Chapter 2 of Part 1 of Division 2.
(g)The case plan shall be developed in collaboration with the child and family team, as follows:
(1)The case plan shall be based upon an assessment of the circumstances that required child welfare services intervention. The child shall be involved in developing the case plan as age and developmentally appropriate.
(2)The case plan shall identify specific goals and the appropriateness of the planned services in meeting those goals.
(3)The case plan shall identify the original allegations of abuse or neglect, as defined in Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the conditions cited as the basis for declaring the child a dependent of the court pursuant to Section 300, or all of these, and the other precipitating incidents that led to child welfare services intervention.
(4)The case plan shall include a description of the schedule of the placement agency contacts with the child and the family or other caretakers. The frequency of these contacts shall be in accordance with regulations adopted by the State Department of Social Services. If the child has been placed in foster care out of state, the county social worker or probation officer, or a social worker or probation officer on the staff of the agency in the state in which the child has been placed, shall visit the child in a foster family home or the home of a relative, consistent with federal law and in accordance with the departments approved state plan. For children in out-of-state group home facilities, visits shall be conducted at least monthly, pursuant to Section 16516.5. At least once every six months, at the time of a regularly scheduled placement agency contact with the foster child, the childs social worker or probation officer shall inform the child of his or her rights as a foster child, as specified in Section 16001.9. The social worker or probation officer shall provide the information to the child in a manner appropriate to the age or developmental level of the child.
(5)(A)When out-of-home services are used, the frequency of contact between the natural parents or legal guardians and the child shall be specified in the case plan. The frequency of those contacts shall reflect overall case goals, and consider other principles outlined in this section.
(B)Information regarding any court-ordered visitation between the child and the natural parents or legal guardians, and the terms and conditions needed to facilitate the visits while protecting the safety of the child, shall be provided to the childs out-of-home caregiver as soon as possible after the court order is made.
(6)When out-of-home placement is made, the case plan shall include provisions for the development and maintenance of sibling relationships as specified in subdivisions (b), (c), and (d) of Section 16002. If appropriate, when siblings who are dependents of the juvenile court are not placed together, the social worker for each child, if different, shall communicate with each of the other social workers and ensure that the childs siblings are informed of significant life events that occur within their extended family. Unless it has been determined that it is inappropriate in a particular case to keep siblings informed of significant life events that occur within the extended family, the social worker shall determine the appropriate means and setting for disclosure of this information to the child commensurate with the childs age and emotional well-being. These significant life events shall include, but shall not be limited to, the following:
(A)The death of an immediate relative.
(B)The birth of a sibling.
(C)Significant changes regarding a dependent child, unless the child objects to the sharing of the information with his or her siblings, including changes in placement, major medical or mental health diagnoses, treatments, or hospitalizations, arrests, and changes in the permanent plan.
(7)If out-of-home placement is made in a foster family home, group home, or other child care institution that is either a substantial distance from the home of the childs parent or out of state, the case plan shall specify the reasons why that placement is in the best interest of the child. When an out-of-state group home placement is recommended or made, the case plan shall, in addition, specify compliance with Section 7911.1 of the Family Code.
(8)Effective January 1, 2010, a case plan shall ensure the educational stability of the child while in foster care and shall include both of the following:
(A)An assurance that the placement takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement.
(B)An assurance that the placement agency has coordinated with the person holding the right to make educational decisions for the child and appropriate local educational agencies to ensure that the child remains in the school in which the child is enrolled at the time of placement or, if remaining in that school is not in the best interests of the child, assurances by the placement agency and the local educational agency to provide immediate and appropriate enrollment in a new school and to provide all of the childs educational records to the new school.
(9)(A)If out-of-home services are used, or if parental rights have been terminated and the case plan is placement for adoption, the case plan shall include a recommendation regarding the appropriateness of unsupervised visitation between the child and any of the childs siblings. This recommendation shall include a statement regarding the childs and the siblings willingness to participate in unsupervised visitation. If the case plan includes a recommendation for unsupervised sibling visitation, the plan shall also note that information necessary to accomplish this visitation has been provided to the child or to the childs siblings.
(B)Information regarding the schedule and frequency of the visits between the child and siblings, as well as any court-ordered terms and conditions needed to facilitate the visits while protecting the safety of the child, shall be provided to the childs out-of-home caregiver as soon as possible after the court order is made.
(10)If out-of-home services are used and the goal is reunification, the case plan shall describe the services to be provided to assist in reunification and the services to be provided concurrently to achieve legal permanency if efforts to reunify fail. The plan shall also consider in-state and out-of-state placements, the importance of developing and maintaining sibling relationships pursuant to Section 16002, and the desire and willingness of the caregiver to provide legal permanency for the child if reunification is unsuccessful.
(11)If out-of-home services are used, the child has been in care for at least 12 months, and the goal is not adoptive placement, the case plan shall include documentation of the compelling reason or reasons why termination of parental rights is not in the childs best interest. A determination completed or updated within the past 12 months by the department when it is acting as an adoption agency or by a licensed adoption agency that it is unlikely that the child will be adopted, or that one of the conditions described in paragraph (1) of subdivision (c) of Section 366.26 applies, shall be deemed a compelling reason.
(12)(A)Parents and legal guardians shall have an opportunity to review the case plan, and to sign it whenever possible, and then shall receive a copy of the plan. In a voluntary service or placement agreement, the parents or legal guardians shall be required to review and sign the case plan. Whenever possible, parents and legal guardians shall participate in the development of the case plan. Commencing January 1, 2012, for nonminor dependents, as defined in subdivision (v) of Section 11400, who are receiving AFDC-FC or CalWORKs assistance up to 21 years of age pursuant to Section 11403, the transitional independent living case plan, as set forth in subdivision (y) of Section 11400, shall be developed with, and signed by, the nonminor.
(B)Parents and legal guardians shall be advised that, pursuant to Section 1228.1 of the Evidence Code, neither their signature on the child welfare services case plan nor their acceptance of any services prescribed in the child welfare services case plan shall constitute an admission of guilt or be used as evidence against the parent or legal guardian in a court of law. However, they shall also be advised that the parents or guardians failure to cooperate, except for good cause, in the provision of services specified in the child welfare services case plan may be used in any hearing held pursuant to Section 366.21, 366.22, or 366.25 as evidence.
(13)A child shall be given a meaningful opportunity to participate in the development of the case plan and state his or her preference for foster care placement. A child who is 12 years of age or older and in a permanent placement shall also be given the opportunity to review the case plan, sign the case plan, and receive a copy of the case plan.
(14)The case plan shall be included in the court report and shall be considered by the court at the initial hearing and each review hearing. Modifications to the case plan made during the period between review hearings need not be approved by the court if the casework supervisor for that case determines that the modifications further the goals of the plan. If out-of-home services are used with the goal of family reunification, the case plan shall consider and describe the application of subdivision (b) of Section 11203.
(15)If the case plan has as its goal for the child a permanent plan of adoption or placement in another permanent home, it shall include a statement of the childs wishes regarding their permanent placement plan and an assessment of those stated wishes. The agency shall also include documentation of the steps the agency is taking to find an adoptive family or other permanent living arrangements for the child; to place the child with an adoptive family, an appropriate and willing relative, a legal guardian, or in another planned permanent living arrangement; and to finalize the adoption or legal guardianship. At a minimum, the documentation shall include child-specific recruitment efforts, such as the use of state, regional, and national adoption exchanges, including electronic exchange systems, when the child has been freed for adoption. If the plan is for kinship guardianship, the case plan shall document how the child meets the kinship guardianship eligibility requirements.
(16)(A)When appropriate, for a child who is 16 years of age or older and, commencing January 1, 2012, for a nonminor dependent, the case plan shall include the transitional independent living plan (TILP), a written description of the programs and services that will help the child, consistent with the childs best interests, to prepare for the transition from foster care to independent living, and, in addition, whether the youth has an in-progress application pending for Title XVI Supplemental Security Income benefits or for Special Immigrant Juvenile Status or other applicable application for legal residency and an active dependency case is required for that application. When appropriate, for a nonminor dependent, the transitional independent living case plan, as described in subdivision (v) of Section 11400, shall include the TILP, a written description of the programs and services that will help the nonminor dependent, consistent with his or her best interests, to prepare for transition from foster care and assist the youth in meeting the eligibility criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) Section 11403. If applicable, the case plan shall describe the individualized supervision provided in the supervised independent living placement as defined in subdivision (w) of Section 11400. The case plan shall be developed with the child or nonminor dependent and individuals identified as important to the child or nonminor dependent, and shall include steps the agency is taking to ensure that the child or nonminor dependent achieves permanence, including maintaining or obtaining permanent connections to caring and committed adults.
(B)During the 90-day period prior to the participant attaining 18 years of age or older as the state may elect under Section 475(8)(B)(iii) of the federal Social Security Act (42 U.S.C. Sec. 675(8)(B)(iii)), whether during that period foster care maintenance payments are being made on the childs behalf or the child is receiving benefits or services under Section 477 of the federal Social Security Act (42 U.S.C. Sec. 677), a caseworker or other appropriate agency staff or probation officer and other representatives of the participant, as appropriate, shall provide the youth or nonminor with assistance and support in developing the written 90-day transition plan, that is personalized at the direction of the child, information as detailed as the participant elects that shall include, but not be limited to, options regarding housing, health insurance, education, local opportunities for mentors and continuing support services, and workforce supports and employment services, a power of attorney for health care, and information regarding the advance health care directive form.
(C)For youth 16 years of age or older, the case plan shall include documentation that a consumer credit report was requested annually from each of the three major credit reporting agencies at no charge to the youth and that any results were provided to the youth. For nonminor dependents, the case plan shall include documentation that the county assisted the nonminor dependent in obtaining his or her reports. The case plan shall include documentation of barriers, if any, to obtaining the credit reports. If the consumer credit report reveals any accounts, the case plan shall detail how the county ensured the youth received assistance with interpreting the credit report and resolving any inaccuracies, including any referrals made for the assistance.
(h)If the court finds, after considering the case plan, that unsupervised sibling visitation is appropriate and has been consented to, the court shall order that the child or the childs siblings, the childs current caregiver, and the childs prospective adoptive parents, if applicable, be provided with information necessary to accomplish this visitation. This section does not require or prohibit the social workers facilitation, transportation, or supervision of visits between the child and his or her siblings.
(i)The case plan documentation on sibling placements required under this section shall not require modification of existing case plan forms until the Child Welfare Services Case Management System is implemented on a statewide basis.
(j)When a child is 10 years of age or older and has been in out-of-home placement for six months or longer, the case plan shall include an identification of individuals, other than the childs siblings, who are important to the child and actions necessary to maintain the childs relationship with those individuals, provided that those relationships are in the best interest of the child. The social worker or probation officer shall ask every child who is 10 years of age or older and who has been in out-of-home placement for six months or longer to identify individuals other than the childs siblings who are important to the child, and may ask any other child to provide that information, or may seek that information from the child and family team, as appropriate. The social worker or probation officer shall make efforts to identify other individuals who are important to the child, consistent with the childs best interests.
(k)The childs caregiver shall be provided a copy of a plan outlining the childs needs and services. The nonminor dependents caregiver shall be provided with a copy of the nonminors TILP.
(l)On or before June 30, 2008, the department, in consultation with the County Welfare Directors Association of California and other advocates, shall develop a comprehensive plan to ensure that 90 percent of foster children are visited by their caseworkers on a monthly basis by October 1, 2011, and that the majority of the visits occur in the residence of the child. The plan shall include any data reporting requirements necessary to comply with the provisions of the federal Child and Family Services Improvement Act of 2006 (Public Law 109-288).
(m)The implementation and operation of the amendments to subdivision (i) enacted at the 200506 Regular Session shall be subject to appropriation through the budget process and by phase, as provided in Section 366.35.
SEC. 96.SEC. 101.Section 16519.5 of the Welfare and Institutions Code is amended to read:16519.5.(a)The State Department of Social Services, in consultation with county child welfare agencies, foster parent associations, and other interested community parties, shall implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, approving relatives and nonrelative extended family members as foster care providers, and approving adoptive families.
(b)(1)Counties shall be selected to participate on a voluntary basis as early implementation counties for the purpose of participating in the initial development of the approval process. Early implementation counties shall be selected according to criteria developed by the department in consultation with the County Welfare Directors Association. In selecting the five early implementation counties, the department shall promote diversity among the participating counties in terms of size and geographic location.
(2)Additional counties may participate in the early implementation of the program upon authorization by the department.
(c)(1)For the purposes of this chapter, resource family means an individual or couple that a participating county or foster family agency determines to have successfully met both the home approval 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 childrens 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 childs case plan.
(D)The financial ability within the household to ensure the stability and financial security of the family.
(E)An ability and willingness to maintain the least restrictive and most familylike environment provide a family setting that promotes normal childhood experiences that serves the needs of the child.
(2)Subsequent to meeting the criteria set forth in this subdivision and designation as a resource family, a resource family shall be considered eligible to provide foster care for related and unrelated children in out-of-home placement, shall be considered approved for adoption or guardianship, and shall not have to undergo any additional approval or licensure as long as the family lives in a county participating in the program.
(3)Resource family assessment and approval means that the applicant successfully meets the standard for home approval, and has successfully completed a permanency assessment. home environment assessment and permanency assessment standards. This approval is in lieu of the existing foster care license, relative or nonrelative extended family member approval, and the adoption home study approval.
(4)Approval of a resource family does not guarantee an initial or continued placement of a child with a resource family.
(d)Prior to implementation of this program, the department shall adopt standards pertaining to the home approval environment and permanency assessment assessments of a resource family.
(1)Resource family home approval environment assessment standards shall include, but not be limited to, all of the following:
(A)(i)Criminal records clearance of all adults residing in, or regularly present in, the home, and not exempted from fingerprinting, as set forth in subdivision (b) of Section 1522 of the Health and Safety Code, pursuant to Section 8712 of the Family Code, utilizing a check of the Child Abuse Central Index (CACI), and receipt of a fingerprint-based state and federal criminal offender record information search response. The criminal history information shall include subsequent state and federal arrest and disposition notifications pursuant to Section 11105.2 of the Penal Code.
(ii)Consideration of any substantiated allegations of child abuse or neglect against either the applicant or any other adult residing in the home. An approval may not be granted to applicants whose criminal record indicates a conviction for any of the offenses specified in subdivision (g) of Section 1522 of the Health and Safety Code.
(iii)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, except for the civil penalty language, the criminal background check provisions specified in subdivisions (d) through (f) of Section 1522 of the Health and Safety Code shall apply. Exemptions from the criminal records clearance requirements set forth in this section may be granted by the director or the early implementation county, if that county has been granted permission by the director to issue criminal records exemptions pursuant to Section 361.4, using the exemption criteria currently used for foster care licensing as specified in subdivision (g) of Section 1522 of the Health and Safety Code.
(B)Buildings and grounds and storage requirements set forth in Sections 89387 and 89387.2 of Title 22 of the California Code of Regulations.
(C)In addition to the foregoing requirements, the resource family home approval 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 childs 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.
(D)The results of a caregiver risk assessment are consistent with the factors listed in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (c). A caregiver risk assessment shall include, but not be limited to, physical and mental health, alcohol and other substance use and abuse, and family and domestic violence.
(2)The resource family permanency assessment standards shall include, but not be limited to, all of the following:
(A)The applicant shall complete caregiver training.
(B)(i)The applicant shall complete a psychosocial assessment, which shall include the results of a risk assessment.
(ii)A caregiver risk assessment shall include, but shall not be limited to, physical and mental health, alcohol and other substance use and abuse, family and domestic violence, and the factors listed in subparagraphs (A) and (D) of paragraph (1) of subdivision (c).
(C)The applicant shall complete any other activities that relate to a resource familys ability to achieve permanency with the child.
(e)(1)A child may be placed with a resource family that has received home approval successfully completed the home environment assessment prior to completion of a permanency assessment only if a compelling reason for the placement exists based on the needs of the child.
(2)The permanency assessment shall be completed within 90 days of the childs placement in the approved home, unless good cause exists based upon the needs of the child.
(3)If additional time is needed to complete the permanency assessment, the county shall document the extenuating circumstances for the delay and generate a timeframe for the completion of the permanency assessment.
(4)The county shall report to the department on a quarterly basis the number of families with a child in an approved home whose permanency assessment goes beyond 90 days and summarize the reasons for these delays.
(5)A child may be placed with a relative, as defined in Section 319, or nonrelative extended family member, as defined in Section 362.7, prior to home approval and completion of the permanency assessment applying as a resource family only on an emergency basis if all of the following requirements are met:
(A)Consideration of the results of a criminal records check conducted pursuant to Section 16504.5 of the relative or nonrelative extended family member and of every other adult in the home.
(B)Consideration of the results of the Child Abuse Central Index (CACI) consistent with Section 1522.1 of the Health and Safety Code of the relative or nonrelative extended family member, and of every other adult in the home.
(C)The home and grounds are free of conditions that pose undue risk to the health and safety of the child.
(D)For any placement made pursuant to this paragraph, the county shall initiate the home approval process environment assessment no later than five business days after the placement, which shall include a face-to-face interview with the resource family applicant and child.
(E)For any placement made pursuant to this paragraph, AFDC-FC funding shall not be available until the home has been approved. approval of the resource family has been completed.
(F)Any child placed under this section shall be afforded all the rights set forth in Section 16001.9.
(f)The State Department of Social Services shall be responsible for all of the following:
(1)Selecting early implementation counties, based on criteria established by the department in consultation with the County Welfare Directors Association.
(2)Establishing timeframes for participating counties to submit an implementation plan, enter into terms and conditions for participation in the program, train appropriate staff, and accept applications from resource families.
(3)Entering into terms and conditions for participation in the program by counties.
(4)Administering the early implementation of the program through the issuance of written directives that shall have the same force and effect as regulations. Any directive affecting Article 1 (commencing with Section 700) of Chapter 7 of Title 11 of the California Code of Regulations shall be approved by the Department of Justice. The directives shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340)) of Part 1 of Division 3 of Title 2 of the Government Code.
(5)Approving and requiring the use of a single standard for resource family home approval and permanency assessment. approval.
(6)Adopting and requiring the use of standardized documentation for the home approval and permanency assessment environment and permanency assessments of resource families.
(7)Requiring counties to monitor resource families including, but not limited to, all of the following:
(A)Investigating complaints of resource families.
(B)Developing and monitoring resource family corrective action plans to correct identified deficiencies and to rescind resource family approval if compliance with corrective action plans is not achieved.
(8)Ongoing oversight and monitoring of county systems and operations including all of the following:
(A)Reviewing the countys implementation of the program.
(B)Reviewing an adequate number of approved resource families in each participating county to ensure that approval standards are being properly applied. The review shall include case file documentation, and may include onsite inspection of individual resource families. The review shall occur on an annual basis, and more frequently if the department becomes aware that a participating county is experiencing a disproportionate number of complaints against individual resource family homes.
(C)Reviewing county reports of serious complaints and incidents involving approved resource families, as determined necessary by the department. The department may conduct an independent review of the complaint or incident and change the findings depending on the results of its investigation.
(D)Investigating unresolved complaints against participating counties.
(E)Requiring corrective action of counties that are not in full compliance with the terms and conditions of the program.
(9)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.
(10)Implementing due process procedures, including all of the following:
(A)Providing a statewide fair hearing process for denials, rescissions, or exclusion actions.
(B)Amending applicable state hearing procedures and regulations.
(C)Use of the Administrative Procedure Act, as necessary for the administration of the program.
(g)Counties participating in the program shall be responsible for all of the following:
(1)Submitting an implementation plan, entering into terms and conditions for participation in the program, consulting with the county probation department in the development of the implementation plan, training appropriate staff, and accepting applications from resource families within the timeframes established by the department.
(2)Complying with the written directives pursuant to paragraph (4) of subdivision (f).
(3)Implementing the requirements for resource family home approval and permanency assessment approval and utilizing standardized documentation established by the department.
(4)(A)Ensuring staff have the education and experience necessary to complete the home approval and permanency assessment environment and psychosocial assessments competently.
(B)A county may contract with a licensed adoption agency to complete the permanency assessment. A permanency assessment completed by a licensed adoption agency shall be reviewed and approved by the county.
(5)Approving and denying resource family applications, rescinding home approval, approvals of resource families, or related actions, including all of the following:
(A)Rescinding home approvals and resource family approvals, excluding a resource family parent or other individual from presence in a resource family home, or from being a member of the board of directors, an executive director, or an officer of a licensee, or prohibiting a licensee from employing the resource family parent or other individual, if appropriate, consistent with the established standard.
(B)Providing a resource family parent, applicant, or excluded individual requesting review of that decision with due process pursuant to the departments statues, regulations, and written directives.
(C)Notifying the department of any decisions denying a resource familys application or rescinding the approval of a resource family, excluding an individual, or taking other administrative action.
(D)Issuing a temporary suspension order that suspends the resource family approval prior to a hearing, when urgent action is needed to protect a child or nonminor dependent who is or may be placed in the home from physical or mental abuse, abandonment, or any other substantial threat to health or safety.
(6)Updating resource family approval annually.
(7)Monitoring resource families through all of the following:
(A)Ensuring that social workers who identify a condition in the home that may not meet the approval standards set forth in subdivision (d) while in the course of a routine visit to children placed with a resource family take appropriate action as needed.
(B)Requiring resource families to comply with corrective action plans as necessary to correct identified deficiencies. If corrective action is not completed as specified in the plan, the county may rescind the resource family approval.
(C)Requiring resource families to report to the county child welfare agency any incidents consistent with the reporting requirements for licensed foster family homes.
(8)Investigating all complaints against a resource family and taking action as necessary. This shall include investigating any incidents reported about a resource family indicating that the approval standard is not being maintained.
(A)The childs social worker shall not conduct the formal investigation into the complaint received concerning a family providing services under the standards required by subdivision (d). To the extent that adequate resources are available, complaints shall be investigated by a worker who did not initially perform the home approval or permanency assessment. conduct the home environment or psychosocial assessments.
(B)Upon conclusion of the complaint investigation, the final disposition shall be reviewed and approved by a supervising staff member.
(C)The department shall be notified of any serious incidents or serious complaints or any incident that falls within the definition of Section 11165.5 of the Penal Code. If those incidents or complaints result in an investigation, the department shall also be notified as to the status and disposition of that investigation.
(9)Performing corrective action as required by the department.
(10)Assessing county performance in related areas of the California Child and Family Services Review System, and remedying problems identified.
(11)Submitting information and data that the department determines is necessary to study, monitor, and prepare the report specified in paragraph (9) of subdivision (f).
(12)Ensuring that resource families have the necessary knowledge, skills, and abilities to support children in foster care by completing caregiver training. The training should include a curriculum that supports the role of a resource family in parenting vulnerable children and should be ongoing in order to provide resource families with information on trauma-informed practices and requirements and other topics within the foster care system.
(13)Ensuring that a resource family applicant completes a minimum number of training hours which shall include a minimum of 12 hours of preapproval training. The preapproval training shall include, but not be limited to, all of the following training 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, including, but not limited to, the authorization, uses, risks, benefits, assistance with self-administration, oversight, and monitoring of psychotropic and other medications, and trauma, behavioral health, and other available behavioral health treatments, for children receiving child welfare services, including how to access those treatments. care.
(E)Accessing education and health services available to foster children. services and supports to address education needs, physical and mental health, and substance use disorders available to foster children, including culturally relevant services.
(F)The rights of a child in foster care, and the resource familys responsibility to safeguard those rights, including the right to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(G)Cultural needs of children, including instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(H)Basic instruction on existing laws and procedures regarding the safety of foster youth at school; and ensuring a harassment and violence free school environment pursuant to Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(I)Permanence and well-being Permanence, well-being, and education needs of children.
(J)Child and adolescent development. 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 childs 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 familys responsibility to act as a reasonable and prudent parent; and to maintain the least restrictive, most family-like environment that serves the needs of the child.
(N)Preparation of children for a successful transition to adulthood.
(O)Understanding the federal Indian Child Welfare Act, its historical significance, the rights of children covered by the act, and the best interests of those 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.
(14)Ensuring approved resource families complete a minimum of eight training hours annually. The annual training shall include, but not be limited to, all of the following training courses:
(A)Age-appropriate child development.
(B)Health issues in foster care, including, but not limited to, the authorization, uses, risks, benefits, assistance with self-administration, oversight, and monitoring of psychotropic and other medications, and trauma, behavioral health, and other available behavioral health treatments, for children receiving child welfare services, including how to access those treatments.
(C)Positive discipline and the importance of self-esteem.
(D)Preparation of children for a successful transition to adulthood.
(E)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(F)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(M)A resource familys responsibility to act as a reasonable and prudent parent, 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 paragraph (13).
(14)Ensuring approved resource families complete a minimum of eight training hours annually, a portion of which shall be from one or more of the topics listed in paragraph (13).
(h)In addition to any training required by this section, a resource family may be required to receive specialized training, as relevant, 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 using medications. monitoring.
(4)Understanding the federal Indian Child Welfare Act, its historical significance, the rights of children covered by the act, and the best interests of those 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 medically fragile children. 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)Approved relatives and nonrelative extended family members, licensed foster family homes, or approved adoptive homes that have completed the license or approval process prior to full implementation of the program shall not be considered part of the program. The otherwise applicable assessment and oversight processes shall continue to be administered for families and facilities not included in the program.
(2) Upon implementation of the program in a county, that county may not accept new applications for the licensure of foster family homes, the approval of relative and nonrelative extended family members, or the approval of prospective adoptive homes.
(k)The department may waive regulations that pose a barrier to implementation and operation of this program. The waiver of any regulations by the department pursuant to this section shall apply to only those counties or foster family agencies participating in the program and only for the duration of the program.
(l)Resource families approved under initial implementation of the program, who move within an early implementation county or who move to another early implementation county, shall retain their resource family status if the new building and grounds, outdoor activity areas, and storage areas meet home approval environment standards. The State Department of Social Services or early implementation county may allow a program-affiliated individual to transfer his or her subsequent arrest notification if the individual moves from one early implementation county to another early implementation county, as specified in subdivision (h) of Section 1522 of the Health and Safety Code.
(m)(1)The approval of a resource family who moves to a nonparticipating county remains in full force and effect pending a determination by the county approval agency or the department, as appropriate, whether the new building and grounds and storage areas meet applicable standards, and whether all adults residing in the home have a criminal records clearance or exemptions granted, using the exemption criteria used for foster care licensing, as specified in subdivision (g) of Section 1522 of the Health and Safety Code. Upon this determination, the nonparticipating county shall either approve the family as a relative or nonrelative extended family member, as applicable, or the department shall license the family as a foster family home.
(2)Subject to the requirements in paragraph (1), the family shall continue to be approved for guardianship and adoption. Nothing in this subdivision shall limit a county or adoption agency from determining that the family is not approved for guardianship or adoption based on changes in the familys circumstances or permanency psychosocial assessment.
(3)A program-affiliated individual who moves to a nonparticipating county may not transfer his or her subsequent arrest notification from a participating county to the nonparticipating county.
(n)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.
(o)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 (s) and (t), 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.
(p)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.
(q)Except as provided, approved resource families under this program shall be exempt from all of the following:
(1)Licensure requirements set forth under the Community Care Facilities Act, commencing with Section 1500 of the Health and Safety Code, and all regulations promulgated thereto.
(2)Relative and nonrelative extended family member approval requirements set forth under Sections 309, 361.4, and 362.7, and all regulations promulgated thereto.
(3)Adoptions approval and reporting requirements set forth under Section 8712 of the Family Code, and all regulations promulgated thereto.
(r)(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.
(2)No later than July 1, 2017, each county shall provide the following information to all licensed foster family homes and all approved relatives and nonrelative extended family members:
(A)A detailed description of the resource family approval program.
(B)That, in order to care for a foster child, resource family approval is required by December 31, 2019.
(C)That a foster family home license and an approval of a relative or nonrelative extended family member shall be forfeited by operation of law as provided for in paragraph (3).
(3)No later than January 1, 2018, the following shall apply to all licensed foster family homes and approved relative and nonrelative extended family members:
(A)A licensed foster family home, and an approved relative or nonrelative extended family member with an approved adoptive home study completed prior to January 1, 2018, shall be deemed to be an approved resource family.
(B)A licensed foster family home, and an approved relative or nonrelative extended family member who had a child in placement at any time, 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 (2) of subdivision (d).
(i)A county may provide supportive services to all licensed foster family home providers, relatives, and nonrelative extended family members with a child in placement to assist with the resource family transition and to minimize placement disruptions.
(4)All foster family licenses and approvals of a relative or nonrelative extended family member shall be forfeited by operation on December 31, 2019, except as provided herein:
(A)All licensed foster family homes that did not have a child in placement at any time, for any length of time, between January 1, 2017, and December 31, 2017, inclusive, shall forfeit the license by operation of law on January 1, 2018.
(B)For foster family home licensees and approved relatives or nonrelative extended family members who have a pending resource family application on December 31, 2019, the foster family home license or relative and nonrelative extended family member approval shall be forfeited by operation of law on the date of approval as a resource family. If approval is denied, forfeiture by operation of law shall occur on the date of completion of any proceedings required by law to ensure due process.
(s)On and after January 1, 2017, all licensed foster family agencies shall approve resource families in lieu of certifying foster homes. A foster family agency shall require its applicants and resource families to meet the resource family approval standards and requirements set forth in this chapter and in the written directives adopted pursuant to this chapter prior to approval and in order to maintain approval.
(t)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.
SEC. 97.SEC. 102.Section 16519.52 is added to the Welfare and Institutions Code, to read:16519.52.(a)A resource family may install and use delayed egress devices of the time delay type in the home of the resource family.
(b)As used in this section, delayed egress device means a device that precludes the use of exits for a predetermined period of time. These devices shall not delay any residents departure from the home for longer than 30 seconds.
(c)Within the 30 seconds of delay, a resource family may attempt to redirect a resident who attempts to leave the home.
(d)Any person accepted by a resource family using delayed egress devices in the home shall meet all of the following conditions:
(1)The person shall have a developmental disability, as defined in Section 4512.
(2)The person shall be receiving services and case management from a regional center under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)).
(3)An interdisciplinary team, through the Individual Program Plan (IPP) process pursuant to Section 4646.5, shall have determined that the person lacks hazard awareness or impulse control and requires the level of supervision afforded by a resource family in a home equipped with delayed egress devices, and that, but for this placement, the person would be at risk of admission to, or would have no option but to remain in, a more restrictive state hospital or state developmental center placement.
(e)The home shall be subject to all fire and building codes, regulations, and standards applicable to residential care facilities for the elderly utilizing delayed egress devices, and shall receive approval by the county or city fire department, the local fire prevention district, or the State Fire Marshal for the installed delayed egress devices.
(f)The resource family shall provide training regarding the use and operation of the egress control devices used by any person caring for a resident, protection of residents personal rights, lack of hazard awareness and impulse control behavior, and emergency evacuation procedures.
(g)The resource family shall develop a plan of operation that is authorized by the approving county and includes a description of how the home is to be equipped with egress control devices that are consistent with regulations adopted by the State Fire Marshal pursuant to Section 13143 of the Health and Safety Code.
(h)The plan shall include, but shall not be limited to, all of the following:
(1)A description of how the resource family will provide training for persons caring for a resident regarding the use and operation of the egress control devices used in the home.
(2)A description of how the resource family will ensure the protection of the residents personal rights consistent with Sections 4502, 4503, and 4504.
(3)A description of how the resource family will manage the persons lack of hazard awareness and impulse control behavior.
(4)A description of the resource familys emergency evacuation procedures.
(i)Delayed egress devices shall not substitute for adequate supervision. The capacity of the home shall not exceed six residents.
(j)Emergency fire and earthquake drills shall be conducted at least once every three months, and shall include all persons providing resident care and supervision.
SEC. 98.SEC. 103.Section 16519.53 is added to the Welfare and Institutions Code, to read:16519.53.(a)A resource family shall be authorized to administer emergency medical assistance and injections for severe diabetic hypoglycemia and anaphylactic shock to a foster child in placement in accordance with subdivision (a) of Section 1507.25 of the Health and Safety Code.
(b)A resource family shall be authorized to administer subcutaneous injections of other medications, including insulin, as prescribed by a childs physician, to a foster child in placement in accordance with subdivision (b) of Section 1507.25 of the Health and Safety Code.
SEC. 99.SEC. 104.Section 16519.54 is added to the Welfare and Institutions Code, to read:16519.54.Notwithstanding any other law, a resource family shall not be subject to civil penalties imposed pursuant to the Community Care Facilities Care Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code).
SEC. 100.SEC. 105.Section 16519.55 is added to the Welfare and Institutions Code, to read:16519.55.(a)Subject to subdivision (b), to encourage the recruitment of resource families, to protect their personal privacy, and to preserve the security of confidentiality of the placements with resource families, the names, addresses, and other identifying information of resource families shall be considered personal information for purposes of the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). This information shall not be disclosed by any state or local agency pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), except as necessary for administering the resource family approval program, facilitating the placement of children with resource families, and providing names and addresses only to bona fide professional foster parent organizations upon request.
(b)The department, a county, or a foster family agency may request information from, or divulge information to, the department, a county, or a foster family agency, regarding a prospective resource family for the purpose of and as necessary to conduct a reference check to determine whether it is safe and appropriate to approve an applicant to be a resource family.
SEC. 101.SEC. 106.Section 16519.6 is added to the Welfare and Institutions Code, to read:16519.6.(a)All hearings conducted pursuant to Section 16519.5 shall be conducted in accordance with the requirements of this section.
(b)The procedures set forth in Chapter 7 (commencing with Section 10950) of Part 2 apply to matters set before the State Hearings Division, except as otherwise provided in this section.
(c)The procedures for conducting a hearing for a matter governed by Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, and the procedures set forth in the Administrative Procedure Act apply, except as otherwise provided in this section.
(d)Notwithstanding Section 10951, a resource family, applicant, or excluded individual may file an appeal within 25 days of service of a notice of action. Pursuant to Section 1013 of the Code of Civil Procedure, if the notice of action is served by mail, the time to respond shall be extended five days, not to exceed 30 days to file the appeal.
(e)Notwithstanding Section 10951, a countys action shall be final, or for matters set before the division or office designated to conduct state hearings, an action shall be subject to dismissal, if the resource family, applicant, or excluded individual does not file an appeal to the notice of action within the prescribed time.
(f)Except as provided in subdivisions (g) and (h), and notwithstanding Section 10952, a hearing under this section shall be held within 90 days following the receipt of a timely appeal or notice of defense, unless a continuance of the hearing is granted for good cause.
(g)If the county or department has issued an immediate exclusion order, the timelines and provisions set forth in Section 1558 of the Health and Safety Code shall apply, unless a continuance of the hearing is granted for good cause.
(h)If the county or department has issued a temporary suspension order, the hearing shall be held within 30 days following the receipt of a timely appeal or notice of defense. The temporary suspension order shall remain in effect until the time the hearing is completed and the director has made a final determination on the merits. However, the temporary suspension order shall be deemed vacated if the director fails to make a final determination on the merits within 30 days after receipt of the proposed decision by the county or department.
(i)Upon a finding of noncompliance, the department may require a foster family agency to deny or rescind the approval of a home, or take other action deemed necessary for the protection of a child who is or who may be placed in the home. The resource family, applicant, or excluded individual shall be afforded the due process provided pursuant to this section.
(1)If the department requires a foster family agency to deny or rescind the approval, the department shall serve an order of denial or rescission notifying the resource family, applicant, and foster family agency of the basis of the departments action and of the right to a hearing.
(2)The departments order of the denial or rescission of the approval shall remain in effect until the hearing is completed and the director has made a final determination on the merits.
(3)A foster family agencys failure to comply with the departments order to deny or rescind the approval by placing or retaining a child in care shall be grounds for disciplining the foster family agency pursuant to Section 1550 of the Health and Safety Code.
(j)A resource family, applicant, or excluded individual who files an appeal to a notice of action pursuant to this section shall, as part of the appeal, provide his or her current mailing address. The resource family, applicant, or excluded individual shall subsequently notify the county, or department if applicable, in writing of any change in mailing address, until the hearing process has been completed or terminated.
(k)Service by mail of a notice or other writing on a resource family, applicant, or excluded individual in a procedure provided herein is effective if served to the last mailing address on file with the county or department. Service of a notice of action may be by personal service or by first class mail. If the last day for performance of any action required herein falls on a holiday, then such period shall be extended to the next day which is not a holiday.
(l)In all proceedings conducted in accordance with this section the burden of proof shall be by a preponderance of the evidence.
(m)The county or department may institute or continue an administrative proceeding against a resource family, applicant, or excluded individual upon any ground provided by this section, enter an order denying or rescinding the approval, exclude an associated individual, issue a temporary suspension order, or otherwise take disciplinary action against a resource family, applicant, or excluded individual, notwithstanding any resignation, withdrawal, surrender of approval, or denial or rescission of the approval by a foster family agency.
SEC. 102.SEC. 107.Section 18251 of the Welfare and Institutions Code is amended to read:18251.As used in this chapter:
(a)County means each county participating in an individualized or wraparound services program.
(b)County placing agency means a county welfare or probation department, or a county mental health department.
(c)Eligible child means a child or nonminor dependent, as described in subdivision (v) of Section 11400, who is any of the following:
(1)A child or nonminor dependent who has been adjudicated as either a dependent, transition dependent, or ward of the juvenile court pursuant to Section 300, 450, 601, or 602 and who would be placed in a group home licensed by the department at a rate classification level of 10 or higher, or commencing January 1, 2017, would be placed in a short-term residential treatment center.
(2)A child or nonminor dependent who is currently, or who would be, placed in a group home licensed by the department at a rate classification level of 10 or higher, or commencing January 1, 2017, would be placed in a short-term residential treatment center.
(3)A child who is eligible for adoption assistance program benefits when the responsible public agency has approved the provision of wraparound services in lieu of out-of-home placement care at a rate classification level of 10 or higher, or commencing January 1, 2017, would be placed in a short-term residential treatment center.
(d)Wraparound services means community-based intervention services that emphasize the strengths of the child and family and includes the delivery of coordinated, highly individualized unconditional services to address needs and achieve positive outcomes in their lives.
(e)Service allocation slot means a specified amount of funds available to the county to pay for an individualized intensive wraparound services package for an eligible child. A service allocation slot may be used for more than one child on a successive basis.
SEC. 103.SEC. 108.Section 18254 of the Welfare and Institutions Code is amended to read:18254.(a)Rates for wraparound services, under the wraparound services program, shall be based on the following factors:
(1)The average cost of rate classification 10 to 11 in each county, minus the cost of any concurrent out-of-home placement, for children who are or would be placed in a rate level 10 or 11 group home.
(2)The average cost of rate classification 12 to 14 in each county, minus the cost of any concurrent out-of-home placement, for children who are or would be placed in a rate level 12 to 14 group home.
(b)(1)Prior to the 201112 fiscal year, the department shall reimburse each county, for the purpose of providing intensive wraparound services, up to 100 percent of the state share of nonfederal funds, to be matched by each countys share of cost as established by law, and to the extent permitted by federal law, up to 100 percent of the federal funds allocated for group home placements of eligible children, at the rate authorized pursuant to subdivision (a).
(2)Beginning in the 201112 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
(c)County, and to the extent permitted by federal law, federal, foster care funds shall remain with the administrative authority of the county, which may enter into an interagency agreement to transfer those funds, and shall be used to provide intensive wraparound services.
(d)Costs for the provision of benefits to eligible children, at rates authorized by subdivision (a), through the wraparound services program authorized by this chapter, shall not exceed the costs which would otherwise have been incurred had the eligible children been placed in a group home.
(e)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 104.SEC. 109.Section 18254 is added to the Welfare and Institutions Code, to read:18254.(a)Commencing January 1, 2017, the rate for wraparound services, under the wraparound services program, shall be eight thousand five hundred seventy-three dollars ($8,573), based on the average cost of rate classification levels 10.5 and 13 in effect for the 201415 fiscal year.
(1)The rate was determined by using the existing rates determined for the 201415 fiscal year for rate classification levels 10.5 and 13.
(A)Combining and calculating the average of the two.
(B)Minus the cost of any concurrent out-of-home placement for children who are or would be placed in a rate classification level 10 to 11 and 12 to 14 group home, respectively.
(b)For each fiscal year, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
(c)County and federal foster care funds, to the extent permitted by federal law, shall remain with the administrative authority of the county, which may enter into an interagency agreement to transfer those funds, and shall be used to provide intensive wraparound services.
(d)Costs for the provision of benefits to eligible children, at rates authorized by subdivision (a), through the wraparound services program authorized by this chapter, shall not exceed the costs that otherwise would have been incurred had the eligible children been placed in a short-term residential treatment center.
(e)Commencing January 1, 2018, and each January 1 thereafter, an annual cost-of-living increase shall be applied to the wraparound rate, subject to the availability of county funds, equal to the California Necessities Index used in the preparation of the May Revision for the current fiscal year.
SEC. 105.SEC. 110.Notwithstanding the provisions of this act, on and after January 1, 2017, facilities with licensed capacity of 184 that were in operation prior to January 1, 2015, that offer placements for the purpose of attending an onsite high school, may continue to operate under an appropriate licensing category determined by the State Department of Social Services as long as those facilities submit to the department a transition plan describing how the program will comply with the provisions of this act, pursuant to a timeframe to be determined with the department.
SEC. 106.SEC. 111.(a)The State Department of Social Services and the State Department of Health Care Services shall adopt regulations as required to implement the provisions of this act.
(b)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the departments identified in subdivision (a) may implement and administer the changes made by this legislation through all-county letters or similar written instructions until regulations are adopted.
SEC. 107.SEC. 112.The State Department of Social Services shall provide periodic progress updates to the Legislature on the implementation of this act.
SEC. 108.SEC. 113.The State Department of Social Services shall work with counties that operate shelters, probation agencies, homeless shelter providers, residential education providers, and others as determined by the department to identify jointly developed alternative timeframes or criteria to be met in order to address the unique circumstances and needs of the populations they serve, while remaining consistent with the principles of this act.
SEC. 109.SEC. 114.The Legislature finds and declares that this act, which adds Section 16519.55 to the Welfare and Institutions Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to encourage the recruitment of resource families, to protect their personal privacy, and to preserve the security of confidentiality of the placements with resource families, it is necessary that the names, addresses, and other identifying information of resource families not be disclosed by any state or local agency pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), except as necessary for administering the resource family approval program, facilitating the placement of children with resource families, and providing names and addresses only to bona fide professional foster parent organizations upon request.
SEC. 110.SEC. 115.Except as required by Section 36 of Article XIII of the California Constitution, no reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs because, in that regard, this act implements a federal law or regulation and results in costs mandated by the federal government, within the meaning of Section 17556 of the Government Code.
No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
With regard to other costs, to the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state nor otherwise be subject to Section 6 of Article XIII B of the California Constitution.
It is the intent of the Legislature in adopting this act to improve Californias child welfare system and its outcomes by using comprehensive initial child assessments, increasing the use of home-based family care and the provision of services and supports to home-based family care, reducing the use of congregate care placement settings, and creating faster paths to permanency resulting in shorter durations of involvement in the child welfare and juvenile justice systems. These changes, along with other provisions in this act, require initial investments in the child welfare system. When implemented, the act will reduce overall costs to local agencies and allow local savings to be reinvested in child welfare. The Legislature therefore intends that funding beginning with the 201516 fiscal year for the initial implementation of this act be short term. Because the act will result in overall fiscal savings to local agencies, the act shall not have the overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Public Safety Realignment. The act therefore will not require the state to provide annual funding described in Section 36 of Article XIII of the California Constitution after the state provides short-term funding for local agencies initial implementation of the act.
SECTION 1.It is the intent of the Legislature in adopting this act to improve Californias child welfare system and its outcomes by using comprehensive initial child assessments, increasing the use of home-based family care and the provision of services and supports to home-based family care, reducing the use of congregate care placement settings, and creating faster paths to permanency resulting in shorter durations of involvement in the child welfare and juvenile justice systems. These changes, along with other provisions in this act, require initial investments in the child welfare system. It is expected that this act, and the initial short-term funding provided by the state to local agencies to implement this act, will reduce overall costs to local agencies and allow local savings to be reinvested in child welfare services. When overall costs to a local agency are reduced, annual funding by the state to the local agency will only be provided as described in Section 36 of Article XIII of the California Constitution.
SEC. 2.Section 7911 of the Family Code is amended to read:7911.The Legislature finds and declares all of the following:
(a)The health and safety of California children placed by a county social services agency or probation department out of state pursuant to the provisions of the Interstate Compact on the Placement of Children are a matter of statewide concern.
(b)The Legislature therefore affirms its intention that the State Department of Social Services has full authority to require an assessment and placement recommendation by a county multidisciplinary team prior to placement of a child in an out-of-state group home, to investigate allegations of child abuse or neglect of minors so placed, and to ensure that out-of-state group homes, accepting California children, meet all California group home licensing standards.
(c)The Legislature also affirms its intention that, on and after January 1, 2017, the licensing standards applicable to out-of-state group homes certified by the department shall be those required of short-term residential treatment centers operated in this state.
(d)This section is declaratory of existing law with respect to the Governors designation of the State Department of Social Services to act as the compact administrator and of that department to act as the single state agency charged with supervision of public social services under Section 10600 of the Welfare and Institutions Code.
SEC. 3.Section 7911.1 of the Family Code is amended to read:7911.1.(a)Notwithstanding any other law, the State Department of Social Services or its designee shall investigate any threat to the health and safety of children placed by a California county social services agency or probation department in an out-of-state group home pursuant to the provisions of the Interstate Compact on the Placement of Children. This authority shall include the authority to interview children or staff in private or review their file at the out-of-state facility or wherever the child or files may be at the time of the investigation. Notwithstanding any other law, the State Department of Social Services or its designee shall require certified out-of-state group homes to comply with the reporting requirements applicable to group homes licensed in California pursuant to Title 22 of the California Code of Regulations for each child in care regardless of whether he or she is a California placement, by submitting a copy of the required reports to the Compact Administrator within regulatory timeframes. The Compact Administrator within one business day of receiving a serious events report shall verbally notify the appropriate placement agencies and within five working days of receiving a written report from the out-of-state group home, forward a copy of the written report to the appropriate placement agencies.
(b)Any contract, memorandum of understanding, or agreement entered into pursuant to paragraph (b) of Article 5 of the Interstate Compact on the Placement of Children regarding the placement of a child out of state by a California county social services agency or probation department shall include the language set forth in subdivision (a).
(c)(1)The State Department of Social Services or its designee shall perform initial and continuing inspection of out-of-state group homes in order to either certify that the out-of-state group home meets all licensure standards required of group homes operated in California or that the department has granted a waiver to a specific licensing standard upon a finding that there exists no adverse impact to health and safety.
(2)On and after January 1, 2017, the licensing standards applicable to out-of-state group homes certified by the department, as described in paragraph (1) shall be those required of short-term residential treatment centers operated in this state.
(3)(A)Except as provided in subparagraph (B), on and after January 1, 2017, an out-of-state group home program shall have both of the following credentials in order to receive an AFDC-FC rate:
(i)An 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 of the Welfare and Institutions Code. Notwithstanding this paragraph, the department may grant a provisional rate to an out-of-state group home program if the program meets the requirements of subdivision (g) of Section 11402 of the Welfare and Institutions Code.
(ii)A mental health certification equivalent to that required in Section 11462.01 of the Welfare and Institutions Code.
(B)If an out-of-state group home program is granted an extension pursuant to the exception process described in subdivision (d) of Section 11462.04 of the Welfare and Institutions Code, this paragraph shall apply to that group home on and after January 1, 2018.
(4)Any failure by an out-of-state group home facility to make children or staff available as required by subdivision (a) for a private interview or make files available for review shall be grounds to deny or discontinue the certification. The State Department of Social Services shall grant or deny an initial certification or a waiver under this subdivision to an out-of-state group home facility that has more than six California children placed by a county social services agency or probation department by August 19, 1999. The department shall grant or deny an initial certification or a waiver under this subdivision to an out-of-state group home facility that has six or fewer California children placed by a county social services agency or probation department by February 19, 2000. Certifications made pursuant to this subdivision shall be reviewed annually.
(d)Within six months of the effective date of this section, a county shall be required to obtain an assessment and placement recommendation by a county multidisciplinary team for each child in an out-of-state group home facility. On or after March 1, 1999, a county shall be required to obtain an assessment and placement recommendation by a county multidisciplinary team prior to placement of a child in an out-of-state group home facility.
(e)Any failure by an out-of-state group home to obtain or maintain its certification as required by subdivision (c) shall preclude the use of any public funds, whether county, state, or federal, in the payment for the placement of any child in that out-of-state group home, pursuant to the Interstate Compact on the Placement of Children.
(f)(1)A multidisciplinary team shall consist of participating members from county social services, county mental health, county probation, county superintendents of schools, and other members as determined by the county.
(2)Participants shall have knowledge or experience in the prevention, identification, and treatment of child abuse and neglect cases, and shall be qualified to recommend a broad range of services related to child abuse or neglect.
(g)(1)The department may deny, suspend, or discontinue the certification of the out-of-state group home if the department makes a finding that the group home is not operating in compliance with the requirements of subdivision (c).
(2)Any judicial proceeding to contest the departments 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 departments certification under this section.
SEC. 4.Section 7912 of the Family Code is amended to read:7912.(a)The Legislature finds and declares that the health and safety of children in out-of-state group home care pursuant to the Interstate Compact on the Placement of Children is a matter of statewide concern. The Legislature therefore affirms its intention that children placed by a county social services agency or probation department in out-of-state group homes be accorded the same personal rights and safeguards of a child placed in a California group home. This section is in clarification of existing law.
(b)(1)The Compact Administrator may temporarily suspend any new placements in an out-of-state group home, for a period not to exceed 100 days, pending the completion of an investigation, pursuant to subdivision (a) of Section 7911.1, regarding a threat to the health and safety of children in care. During any suspension period the department or its designee shall have staff daily onsite at the out-of-state group home.
(2)On and after January 1, 2017, the licensing standards applicable to out-of-state group homes certified by the State Department of Social Services shall be those required of short-term residential treatment centers operated in this state.
SEC. 5.Section 6276.38 of the Government Code is amended to read:6276.38.Radioactive materials, dissemination of information about transportation of, Section 33002, Vehicle Code.
Railroad infrastructure protection program, disclosure not required for risk assessments filed with the Public Utilities Commission, the Director of Emergency Services, or the Office of Emergency Services, Section 6254.23.
Real estate broker, annual report to Bureau of Real Estate of financial information, confidentiality of, Section 10232.2, Business and Professions Code.
Real property, acquisition by state or local government, information relating to feasibility, subdivision (h), Section 6254.
Real property, change in ownership statement, confidentiality of, Section 27280.
Records described in Section 1620 of the Penal Code.
Records of contract purchasers, inspection by public prohibited, Section 85, Military and Veterans Code.
Records of persons committed to a state hospital pursuant to Section 4135 of the Welfare and Institutions Code.
Registered public obligations, inspection of records of security interests in, Section 5060.
Registration of exempt vehicles, nondisclosure of name of person involved in alleged violation, Section 5003, Vehicle Code.
Rehabilitation, Department of, confidential information, Section 19016, Welfare and Institutions Code.
Reinsurance intermediary-broker license information, confidentiality of, Section 1781.3, Insurance Code.
Relocation assistance, confidential records submitted to a public entity by a business or farm operation, Section 7262.
Rent control ordinance, confidentiality of information concerning accommodations sought to be withdrawn from, Section 7060.4.
Report of probation officer, inspection, copies, Section 1203.05, Penal Code.
Repossession agency licensee application, confidentiality of information, Sections 7503, 7504, and 7506.5, Business and Professions Code.
Reproductive health facilities, disclosure not required for personal information regarding employees, volunteers, board members, owners, partners, officers, and contractors of a reproductive health services facility who have provided requisite notification, Section 6254.18.
Residence address in any record of Department of Housing and Community Development, confidentiality of, Section 6254.1.
Residence address in any record of Department of Motor Vehicles, confidentiality of, Section 6254.1, Government Code, and Section 1808.21, Vehicle Code.
Residence and mailing addresses in records of Department of Motor Vehicles, confidentiality of, Section 1810.7, Vehicle Code.
Residential care facilities, confidentiality of resident information, Section 1568.08, Health and Safety Code.
Residential care facilities for the elderly, confidentiality of client information, Section 1569.315, Health and Safety Code.
Resource families, identifying information, Section 16519.55, Welfare and Institutions Code.
Respiratory care practitioner, professional competency examination reports, confidentiality of, Section 3756, Business and Professions Code.
Restraint of trade, civil action by district attorney, confidential memorandum, Section 16750, Business and Professions Code.
Reward by Governor for information leading to arrest and conviction, confidentiality of person supplying information, Section 1547, Penal Code.
Safe surrender site, confidentiality of information pertaining to a parent or individual surrendering a child, Section 1255.7, Health and Safety Code.
SEC. 6.Section 1502 of the Health and Safety Code is amended to read:1502.As used in this chapter:
(a)Community care facility means any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and includes the following:
(1)Residential facility means any family home, group care facility, or similar facility determined by the director, for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.
(2)Adult day program means any community-based facility or program that provides care to persons 18 years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of these individuals on less than a 24-hour basis.
(3)Therapeutic day services facility means any facility that provides nonmedical care, counseling, educational or vocational support, or social rehabilitation services on less than a 24-hour basis to persons under 18 years of age who would otherwise be placed in foster care or who are returning to families from foster care. Program standards for these facilities shall be developed by the department, pursuant to Section 1530, in consultation with therapeutic day services and foster care providers.
(4)Foster family agency means any public agency or private organization engaged in the recruiting, certifying, and training of, and providing professional support to, foster parents, or in finding homes or other places for placement of children for temporary or permanent care who require that level of care. Private foster family agencies shall be organized and operated on a nonprofit basis.
(5)Foster family home means any residential facility providing 24-hour care for six or fewer foster children that is owned, leased, or rented and is the residence of the foster parent or parents, including their family, in whose care the foster children have been placed. The placement may be by a public or private child placement agency or by a court order, or by voluntary placement by a parent, parents, or guardian. It also means a foster family home described in Section 1505.2.
(6)Small family home means any residential facility, in the licensees family residence, that provides 24-hour care for six or fewer foster children who have mental disorders or developmental or physical disabilities and who require special care and supervision as a result of their disabilities. A small family home may accept children with special health care needs, pursuant to subdivision (a) of Section 17710 of the Welfare and Institutions Code. In addition to placing children with special health care needs, the department may approve placement of children without special health care needs, up to the licensed capacity.
(7)Social rehabilitation facility means any residential facility that provides social rehabilitation services for no longer than 18 months in a group setting to adults recovering from mental illness who temporarily need assistance, guidance, or counseling. Program components shall be subject to program standards pursuant to Article 1 (commencing with Section 5670) of Chapter 2.5 of Part 2 of Division 5 of the Welfare and Institutions Code.
(8)Community treatment facility means any residential facility that provides mental health treatment services to children in a group setting and that has the capacity to provide secure containment. Program components shall be subject to program standards developed and enforced by the State Department of Health Care Services pursuant to Section 4094 of the Welfare and Institutions Code.
Nothing in this section shall be construed to prohibit or discourage placement of persons who have mental or physical disabilities into any category of community care facility that meets the needs of the individual placed, if the placement is consistent with the licensing regulations of the department.
(9)Full-service adoption agency means any licensed entity engaged in the business of providing adoption services, that does all of the following:
(A)Assumes care, custody, and control of a child through relinquishment of the child to the agency or involuntary termination of parental rights to the child.
(B)Assesses the birth parents, prospective adoptive parents, or child.
(C)Places children for adoption.
(D)Supervises adoptive placements.
Private full-service adoption agencies shall be organized and operated on a nonprofit basis. As a condition of licensure to provide intercountry adoption services, a full-service adoption agency shall be accredited and in good standing according to Part 96 of Title 22 of the Code of Federal Regulations, or supervised by an accredited primary provider, or acting as an exempted provider, in compliance with Subpart F (commencing with Section 96.29) of Part 96 of Title 22 of the Code of Federal Regulations.
(10)Noncustodial adoption agency means any licensed entity engaged in the business of providing adoption services, that does all of the following:
(A)Assesses the prospective adoptive parents.
(B)Cooperatively matches children freed for adoption, who are under the care, custody, and control of a licensed adoption agency, for adoption, with assessed and approved adoptive applicants.
(C)Cooperatively supervises adoptive placements with a full-service adoptive agency, but does not disrupt a placement or remove a child from a placement.
Private noncustodial adoption agencies shall be organized and operated on a nonprofit basis. As a condition of licensure to provide intercountry adoption services, a noncustodial adoption agency shall be accredited and in good standing according to Part 96 of Title 22 of the Code of Federal Regulations, or supervised by an accredited primary provider, or acting as an exempted provider, in compliance with Subpart F (commencing with Section 96.29) of Part 96 of Title 22 of the Code of Federal Regulations.
(11)Transitional shelter care facility means any group care facility that provides for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. Program components shall be subject to program standards developed by the State Department of Social Services pursuant to Section 1502.3.
(12)Transitional housing placement provider means an organization licensed by the department pursuant to Section 1559.110 and Section 16522.1 of the Welfare and Institutions Code to provide transitional housing to foster children at least 16 years of age and not more than 18 years of age, and nonminor dependents, as defined in subdivision (v) of Section 11400 of the Welfare and Institutions Code, to promote their transition to adulthood. A transitional housing placement provider shall be privately operated and organized on a nonprofit basis.
(13)Group home means a residential facility that provides 24-hour care and supervision to children, delivered at least in part by staff employed by the licensee in a structured environment. The care and supervision provided by a group home shall be nonmedical, except as otherwise permitted by law.
(14)Runaway and homeless youth shelter means a group home licensed by the department to operate a program pursuant to Section 1502.35 to provide voluntary, short-term, shelter and personal services to runaway youth or homeless youth, as defined in paragraph (2) of subdivision (a) of Section 1502.35.
(15)Enhanced behavioral supports home means a facility certified by the State Department of Developmental Services pursuant to Article 3.6 (commencing with Section 4684.80) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code, and licensed by the State Department of Social Services as an adult residential facility or a group home that provides 24-hour nonmedical care to individuals with developmental disabilities who require enhanced behavioral supports, staffing, and supervision in a homelike setting. An enhanced behavioral supports home shall have a maximum capacity of four consumers, shall conform to Section 441.530(a)(1) of Title 42 of the Code of Federal Regulations, and shall be eligible for federal Medicaid home- and community-based services funding.
(16)Community crisis home means a facility certified by the State Department of Developmental Services pursuant to Article 8 (commencing with Section 4698) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code, and licensed by the State Department of Social Services pursuant to Article 9.7 (commencing with Section 1567.80), as an adult residential facility, providing 24-hour nonmedical care to individuals with developmental disabilities receiving regional center service, in need of crisis intervention services, and who would otherwise be at risk of admission to the acute crisis center at Fairview Developmental Center, Sonoma Developmental Center, an acute general hospital, acute psychiatric hospital, an institution for mental disease, as described in Part 5 (commencing with Section 5900) of Division 5 of the Welfare and Institutions Code, or an out-of-state placement. A community crisis home shall have a maximum capacity of eight consumers, as defined in subdivision (a) of Section 1567.80, shall conform to Section 441.530(a)(1) of Title 42 of the Code of Federal Regulations, and shall be eligible for federal Medicaid home- and community-based services funding.
(17)Crisis nursery means a facility licensed by the department to operate a program pursuant to Section 1516 to provide short-term care and supervision for children under six years of age who are voluntarily placed for temporary care by a parent or legal guardian due to a family crisis or stressful situation.
(18)Short-term residential treatment center means a residential facility 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, including core services as set forth, on and after January 1, 2017, in paragraph (1) of subdivision (b) of Section 11462 of the Welfare and Institutions Code, and 24-hour care and supervision to children. The care and supervision provided by a short-term residential treatment center shall be nonmedical, except as otherwise permitted by law.
(b)Department or state department means the State Department of Social Services.
(c)Director means the Director of Social Services.
SEC. 7.Section 1502.4 of the Health and Safety Code is amended to read:1502.4.(a)(1)A community care facility licensed as a group home for children pursuant to this chapter may accept for placement, and provide care and supervision to, a child assessed as having an emotional disturbance, as long as the child does not need inpatient care in a licensed health facility.
(2)For the purpose of this chapter, the following definitions shall apply:
(A)Inpatient care in a licensed health facility means care and supervision at a level greater than incidental medical services as specified in Section 1507.
(B)Emotional disturbance has the same meaning as that term is defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations.
(b)If a child described in subdivision (a) is placed into a group home program classified at rate classification level 13 or rate classification level 14 pursuant to Section 11462.01 of the Welfare and Institutions Code, the licensee shall meet both of the following requirements:
(1)The licensee shall agree to accept, for placement into its group home program, only children who have been assessed as having an emotional disturbance by either of the following:
(A)An interagency placement committee, as described in Section 4096 of the Welfare and Institutions Code or by a licensed mental health professional, as defined in Sections 629 to 633, inclusive, of Title 9 of the California Code of Regulations. subdivision (g) of Section 4096 of the Welfare and Institutions Code.
(B)A licensed mental health professional pursuant to paragraph (3) of subdivision (i), or subdivision (j), of Section 11462.01 as defined in subdivision (g) of Section 4096 of the Welfare and Institutions Code if the child is privately placed or only county funded.
(2)The program is certified by the State Department of Health Care Services, pursuant to Section 4096.5 of the Welfare and Institutions Code, as a program that provides mental health treatment services for children assessed as having an emotional disturbance.
(c)The department shall not evaluate, or have any responsibility or liability with regard to the evaluation of, the mental health treatment services provided pursuant to this section and paragraph (3) of subdivision (f) of Section 11462.01 of the Welfare and Institutions Code.
(d)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 8.Section 1502.4 is added to the Health and Safety Code, to read:1502.4.(a)A licensed short-term residential treatment center, as defined in paragraph (18) of subdivision (a) of Section 1502, may accept for placement children who do not require inpatient care in a licensed health facility and who meet at least one of the following conditions:
(1)A child who has been 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.
(2)A child assessed as having an emotional disturbance.
(3)A child who has been assessed as requiring the level of services provided to maintain the safety of the child or others due to behaviors that render the child or those around the child unsafe, or that prevent the effective delivery of needed services and supports provided in the childrens own homes or in other family settings, such as with a relative, guardian, foster family, resource family, or adoptive family. In certain circumstances, this may include the following children:
(A)A commercially or sexually exploited child.
(B)A private voluntary placement, if the youth exhibits status offender behavior and the parents or other relatives feel they cannot control the childs behavior and short term intervention is needed to transition to the child back into the home.
(C)A juvenile sex offender.
(D)A child who is affiliated with or impacted by a gang.
(b)A licensed foster family agency, as defined in paragraph (4) of subdivision (a) of Section 1502, that provides treatment services may accept for placement children who do not require inpatient care in a licensed health facility and who meet at least one of the following conditions:
(1)A child who has been 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.
(2)A child assessed as having an emotional disturbance.
(3)A child who has been assessed as requiring the level of services to meet his or her behavioral or therapeutic needs.
(c)An assessment described in paragraph (1) or (2) of subdivision (a) or paragraph (1) or (2) of subdivision (b) shall be made pursuant to subparagraphs (C) and (D) of paragraph (1) of subdivision (a) of Section 11462.01 of the Welfare and Institutions Code.
(d)For the purposes of this chapter, the following definitions shall apply:
(1)Inpatient care in a licensed health facility means care and supervision at a level greater than incidental medical services as specified in Section 1507.
(2)Emotional disturbance has the same meaning as that term is used in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations.
(e)The department shall not evaluate, nor have any responsibility or liability with regard to the evaluation of, the mental health treatment services provided pursuant to this section and paragraph (3) of subdivision (f) of Section 11462.01 of the Welfare and Institutions Code.
(f)This section shall become operative on January 1, 2017.
SEC. 8.Section 1502.4 is added to the Health and Safety Code, to read:1502.4.(a)A licensed short-term residential treatment center, as defined in paragraph (18) of subdivision (a) of Section 1502, may accept for placement a child who does not require inpatient care in a licensed health facility and who has been assessed pursuant to Section 11462.01 of the Welfare and Institutions Code as meeting the applicable criteria for placement in a short-term residential treatment center.
(b)A licensed foster family agency, as defined in paragraph (4) of subdivision (a) of Section 1502, may accept for placement a child who does not require inpatient care in a licensed health facility and who has been assessed pursuant to Section 11462.01 of the Welfare and Institutions Code as meeting the applicable criteria for placement by a foster family agency.
(c)For the purposes of this chapter, the following definitions shall apply:
(1)Inpatient care in a licensed health facility means care and supervision at a level greater than incidental medical services as specified in Section 1507.
(2)Emotional disturbance has the same meaning as that term is used in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations.
(d)The department shall not evaluate, nor have any responsibility or liability with regard to the evaluation of, the mental health treatment services provided pursuant to this section and paragraph (3) of subdivision (f) of Section 11462.01 of the Welfare and Institutions Code.
(e)This section shall become operative on January 1, 2017.
SEC. 9.Section 1502.45 is added to the Health and Safety Code, immediately following Section 1502.4, to read:1502.45.(a)(1)Notwithstanding Section 1502.4, a community care facility licensed as a group home for children pursuant to this chapter may accept for placement, and provide care and supervision to, a child assessed as having an emotional disturbance as long as the child does not need inpatient care in a licensed health facility.
(2)For the purpose of this section, the following definitions shall apply:
(A)Inpatient care in a licensed health facility means care and supervision at a level greater than incidental medical services as specified in Section 1507.
(B)Emotional disturbance has the same meaning as that term is defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations.
(b)If a child described in subdivision (a) is placed into a group home program classified at rate classification level 13 or rate classification level 14 pursuant to Section 11462.015 of the Welfare and Institutions Code, the licensee shall meet both of the following requirements:
(1)The licensee shall agree to accept, for placement into its group home program, children who have been assessed as having an emotional disturbance by either of the following:
(A)An interagency placement committee, as described in Section 4096.1 of the Welfare and Institutions Code or by a licensed mental health professional, as defined in Sections 629 to 633, inclusive, of Title 9 of the California Code of Regulations. subdivision (g) of Section 4096 of the Welfare and Institutions Code.
(B)A licensed mental health professional pursuant to paragraph (3) of subdivision (i), or subdivision (j), of Section 11462.015 as defined in subdivision (g) of Section 4096 of the Welfare and Institutions Code if the child is privately placed or only county funded.
(2)The program is certified by the State Department of Health Care Services, pursuant to Section 4096.55 of the Welfare and Institutions Code, as a program that provides mental health treatment services for children who have been assessed as having an emotional disturbance.
(c)The department shall not evaluate, or have any responsibility or liability with regard to the evaluation of, the mental health treatment services provided pursuant to this section and paragraph (3) of subdivision (f) of Section 11462.015 of the Welfare and Institutions Code.
(d)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 of the Welfare and Institutions Code.
(e)This section shall become operative on January 1, 2017.
(f)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 10.Section 1506.1 is added to the Health and Safety Code, to read:1506.1.(a)A foster family agency shall prepare and maintain a current, written plan of operation as required by the department.
(b)(1)On and after January 1, 2017, a foster family agency shall have national accreditation from an entity identified by the department pursuant to the process described in paragraph (8) of subdivision (b) of Section 11463 of the Welfare and Institutions Code.
(2)Notwithstanding paragraph (1), the department may issue a provisional license to a foster family agency and may extend the term of the provisional license in order for the foster family agency to secure accreditation as set forth in subdivision (c) of Section 1525.5.
(b)
(c)(1)On and after January 1, 2017, a foster family agencys plan of operation shall demonstrate the foster family agencys ability to support the differing needs of children and their families.
(1)
(2)In addition to complying with the rules and regulations adopted pursuant to this chapter, a foster family agencys plan of operation shall contain a description of the core services and supports, as set forth in paragraph (5) of subdivision (b) of Section 11463 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. 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.
(2)
(B)The plan of operation shall identify whether the foster family agency is providing treatment or nontreatment services, and shall specifically describe the treatment practices that will be used in serving children and families in care. families.
(C)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.
(3)The plan of operation shall describe how
(D)How the foster family agency will comply with the resource family approval standards and requirements, as set forth in Section 16519.5 of the Welfare and Institutions Code.
(4)
(E)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.
(F)The foster family agencys plan of operation shall demonstrate the foster family agencys ability to provide treatment services to meet the individual needs of children placed in licensed, approved, or certified relative and nonrelative foster families, as specified in Section 11402 of the Welfare and Institutions Code.
(c)
(d)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.
(d)
(e)(1)Upon request of a county, a foster family agency shall submit its plan of operation to the county which it will primarily serve. The county may review the plan of operation to determine whether to issue a certification of all of the following:
(A)The program is needed by the county.
(B)The provider is capable of effectively and efficiently operating the program.
(C)The provider is willing and able to accept placements who need the level of care and services that will be provided by the program.
(D)The plan of operation is suitable to meet the needs of the identified population.
(2)In its decision regarding issuance of an AFDC-FC rate, the department may consider whether the county has made the certification in paragraph (1).
(3)
(2)The department shall establish procedures for certification pursuant to paragraph (1), in consultation with the County Welfare Directors Association, Chief Probation Officers of California, and other stakeholders, as appropriate.
SEC. 11.Section 1507.25 of the Health and Safety Code is amended to read:1507.25.(a)(1)Notwithstanding any other law, a person described in paragraph (2), who is not a licensed health care professional, but who is trained to administer injections by a licensed health care professional practicing within his or her scope of practice, may administer emergency medical assistance and injections for severe diabetic hypoglycemia and anaphylactic shock to a foster child in placement.
(2)The following individuals shall be authorized to administer emergency medical assistance and injections in accordance with this subdivision:
(A)A relative caregiver.
(B)A nonrelative extended family member.
(C)A foster family home parent.
(D)A member of a resource family, as defined in subdivision (c) of Section 16519.5 of the Welfare and Institutions Code.
(E)A small family home parent.
(F)A certified parent of a foster family agency.
(G)A substitute caregiver of a foster family home or a certified family home.
(H)A staff member of a small family home or a group home who provides direct care and supervision to children and youth residing in the small family home or group home.
(I)A 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.
(3)The licensed health care professional shall periodically review, correct, or update training provided pursuant to this section as he or she deems necessary and appropriate.
(b)(1)Notwithstanding any other law, a person described in paragraph (2), who is not a licensed health care professional, but who is trained to administer injections by a licensed health care professional practicing within his or her scope of practice, may administer subcutaneous injections of other medications, including insulin, as prescribed by the childs physician, to a foster child in placement.
(2)The following individuals shall be authorized to give prescribed injections including insulin in accordance with this subdivision:
(A)A relative caregiver.
(B)A nonrelative extended family member.
(C)A foster family home parent.
(D)A member of a resource family, as defined in subdivision (c) of Section 16519.5 of the Welfare and Institutions Code.
(E)A small family home parent.
(F)A certified parent of a foster family agency.
(G)In the absence of a foster parent, a designated substitute caregiver in a foster family home or a certified family home.
(H)A direct care 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.
(3)The licensed health care professional shall periodically review, correct, or update training provided pursuant to this section as he or she deems necessary and appropriate.
(c)For purposes of this section, administration of an insulin injection shall include all necessary supportive activities related to the preparation and administration of the injection, including glucose testing and monitoring.
(d)Notwithstanding Part 5.5 (commencing with Section 17700) of Division 9 of, and particularly subdivision (g) of Section 17710 of, the Welfare and Institutions Code, a childs need to receive injections pursuant to this section shall not be the sole basis for determining that the child has a medical condition requiring specialized in-home health care.
(e)This section does not supersede the requirements of Section 369.5 of the Welfare and Institutions Code, with respect to the administration of psychotropic medication to a dependent child of the court.
SEC. 12.Section 1517 is added to the Health and Safety Code, to read:1517.(a)(1)Pursuant to subdivision (a) of Section 16519.5 of the Welfare and Institutions Code, the State Department of Social Services, shall implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, approving relatives and nonrelative extended family members as foster care providers, and approving adoptive families.
(2)For purposes of this section, a resource family means an individual or couple that have successfully met both the home approval standards 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)A foster family agency that is selected and authorized to participate in early implementation of the resource family approval program, pursuant to subdivision (r) of Section 16519.5 of the Welfare and Institutions Code, shall comply with the provisions of this section.
(1)Notwithstanding any other law, the 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 adopted thereto, and other applicable laws prior to approval and in order to maintain approval.
(2)The foster family agency shall be responsible for all of the following:
(A)Complying with the applicable provisions of the Community Care Facilities Act (commencing with Section 1500), the regulations for foster family agencies, the resource family approval standards and requirements set forth in Section 16519.5 of the Welfare and Institutions Code, and the applicable written directives adopted thereto as directed by the department.
(B)Implementing the requirements for the home approval and permanency assessment and utilizing standardized documentation established by the department.
(C)Ensuring staff have the education and experience necessary to complete the home approval and permanency assessment competently.
(D)Approving and denying resource family applications, including all of the following:
(i)Rescinding resource family approvals when appropriate, consistent with the established standard.
(ii)Providing to the department a log of resource families that were approved or rescinded during the month by the 10th day of the following month. For purposes of subdivision (d) of Section 1536, a certified family home includes a resource family approved by the foster family agency pursuant to this section.
(iii)Updating resource family approval annually.
(E)Monitoring resource families through all of the following:
(i)Ensuring that social workers who identify a condition in the home that may not meet the resource family approval standards while in the course of a routine visit to children subsequently placed with a resource family take appropriate action as needed.
(ii)Requiring resource families to comply with corrective action plans as necessary to correct identified deficiencies. If corrective action is not completed as specified in the plan, the foster family agency or the department may rescind the approval of the resource family in accordance with the written directives 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 adopted pursuant to Section 16519.5 of the Welfare and Institutions Code.
(F)Performing corrective action as required by the department.
(G)Submitting information and data that the department determines is necessary to study, monitor, and prepare the report specified in paragraph (9) of subdivision (f) of Section 16519.5 of the Welfare and Institutions Code.
(H)Ensuring resource family applicants and resource families meet the training requirements set forth in paragraphs (12) to (14), inclusive, of subdivision (g) of Section 16519.5 of the Welfare and Institutions Code.
(3)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 investigating all complaints against a resource family approved by the 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 adopted pursuant to Section 16519.5 of the Welfare and Institutions Code.
(A)The department may enter and inspect the home of a resource family approved by the foster family agency to secure compliance with the resource family approval standards, investigate a complaint or incident, or ensure the quality of care provided.
(4)Nothing in this section or Section 16519.5 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.
(c)For purposes of paragraph (3) of subdivision (b) of Section 1523.1, a certified family home includes a resource family approved by the foster family agency pursuant to this section.
(d)On and after January 1, 2017, all licensed foster family agencies shall approve resource families in lieu of certifying foster homes. A foster family agency shall require its applicants and resource families to meet the approval standards and requirements set forth in Section 16519.5 of the Welfare and Institutions Code, the written directives adopted thereto, and other applicable laws prior to approval and in order to maintain approval.
SEC. 12.SEC. 13.Section 1520.1 of the Health and Safety Code is amended to read:1520.1.In addition to Section 1520, applicants for a group home or short-term residential treatment center license shall meet the following requirements:
(a)(1)During the first 12 months of operation, the facility shall operate with a provisional license. After eight months of operation, the department shall conduct a comprehensive review of the facility for compliance with all applicable laws and regulations and help develop a plan of correction with the provisional licensee, if appropriate. By the end of the 12th month of operation, the department shall determine if the permanent license should be issued.
(2)If the department determines that the group home or short-term residential treatment center is in substantial compliance with licensing standards, notwithstanding Section 1525.5, the department may extend the provisional license for up to an additional six months for either of the following reasons:
(A)The group home or short-term residential treatment center requires additional time to be in full compliance with licensing standards.
(B)After 12 months of operation, the group home or short-term residential treatment center is not operating at 50 percent of its licensed capacity.
(3)By no later than the first business day of the 17th month of operation, the department shall conduct an additional review of a facility for which a provisional license is extended pursuant to paragraph (2), in order to determine whether a permanent license should be issued.
(4)At the time of its review pursuant to paragraph (3), the department may extend the term of a provisional license for a period not to exceed two years, only if it determines that this additional time period is required to secure accreditation from an entity identified by the department pursuant to the process described in paragraph (4) of subdivision (b) of Section 11462 Welfare and Institutions Code and provided that all other requirements for a license have been met.
(4)
(5)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)
(6)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 homes or short-term residential treatment centers operation may be filed.
(b)An applicant for a short-term residential treatment center license shall submit to the department a certification from the county which it primarily serves as set forth in subdivision (c) of Section 1562.01.
(b)
(c)(1)After the production of the booklet provided for in paragraph (2), every member of the group homes board of directors or governing body and every member of a short-term residential treatment centers 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 homes or short-term residential treatment centers 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 providers or short-term residential treatment center providers 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), (g), member duties.
(D)A general overview of the laws and regulations governing the group homes or short-term residential treatment centers operation that are enforced by the department.
(c)
(d)All financial records submitted by a facility to the department, or that are submitted as part of an audit of the facility, including, but not limited to, employee timecards and timesheets, shall be signed and dated by the employee and by the group home representative or short-term residential treatment center representative who is responsible for ensuring the accuracy of the information contained in the record, and shall contain an affirmative statement that the signatories understand that the information contained in the document is correct to the best of their knowledge and that submission of false or misleading information may be prosecuted as a crime.
(d)
(e)An applicant, provisional licensee, or licensee shall maintain, submit, and sign financial documents to verify the legitimacy and accuracy of these documents. These documents include, but are not limited to, the group home or short-term residential treatment center application, any financial documents and plans of corrections submitted to the department, and time sheets.
(e)
(f)(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 facilitys 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)
(g)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 boards or governing bodys discussion of these documents and the group homes or short-term residential treatment centers operation. The licensee shall make available the minutes of group homes or short-term residential treatment centers board of directors or governing body meetings to the department.
SEC. 13.SEC. 14.Section 1522.2 of the Health and Safety Code is amended to read:1522.2.If a local law enforcement agency, a probation officer, or a local department or agency that provides social services becomes aware that an employee of a community treatment facility, a day treatment facility, a group home, a short-term residential treatment center, or a foster family agency has been arrested for child abuse, as defined in Section 11165.6 of the Penal Code, after determining that the potential for abuse is present and that the employee is free to return to the facility where children are present, the local law enforcement agency, probation officer, or local department or agency shall notify the licensee of the charge of abuse.
SEC. 14.SEC. 15.Section 1522.4 of the Health and Safety Code is amended to read:1522.4.(a)In addition to any other requirements of this chapter and except for foster family homes, small family homes, and certified family homes of foster family agencies, all of the following apply to any community care facility providing 24-hour care for children:
(1)The facility shall have one or more facility managers. Facility manager, as used in this section, means a person on the premises with the authority and responsibility necessary to manage and control the day-to-day operation of a community care facility and supervise the clients. The facility manager, licensee, and administrator, or any combination thereof, may be the same person provided he or she meets all applicable requirements. If the administrator is also the facility manager for the same facility, this person shall be limited to the administration and management of only one facility.
(2)The facility manager shall have at least one year of experience working with the client group served, or equivalent education or experience, as determined by the department.
(3)A facility manager shall be at the facility at all times when one or more clients are present. To ensure adequate supervision of clients when clients are at the facility outside of their normal schedule, a current telephone number where the facility manager can be reached shall be provided to the clients, licensing agency, school, and any other agency or person as the department determines is necessary. The facility manager shall instruct these agencies and individuals to notify him or her when clients will be returning to the facility outside of the normal hours.
(4)The Legislature intends to upgrade the quality of care in licensed facilities. For the purposes of Sections 1533 and 1534, the licensed facility shall be inspected and evaluated for quality of care at least once each year, without advance notice and as often as necessary, without advance notice, to ensure the quality of care being provided.
Paragraphs (1), (2), and (3) shall apply only to new facilities licensed for six or fewer children which apply for a license after January 1, 1985, and all other new facilities licensed for seven or more children which apply for a license after January 1, 1988. Existing facilities licensed for seven or more children shall comply by January 1, 1989.
(b)No employee of the state or county employed in the administration of this chapter or employed in a position that is in any way concerned with facilities licensed under this chapter shall hold a license or have a direct or indirect financial interest in a facility described in subdivision (a).
The department, by regulation, shall make the determination pursuant to the purposes of this section and chapter, as to what employment is in the administration of this chapter or in any way concerned with facilities licensed under this chapter and what financial interest is direct or indirect.
This subdivision does not prohibit the state or county from securing a license for, or operating, a facility that is otherwise required to be licensed under this chapter.
(c)(1)No group home, short-term residential treatment center, or foster family agency licensee, or employee, member of the board of directors, or officer of a group home, short-term residential treatment center, or foster family agency licensee, shall offer gifts or other remuneration of any type to any employee of the State Department of Social Services or placement agency that exceeds the monetary limits for gifts to employees of the State of California pursuant to Title 9 (commencing with Section 81000) of the Government Code and regulations adopted thereunder by the Fair Political Practices Commission.
(2)No employee of the department or a placement agency shall accept any gift or other remuneration of any type from a group home, short-term residential treatment center, or foster family agency licensee or employee, member of the board of directors, or officer of a group home, short-term residential treatment center, or foster family agency licensee that exceeds the monetary limits for gifts to employees of the State of California in Title 9 (commencing with Section 81000) of the Government Code and regulations adopted thereunder by the Fair Political Practices Commission.
(3)Violation of this subdivision is punishable as a misdemeanor.
SEC. 15.SEC. 16.Section 1522.41 of the Health and Safety Code is amended to read:1522.41.(a)(1)The department, in consultation and collaboration with county placement officials, group home provider organizations, the Director of Health Care Services, and the Director of Developmental Services, shall develop and establish an administrator certification training program to ensure that administrators of group home facilities have appropriate training to provide the care and services for which a license or certificate is issued.
(2)The department shall develop and establish an administrator certification training program to ensure that administrators of short-term residential treatment center facilities have appropriate training to provide the care and services for which a license or certificate is issued.
(b)(1)In addition to any other requirements or qualifications required by the department, an administrator of a group home or short-term residential treatment center shall successfully complete a specified department-approved training certification program, pursuant to subdivision (c), prior to employment. An administrator employed in a group home or short-term residential treatment center shall meet the requirements of paragraph (2) of subdivision (c).
(2)In those cases where the individual is both the licensee and the administrator of a facility, the individual shall comply with all of the licensee and administrator requirements of this section.
(3)Failure to comply with this section shall constitute cause for revocation of the license of the facility.
(4)The licensee shall notify the department within 10 days of any change in administrators.
(c)(1)The administrator certification programs for group homes shall require a minimum of 40 hours of classroom instruction that provides training on a uniform core of knowledge in each of the following areas:
(A)Laws, regulations, and policies and procedural standards that impact the operations of the type of facility for which the applicant will be an administrator.
(B)Business operations.
(C)Management and supervision of staff.
(D)Psychosocial and educational needs of the facility residents.
(E)Community and support services.
(F)Physical needs for facility residents.
(G)Administration, Assistance with self-administration, storage, misuse, and interaction of medication used by facility residents.
(H)Resident admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(I)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(J)Nonviolent emergency intervention and reporting requirements.
(K)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in the School Safety and Violence Prevention Act (Article Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code). Code.
(2)The department shall adopt separate program requirements for initial certification for persons who are employed as group home administrators on the effective date of this section. A person employed as an administrator of a group home facility on the effective date of this section shall obtain a certificate by completing the training and testing requirements imposed by the department within 12 months of the effective date of the regulations implementing this section. After the effective date of this section, these administrators shall meet the requirements imposed by the department on all other group home administrators for certificate renewal.
(3)The department shall adopt a separate administrator certification training program for group home administrators who desire to become short-term residential treatment center administrators.
(2)The administrator certification programs for short-term residential treatment centers shall require a minimum of 40 hours of classroom instruction that provides training on a uniform core of knowledge in each of the following areas:
(A)Laws, regulations, and policies and procedural standards that impact the operations of the type of facility for which the applicant will be an administrator.
(B)Business operations and management and supervision of staff, including staff training.
(C)Physical and psychosocial needs of the children, including behavior management, de-escalation techniques, and trauma informed crisis management planning.
(D)Educational needs of the children.
(E)Community and support services, including accessing local behavioral and mental health supports and interventions, as appropriate.
(F)Authorization, uses, benefits, side effects, interactions, assistance with self-administration, misuse, documentation, and storage of medications, and metabolic monitoring of children using medications.
(G)Admission retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(H)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care for children, including, but not limited to, lesbian, gay, bisexual, and transgender youth.
(I)Nonviolent emergency intervention and reporting requirements.
(J)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(d)Administrators who possess a valid group home license, issued by the department, are exempt from completing an approved initial certification training program and taking a written test, provided the individual completes 12 hours of classroom instruction in the following uniform core of knowledge areas:
(1)Laws, regulations, and policies and procedural standards that impact the operations of a short-term residential treatment center.
(2)Authorization, uses, benefits, side effects, interactions, assistance with self-administration, misuse, documentation, and storage of medications, and metabolic monitoring of children using medications.
(3)Admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(4)Physical and psychosocial needs of the children, including behavior management, de-escalation techniques, and trauma informed crisis management planning.
(4)
(e)Individuals applying for administrator certification under this section shall successfully complete an approved administrator certification training program, pass a written test administered by the department within 60 days of completing the program, and submit to the department the documentation required by subdivision (d) (f) within 30 days after being notified of having passed the test. The department may extend these time deadlines for good cause. The department shall notify the applicant of his or her test results within 30 days of administering the test.
(d)
(f)The department shall not begin the process of issuing a certificate until receipt of all of the following:
(1)A certificate of completion of the administrator training required pursuant to this chapter.
(2)The fee required for issuance of the certificate. A fee of one hundred dollars ($100) shall be charged by the department to cover the costs of processing the application for certification.
(3)Documentation from the applicant that he or she has passed the written test.
(4)Submission of fingerprints pursuant to Section 1522. The department may waive the submission for those persons who have a current clearance on file.
(5)That person is at least 21 years of age.
(e)
(g)It shall be unlawful for any person not certified under this section to hold himself or herself out as a certified administrator of a group home or short-term residential treatment center. Any person willfully making any false representation as being a certified administrator or facility manager is guilty of a misdemeanor.
(f)
(h)(1)Certificates issued under this section shall be renewed every two years and renewal shall be conditional upon the certificate holder submitting documentation of completion of 40 hours of continuing education related to the core of knowledge specified in subdivision (c). No more than one-half of the required 40 hours of continuing education necessary to renew the certificate may be satisfied through online courses. All other continuing education hours shall be completed in a classroom setting. For purposes of this section, an individual who is a group home or short-term residential treatment center administrator and who is required to complete the continuing education hours required by the regulations of the State Department of Developmental Services, and approved by the regional center, may have up to 24 of the required continuing education course hours credited toward the 40-hour continuing education requirement of this section. The department shall accept for certification, community college course hours approved by the regional centers.
(2)Every administrator of a group home or short-term residential treatment center shall complete the continuing education requirements of this subdivision.
(3)Certificates issued under this section shall expire every two years on the anniversary date of the initial issuance of the certificate, except that any administrator receiving his or her initial certification on or after July 1, 1999, shall make an irrevocable election to have his or her recertification date for any subsequent recertification either on the date two years from the date of issuance of the certificate or on the individuals birthday during the second calendar year following certification. The department shall send a renewal notice to the certificate holder 90 days prior to the expiration date of the certificate. If the certificate is not renewed prior to its expiration date, reinstatement shall only be permitted after the certificate holder has paid a delinquency fee equal to three times the renewal fee and has provided evidence of completion of the continuing education required.
(4)To renew a certificate, the certificate holder shall, on or before the certificate expiration date, request renewal by submitting to the department documentation of completion of the required continuing education courses and pay the renewal fee of one hundred dollars ($100), irrespective of receipt of the departments notification of the renewal. A renewal request postmarked on or before the expiration of the certificate shall be proof of compliance with this paragraph.
(5)A suspended or revoked certificate shall be subject to expiration as provided for in this section. If reinstatement of the certificate is approved by the department, the certificate holder, as a condition precedent to reinstatement, shall submit proof of compliance with paragraphs (1) and (2) of this subdivision, and shall pay a fee in an amount equal to the renewal fee, plus the delinquency fee, if any, accrued at the time of its revocation or suspension. Delinquency fees, if any, accrued subsequent to the time of its revocation or suspension and prior to an order for reinstatement, shall be waived for a period of 12 months to allow the individual sufficient time to complete the required continuing education units and to submit the required documentation. Individuals whose certificates will expire within 90 days after the order for reinstatement may be granted a three-month extension to renew their certificates during which time the delinquency fees shall not accrue.
(6)A certificate that is not renewed within four years after its expiration shall not be renewed, restored, reissued, or reinstated except upon completion of a certification training program, passing any test that may be required of an applicant for a new certificate at that time, and paying the appropriate fees provided for in this section.
(7)A fee of twenty-five dollars ($25) shall be charged for the reissuance of a lost certificate.
(8)A certificate holder shall inform the department of his or her employment status and change of mailing address within 30 days of any change.
(g)
(i)Unless otherwise ordered by the department, the certificate shall be considered forfeited under either of the following conditions:
(1)The department has revoked any license held by the administrator after the department issued the certificate.
(2)The department has issued an exclusion order against the administrator pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897, after the department issued the certificate, and the administrator did not appeal the exclusion order or, after the appeal, the department issued a decision and order that upheld the exclusion order.
(h)
(j)(1)The department, in consultation and collaboration with county placement officials, provider organizations, the State Department of Health Care Services, and the State Department of Developmental Services, shall establish, by regulation, the program content, the testing instrument, the process for approving administrator certification training programs, and criteria to be used in authorizing individuals, organizations, or educational institutions to conduct certification training programs and continuing education courses. The department may also grant continuing education hours for continuing courses offered by accredited educational institutions that are consistent with the requirements in this section. The department may deny vendor approval to any agency or person in any of the following circumstances:
(A)The applicant has not provided the department with evidence satisfactory to the department of the ability of the applicant to satisfy the requirements of vendorization set out in the regulations adopted by the department pursuant to subdivision (j). department.
(B)The applicant person or agency has a conflict of interest in that the person or agency places its clients in group homes or short-term residential treatment centers.
(C)The applicant public or private agency has a conflict of interest in that the agency is mandated to place clients in group homes or short-term residential treatment centers and to pay directly for the services. The department may deny vendorization to this type of agency only as long as there are other vendor programs available to conduct the certification training programs and conduct education courses.
(2)The department may authorize vendors to conduct the administrators certification training program pursuant to this section. The department shall conduct the written test pursuant to regulations adopted by the department.
(3)The department shall prepare and maintain an updated list of approved training vendors.
(4)The department may inspect administrator certification training programs and continuing education courses, including online courses, at no charge to the department, to determine if content and teaching methods comply with regulations. If the department determines that any vendor is not complying with the requirements of this section, the department shall take appropriate action to bring the program into compliance, which may include removing the vendor from the approved list.
(5)The department shall establish reasonable procedures and timeframes not to exceed 30 days for the approval of vendor training programs.
(6)The department may charge a reasonable fee, not to exceed one hundred fifty dollars ($150) every two years, to certification program vendors for review and approval of the initial 40-hour training program pursuant to subdivision (c). The department may also charge the vendor a fee, not to exceed one hundred dollars ($100) every two years, for the review and approval of the continuing education courses needed for recertification pursuant to this subdivision.
(7)(A)A vendor of online programs for continuing education shall ensure that each online course contains all of the following:
(i)An interactive portion in which the participant receives feedback, through online communication, based on input from the participant.
(ii)Required use of a personal identification number or personal identification information to confirm the identity of the participant.
(iii)A final screen displaying a printable statement, to be signed by the participant, certifying that the identified participant completed the course. The vendor shall obtain a copy of the final screen statement with the original signature of the participant prior to the issuance of a certificate of completion. The signed statement of completion shall be maintained by the vendor for a period of three years and be available to the department upon demand. Any person who certifies as true any material matter pursuant to this clause that he or she knows to be false is guilty of a misdemeanor.
(B)Nothing in this subdivision shall prohibit the department from approving online programs for continuing education that do not meet the requirements of subparagraph (A) if the vendor demonstrates to the departments satisfaction that, through advanced technology, the course and the course delivery meet the requirements of this section.
(i)
(k)The department shall establish a registry for holders of certificates that shall include, at a minimum, information on employment status and criminal record clearance.
(j)Subdivisions (b) to (i), inclusive, shall be implemented upon regulations being adopted by the department, by January 1, 2000.
(k)
(l)Notwithstanding any provision of law to the contrary, vendors approved by the department who exclusively provide either initial or continuing education courses for certification of administrators of a group home or short-term residential treatment center as defined by regulations of the department, an adult residential facility as defined by regulations of the department, or a residential care facility for the elderly as defined in subdivision (k) of Section 1569.2, shall be regulated solely by the department pursuant to this chapter. No other state or local governmental entity shall be responsible for regulating the activity of those vendors.
SEC. 16.SEC. 17.Section 1522.43 of the Health and Safety Code is amended to read:1522.43.(a)(1)For the duties the department imposes on a group home administrator or short-term residential treatment center administrator in this chapter and in regulations adopted by the department, every group home and short-term residential treatment center shall state in its plan of operation, the number of hours per week that the administrator shall spend completing those duties and how the group home administrator or short-term residential treatment center administrator shall accomplish those duties, including use of support personnel.
(2)For initial applicants, the information in paragraph (1) shall be contained in the plan of operation submitted to the department in the application.
(3)For current licensees, the licensee shall submit an amended plan of operation that contains the information required by paragraph (1) within six months of the effective date of this section. For changes in the group home administrator duties imposed by the department in this chapter or in regulations, a current licensee shall have six months after the effective date of those duties to submit an amended plan of operation to reflect the new administrator duties.
(b)(1)The department may review a group homes or short-term residential treatment centers plan of operation to determine if the plan of operation is sufficient to ensure that the facility will operate in compliance with applicable licensing laws and regulations. As part of the review, the department may request that a peer review panel review the plan of operation for a group home as prescribed in paragraph (2), or for a short-term residential treatment center as prescribed in paragraph (3).
(2)The peer review panel shall consist of two representatives from the department, including one from the unit that governs programs and one from the unit that governs licensing, a qualified group home administrator, an experienced group home provider in good standing, and a member or members from the placement agency or agencies that place children in group homes, and may also include the local county behavioral health department, as appropriate.
(3)The peer review panel shall consist of two representatives from the department, including one from the unit that governs programs and one from the unit that governs licensing, a qualified short-term residential treatment center administrator, a short-term residential treatment center provider in good standing, and a member or members from the placement agency or agencies that place children in short-term residential treatment centers, and may also include the local county behavioral health department, as appropriate.
(c)A group home or short-term residential treatment center shall develop a daily schedule of activities for the children at the facility. The facility shall have this schedule available for inspection by the department. The activities in which the children are scheduled to participate shall be designed to meet the needs of the individual child, and shall be based on that childs needs and services plan.
(d)The department shall establish a process, no later than January 1, 2017, for convening the peer review panel as needed to address complaints or other concerns that may arise in the operation of the short-term residential treatment centers, and shall develop this process in consultation with the County Welfare Directors Association, Chief Probation Officers of California, County Behavioral Health Directors Association, and stakeholders.
SEC. 17.SEC. 18.Section 1524.6 of the Health and Safety Code is amended to read:1524.6.(a)In addition to any other requirement of this chapter, any group home or short-term residential treatment center, as defined by regulations of the department, providing care for any number of persons, that is not already subject to the requirements of Section 1524.5, shall provide a procedure approved by the licensing agency for immediate response to incidents and complaints, as defined by regulations of the department. This procedure shall include a method of ensuring that the owner, licensee, or person designated by the owner or licensee is notified of the incident or complaint, that the owner, licensee, or person designated by the owner or licensee has personally investigated the matter, and that the person making the complaint or reporting the incident has received a written response, within 30 days of receiving the complaint, of action taken, or a reason why no action needs to be taken.
(b)In order to ensure the opportunity for complaints to be made directly to the owner, licensee, or person designated by the owner or licensee, and to provide the opportunity for the owner, licensee, or person designated by the owner or licensee to meet neighborhood residents and learn of problems in the neighborhood, any group home or short-term residential treatment center shall establish a fixed time on a periodic basis when the owner, licensee, or person designated by the owner or licensee will be present. At this fixed time, information shall be provided to neighborhood residents of the complaint procedure pursuant to Section 1538.
(c)Facilities shall establish procedures to comply with the requirements of this section on or before July 1, 2005.
(d)This section shall not apply to family homes certified by foster family agencies, foster family homes, and small family homes. It is not the intent of the Legislature that this section be applied in a way that is contrary to the childs best interests.
SEC. 19.Section 1525.5 of the Health and Safety Code is amended to read:1525.5.(a) The director department may issue provisional licenses to operate community care facilities for facilities which the director determines are in substantial compliance with the provisions of this chapter and the rules and regulations adopted pursuant thereto, provided, that no life safety risks are involved, as determined by the director. In determining whether any life safety risks are involved, the director shall require completion of all applicable fire clearances and criminal record clearances as otherwise required by the departments rules and regulations. The provisional license shall expire six months from the date of issuance, or at any earlier time as the director may determine, and may not be renewed. However, the director may extend the term of a provisional license for an additional six months at time of application, if it is determined that more than six months will be required to achieve full compliance with licensing standards due to circumstances beyond the control of the applicant, provided all other requirements for a license have been met.
(b) This section shall not apply to foster family homes.
(c)At the time of its review pursuant to the requirements of this code, the department may extend the term of a provisional license not to exceed two years, only if it determines that this additional time is required to secure accreditation from an entity identified by the department pursuant to the accreditation process described in Section 11462 of the Welfare and Institutions Code and provided that all other requirements for a license have been met.
SEC. 18.SEC. 20.Section 1529.2 of the Health and Safety Code is amended to read:1529.2.(a)In addition to the foster parent training provided by community colleges, foster family agencies shall provide a program of training for their certified foster families.
(b)(1)Every licensed foster parent shall complete a minimum of 12 hours of foster parent training, as prescribed in paragraph (3), before the placement of any foster children with the foster parent. In addition, a foster parent shall complete a minimum of eight hours of foster parent training annually, as prescribed in paragraph (4). No child shall be placed in a foster family home unless these requirements are met by the persons in the home who are serving as the foster parents.
(2)(A)Upon the request of the foster parent for a hardship waiver from the postplacement training requirement or a request for an extension of the deadline, the county may, at its option, on a case-by-case basis, waive the postplacement training requirement or extend any established deadline for a period not to exceed one year, if the postplacement training requirement presents a severe and unavoidable obstacle to continuing as a foster parent. Obstacles for which a county may grant a hardship waiver or extension are:
(i)Lack of access to training due to the cost or travel required.
(ii)Family emergency.
(B)Before a waiver or extension may be granted, the foster parent should explore the opportunity of receiving training by video or written materials.
(3)The initial preplacement training shall include, but not be limited to, training courses that cover all of the following:
(A)An overview of the child protective system. and probation systems.
(B)The effects of trauma, including grief and loss, and child abuse and neglect on child development. development, and methods to behaviorally support children impacted by that trauma.
(C)Positive discipline and the importance of self-esteem.
(D)Health issues in foster care. care, including, but not limited to, the authorization, uses, risks, benefits, assistance with self-administration, oversight, and monitoring of psychotropic or other medications, and trauma, behavioral health, and other behavioral health treatments, for children receiving child welfare services, including how to access those treatments.
(E)Accessing education and health services available to foster children.
(F)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(G)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(H)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(4)The postplacement annual training shall include, but not be limited to, training courses that cover all of the following:
(A)Age-appropriate child development.
(B)Health issues in foster care.
(C)Positive discipline and the importance of self-esteem.
(D)Emancipation and independent living skills if a foster parent is caring for youth.
(E)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(F)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(5)Foster parent training may be attained through a variety of sources, including community colleges, counties, hospitals, foster parent associations, the California State Foster Parent Associations Conference, adult schools, and certified foster parent instructors.
(6)A candidate for placement of foster children shall submit a certificate of training to document completion of the training requirements. The certificate shall be submitted with the initial consideration for placements and provided at the time of the annual visit by the licensing agency thereafter.
(c)In addition to any training required by this section, a foster parent may be required to receive specialized training, as relevant, for the purpose of preparing the foster parent 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 using medications.
(4)Understanding the federal Indian Child Welfare Act, its historical significance, the rights of children covered by the act, and the best interests of those 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 medically fragile children.
(c)
(d)Nothing in this section shall preclude a county from requiring county-provided preplacement or postplacement foster parent training in excess of the requirements in this section.
(d)
(e)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 19.SEC. 21.Section 1529.2 is added to the Health and Safety Code, to read:1529.2.(a)It is the intent of the Legislature that all foster parents have the necessary knowledge, skills, and abilities to support the safety, permanency, and well-being of children in foster care. Initial and ongoing preparation and training of foster parents should support the foster parents role in parenting vulnerable children, youth, and young adults, including supporting the childrens connection with their families. Their training should be ongoing in order to provide foster parents with information on new practices and requirements and other helpful topics within the child welfare system and probation systems and may be offered in a classroom setting, online, or individually.
(b)A licensed or certified foster parent shall complete a minimum of eight training hours annually, a portion of which shall be from one or more of the following topics, as prescribed by the department, pursuant to subdivision (a):
(1)Age-appropriate child and adolescent development.
(2)Health issues in foster care, including the administration of psychotropic and other medications. including, but not limited to, the authorization, uses, risks, benefits, assistance with self-administration, oversight, and monitoring of psychotropic or other medications, and trauma, behavioral health, and other available behavioral health treatments, for children receiving child welfare services, including how to access those treatments.
(3)Positive discipline and the importance of self-esteem.
(4)Preparation for youth and young adults of children for a successful transition to adulthood.
(5)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(6)Instruction on cultural competency and respect sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(c)In addition to any training required by this section, a foster parent may be required to receive specialized training, as relevant, for the purpose of preparing the foster parent 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 using medications.
(4)Understanding the Indian Child Welfare Act, its historical significance, the rights of children covered by the act, and the best interests of Native American 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 medically fragile children.
(c)
(d)No child shall be placed with a foster parent unless each foster parent in the home meets the requirements of this section.
(d)
(e)(1)Upon the request of the licensed or certified foster parent for a hardship waiver from the annual training requirement or a request for an extension of the deadline, the county may, at its option, on a case-by-case basis, waive the training requirement or extend any established deadline for a period not to exceed one year, if the training requirement presents a severe and unavoidable obstacle to continuing as a foster parent.
(2)Obstacles for which a county may grant a hardship waiver or extension are:
(A)Lack of access to training due to the cost or travel required or lack of child care to participate in the training, when online resources are not available.
(B)Family emergency.
(3)Before a waiver or extension may be granted, the licensed or certified foster parent should explore the opportunity of receiving training online or by video or written materials.
(e)
(f)(1)Foster parent training may be obtained through sources that include, but are not necessarily limited to, community colleges, counties, hospitals, foster parent associations, the California State Foster Parent Associations Conference, online resources, adult schools, and certified foster parent instructors.
(2)In addition to the foster parent training provided by community colleges, foster family agencies shall provide a program of training for their certified foster families.
(f)
(g)(1)Training certificates shall be submitted to the appropriate licensing or foster family agency.
(2)Upon completion, a licensed or certified parent shall submit a certificate of completion for the annual training requirements.
(g)
(h)Nothing in this section shall preclude a county or a foster family agency from requiring foster parent training in excess of the requirements in this section.
(h)
(i)This section shall become operative on January 1, 2017.
SEC. 20.SEC. 22.Section 1530.7 of the Health and Safety Code is amended to read:1530.7.(a)Group homes, short-term residential treatment centers, foster family agencies, small family homes, transitional housing placement providers, and crisis nurseries licensed pursuant to this chapter shall maintain a smoke-free environment in the facility.
(b)A person who is licensed or certified pursuant to this chapter to provide residential care in a foster family home or certified family home shall not smoke or permit any other person to smoke inside the facility, and, when the child is present, on the outdoor grounds of the facility.
(c)A person who is licensed or certified pursuant to this chapter to provide residential foster care shall not smoke in any motor vehicle that is regularly used to transport the child.
SEC. 21.SEC. 23.Section 1530.8 of the Health and Safety Code is amended to read:1530.8.(a)(1)The department shall adopt regulations for community care facilities licensed as group homes, and for temporary shelter care facilities as defined in subdivision (c), that care for dependent children, children placed by a regional center, or voluntary placements, who are younger than six years of age. The department shall adopt these regulations after assessing the needs of this population and developing standards pursuant to Section 11467.1 of the Welfare and Institutions Code. To the extent that the department determines they are necessary, the department may adopt regulations under this section that apply to short-term residential treatment centers that care for children younger than six years of age. regulations that apply to short-term residential treatment centers that care for children younger than six years of age. The regulations shall include the standards set forth in subdivision (c) of Section 11467.1 of the Welfare and Institutions Code.
(2)The department shall adopt regulations under this section that apply to minor parent programs serving children younger than six years of age who reside in a group home with a minor parent who is the primary caregiver of the child. To the extent that the department determines they are necessary, the department may adopt regulations under this section that apply to short-term residential treatment centers that provide minor parent programs serving children younger than six years of age. The department shall adopt regulations under this section that apply to short-term residential treatment centers that provide minor parent programs serving children younger than six years of age.
(3)To the extent that the department determines they are necessary, the department shall adopt regulations under this section that apply to group homes or short-term residential treatment centers that care for dependent children who are 6 to 12 years of age, inclusive. In order to determine whether such regulations are necessary, and what any resulting standards should include, the department shall consult with interested parties that include, but are not limited to, representatives of current and former foster youth, advocates for children in foster care, county welfare and mental health directors, chief probation officers, representatives of care providers, experts in child development, and representatives of the Legislature. The standards may provide normative guidelines differentiated by the needs specific to children in varying age ranges that fall between 6 and 12 years of age, inclusive. Prior to adopting regulations, the department shall submit for public comment, by July 1, 2016, any proposed regulations.
(b)The regulations shall include physical environment standards, including staffing and health and safety requirements, that meet or exceed state child care standards under Title 5 and Title 22 of the California Code of Regulations.
(c)For purposes of this section, a temporary shelter care facility means any residential facility that meets all of the following requirements:
(1)It is owned and operated by the county. county or on behalf of a county by a private, nonprofit agency.
(2)It is a 24-hour facility that provides short-term no more than 10 calendar days of residential care and supervision for dependent children under 18 years of age who have been removed from their homes as a result of abuse or neglect, as defined in Section 300 of the Welfare and Institutions Code, or both.
(d)(1)The department may license a temporary shelter care facility pursuant to this chapter on or after January 1, 2016. A temporary shelter care license may be issued only to a county operating a licensed group home, or to an agency on behalf of a county, as of January 1, 2016.
(2)The department shall consult with counties that operate these shelters as licensed group homes to develop a transition plan for the development of temporary shelter care facilities to address the unique circumstances and needs of the populations they serve, while remaining consistent with the principles of the act that added this subdivision.
(3)These transition plans shall describe circumstances under which children will be admitted for a period in excess of 24 hours and reflect necessary staffing levels or staffing transitions.
(e)(1)A group home license issued to a county will be forfeited by operation of law upon receipt of a license to operate a temporary shelter care facility as described in Section 11462.022 of the Welfare and Institutions Code.
(2)Nothing in this subdivision shall preclude a county from applying for and being licensed as a short-term residential treatment center pursuant to Section 1562.01 or a runaway and homeless youth shelter pursuant to Section 1502.35, or a foster family agency as authorized by subdivision (b) of Section 11462.02 of the Welfare and Institutions Code.
SEC. 22.SEC. 24.Section 1531.1 of the Health and Safety Code is amended to read:1531.1.(a)A residential facility licensed as an adult residential facility, group home, short-term residential treatment center, small family home, foster family home, or a family home certified by a foster family agency may install and utilize delayed egress devices of the time delay type.
(b)As used in this section, delayed egress device means a device that precludes the use of exits for a predetermined period of time. These devices shall not delay any residents departure from the facility for longer than 30 seconds.
(c)Within the 30 seconds of delay, facility staff may attempt to redirect a resident who attempts to leave the facility.
(d)Any person accepted by a residential facility or family home certified by a foster family agency utilizing delayed egress devices shall meet all of the following conditions:
(1)The person shall have a developmental disability as defined in Section 4512 of the Welfare and Institutions Code.
(2)The person shall be receiving services and case management from a regional center under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code).
(3)An interdisciplinary team, through the Individual Program Plan (IPP) process pursuant to Section 4646.5 of the Welfare and Institutions Code, shall have determined that the person lacks hazard awareness or impulse control and requires the level of supervision afforded by a facility equipped with delayed egress devices, and that but for this placement, the person would be at risk of admission to, or would have no option but to remain in, a more restrictive state hospital or state developmental center placement.
(e)The facility shall be subject to all fire and building codes, regulations, and standards applicable to residential care facilities for the elderly utilizing delayed egress devices, and shall receive approval by the county or city fire department, the local fire prevention district, or the State Fire Marshal for the installed delayed egress devices.
(f)The facility shall provide staff training regarding the use and operation of the egress control devices utilized by the facility, protection of residents personal rights, lack of hazard awareness and impulse control behavior, and emergency evacuation procedures.
(g)The facility shall develop a plan of operation approved by the State Department of Social Services that includes a description of how the facility is to be equipped with egress control devices that are consistent with regulations adopted by the State Fire Marshal pursuant to Section 13143.
(h)The plan shall include, but shall not be limited to, all of the following:
(1)A description of how the facility will provide training for staff regarding the use and operation of the egress control devices utilized by the facility.
(2)A description of how the facility will ensure the protection of the residents personal rights consistent with Sections 4502, 4503, and 4504 of the Welfare and Institutions Code.
(3)A description of how the facility will manage the persons lack of hazard awareness and impulse control behavior.
(4)A description of the facilitys emergency evacuation procedures.
(i)Delayed egress devices shall not substitute for adequate staff. Except for facilities operating in accordance with Section 1531.15, the capacity of the facility shall not exceed six residents.
(j)Emergency fire and earthquake drills shall be conducted at least once every three months on each shift, and shall include all facility staff providing resident care and supervision on each shift.
SEC. 23.Section 1531.15 of the Health and Safety Code is amended to read:1531.15.(a)A licensee of an adult residential facility, short-term residential treatment center, or group home for no more than 15 residents, that is eligible for and serving clients eligible for federal Medicaid funding and utilizing delayed egress devices pursuant to Section 1531.1, may install and utilize secured perimeters in accordance with the provisions of this section.
(b)As used in this section, secured perimeters means fences that meet the requirements prescribed by this section.
(c)Only individuals meeting all of the following conditions may be admitted to or reside in a facility described in subdivision (a) utilizing secured perimeters:
(1)The person shall have a developmental disability as defined in Section 4512 of the Welfare and Institutions Code.
(2)The person shall be receiving services and case management from a regional center under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code).
(3)(A)The person shall be 14 years of age or older, except as specified in subparagraph (B).
(B)Notwithstanding subparagraph (A), a child who is at least 10 years of age and less than 14 years of age may be placed in a licensed group home or short-term residential treatment center described in subdivision (a) using secured perimeters only if both of the following occur:
(i)A comprehensive assessment is conducted and an individual program plan meeting is convened to determine the services and supports needed for the child to receive services in a less restrictive, unlocked residential setting in California, and the regional center requests assistance from the State Department of Developmental Services statewide specialized resource service to identify options to serve the child in a less restrictive, unlocked residential setting in California.
(ii)The regional center requests placement of the child in a licensed group home or short-term residential treatment center described in subdivision (a) using secured perimeters on the basis that the placement is necessary to prevent out-of-state placement or placement in a more restrictive, locked residential setting and the State Department of Developmental Services approves the request.
(4)The person is not a foster child under the jurisdiction of the juvenile court pursuant to Section 300, 450, 601, or 602 of the Welfare and Institutions Code.
(5)An interdisciplinary team, through the individual program plan (IPP) process pursuant to Section 4646.5 of the Welfare and Institutions Code, shall have determined the person lacks hazard awareness or impulse control and, for his or her safety and security, requires the level of supervision afforded by a facility equipped with secured perimeters, and, but for this placement, the person would be at risk of admission to, or would have no option but to remain in, a more restrictive placement. The individual program planning team shall determine the continued appropriateness of the placement at least annually.
(d)The licensee shall be subject to all applicable fire and building codes, regulations, and standards, and shall receive approval by the county or city fire department, the local fire prevention district, or the State Fire Marshal for the installed secured perimeters.
(e)The licensee shall provide staff training regarding the use and operation of the secured perimeters, protection of residents personal rights, lack of hazard awareness and impulse control behavior, and emergency evacuation procedures.
(f)The licensee shall revise its facility plan of operation. These revisions shall first be approved by the State Department of Developmental Services. The plan of operation shall not be approved by the State Department of Social Services unless the licensee provides certification that the plan was approved by the State Department of Developmental Services. The plan shall include, but not be limited to, all of the following:
(1)A description of how the facility is to be equipped with secured perimeters that are consistent with regulations adopted by the State Fire Marshal pursuant to Section 13143.6.
(2)A description of how the facility will provide training for staff.
(3)A description of how the facility will ensure the protection of the residents personal rights consistent with Sections 4502, 4503, and 4504 of the Welfare and Institutions Code, and any applicable personal rights provided in Title 22 of the California Code of Regulations.
(4)A description of how the facility will manage residents lack of hazard awareness and impulse control behavior.
(5)A description of the facilitys emergency evacuation procedures.
(g)Secured perimeters shall not substitute for adequate staff.
(h)Emergency fire and earthquake drills shall be conducted on each shift in accordance with existing licensing requirements, and shall include all facility staff providing resident care and supervision on each shift.
(i)Interior and exterior space shall be available on the facility premises to permit clients to move freely and safely.
(j)For the purpose of using secured perimeters, the licensee shall not be required to obtain a waiver or exception to a regulation that would otherwise prohibit the locking of a perimeter fence or gate.
(k)This section shall become operative only upon the publication in Title 17 of the California Code of Regulations of emergency regulations filed by the State Department of Developmental Services. These regulations shall be developed with stakeholders, including the State Department of Social Services, consumer advocates, and regional centers. The regulations shall establish program standards for homes that include secured perimeters, including requirements and timelines for the completion and updating of a comprehensive assessment of each consumers needs, including the identification through the individual program plan process of the services and supports needed to transition the consumer to a less restrictive living arrangement, and a timeline for identifying or developing those services and supports. The regulations shall establish a statewide limit on the total number of beds in homes with secured perimeters. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare.
SEC. 25.Section 1531.15 of the Health and Safety Code is amended to read:1531.15.(a)A licensee of an adult residential facility facility, short-term residential treatment center, or group home for no more than six residents, except for the larger facilities provided for in paragraph (1) of subdivision (k), that is utilizing delayed egress devices pursuant to Section 1531.1, may install and utilize secured perimeters in accordance with the provisions of this section.
(b)As used in this section, secured perimeters means fences that meet the requirements prescribed by this section.
(c)Only individuals meeting all of the following conditions may be admitted to or reside in a facility described in subdivision (a) utilizing secured perimeters:
(1)The person shall have a developmental disability as defined in Section 4512 of the Welfare and Institutions Code.
(2)The person shall be receiving services and case management from a regional center under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code).
(3)(A)The person shall be 14 years of age or older, except as specified in subparagraph (B).
(B)Notwithstanding subparagraph (A), a child who is at least 10 years of age and less than 14 years of age may be placed in a licensed group home described in subdivision (a) using secured perimeters only if both of the following occur:
(i)A comprehensive assessment is conducted and an individual program plan meeting is convened to determine the services and supports needed for the child to receive services in a less restrictive, unlocked residential setting in California, and the regional center requests assistance from the State Department of Developmental Services statewide specialized resource service to identify options to serve the child in a less restrictive, unlocked residential setting in California.
(ii)The regional center requests placement of the child in a licensed group home described in subdivision (a) using secured perimeters on the basis that the placement is necessary to prevent out-of-state placement or placement in a more restrictive, locked residential setting such as a developmental center, institution for mental disease or psychiatric facility, and the State Department of Developmental Services approves the request.
(4)The person is not a foster child under the jurisdiction of the juvenile court pursuant to Section 300, 450, 601, or 602 of the Welfare and Institutions Code.
(5)(A)An interdisciplinary team, through the individual program plan (IPP) process pursuant to Section 4646.5 of the Welfare and Institutions Code, shall have determined the person lacks hazard awareness or impulse control and, for his or her safety and security, requires the level of supervision afforded by a facility equipped with secured perimeters, and, but for this placement, the person would be at risk of admission to, or would have no option but to remain in, a more restrictive placement. The individual program planning team shall convene every 90 days after admission to determine and document the continued appropriateness of the current placement and progress in implementing the transition plan.
(B)The clients rights advocate for the regional center shall be notified of the proposed admission and the individual program plan meeting and may participate in the individual program plan meeting unless the consumer objects on his or her own behalf.
(d)The licensee shall be subject to all applicable fire and building codes, regulations, and standards, and shall receive approval by the county or city fire department, the local fire prevention district, or the State Fire Marshal for the installed secured perimeters.
(e)The licensee shall provide staff training regarding the use and operation of the secured perimeters, protection of residents personal rights, lack of hazard awareness and impulse control behavior, and emergency evacuation procedures.
(f)The licensee shall revise its facility plan of operation. These revisions shall first be approved by the State Department of Developmental Services. The plan of operation shall not be approved by the State Department of Social Services unless the licensee provides certification that the plan was approved by the State Department of Developmental Services. The plan shall include, but not be limited to, all of the following:
(1)A description of how the facility is to be equipped with secured perimeters that are consistent with regulations adopted by the State Fire Marshal pursuant to Section 13143.6.
(2)A description of how the facility will provide training for staff.
(3)A description of how the facility will ensure the protection of the residents personal rights consistent with Sections 4502, 4503, and 4504 of the Welfare and Institutions Code, and any applicable personal rights provided in Title 22 of the California Code of Regulations.
(4)A description of how the facility will manage residents lack of hazard awareness and impulse control behavior, which shall emphasize positive behavioral supports and techniques that are alternatives to physical, chemical, or mechanical restraints, or seclusion.
(5)A description of the facilitys emergency evacuation procedures.
(6)A description of how the facility will comply with applicable health and safety standards.
(g)Secured perimeters shall not substitute for adequate staff.
(h)Emergency fire and earthquake drills shall be conducted on each shift in accordance with existing licensing requirements, and shall include all facility staff providing resident care and supervision on each shift.
(i)Interior and exterior space shall be available on the facility premises to permit clients to move freely and safely.
(j)For the purpose of using secured perimeters, the licensee shall not be required to obtain a waiver or exception to a regulation that would otherwise prohibit the locking of a perimeter fence or gate.
(k)Except as provided in subdivision (k) of Section 4684.81 of the Welfare and Institutions Code, the state shall not authorize or fund more than a combined total of 150 beds statewide in facilities with secured perimeters under this section and under Section 1267.75. The department shall notify the appropriate fiscal and policy committees of the Legislature through the January and May budget estimates prior to authorizing an increase above a combined total of 100 beds statewide in facilities with secured perimeters under this section and under Section 1267.75.
(1)A minimum of 50 beds shall be available within programs designed for individuals who are designated incompetent to stand trial pursuant to Section 1370.1 of the Penal Code. These beds shall be within facilities that are exclusively used to provide care for individuals who are placed and participating in forensic competency training pursuant to Section 1370.1 of the Penal Code, except as provided in paragraph (2). No more than half of these facilities may have more than six beds and no facility may have more than 15 beds.
(2)When, in the joint determination of the regional center and the facility administrator, an individual would be most appropriately served in a specific program, regardless of whether the facility meets the criteria established in paragraph (1), individuals who are not similarly designated may be placed in the same facility. That placement may occur only when the individuals planning team determines that the placement and the facility plan of operation meet the individuals needs and that placement is not incompatible with the needs and safety of other facility residents.
(l)This section shall become operative only upon the publication in Title 17 of the California Code of Regulations of emergency regulations filed by the State Department of Developmental Services. These regulations shall be developed with stakeholders, including the State Department of Social Services, consumer advocates, and regional centers. The regulations shall establish program standards for homes that include secured perimeters, including requirements and timelines for the completion and updating of a comprehensive assessment of each consumers needs, including the identification through the individual program plan process of the services and supports needed to transition the consumer to a less restrictive living arrangement, and a timeline for identifying or developing those services and supports. The regulations shall establish a statewide limit on the total number of beds in homes with secured perimeters. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare.
SEC. 24.SEC. 26.Section 1534 of the Health and Safety Code is amended to read:1534.(a)(1)(A)Except for foster family homes, every licensed community care facility shall be subject to unannounced inspections by the department.
(B)Foster family homes shall be subject to announced inspections by the department, except that a foster family home shall be subject to unannounced inspections in response to a complaint, a plan of correction, or under any of the circumstances set forth in subparagraph (B) of paragraph (2).
(2)(A)The department may inspect these facilities as often as necessary to ensure the quality of care provided.
(B)The department shall conduct an annual unannounced inspection of a facility under any of the following circumstances:
(i)When a license is on probation.
(ii)When the terms of agreement in a facility compliance plan require an annual inspection.
(iii)When an accusation against a licensee is pending.
(iv)When a facility requires an annual inspection as a condition of receiving federal financial participation.
(v)In order to verify that a person who has been ordered out of a facility by the department is no longer at the facility.
(C)(i)The department shall conduct annual unannounced inspections of no less than 20 percent of facilities, except for foster family homes, not subject to an inspection under subparagraph (B).
(ii)The department shall conduct annual announced inspections of no less than 20 percent of foster family homes not subject to an inspection under subparagraph (B).
(iii)These inspections shall be conducted based on a random sampling methodology developed by the department.
(iv)If the total citations issued by the department to facilities exceed the previous years total by 10 percent, the following year the department shall increase the random sample by an additional 10 percent of the facilities not subject to an inspection under subparagraph (B). The department may request additional resources to increase the random sample by 10 percent.
(v)The department shall not inspect a licensed community care facility less often than once every five years.
(3)In order to facilitate direct contact with group home or short-term residential treatment center clients, the department may interview children who are clients of group homes or short-term residential treatment centers at any public agency or private agency at which the client may be found, including, but not limited to, a juvenile hall, recreation or vocational program, or a public or nonpublic school. The department shall respect the rights of the child while conducting the interview, including informing the child that he or she has the right not to be interviewed and the right to have another adult present during the interview.
(4)The department shall notify the community care facility in writing of all deficiencies in its compliance with the provisions of this chapter and the rules and regulations adopted pursuant to this chapter, and shall set a reasonable length of time for compliance by the facility.
(5)Reports on the results of each inspection, evaluation, or consultation shall be kept on file in the department, and all inspection reports, consultation reports, lists of deficiencies, and plans of correction shall be open to public inspection.
(b)(1)This section does not limit the authority of the department to inspect or evaluate a licensed foster family agency, a certified family home, or any aspect of a program in which a licensed community care facility is certifying compliance with licensing requirements.
(2)(A)A foster family agency shall conduct an announced inspection of a certified family home during the annual recertification described in Section 1506 in order to ensure that the certified family home meets all applicable licensing standards. A foster family agency may inspect a certified family home as often as necessary to ensure the quality of care provided.
(B)In addition to the inspections required pursuant to subparagraph (A), a foster family agency shall conduct an unannounced inspection of a certified family home under any of the following circumstances:
(i)When a certified family home is on probation.
(ii)When the terms of the agreement in a facility compliance plan require an annual inspection.
(iii)When an accusation against a certified family home is pending.
(iv)When a certified family home requires an annual inspection as a condition of receiving federal financial participation.
(v)In order to verify that a person who has been ordered out of a certified family home by the department is no longer at the home.
(3)Upon a finding of noncompliance by the department, the department may require a foster family agency to deny or revoke the certificate of approval of a certified family home, or take other action the department may deem necessary for the protection of a child placed with the certified family home. The certified parent or prospective foster parent shall be afforded the due process provided pursuant to this chapter.
(4)If the department requires a foster family agency to deny or revoke the certificate of approval, the department shall serve an order of denial or revocation upon the certified or prospective foster parent and foster family agency that shall notify the certified or prospective foster parent of the basis of the departments action and of the certified or prospective foster parents right to a hearing.
(5)Within 15 days after the department serves an order of denial or revocation, the certified or prospective foster parent may file a written appeal of the departments decision with the department. The departments action shall be final if the certified or prospective foster parent does not file a written appeal within 15 days after the department serves the denial or revocation order.
(6)The departments order of the denial or revocation of the certificate of approval shall remain in effect until the hearing is completed and the director has made a final determination on the merits.
(7)A certified or prospective foster parent who files a written appeal of the departments order with the department pursuant to this section shall, as part of the written request, provide his or her current mailing address. The certified or prospective foster parent shall subsequently notify the department in writing of any change in mailing address, until the hearing process has been completed or terminated.
(8)Hearings held pursuant to this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. In all proceedings conducted in accordance with this section the standard of proof shall be by a preponderance of the evidence.
(9)The department may institute or continue a disciplinary proceeding against a certified or prospective foster parent upon any ground provided by this section or Section 1550, enter an order denying or revoking the certificate of approval, or otherwise take disciplinary action against the certified or prospective foster parent, notwithstanding any resignation, withdrawal of application, surrender of the certificate of approval, or denial or revocation of the certificate of approval by the foster family agency.
(10)A foster family agencys failure to comply with the departments order to deny or revoke the certificate of approval by placing or retaining children in care shall be grounds for disciplining the licensee pursuant to Section 1550.
SEC. 25.SEC. 27.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, 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.
(b)Subject to subdivision (c), to encourage the recruitment of foster family homes and certified family homes of foster family agencies, protect their personal privacy, and to preserve the security and confidentiality of the placements in the homes, the names, addresses, and other identifying information of facilities licensed as foster family homes and certified family homes of foster family agencies providing 24-hour care for six or fewer children shall be considered personal information for purposes of the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). This information shall not be disclosed by any state or local agency pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), except as necessary for administering the licensing program, facilitating the placement of children in these facilities, and providing names and addresses only to bona fide professional foster parent organizations upon request.
(c)Notwithstanding subdivision (b), the department, a county, or a foster family agency may request information from, or divulge information to, the department, a county, or a foster family agency, regarding a prospective certified parent, foster parent, or relative caregiver for the purpose of, and as necessary to, conduct a reference check to determine whether it is safe and appropriate to license, certify, or approve an applicant to be a certified parent, foster parent, or relative caregiver.
(d)The department may issue a citation and, after the issuance of that citation, may assess a civil penalty of fifty dollars ($50) per day for each instance of a foster family agencys failure to provide the department with the information required by subdivision (h) of Section 88061 of Title 22 of the California Code of Regulations.
(e)The Legislature encourages the department, when funds are available for this purpose, to develop a database that would include all of the following information:
(1)Monthly reports by a foster family agency regarding family homes.
(2)A log of family homes certified and decertified, provided by a foster family agency to the department.
(3)Notification by a foster family agency to the department informing the department of a foster family agencys determination to decertify a certified family home due to any of the following actions by the certified family parent:
(A)Violating licensing rules and regulations.
(B)Aiding, abetting, or permitting the violation of licensing rules and regulations.
(C)Conducting oneself in a way that is inimical to the health, morals, welfare, or safety of a child placed in that certified family home.
(D)Being convicted of a crime while a certified family parent.
(E)Knowingly allowing any child to have illegal drugs or alcohol.
(F)Committing an act of child abuse or neglect or an act of violence against another person.
SEC. 26.SEC. 28.Section 1538.3 of the Health and Safety Code is amended to read:1538.3.A county may develop a cooperative agreement with the department to access disclosable, public record information from an automated system, other than the system described in Section 1538.2, concerning substantiated complaints for all group home or short-term residential treatment centers, as defined by regulations of the department, located within that county. Access to the database may be accomplished through a secure online transaction protocol.
SEC. 27.SEC. 29.Section 1538.5 of the Health and Safety Code is amended to read:1538.5.(a)(1)Not less than 30 days prior to the anniversary of the effective date of a residential community care facility license, except licensed foster family homes, the department may transmit a copy to the board members of the licensed facility, parents, legal guardians, conservators, clients rights advocates, or placement agencies, as designated in each residents placement agreement, of all inspection reports given to the facility by the department during the past year as a result of a substantiated complaint regarding a violation of this chapter relating to resident abuse and neglect, food, sanitation, incidental medical care, and residential supervision. During that one-year period the copy of the notices transmitted and the proof of the transmittal shall be open for public inspection.
(2)The department may transmit copies of the inspection reports referred to in paragraph (1) concerning a group home or short-term residential treatment center, as defined by regulations of the department, to the county in which the group home or short-term residential treatment center is located, if requested by that county.
(3)A group home or short-term residential treatment center shall maintain, at the facility, a copy of all licensing reports for the past three years that would be accessible to the public through the department, for inspection by placement officials, current and prospective facility clients, and these clients family members who visit the facility.
(b)The facility operator, at the expense of the facility, shall transmit a copy of all substantiated complaints, by certified mail, to those persons described pursuant to paragraph (1) of subdivision (a) in the following cases:
(1)In the case of a substantiated complaint relating to resident physical or sexual abuse, the facility shall have three days from the date the facility receives the licensing report from the department to comply.
(2)In the case in which a facility has received three or more substantiated complaints relating to the same violation during the past 12 months, the facility shall have five days from the date the facility receives the licensing report to comply.
(c)A residential facility shall retain a copy of the notices transmitted pursuant to subdivision (b) and proof of their transmittal by certified mail for a period of one year after their transmittal.
(d)If a residential facility to which this section applies fails to comply with this section, as determined by the department, the department shall initiate civil penalty action against the facility in accordance with this article and the related rules and regulations.
(e)Not less than 30 days prior to the anniversary of the effective date of the license of any group home or short-term residential treatment center, as defined by regulations of the department, at the request of the county in which the group home or short-term residential treatment center is located, a group home or short-term residential treatment center shall transmit to the county a copy of all incident reports prepared by the group home or short-term residential treatment center and transmitted to a placement agency, as described in subdivision (f) of Section 1536.1, in a county other than the county in which the group home or short-term residential treatment center is located that involved a response by local law enforcement or emergency services personnel, including runaway incidents. The county shall designate an official for the receipt of the incident reports and shall notify the group home or short-term residential treatment center of the designation. Prior to transmitting copies of incident reports to the county, the group home or short-term residential treatment center shall redact the name of any child referenced in the incident reports, and other identifying information regarding any child referenced in the reports. The county may review the incident reports to ensure that the group home or short-term residential treatment center has taken appropriate action to ensure the health and safety of the residents of the facility.
(f)The department shall notify the residential community care facility of its obligation when it is required to comply with this section.
SEC. 28.SEC. 30.Section 1538.6 of the Health and Safety Code is amended to read:1538.6.(a)When the department periodically reviews the record of substantiated complaints against each group home or short-term residential treatment center, pursuant to its oversight role as prescribed by Section 1534, to determine whether the nature, number, and severity of incidents upon which complaints were based constitute a basis for concern as to whether the provider is capable of effectively and efficiently operating the program, and if the department determines that there is cause for concern, it may contact the county in which a group home or short-term residential treatment center is located and placement agencies in other counties using the group home or short-term residential treatment center, and request their recommendations as to what action, if any, the department should take with regard to the providers status as a licensed group home or short-term residential treatment center provider.
(b)It is the intent of the Legislature that the department make every effort to communicate with the county in which a group home or short-term residential treatment center is located when the department has concerns about group homes or short-term residential treatment centers within that county.
SEC. 29.SEC. 31.Section 1538.7 of the Health and Safety Code is amended to read:1538.7.(a)A group home, transitional housing placement provider, community treatment facility, runaway and homeless youth shelter, or short-term residential treatment center shall report to the departments Community Care Licensing Division upon the occurrence of any incident concerning a child in the facility involving contact with law enforcement. At least every six months, the facility shall provide a followup report for each incident, including the type of incident, whether the incident involved an alleged violation of any crime described in Section 602 of the Welfare and Institutions Code by a child residing in the facility; whether staff, children, or both were involved; the gender, race, ethnicity, and age of children involved; and the outcomes, including arrests, removals of children from placement, or termination or suspension of staff.
(b)(1)If the department determines that, based on the licensed capacity, a facility has reported, pursuant to subdivision (a), a greater than average number of law enforcement contacts involving an alleged violation of any crime described in Section 602 of the Welfare and Institutions Code by a child residing in the facility, the department shall inspect the facility at least once a year.
(2)An inspection conducted pursuant to paragraph (1) does not constitute an unannounced inspection required pursuant to Section 1534.
(c)If an inspection is required pursuant to subdivision (b), the Community Care Licensing Division shall provide the report to the departments Children and Family Services Division and to any other public agency that has certified the facilitys program or any component of the facilitys program including, but not limited to, the State Department of Health Care Services, which certifies group homes or short-term residential treatment centers pursuant to Section 4096.5 of the Welfare and Institutions Code.
SEC. 30.SEC. 32.Section 1548 of the Health and Safety Code, as added by Section 2 of Chapter 813 of the Statutes of 2014, is amended to read:1548.(a)In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department may levy a civil penalty.
(b)The amount of the civil penalty shall not be less than twenty-five dollars ($25) or more than fifty dollars ($50) per day for each violation of this chapter except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. In no event, shall a civil penalty assessment exceed one hundred fifty dollars ($150) per day per violation.
(c)Notwithstanding Section 1534, the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations:
(1)(A)Fire clearance violations, including, but not limited to, overcapacity, ambulatory status, inoperable smoke alarms, and inoperable fire alarm systems. The civil penalty shall not be assessed if the licensee has done either of the following:
(i)Requested the appropriate fire clearance based on ambulatory, nonambulatory, or bedridden status, and the decision is pending.
(ii)Initiated eviction proceedings.
(B)A licensee denied a clearance for bedridden residents may appeal to the fire authority, and, if that appeal is denied, may subsequently appeal to the Office of the State Fire Marshal, and shall not be assessed an immediate civil penalty until the final appeal is decided, or after 60 days has passed from the date of the citation, whichever is earlier.
(2)Absence of supervision, as required by statute or regulation.
(3)Accessible bodies of water when prohibited in this chapter or regulations adopted pursuant to this chapter.
(4)Accessible firearms, ammunition, or both.
(5)Refused entry to a facility or any part of a facility in violation of Section 1533, 1534, or 1538.
(6)The presence of an excluded person on the premises.
(d)(1)For a violation that the department determines resulted in the death of a resident at an adult residential facility, social rehabilitation facility, enhanced behavioral supports home, or community crisis home, the civil penalty shall be fifteen thousand dollars ($15,000).
(2)For a violation that the department determines resulted in the death of a person receiving care at an adult day program, the civil penalty shall be assessed as follows:
(A)Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensees facilities, to care for 50 or less persons.
(B)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for more than 50 persons.
(3)For a violation that the department determines resulted in the death of a person receiving care at a therapeutic day services facility, foster family agency, community treatment facility, full-service adoption agency, noncustodial adoption agency, transitional shelter care facility, transitional housing placement provider, group home, or short-term residential treatment center, the civil penalty shall be assessed as follows:
(A)Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensees facilities, to care for 40 or less children.
(B)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for 41 to 100, inclusive, children.
(C)Fifteen thousand dollars ($15,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(4)For a violation that the department determines resulted in the death of a resident at a runaway and homeless youth shelter, the civil penalty shall be five thousand dollars ($5,000).
(e)(1)(A)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident at an adult residential facility, social rehabilitation facility, enhanced behavioral supports home, or community crisis home, the civil penalty shall be ten thousand dollars ($10,000).
(B)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a person receiving care at an adult day program, the civil penalty shall be assessed as follows:
(i)Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensees facilities, to care for 50 or less persons.
(ii)Five thousand dollars ($5,000) for a licensee licensed, among all of the licensees facilities, to care for more than 50 persons.
(C)For a violation that the department determines constitutes physical abuse, as defined in paragraph (2), or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a person receiving care at a therapeutic day services facility, foster family agency, community treatment facility, full-service adoption agency, noncustodial adoption agency, transitional shelter care facility, transitional housing placement provider, group home, or short-term residential treatment center, the civil penalty shall be assessed as follows:
(i)Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensees facilities, to care for 40 or less children.
(ii)Five thousand dollars ($5,000) for a licensee licensed, among all of the licensees facilities, to care for 41 to 100, inclusive, children.
(iii)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(D)For a violation that the department determines constitutes physical abuse, as defined in paragraph (2), or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident at a runaway and homeless youth shelter, the civil penalty shall be one thousand dollars ($1,000).
(2)For purposes of subparagraphs (C) and (D), physical abuse includes physical injury inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165.1 of the Penal Code, neglect as defined in Section 11165.2 of the Penal Code, or unlawful corporal punishment or injury as defined in Section 11165.4 of the Penal Code when the person responsible for the childs welfare is a licensee, administrator, or employee of any facility licensed to care for children.
(f)Prior to the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the director.
(g)Notwithstanding Section 1534, any facility that is cited for repeating the same violation of this chapter within 12 months of the first violation is subject to an immediate civil penalty of one hundred fifty dollars ($150) and fifty dollars ($50) for each day the violation continues until the deficiency is corrected.
(h)Any facility that is assessed a civil penalty pursuant to subdivision (g) that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) is subject to an immediate civil penalty of one hundred fifty dollars ($150) for each day the violation continues until the deficiency is corrected.
(i)(1)The department shall adopt regulations setting forth the appeal procedures for deficiencies.
(2)A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 10 days of receipt of the notice of a civil penalty assessment and shall provide all supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. If the regional manager determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the regional managers decision within 60 days of the request to review the assessment of the civil penalty.
(3)The licensee may further appeal to the program administrator of the Community Care Licensing Division within 10 days of receipt of the notice of the regional managers decision and shall provide all supporting documentation at that time. If the program administrator determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the program administrators decision within 60 days of the request to review the regional managers decision.
(4)The licensee may further appeal to the deputy director of the Community Care Licensing Division within 10 days of receipt of the notice of the program directors decision and shall provide all supporting documentation at that time. If the deputy director determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the deputy directors decision within 60 days of the request to review the program administrators decision.
(5)Upon exhausting the deputy director review, a licensee may appeal a civil penalty assessed pursuant to subdivision (d) or (e) to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.
(6)If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.
(j)The department shall adopt regulations implementing this section.
(k)The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by the act that added this subdivision.
(l)As provided in Section 11466.31 of the Welfare and Institutions Code, the department may offset civil penalties owed by a group home or short-term residential treatment center against moneys to be paid by a county for the care of minors after the group home or short-term residential treatment center has exhausted its appeal of the civil penalty assessment. The department shall provide the group home or short-term residential treatment center a reasonable opportunity to pay the civil penalty before instituting the offset provision.
(m)This section shall become operative on July 1, 2015.
SEC. 31.SEC. 33.Section 1562 of the Health and Safety Code is amended to read:1562.(a)The department shall ensure that operators and staffs of community care facilities have appropriate training to provide the care and services for which a license or certificate is issued. The section shall not apply to a facility licensed as an Adult Residential Facility for Persons with Special Health Care Needs pursuant to Article 9 (commencing with Section 1567.50).
(b)It is the intent of the Legislature that children in foster care reside in the least restrictive, family-based settings that can meet their needs, and that group homes and short-term residential treatment centers will be used only for short-term, specialized, and intensive treatment purposes that are consistent with a case plan that is determined by a childs best interests. Accordingly, the Legislature encourages the department to adopt policies, practices, and guidance that ensure that the education, qualification, and training requirements for child care staff in group homes and short-term residential treatment centers are consistent with the intended role of group homes and short-term residential treatment centers to provide short-term, specialized, and intensive treatment, with a particular focus on crisis intervention, behavioral stabilization, and other treatment-related goals, as well as the connections between those efforts and work toward permanency for children.
(c)(1)Each person employed as a facility manager or staff member of a group home or short-term residential treatment center, as defined in paragraphs (13) and (18) of subdivision (a) of Section 1502, who provides direct care and supervision to children and youth residing in the group home or short-term residential treatment center shall be at least 21 years of age.
(2)Paragraph (1) shall not apply to a facility manager or staff member employed at the group home before October 1, 2014.
(3)For purposes of this subdivision, group home does not include a runaway and homeless youth shelter.
SEC. 32.SEC. 34.Section 1562.01 is added to the Health and Safety Code, to read:1562.01.(a)(1)Commencing January 1, 2017, the department shall license short-term residential treatment centers, as defined in paragraph (18) of subdivision (a) of Section 1502, pursuant to this chapter. The department may license a facility as a short-term residential treatment center prior to January 1, 2017. A short-term residential treatment center shall comply with all requirements of this chapter that are applicable to group homes and to the requirements of this section.
(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 (4) of subdivision (b) of Section 11462 of the Welfare and Institutions Code.
(2)Notwithstanding paragraph (1), the department may issue a provisional license to a short-term residential treatment center and may extend the term of the provisional license not to exceed two years in order for the short-term residential treatment center to secure accreditation as set forth in subdivision (a) of Section 1520.1.
(2)
(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.
(3)(A)
(d)(1)A short-term residential treatment center shall prepare and maintain a current, written plan of operation as required by the department.
(B)
(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:
(i)Description of the short-term residential treatment centers 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, on and after January 1, 2017, 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)Protocols for developing a needs and services plan, in collaboration with the child and family team 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 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.
(iii)
(iv)Any other information that may be prescribed by the department for the proper administration of this section.
(b)
(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 on and after January 1, 2017, in subdivision (g) of Section 11462.02 of the Welfare and Institutions Code.
(c)
(f)(1)Upon request of a county, Prior to licensure, a short-term residential treatment center shall submit its plan of operation to the county placing agency which it will primarily serve. The county may review the plan of operation to determine whether to issue a certification of serve for certification. The department shall not issue a license to a short-term residential treatment center unless the short-term residential treatment center submits evidence of certification by the host county, the primary placing county, or a regional consortium of counties that includes all of the following:
(A)The program is needed by the county.
(B)The provider is capable of effectively and efficiently operating the program.
(C)The provider is willing and able to accept placements who need the level of care and services that will be provided by the program.
(D)The plan of operation is suitable to meet the needs of the identified population.
(2)In its decision regarding issuance of an AFDC-FC rate, the department may consider whether the county has made the certification required in paragraph (1).
(E)That, if the certification is not being issued by the host county, the primary placing county has notified the host county of its intention to issue the certification and the host county was given the opportunity of 30 days to respond to this notification and to discuss options with the primary placing county. The county may decline to review the plan of operation. If the county declines the review, it shall notify the department and the department shall make the certification pursuant to this paragraph.
(3)
(2)The department shall establish procedures for certification pursuant to paragraph (1), in consultation with the County Welfare Directors Association, Chief Probation Officers of California, and other stakeholders, as appropriate.
(d)
(g)(1)The department shall adopt regulations to establish requirements for the education, qualification, and training of facility managers and child care staff in short-term residential treatment centers consistent with the intended role of these facilities to provide short-term, specialized, and intensive treatment.
(2)Requirements shall include, but not be limited to, all of the following:
(A)Staff classifications.
(B)Specification of the date by which employees shall be required to meet the education, qualification, and training 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 or neglect on child development and behavior and methods to behaviorally support children impacted by such trauma.
(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 interaction, the importance of self-esteem, and interpersonal skills.
(E)Core practice model.
(F)An overview of the child welfare and probation systems.
(G)Prudent Parent Standard.
(H)Cultural needs of children, including, but not limited to, instruction on cultural competency and respect relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(I)Awareness and identification of commercial sexual exploitation and best practices for providing care and supervision to commercially sexually exploited children.
(J)The Indian Child Welfare Act that informs on its historical significance, the rights of children covered by the act, and instructs on the best interests of Indian children as including culturally appropriate child centered practice that respects American Indian history, culture, and retention of tribal membership and connection to the tribal community.
(K)Permanence and well-being 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)Preparation of children for a successful transition to adulthood including, but not limited to, emancipation and independent living skills.
(N)Health issues in foster care, including, but not limited to, the authorization, uses, risks, benefits, assistance with self-administration, oversight, and monitoring of psychotropic medications, and trauma, behavioral health, and other available behavioral health treatments, for children receiving child welfare services, including how to access those treatments.
(O)De-escalation, crisis intervention, and positive behavior management techniques.
(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.
(e)
(j)Notwithstanding any other section of this chapter, the department shall 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.
(f)
(k)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 on and after January 1, 2017, pursuant to subdivision (c) of Section 11462 of the Welfare and Institutions Code.
SEC. 33.SEC. 35.Section 1562.35 of the Health and Safety Code is amended to read:1562.35.Notwithstanding any law to the contrary, including, but not limited to Section 1562.3, vendors approved by the department who exclusively provide either initial or continuing education courses for certification of administrators of an adult residential facility as defined by the department, a group home facility as defined by the department, a short-term residential treatment center as defined by the department, or a residential care facility for the elderly as defined in subdivision (k) of Section 1569.2, shall be regulated solely by the department pursuant to this chapter. No other state or local governmental entity shall be responsible for regulating the activity of those vendors.
SEC. 34.SEC. 36.Section 1563 of the Health and Safety Code is amended to read:1563.(a)The department shall ensure that licensing personnel at the department have appropriate training to properly carry out this chapter.
(b)The department shall institute a staff development and training program to develop among departmental staff the knowledge and understanding necessary to successfully carry out this chapter. Specifically, the program shall do all of the following:
(1)Provide staff with 36 hours of training per year that reflects the needs of persons served by community care facilities. This training shall, where appropriate, include specialized instruction in the needs of foster children, persons with mental disorders, or developmental or physical disabilities, or other groups served by specialized community care facilities.
(2)Give priority to applications for employment from persons with experience as care providers to persons served by community care facilities.
(3)Provide new staff with comprehensive training within the first six months of employment. This comprehensive training shall, at a minimum, include the following core areas: administrative action process, client populations, conducting facility visits, cultural awareness, documentation skills, facility operations, human relation skills, interviewing techniques, investigation processes, and regulation administration.
(c)In addition to the requirements in subdivision (b), group home, short-term residential treatment center, and foster family agency licensing personnel shall receive a minimum of 24 hours of training per year to increase their understanding of children in group homes, short-term residential treatment centers, certified homes, and foster family homes. The training shall cover, but not be limited to, all of the following topics:
(1)The types and characteristics of emotionally troubled children.
(2)The high-risk behaviors they exhibit.
(3)The biological, psychological, interpersonal, and social contributors to these behaviors.
(4)The range of management and treatment interventions utilized for these children, including, but not limited to, nonviolent, emergency intervention techniques.
(5)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(d)The training described in subdivisions (b) and (c) may include the following topics:
(1)An overview of the child protective and probation systems.
(2)The effects of trauma, including grief and loss, and child abuse or neglect on child development and behavior, and methods to behaviorally support children impacted by that trauma.
(3)Positive discipline, the importance of self-esteem, and interpersonal skills.
(4)Health issues in foster care, including, but not limited to, the authorization, uses, risks, benefits, assistance with self-administration, oversight, and monitoring of psychotropic medications, and trauma, behavioral health, and other behavioral health treatments, for children receiving child welfare services, including how to access those treatments.
(5)Accessing education, health, and behavioral health services available to foster children.
(6)Cultural needs of children, including, but not limited to, instruction on cultural competency and respect relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(7)Understanding how to use best practices for providing care and supervision to commercially sexually exploited children.
(8)Understanding the Indian Child Welfare Act, its historical significance, the rights of children covered by the act, and the best interests of those 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.
(9)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.
(10)Permanence and well-being needs of children.
(11)Child and adolescent development and sexual orientation, gender identify, and gender expression.
(12)The role of foster parents, including working cooperatively with the child welfare agency, the childs family, and other service providers implementing the case plan.
(13)A foster parents responsibility to act as a reasonable and prudent parent; and to provide a family setting that promotes normal childhood experiences and that serves the needs of the child.
(14)Preparation of children for a successful transition to adulthood.
(15)De-escalation, crisis intervention, and positive behavior management techniques.
SEC. 35.SEC. 37.Section 1567.4 of the Health and Safety Code is amended to read:1567.4.The State Department of Social Services shall provide, at cost, quarterly to each county and to each city, upon the request of the county or city, and to the chief probation officer of each county and city and county, a roster of all community care facilities licensed as small family homes, short-term residential treatment centers, or group homes located in the county, which provide services to wards of the juvenile court, including information as to whether each facility is licensed by the state or the county, the type of facility, and the licensed bed capacity of each such facility. Information concerning the facility shall be limited to that available through the computer system of the State Department of Social Services.
SEC. 36.SEC. 38.Section 11105.2 of the Penal Code is amended to read:11105.2.(a)The Department of Justice may provide subsequent state or federal arrest or disposition notification to any entity authorized by state or federal law to receive state or federal summary criminal history information to assist in fulfilling employment, licensing, certification duties, or the duties of approving relative caregivers, nonrelative extended family members, and resource families upon the arrest or disposition of any person whose fingerprints are maintained on file at the Department of Justice or the Federal Bureau of Investigation as the result of an application for licensing, employment, certification, or approval. Nothing in this section shall authorize the notification of a subsequent disposition pertaining to a disposition that does not result in a conviction, unless the department has previously received notification of the arrest and has previously lawfully notified a receiving entity of the pending status of that arrest. When the department supplies subsequent arrest or disposition notification to a receiving entity, the entity shall, at the same time, expeditiously furnish a copy of the information to the person to whom it relates if the information is a basis for an adverse employment, licensing, or certification decision. When furnished other than in person, the copy shall be delivered to the last contact information provided by the applicant.
(b)For purposes of this section, approval means those duties described in subdivision (d) of Section 309 of the Welfare and Institutions Code for approving the home of a relative caregiver or of a nonrelative extended family member for placement of a child supervised by the juvenile court, and those duties in Section 16519.5 of the Welfare and Institutions Code for resource families.
(c)Any entity, other than a law enforcement agency employing peace officers as defined in Section 830.1, subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section 830.3, subdivisions (a) and (b) of Section 830.5, and subdivision (a) of Section 830.31, shall enter into a contract with the Department of Justice in order to receive notification of subsequent state or federal arrests or dispositions for licensing, employment, or certification purposes.
(d)Any entity that submits the fingerprints of applicants for licensing, employment, certification, or approval to the Department of Justice for the purpose of establishing a record of the applicant to receive notification of subsequent state or federal arrests or dispositions shall immediately notify the department when the employment of the applicant is terminated, when the applicants license or certificate is revoked, when the applicant may no longer renew or reinstate the license or certificate, or when a relative caregivers or nonrelative extended family members approval is terminated. The Department of Justice shall terminate state or federal subsequent notification on any applicant upon the request of the licensing, employment, certifying, or approving authority.
(e)Any entity that receives a notification of a state or federal subsequent arrest or disposition for a person unknown to the entity, or for a person no longer employed by the entity, or no longer eligible to renew the certificate or license for which subsequent notification service was established shall immediately return the subsequent notification to the Department of Justice, informing the department that the entity is no longer interested in the applicant. The entity shall not record or otherwise retain any information received as a result of the subsequent notice.
(f)Any entity that submits the fingerprints of an applicant for employment, licensing, certification, or approval to the Department of Justice for the purpose of establishing a record at the department or the Federal Bureau of Investigation to receive notification of subsequent arrest or disposition shall immediately notify the department if the applicant is not subsequently employed, or if the applicant is denied licensing certification, or approval.
(g)An entity that fails to provide the Department of Justice with notification as set forth in subdivisions (c), (d), and (e) may be denied further subsequent notification service.
(h)Notwithstanding subdivisions (c), (d), and (f), subsequent notification by the Department of Justice and retention by the employing agency shall continue as to retired peace officers listed in subdivision (c) of Section 830.5.
SEC. 37.SEC. 39.Section 11105.3 of the Penal Code is amended to read:11105.3.(a)Notwithstanding any other law, a human resource agency or an employer may request from the Department of Justice records of all convictions or any arrest pending adjudication involving the offenses specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code of a person who applies for a license, employment, or volunteer position, in which he or she would have supervisory or disciplinary power over a minor or any person under his or her care. The department shall furnish the information to the requesting employer and shall also send a copy of the information to the applicant.
(b)Any request for records under subdivision (a) shall include the applicants fingerprints, which may be taken by the requester, and any other data specified by the department. The request shall be on a form approved by the department, and the department may charge a fee to be paid by the employer, human resource agency, or applicant for the actual cost of processing the request. However, no fee shall be charged to a nonprofit organization. Requests received by the department for federal level criminal offender record information shall be forwarded to the Federal Bureau of Investigation by the department to be searched for any record of arrests or convictions.
(c)(1)When a request pursuant to this section reveals that a prospective employee or volunteer has been convicted of a violation or attempted violation of Section 220, 261.5, 262, 273a, 273d, or 273.5, or any sex offense listed in Section 290, except for the offense specified in subdivision (d) of Section 243.4, and where the agency or employer hires the prospective employee or volunteer, the agency or employer shall notify the parents or guardians of any minor who will be supervised or disciplined by the employee or volunteer. A conviction for a violation or attempted violation of an offense committed outside the State of California shall be included in this notice if the offense would have been a crime specified in this subdivision if committed in California. The notice shall be given to the parents or guardians with whom the child resides, and shall be given at least 10 days prior to the day that the employee or volunteer begins his or her duties or tasks. Notwithstanding any other law, any person who conveys or receives information in good faith and in conformity with this section is exempt from prosecution under Section 11142 or 11143 for that conveying or receiving of information. Notwithstanding subdivision (d), the notification requirements of this subdivision shall apply as an additional requirement of any other provision of law requiring criminal record access or dissemination of criminal history information.
(2)The notification requirement pursuant to paragraph (1) shall not apply to a misdemeanor conviction for violating Section 261.5 or to a conviction for violating Section 262 or 273.5. Nothing in this paragraph shall preclude an employer from requesting records of convictions for violating Section 261.5, 262, or 273.5 from the Department of Justice pursuant to this section.
(d)Nothing in this section supersedes any law requiring criminal record access or dissemination of criminal history information. In any conflict with another statute, dissemination of criminal history information shall be pursuant to the mandatory statute. This subdivision applies to, but is not limited to, requirements pursuant to Article 1 (commencing with Section 1500) of Chapter 3 of, and Chapter 3.2 (commencing with Section 1569) and Chapter 3.4 (commencing with Section 1596.70) of, Division 2 of, and Section 1522 of, the Health and Safety Code, and Sections 8712, 8811, and 8908 of the Family Code, and Section 16519.5 of the Welfare and Institutions Code.
(e)The department may adopt regulations to implement the provisions of this section as necessary.
(f)As used in this section, employer means any nonprofit corporation or other organization specified by the Attorney General that employs or uses the services of volunteers in positions in which the volunteer or employee has supervisory or disciplinary power over a child or children.
(g)As used in this section, human resource agency means a public or private entity, excluding any agency responsible for licensing of facilities pursuant to the California Community Care Facilities Act (Chapter 3 (commencing with Section 1500)), the California Residential Care Facilities for the Elderly Act (Chapter 3.2 (commencing with Section 1569)), Chapter 3.01 (commencing with Section 1568.01), and the California Child Day Care Facilities Act (Chapter 3.4 (commencing with Section 1596.70)) of Division 2 of the Health and Safety Code, responsible for determining the character and fitness of a person who is:
(1)Applying for a license, employment, or as a volunteer within the human services field that involves the care and security of children, the elderly, the handicapped, or the mentally impaired.
(2)Applying to be a volunteer who transports individuals impaired by drugs or alcohol.
(3)Applying to adopt a child or to be a foster parent.
(h)Except as provided in subdivision (c), any criminal history information obtained pursuant to this section is confidential and no recipient shall disclose its contents other than for the purpose for which it was acquired.
(i)As used in this subdivision, community youth athletic program means an employer having as its primary purpose the promotion or provision of athletic activities for youth under 18 years of age.
(j)A community youth athletic program, as defined in subdivision (i), may request state and federal level criminal history information pursuant to subdivision (a) for a volunteer coach or hired coach candidate. The director of the community youth athletic program shall be the custodian of records.
(k)The community youth athletic program may request from the Department of Justice subsequent arrest notification service, as provided in Section 11105.2, for a volunteer coach or a hired coach candidate.
(l)Compliance with this section does not remove or limit the liability of a mandated reporter pursuant to Section 11166.
SEC. 38.Section 361.2 of the Welfare and Institutions Code is amended to read:361.2.(a)When a court orders removal of a child pursuant to Section 361, the court shall first determine whether there is a parent of the child, with whom the child was not residing at the time that the events or conditions arose that brought the child within the provisions of Section 300, who desires to assume custody of the child. If that parent requests custody, the court shall place the child with the parent unless it finds that placement with that parent would be detrimental to the safety, protection, or physical or emotional well-being of the child. The fact that the parent is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with his or her parent shall not be, for that reason alone, prima facie evidence that placement with that parent would be detrimental.
(b)If the court places the child with that parent it may do any of the following:
(1)Order that the parent become legal and physical custodian of the child. The court may also provide reasonable visitation by the noncustodial parent. The court shall then terminate its jurisdiction over the child. The custody order shall continue unless modified by a subsequent order of the superior court. The order of the juvenile court shall be filed in any domestic relation proceeding between the parents.
(2)Order that the parent assume custody subject to the jurisdiction of the juvenile court and require that a home visit be conducted within three months. In determining whether to take the action described in this paragraph, the court shall consider any concerns that have been raised by the childs 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 parents immigration status.
(2)The approved home of a relative, regardless of the relatives immigration status.
(3)The approved home of a nonrelative extended family member as defined in Section 362.7.
(4)The approved home of a resource family as defined in Section 16519.5.
(5)A foster home in which the child has been placed before an interruption in foster care, if that placement is in the best interest of the child and space is available.
(6)A suitable licensed community care facility, except a runaway and homeless youth shelter licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code.
(7)With a foster family agency to be placed in a suitable licensed foster family home or certified family home that has been certified by the agency as meeting licensing standards.
(8)A home or facility in accordance with the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(9)A child under six years of age shall not be placed in a community care facility licensed as a group home for children, a short-term residential treatment center as defined in subdivision (ad) of Section 11400, or a temporary shelter care facility as defined in Section 1530.8 of the Health and Safety Code, except under any of the following circumstances:
(A)(i)When a case plan indicates that placement is for purposes of providing short-term, specialized, and intensive treatment to the child, the case plan specifies the need for, nature of, and anticipated duration of this treatment, pursuant to paragraph (2) of subdivision (c) of Section 16501.1, the case plan includes transitioning the child to a less restrictive environment and the projected timeline by which the child will be transitioned to a less restrictive environment, and the facility meets the applicable regulations adopted under Section 1530.8 of the Health and Safety Code and standards developed pursuant to Section 11467.1 of this code, and the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department has approved the case plan.
(ii)The short-term, specialized, and intensive treatment period shall not exceed 120 days, unless the county has made progress toward or is actively working toward implementing the case plan that identifies the services or supports necessary to transition the child to a family setting, circumstances beyond the countys control have prevented the county from obtaining those services or supports within the timeline documented in the case plan, and the need for additional time pursuant to the case plan is documented by the caseworker and approved by a deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department.
(iii)To the extent that placements pursuant to this paragraph are extended beyond an initial 120 days, the requirements of clauses (i) and (ii) shall apply to each extension. In addition, the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department shall approve the continued placement no less frequently than every 60 days.
(B)When a case plan indicates that placement is for purposes of providing family reunification services. In addition, the facility offers family reunification services that meet the needs of the individual child and his or her family, permits parents to have reasonable access to their children 24 hours a day, encourages extensive parental involvement in meeting the daily needs of their children, and employs staff trained to provide family reunification services. In addition, one of the following conditions exists:
(i)The childs parent is also a ward of the court and resides in the facility.
(ii)The childs parent is participating in a treatment program affiliated with the facility and the childs placement in the facility facilitates the coordination and provision of reunification services.
(iii)Placement in the facility is the only alternative that permits the parent to have daily 24-hour access to the child in accordance with the case plan, to participate fully in meeting all of the daily needs of the child, including feeding and personal hygiene, and to have access to necessary reunification services.
(10)(A)A child who is 6 to 12 years of age, inclusive, may be placed in a community care facility licensed as a group home for children or a short-term residential treatment center as defined in subdivision (ad) of Section 11400, only when a case plan indicates that placement is for purposes of providing short-term, specialized, and intensive treatment for the child, the case plan specifies the need for, nature of, and anticipated duration of this treatment, pursuant to paragraph (2) of subdivision (c) of Section 16501.1, the case plan includes transitioning the child to a less restrictive environment and the projected timeline by which the child will be transitioned to a less restrictive environment, and is approved by the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department.
(B)The short term, specialized, and intensive treatment period shall not exceed six months, unless the county has made progress or is actively working toward implementing the case plan that identifies the services or supports necessary to transition the child to a family setting, circumstances beyond the countys control have prevented the county from obtaining those services or supports within the timeline documented in the case plan, and the need for additional time pursuant to the case plan is documented by the caseworker and approved by a deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department.
(C)To the extent that placements pursuant to this paragraph are extended beyond an initial six months, the requirements of subparagraphs (A) and (B) shall apply to each extension. In addition, the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department shall approve the continued placement no less frequently than every 60 days.
(11)A child may be placed into a community care facility licensed as a group home or a short-term residential treatment center, as defined in subdivision (ad) of Section 11400, only when the case plan indicates that placement is for purposes of providing short-term, specialized, and intensive treatment for the child, the case plan specifies the need for, nature of, and anticipated duration of this treatment, pursuant to paragraph (2) of subdivision (c) of Section 16501.1, and the case plan includes transitioning the child to a less restrictive environment and the projected timeline by which the child will be transitioned to a less restrictive environment.
(12)A licensed short-term residential treatment center, as defined in paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code, provided he or she meets at least one of the following conditions:
(A)The child has been 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)The child has been assessed as having an emotional disturbance pursuant to Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations.
(C)The child has been assessed as requiring the level of services provided to maintain the safety of the child or others due to behaviors that render the child or those around the child unsafe, or that prevent the effective delivery of needed services and supports provided in the childs own home or in other family settings, such as with a relative, guardian, foster family, resource family, or adoptive family. In certain circumstances, this may include the following children:
(i)A commercially or sexually exploited child.
(ii)A juvenile sex offender.
(iii)A child who is affiliated with or impacted by a gang.
(13)A licensed foster family agency, as defined in paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code, which provides treatment services, if he or she meets at least one of the following conditions:
(A)A child who has been 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)A child assessed as having an emotional disturbance pursuant to Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations.
(C)A child who has been assessed as requiring the level of services to meet his or her behavioral or therapeutic needs.
(14)The assessments described in paragraphs (12) and (13) shall be made pursuant to subparagraphs (C) and (D) of paragraph (1) of subdivision (a) of Section 11462.01.
(15)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 childs 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 childs parent or guardian in order to facilitate reunification of the family.
(2)In the event that there are no appropriate placements available in the parents or guardians county of residence, a placement may be made in an appropriate place in another county, preferably a county located adjacent to the parents or guardians community of residence.
(3)Nothing in this section shall be interpreted as requiring multiple disruptions of the childs 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 parents or guardians 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 childs parents or guardians county of residence, the specific reason the out-of-county placement is necessary shall be documented in the childs case plan. If the reason the out-of-county placement is necessary is the lack of resources in the sending county to meet the specific needs of the child, those specific resource needs shall be documented in the case plan.
(5)When it has been determined that a child is to be placed out of county either in a group home or a short-term residential treatment center, or with a foster family agency for subsequent placement in a certified foster family home, and the sending county is to maintain responsibility for supervision and visitation of the child, the sending county shall develop a plan of supervision and visitation that specifies the supervision and visitation activities to be performed and specifies that the sending county is responsible for performing those activities. In addition to the plan of supervision and visitation, the sending county shall document information regarding any known or suspected dangerous behavior of the child that indicates the child may pose a safety concern in the receiving county. 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 childs health or well-being is endangered by delaying the action or would be endangered if prior notice were given. The notice shall state the reasons which require placement outside the county. The parent or guardian may object to the placement not later than seven days after receipt of the notice and, upon objection, the court shall hold a hearing not later than five days after the objection and prior to the placement. The court shall order out-of-county placement if it finds that the childs particular needs require placement outside the county.
(i)When the court has ordered removal of the child from the physical custody of his or her parents pursuant to Section 361, the court shall consider whether the family ties and best interest of the child will be served by granting visitation rights to the childs grandparents. The court shall clearly specify those rights to the social worker.
(j)When the court has ordered removal of the child from the physical custody of his or her parents pursuant to Section 361, the court shall consider whether there are any siblings under the courts jurisdiction, or any nondependent siblings in the physical custody of a parent subject to the courts 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 childs 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 childs caregiver is able to meet the day-to-day health, safety, and well-being needs of the child.
(B)The childs caregiver is permitted to maintain the least restrictive and most family-like environment that serves the day-to-day needs of the child.
(C)The child is permitted to engage in reasonable, age-appropriate day-to-day activities that promote the most family-like environment for the foster child.
(2)The foster childs 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 childs caregiver to permit the child to engage in day-to-day activities that carry an unreasonable risk of harm, or subject the child to abuse or neglect.
SEC. 40.Section 361.2 of the Welfare and Institutions Code is amended to read:361.2.(a)When a court orders removal of a child pursuant to Section 361, the court shall first determine whether there is a parent of the child, with whom the child was not residing at the time that the events or conditions arose that brought the child within the provisions of Section 300, who desires to assume custody of the child. If that parent requests custody, the court shall place the child with the parent unless it finds that placement with that parent would be detrimental to the safety, protection, or physical or emotional well-being of the child. The fact that the parent is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with his or her parent shall not be, for that reason alone, prima facie evidence that placement with that parent would be detrimental.
(b)If the court places the child with that parent it may do any of the following:
(1)Order that the parent become legal and physical custodian of the child. The court may also provide reasonable visitation by the noncustodial parent. The court shall then terminate its jurisdiction over the child. The custody order shall continue unless modified by a subsequent order of the superior court. The order of the juvenile court shall be filed in any domestic relation proceeding between the parents.
(2)Order that the parent assume custody subject to the jurisdiction of the juvenile court and require that a home visit be conducted within three months. In determining whether to take the action described in this paragraph, the court shall consider any concerns that have been raised by the childs 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 parents immigration status.
(2)The approved home of a relative, regardless of the relatives immigration status.
(3)The approved home of a nonrelative extended family member as defined in Section 362.7.
(4)The approved home of a resource family as defined in Section 16519.5.
(5)A foster home in which the child has been placed before an interruption in foster care, if that placement is in the best interest of the child and space is available.
(6)A suitable licensed community care facility, except a runaway and homeless youth shelter licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code.
(7)With a foster family agency to be placed in a suitable licensed foster family home or certified family home which has been certified by the agency as meeting licensing standards.
(8)A home or facility in accordance with the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(9)A child under six years of age may be placed in a community care facility licensed as a group home for children, or a temporary shelter care facility as defined in Section 1530.8 of the Health and Safety Code, only under any of the following circumstances:
(A)(i)When a case plan indicates that placement is for purposes of providing short term, specialized, and intensive treatment to the child, the case plan specifies the need for, nature of, and anticipated duration of this treatment, pursuant to paragraph (2) of subdivision (c) of Section 16501.1, the facility meets the applicable regulations adopted under Section 1530.8 of the Health and Safety Code and standards developed pursuant to Section 11467.1 of this code, and the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department has approved the case plan.
(ii)The short term, specialized, and intensive treatment period shall not exceed 120 days, unless the county has made progress toward or is actively working toward implementing the case plan that identifies the services or supports necessary to transition the child to a family setting, circumstances beyond the countys control have prevented the county from obtaining those services or supports within the timeline documented in the case plan, and the need for additional time pursuant to the case plan is documented by the caseworker and approved by a deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department.
(iii)To the extent that placements pursuant to this paragraph are extended beyond an initial 120 days, the requirements of clauses (i) and (ii) shall apply to each extension. In addition, the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department shall approve the continued placement no less frequently than every 60 days.
(B)When a case plan indicates that placement is for purposes of providing family reunification services. In addition, the facility offers family reunification services that meet the needs of the individual child and his or her family, permits parents to have reasonable access to their children 24 hours a day, encourages extensive parental involvement in meeting the daily needs of their children, and employs staff trained to provide family reunification services. In addition, one of the following conditions exists:
(i)The childs parent is also a ward of the court and resides in the facility.
(ii)The childs parent is participating in a treatment program affiliated with the facility and the childs placement in the facility facilitates the coordination and provision of reunification services.
(iii)Placement in the facility is the only alternative that permits the parent to have daily 24-hour access to the child in accordance with the case plan, to participate fully in meeting all of the daily needs of the child, including feeding and personal hygiene, and to have access to necessary reunification services.
(10)(A)A child who is 6 to 12 years of age, inclusive, may be placed in a community care facility licensed as a group home for children only when a case plan indicates that placement is for purposes of providing short term, specialized, and intensive treatment for the child, the case plan specifies the need for, nature of, and anticipated duration of this treatment, pursuant to paragraph (2) of subdivision (c) of Section 16501.1, and is approved by the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department.
(B)The short term, specialized, and intensive treatment period shall not exceed six months, unless the county has made progress or is actively working toward implementing the case plan that identifies the services or supports necessary to transition the child to a family setting, circumstances beyond the countys control have prevented the county from obtaining those services or supports within the timeline documented in the case plan, and the need for additional time pursuant to the case plan is documented by the caseworker and approved by a deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department.
(C)To the extent that placements pursuant to this paragraph are extended beyond an initial six months, the requirements of subparagraphs (A) and (B) shall apply to each extension. In addition, the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department shall approve the continued placement no less frequently than every 60 days.
(11)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 childs 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 childs parent or guardian in order to facilitate reunification of the family.
(2)In the event that there are no appropriate placements available in the parents or guardians county of residence, a placement may be made in an appropriate place in another county, preferably a county located adjacent to the parents or guardians community of residence.
(3)Nothing in this section shall be interpreted as requiring multiple disruptions of the childs 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 parents or guardians 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 childs parents or guardians county of residence, the specific reason the out-of-county placement is necessary shall be documented in the childs 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 childs health or well-being is endangered by delaying the action or would be endangered if prior notice were given. The notice shall state the reasons which require placement outside the county. The parent or guardian may object to the placement not later than seven days after receipt of the notice and, upon objection, the court shall hold a hearing not later than five days after the objection and prior to the placement. The court shall order out-of-county placement if it finds that the childs particular needs require placement outside the county.
(i)Where 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 childs grandparents. The court shall clearly specify those rights to the social worker.
(j)Where 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 courts jurisdiction, or any nondependent siblings in the physical custody of a parent subject to the courts 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 childs 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 childs caregiver is able to meet the day-to-day health, safety, and well-being needs of the child.
(B)The childs caregiver is permitted to maintain the least restrictive and most family-like environment that serves the day-to-day needs of the child.
(C)The child is permitted to engage in reasonable, age-appropriate day-to-day activities that promote the most family-like environment for the foster child.
(2)The foster childs 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 childs 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.
(3)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 41.Section 361.2 is added to the Welfare and Institutions Code, 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 childs 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 parents immigration status.
(2)The approved home of a relative, regardless of the relatives 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 that meets the mental health certification requirements of Section 11462.01, to be placed in a suitable family home certified by the agency as meeting licensing standards.
(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, 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; and the placement is approved by the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department.
(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 temporary shelter care facility as defined in Section 1530.8 of the Health and Safety Code, 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 or an assistant chief probation officer or chief probation officer of the county probation department has approved the case plan.
(ii)The short term, specialized, and intensive treatment period shall not exceed 120 days, unless the county has made progress toward or is actively working toward implementing the case plan that identifies the services or supports necessary to transition the child to a family setting, circumstances beyond the countys control have prevented the county from obtaining those services or supports within the timeline documented in the case plan, and the need for additional time pursuant to the case plan is documented by the caseworker and approved by a deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department.
(iii)To the extent that placements pursuant to this paragraph are extended beyond an initial 120 days, the requirements of clauses (i) and (ii) shall apply to each extension. In addition, the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department shall approve the continued placement no less frequently than every 60 days.
(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 childs parent is also a ward of the court and resides in the facility.
(II)The childs parent is participating in a treatment program affiliated with the facility and the childs 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 countys control have prevented the county from obtaining those services or supports within the timeline documented in the case plan, and the need for additional time pursuant to the case plan is documented by the caseworker and approved by a deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department.
(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 or an assistant chief probation officer or chief probation officer of the county probation department shall approve the continued placement no less frequently than every 60 days.
(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 childs 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 childs parent or guardian in order to facilitate reunification of the family.
(2)In the event that there are no appropriate placements available in the parents or guardians county of residence, a placement may be made in an appropriate place in another county, preferably a county located adjacent to the parents or guardians community of residence.
(3)Nothing in this section shall be interpreted as requiring multiple disruptions of the childs 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 parents or guardians 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 childs parents or guardians county of residence, the specific reason the out-of-county placement is necessary shall be documented in the childs 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 childs health or well-being is endangered by delaying the action or would be endangered if prior notice were given. The notice shall state the reasons which require placement outside the county. The parent or guardian may object to the placement not later than seven days after receipt of the notice and, upon objection, the court shall hold a hearing not later than five days after the objection and prior to the placement. The court shall order out-of-county placement if it finds that the childs 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 childs 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 courts jurisdiction, or any nondependent siblings in the physical custody of a parent subject to the courts 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 childs 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 childs caregiver is able to meet the day-to-day health, safety, and well-being needs of the child.
(B)The childs caregiver is permitted to maintain the least restrictive and most family-like environment that serves the day-to-day needs of the child.
(C)The child is permitted to engage in reasonable, age-appropriate day-to-day activities that promote the most family-like environment for the foster child.
(2)The foster childs 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 childs 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. 39.SEC. 42.Section 706.6 of the Welfare and Institutions Code is amended to read:706.6.(a)Services to minors are best provided in a framework that integrates service planning and delivery among multiple service systems, including the mental health system, using a team-based approach, such as a child and family team. A child and family team brings together individuals that engage with the child or youth and family in assessing, planning, and delivering services. Use of a team approach increases efficiency, and thus reduces cost, by increasing coordination of formal services and integrating the natural and informal supports available to the child or youth and family.
(b)(1)For the purposes of this section, child and family team means a supportive team that informs the process of placement and services to children and youth in foster care or who are at risk of foster care placement. The child and family team is comprised of the child or youth, the childs family, the caregiver, the placing agency caseworker, a county mental health representative, and a representative of the childs or youths tribe or Indian custodian, as applicable. As appropriate, the child and family team also may include, but is not limited to, behavioral health representatives and other formal supports, such as educational professionals and representatives from other agencies providing services to the child or youth and family. For purposes of this definition, the child and family team also may include extended family and informal support persons, such as friends, coaches, faith-based connections, and tribes as identified by the child or youth and family. If placement into a short-term residential treatment center or a foster family agency that provides treatment services has occurred or is being considered, the mental health representative is required to be a licensed mental health professional. has the same meaning as in paragraph (4) of subdivision (a) of Section 16501.
(2)The case plan shall be developed in collaboration with the child and family team. The agency shall consider the recommendations of the child and family team. The agency shall document the rationale for any inconsistencies between the case plan and the child and family team recommendations.
(c)A case plan prepared as required by Section 706.5 shall be submitted to the court. It shall either be attached to the social study or incorporated as a separate section within the social study. The case plan shall include, but not be limited to, the following information:
(1)A description of the circumstances that resulted in the minor being placed under the supervision of the probation department and in foster care.
(2)An A preplacement assessment of the minors and familys strengths and service needs and documentation that preplacement preventive services have been provided, and that reasonable efforts to prevent out-of-home placement have been made. The assessment shall include the type of placement best equipped to meet those needs.
(3)(A)A description of the type of home or institution in which the minor is to be placed, and the reasons for that placement decision, including a discussion of the safety and appropriateness of the placement, including the recommendations of the child and family team, if available.
(B)An appropriate placement is a placement in the least restrictive, most family-like environment, in closest proximity to the minors home, that meets the minors best interests and special needs.
(d)Commencing January 1, 2017, the The following shall apply:
(1)The agency selecting a placement shall consider, in order of priority:
(A)Placement with relatives, nonrelated extended family members, and tribal members.
(B)Foster family homes and nontreatment certified homes of foster family agencies.
(C)Treatment and intensive treatment certified homes of foster family agencies, or multidimensional treatment foster homes or therapeutic foster care homes.
(D)Group care placements in the following order:
(i)Short-term residential treatment centers.
(ii)Group homes.
(iii)Community treatment facilities.
(iv)Out-of-state residential treatment pursuant to Part 5 (commencing with Section 7900) of Division 12 of the Family Code.
(2)A minor may be placed into a community care facility licensed as a short-term residential treatment center, as defined in subdivision (ad) of Section 11400, provided the case plan indicates that the placement is for the purposes of providing short-term, specialized, and intensive treatment for the minor, the case plan specifies the need for, nature of, and anticipated duration of this treatment, and the case plan includes transitioning the minor to a less restrictive environment and the projected timeline by which the minor will be transitioned to a less restrictive environment.
(e)Effective January 1, 2010, a case plan shall ensure the educational stability of the child while in foster care and shall include both of the following:
(1)Assurances that the placement takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement.
(2)An assurance that the placement agency has coordinated with appropriate local educational agencies to ensure that the child remains in the school in which the child is enrolled at the time of placement, or, if remaining in that school is not in the best interests of the child, assurances by the placement agency and the local educational agency to provide immediate and appropriate enrollment in a new school and to provide all of the childs educational records to the new school.
(f)Specific time-limited goals and related activities designed to enable the safe return of the minor to his or her home, or in the event that return to his or her home is not possible, activities designed to result in permanent placement or emancipation. Specific responsibility for carrying out the planned activities shall be assigned to one or more of the following:
(1)The probation department.
(2)The minors parent or parents or legal guardian or guardians, as applicable.
(3)The minor.
(4)The foster parents or licensed agency providing foster care.
(g)The projected date of completion of the case plan objectives and the date services will be terminated.
(h)(1)Scheduled visits between the minor and his or her family and an explanation if no visits are made.
(2)Whether the child has other siblings, and, if any siblings exist, all of the following:
(A)The nature of the relationship between the child and his or her siblings.
(B)The appropriateness of developing or maintaining the sibling relationships pursuant to Section 16002.
(C)If the siblings are not placed together in the same home, why the siblings are not placed together and what efforts are being made to place the siblings together, or why those efforts are not appropriate.
(D)If the siblings are not placed together, all of the following:
(i)The frequency and nature of the visits between the siblings.
(ii)If there are visits between the siblings, whether the visits are supervised or unsupervised. If the visits are supervised, a discussion of the reasons why the visits are supervised, and what needs to be accomplished in order for the visits to be unsupervised.
(iii)If there are visits between the siblings, a description of the location and length of the visits.
(iv)Any plan to increase visitation between the siblings.
(E)The impact of the sibling relationships on the childs placement and planning for legal permanence.
(F)The continuing need to suspend sibling interaction, if applicable, pursuant to subdivision (c) of Section 16002.
(3)The factors the court may consider in making a determination regarding the nature of the childs sibling relationships may include, but are not limited to, whether the siblings were raised together in the same home, whether the siblings have shared significant common experiences or have existing close and strong bonds, whether either sibling expresses a desire to visit or live with his or her sibling, as applicable, and whether ongoing contact is in the childs best emotional interests.
(i)(1)When placement is made in a foster family home, group home, or other child care institution that is either a substantial distance from the home of the minors parent or legal guardian or out-of-state, the case plan shall specify the reasons why the placement is the most appropriate and is in the best interest of the minor.
(2)When an out-of-state group home placement is recommended or made, the case plan shall comply with Section 727.1 and Section 7911.1 of the Family Code. In addition, documentation of the recommendation of the multidisciplinary team and the rationale for this particular placement shall be included. The case plan shall also address what in-state services or facilities were used or considered and why they were not recommended.
(j)If applicable, efforts to make it possible to place siblings together, unless it has been determined that placement together is not in the best interest of one or more siblings.
(k)A schedule of visits between the minor and the probation officer, including a monthly visitation schedule for those children placed in group homes.
(l)Health and education information about the minor, school records, immunizations, known medical problems, and any known medications the minor may be taking, names and addresses of the minors health and educational providers; the minors grade level performance; assurances that the minors placement in foster care takes into account proximity to the school in which the minor was enrolled at the time of placement; and other relevant health and educational information.
(m)When out-of-home services are used and the goal is reunification, the case plan shall describe the services that were provided to prevent removal of the minor from the home, those services to be provided to assist in reunification and the services to be provided concurrently to achieve legal permanency if efforts to reunify fail.
(n)The updated case plan prepared for a permanency planning hearing shall include a recommendation for a permanent plan for the minor. If, after considering reunification, adoptive placement, legal guardianship, or permanent placement with a fit and willing relative the probation officer recommends placement in a planned permanent living arrangement, the case plan shall include documentation of a compelling reason or reasons why termination of parental rights is not in the minors best interest. For purposes of this subdivision, a compelling reason shall have the same meaning as in subdivision (c) of Section 727.3.
(o)Each updated case plan shall include a description of the services that have been provided to the minor under the plan and an evaluation of the appropriateness and effectiveness of those services.
(p)A statement that the parent or legal guardian, and the minor have had an opportunity to participate in the development of the case plan, to review the case plan, to sign the case plan, and to receive a copy of the plan, or an explanation about why the parent, legal guardian, or minor was not able to participate or sign the case plan.
(q)For a minor in out-of-home care who is 16 years of age or older, a written description of the programs and services, which will help the minor prepare for the transition from foster care to independent living.
SEC. 40.SEC. 43.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 who may place the minor or nonminor in any of the following: officer.
(4)It is the sole responsibility 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 the recommendations of the child and family team and shall document the rationale for any inconsistencies between the child and family team recommendations and the final placement of the ward. 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 minors medical, surgical, and dental care and education as if the relative caretaker were the custodial parent of the minor.
(B)The A foster home, the approved home of a resource family as defined in Section 16519.5. 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 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. If placement is in a treatment program, the requirements of Section 11462.01 shall be met.
(D)
(E)Commencing January 1, 2017, a minor or nonminor dependent may be placed in a short-term residential treatment center as defined in 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, that provides treatment services. services, provided that the requirements of Section 11462.01 are met.
(E)
(F)With a foster family agency to be placed in a suitable licensed foster family home or certified family home that has been certified by the agency as meeting licensing standards.
(F)
(G)(i)Every minor adjudged a ward of the juvenile court who is residing in a placement as defined in subparagraphs (A) to(E), inclusive, 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 minors 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)
(H)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.
(4)
(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 courts 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)When placements are made pursuant to subparagraph (D) of paragraph (3) of subdivision (a) the following shall apply:
(1)A minor may be placed in a short-term residential treatment center provided he or she meets at least one of the following conditions:
(A)The child has been 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)The child has been assessed as having an emotional disturbance pursuant to Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations.
(C)The child has been assessed as requiring the level of services provided to maintain the safety of the child or others due to behaviors that render the child or those around the child unsafe, or that prevent the effective delivery of needed services and supports provided in the childs own home or in other family settings, such as with a relative, guardian, foster family, resource family, or adoptive family. In certain circumstances, this may include the following children:
(i)A commercially or sexually exploited child.
(ii)A juvenile sex offender.
(iii)A child who is affiliated with or impacted by a gang.
(2)A licensed foster family agency, as defined in paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code, which provides treatment services, if he or she meets at least one of the following conditions:
(A)A child who has been 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)A child assessed as having an emotional disturbance pursuant to Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations.
(C)A child who has been assessed as requiring the level of services to meet his or her behavioral or therapeutic needs.
(3)The assessments described in paragraphs (1) and (2) shall be made pursuant to subparagraphs (C) and (D) of paragraph (1) of subdivision (a) of Section 11462.01.
(d)
(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.
(e)
(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), (c), and (d), and (c), including orders to appear before a county financial evaluation officer, to ensure the minors 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. 41.SEC. 44.Section 727.1 of the Welfare and Institutions Code is amended to read:727.1.(a)When the court orders the care, custody, and control of the minor to be under the supervision of the probation officer for foster care placement pursuant to subdivision (a) of Section 727, the decision regarding choice of placement shall be based upon selection of a safe setting that is the least restrictive or most family like, and the most appropriate setting that is available and in close proximity to the parents home, consistent with the selection of the environment best suited to meet the minors special needs and best interests. The selection shall consider, in order of priority, placement with relatives, tribal members, and foster family, group care, and residential treatment pursuant to Section 7950 of the Family Code.
(b)Unless otherwise authorized by law, the court may not order the placement of a minor who is adjudged a ward of the court on the basis that he or she is a person described by either Section 601 or 602 in a private residential facility or program that provides 24-hour supervision, outside of the state, unless the court finds, in its order of placement, that all of the following conditions are met:
(1)In-state facilities or programs have been determined to be unavailable or inadequate to meet the needs of the minor.
(2)The State Department of Social Services or its designee has performed initial and continuing inspection of the out-of-state residential facility or program and has either certified that the facility or program meets the greater of all licensure standards required of group homes or of short-term residential treatment centers operated in California, or that the department has granted a waiver to a specific licensing standard upon a finding that there exists no adverse impact to health and safety, pursuant to subdivision (c) of Section 7911.1 of the Family Code.
(3)The requirements of Section 7911.1 of the Family Code are met.
(c)If, upon inspection, the probation officer of the county in which the minor is adjudged a ward of the court determines that the out-of-state facility or program is not in compliance with the standards required under paragraph (2) of subdivision (b) or has an adverse impact on the health and safety of the minor, the probation officer may temporarily remove the minor from the facility or program. The probation officer shall promptly inform the court of the minors removal, and shall return the minor to the court for a hearing to review the suitability of continued out-of-state placement. The probation officer shall, within one business day of removing the minor, notify the State Department of Social Services Compact Administrator, and, within five working days, submit a written report of the findings and actions taken.
(d)The court shall review each of these placements for compliance with the requirements of subdivision (b) at least once every six months.
(e)The county shall not be entitled to receive or expend any public funds for the placement of a minor in an out-of-state group home or short-term residential treatment center, unless the conditions of subdivisions (b) and (d) are met.
SEC. 42.SEC. 45.Section 827.11 is added to the Welfare and Institutions Code, to read:827.11.(a)The Legislature finds and declares all of the following:
(1)It is the intent of the Legislature to ensure quality care for children and youth who are placed in the continuum of foster care settings.
(2)Attracting and retaining quality caregivers is critical to achieving positive outcomes for children, youth, and families, and to ensuring the success of child welfare improvement efforts.
(3)Quality caregivers strengthen foster care by ensuring that a foster or relative family caring for a child provides the loving, committed, and skilled care that the child needs, while working effectively with the child welfare system to reach the childs goals.
(4)Caregivers who are informed of the childs educational, medical, dental, and mental health history and current needs are better able to meet those needs and address the effects of trauma, increasing placement stability and improving permanency outcomes.
(5)Sharing necessary information with the caregiver is a critical component of effective service delivery for children and youth in foster care.
(b)Therefore, consistent with state and federal law, information shall be provided to a caregiver regarding the childs or youths educational, medical, dental, and mental health history and current needs.
(c)This section is declaratory of existing law and is not intended to impose a new program or higher level of service upon any local agency. It is intended, however, that this restatement of existing law should engender a renewed sense of commitment to engaging foster parents in order to provide quality care to children and youth in foster care.
(d)No later than January 1, 2017, the department shall consult with representatives of the County Counsels Association of California, County Welfare Directors Association of California, and stakeholders to develop regulations or identify policy changes necessary to allow for the sharing of information as described in this section.
SEC. 43.SEC. 46.Section 831 is added to the Welfare and Institutions Code, to read:831.(a)(1)To promote more effective communication needed for the development of a plan to address the needs of the child or youth and family, a person designated as a member of a child and family team as defined in paragraph (4) of subdivision (a) of Section 16501 may receive and disclose relevant information and records, subject to the confidentiality provisions of state and federal law.
(2)Information exchanged among the team shall be received in confidence for the limited purpose of providing necessary services and supports to the child or youth and family and shall not be further disclosed except to the juvenile court with jurisdiction over the child or as otherwise required by law. Civil and criminal penalties may apply to the inappropriate disclosure of information held by the team.
(b)(1) Each participant in the child and family team with legal power to consent shall sign an authorization to release information to team members. In the event that a child or youth who is a dependent or ward of the juvenile court does not have the legal power to consent to the release of information, the court childs attorney or other authorized individual may consent on behalf of the child.
(2)Authorization to release information shall be in writing and shall comply with all other applicable state law governing release of medical, mental health, social service, and educational records, and that covers identified team members, including service providers, in order to permit the release of records to the team.
(3)This authorization shall not include release of adoption records.
(4)The knowing and informed consent to release information given pursuant to this section shall only be in force for the time that the child or youth, or family, or nonminor dependent, is participating in the child and family team.
(c)Upon obtaining the authorization to release information as described in subdivision (b), relevant information and records may be shared with members of the team. If the team determines that the disclosure of information would present a reasonable risk of a significant adverse or detrimental effect on the minors childs or youths psychological or physical safety, the information shall not be released.
(d)Information and records communicated or provided to the team, by all providers, programs, and agencies, as well as information and records created by the team in the course of serving its children, youth, and their families, shall be deemed private and confidential and shall be protected from discovery and disclosure by all applicable statutory and common law. Nothing in this section shall be construed to affect the authority of a health care provider to disclose medical information pursuant to paragraph (1) of subdivision (c) of Section 56.10 of the Civil Code.
(e)If the child welfare agency files or records, or any portions thereof, are privileged or confidential, pursuant to any other state law, except Section 827, or federal law or regulation, the requirements of that state law or federal law or regulation prohibiting or limiting release of the child welfare agency files or records, or any portions thereof, shall prevail.
(f)All discussions during team meetings are confidential unless disclosure is required by law. Notwithstanding any other law, testimony concerning any team meeting discussion is not admissible in any criminal or civil proceeding except as provided in paragraph (2) of subdivision (a).
(g)As used in this section, privileged information means any information subject to a privilege pursuant to Division 8 (commencing with Section 900) of the Evidence Code. Disclosure of otherwise privileged information to team members shall not be construed to waive the privilege.
SEC. 44.SEC. 47.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 Californias 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, 2018.
(d)For the 200102 fiscal year, the 200203 fiscal year, the 200304 fiscal year, and the 200405 fiscal year, community treatment facility programs shall also be paid a community treatment facility supplemental rate of up to two thousand five hundred dollars ($2,500) per child per month on behalf of children eligible under the foster care program and children placed out of home pursuant to an individualized education program developed under Section 7572.5 of the Government Code. Subject to the availability of funds, the supplemental rate shall be shared by the state and the counties. Counties shall be responsible for paying a county share of cost equal to 60 percent of the community treatment rate for children placed by counties in community treatment facilities and the state shall be responsible for 40 percent of the community treatment facility supplemental rate. The community treatment facility supplemental rate is intended to supplement, and not to supplant, the payments for which children placed in community treatment facilities are eligible to receive under the foster care program and the existing programs for mental health services.
(e)For initial ratesetting purposes for community treatment facility funding, the cost of mental health services shall be determined by deducting the foster care rate and the community treatment facility supplemental rate from the total allowable cost of the community treatment facility program. Payments to certified providers for mental health services shall be based on eligible services provided to children who are Medi-Cal beneficiaries, up to the approved federal rate for these services.
(f)The State Department of Health Care Services shall provide the community treatment facility supplemental rates to the counties for advanced payment to the community treatment facility providers in the same manner as the regular foster care payment and within the same required payment time limits.
(g)In order to facilitate the study of the costs of community treatment facilities, licensed community treatment facilities shall provide all documents regarding facility operations, treatment, and placements requested by the department.
(h)It is the intent of the Legislature that the State Department of Health Care Services and the State Department of Social Services work to maximize federal financial participation in funding for children placed in community treatment facilities through funds available pursuant to Titles IV-E and XIX of the federal Social Security Act (Title 42 U.S.C. Sec. 670 et seq. and Sec. 1396 et seq.) and other appropriate federal programs.
(i)The State Department of Health Care Services and the State Department of Social Services may adopt emergency regulations necessary to implement joint protocols for the oversight of community treatment facilities, to modify existing licensing regulations governing reporting requirements and other procedural and administrative mandates to take into account the seriousness and frequency of behaviors that are likely to be exhibited by the children who have been assessed as having an emotional disturbance pursuant to Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations 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. 45.SEC. 48.Section 4096 of the Welfare and Institutions Code is amended to read:4096.(a)(1)Interagency collaboration and childrens program services shall be structured in a manner that will facilitate future implementation of the goals of the Childrens Mental Health Services Act. Part 4 (commencing with Section 5850) of Division 5 to develop protocols outlining the roles and responsibilities of placing agencies and group homes regarding emergency and nonemergency placements of foster children in group homes.
(2)Components shall be added to state-county performance contracts required in Section 5650 that provide for reports from counties on how this section is implemented.
(3)The department shall develop performance contract components required by paragraph (2).
(4)Performance contracts subject to this section shall document that the procedures to be implemented in compliance with this section have been approved by the county social services department and the county probation department.
(b)Funds specified in subdivision (a) of Section 17601 for services to wards of the court and dependent children of the court shall be allocated and distributed to counties based on the number of wards of the court and dependent children of the court in the county.
(c)A county may utilize funds allocated pursuant to subdivision (b) only if the county has an established and operational interagency placement committee, with a membership that includes at least the county placement agency and a licensed mental health professional from the county department of mental health. If necessary, the funds may be used for costs associated with establishing the interagency placement committee.
(d)Subsequent to the establishment of an interagency placement committee, funds allocated pursuant to subdivision (b) shall be used to provide services to wards of the court and dependent children of the court jointly identified by county mental health, social services, and probation departments as the highest priority. Every effort shall be made to match those funds with funds received pursuant to Title XIX of the federal Social Security Act, contained in Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code.
(e)(1)Each interagency placement committee shall establish procedures whereby a ward of the court or dependent child of the court, or a voluntarily placed child whose placement is funded by the Aid to Families with Dependent Children-Foster Care Program, who is to be placed or is currently placed in a group home program at a rate classification level 13 or rate classification level 14 as specified in Section 11462.01, is assessed as having an emotional disturbance pursuant to Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations and Section 1502.4 of the Health and Safety Code.
(2)The assessment required by paragraph (1) shall also indicate that the child or youth is in need of the care and services provided by that group home program.
(f)The interagency placement committee shall document the results of the assessment required by subdivision (e) and shall notify the appropriate group home provider and county placing agency, in writing, of those results within 10 days of the completion of the assessment.
(g)If the childs or youths placement is not funded by the Aid to Families with Dependent Children-Foster Care Program, a licensed mental health professional, as defined in Sections 629 to 633, inclusive, of Title 9 of the California Code of Regulations, which is defined to include a physician licensed under Section 2050 of the Business and Professions Code, a licensed psychologist within the meaning of subdivision (a) of Section 2902 of the Business and Professions Code, a licensed clinical social worker within the meaning of subdivision (a) of Section 4996 of the Business and Professions Code, a licensed marriage and family therapist within the meaning of subdivision (b) of Section 4980 of the Business and Professions Code, or a licensed professional clinical counselor within the meaning of subdivision (e) of Section 4999.12, shall certify that the child is assessed as having an emotional disturbance as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations and Section 1502.4 of the Health and Safety Code.
(h)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 46.SEC. 49.Section 4096 is added to the Welfare and Institutions Code, to read:4096.(a)(1)Interagency collaboration and childrens program services shall be structured in a manner that will facilitate implementation of the goals of the Childrens Mental Health Services Act. Part 4 (commencing with Section 5850) of Division 5 to develop protocols outlining the roles and responsibilities of placing agencies and group homes regarding emergency and nonemergency placements of foster children in group homes.
(2)Components shall be added to state-county performance contracts required in Section 5650 that provide for reports from counties on how this section is implemented.
(3)The State Department of Health Care Services shall develop performance contract components required by paragraph (2).
(4)Performance contracts subject to this section shall document that the procedures to be implemented in compliance with this section have been approved by the county social services department and the county probation department.
(b)Funds specified in subdivision (a) of Section 17601 for services to wards of the court and dependent children of the court shall be allocated and distributed to counties based on the number of wards of the court and dependent children of the court in the county.
(c)A county may utilize funds allocated pursuant to subdivision (b) only if the county has an established and operational interagency placement committee with a membership that includes at least the county placement agency and a licensed mental health professional from the county department of mental health. If necessary, the funds may be used for costs associated with establishing the interagency placement committee.
(d)Funds allocated pursuant to subdivision (b) shall be used to provide services to wards of the court and dependent children of the court jointly identified by county mental health, social services, and probation departments as the highest priority. Every effort shall be made to match those funds with funds received pursuant to Title XIX of the federal Social Security Act, contained in Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code.
(e)(1)Each interagency placement committee shall establish procedures whereby a ward of the court or dependent child of the court, or a voluntarily placed child whose placement is funded by the Aid to Families with Dependent Children-Foster Care Program, who is to be placed or is currently placed in a short-term residential treatment center or foster family agency that provides treatment services, as specified in Section 11462.01, or a group home granted an extension pursuant to Section 11462.04, is assessed as having an emotional disturbance as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations and Section 1502.4 of the Health and Safety Code.
(2)The assessment required by paragraph (1) shall also indicate that the child is in need of the care and services provided by a short-term residential center or foster family agency that provides treatment services.
(3)In lieu of an assessment by the interagency placement committee required under paragraph (1), a child and family team, as defined in paragraph (4) of subdivision (a) of Section 16501, may utilize an assessment by a licensed mental health professional that was developed consistent with procedures established by the county under paragraph (1). Nothing in this paragraph shall prohibit the child and family team from considering an assessment provided by an interagency placement committee.
(f)The interagency placement committee or the child and family team, as appropriate, shall document the results of the assessment required by subdivision (e) and shall notify the appropriate provider in writing, of those results within 10 days of the completion of the assessment.
(g)If the childs or youths placement is not funded by the Aid to Families with Dependent Children-Foster Care Program, a licensed mental health professional professional, a physician licensed under Section 2050 of the Business and Professions Code, a licensed psychologist within the meaning of subdivision (a) Section 2902 of the Business and Professions Code, a licensed clinical social worker within the meaning of subdivision (a) of Section 4996 of the Business and Professions Code, a licensed marriage and family therapist within the meaning of subdivision (b) of Section 4980 of the Business and Professions Code, or a licensed professional clinical counselor within the meaning of subdivision (e) of Section 4999.12, shall certify that the child has been assessed as having an emotional disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations.
(h)This section shall become operative on January 1, 2017.
SEC. 47.SEC. 50.Section 4096.1 is added to the Welfare and Institutions Code, to read:4096.1.(a)(1)Interagency collaboration and childrens program services shall be structured in a manner that will facilitate future implementation of the goals of the Childrens Mental Health Services Act. Part 4 (commencing with Section 5850) of Division 5 to develop protocols outlining the roles and responsibilities of placing agencies and group homes regarding emergency and nonemergency placements of foster children in group homes.
(2)Components shall be added to state-county performance contracts required in Section 5650 that provide for reports from counties on how this section is implemented.
(3)The department State Department of Health Care Services shall develop performance contract components required by paragraph (2).
(4)Performance contracts subject to this section shall document that the procedures to be implemented in compliance with this section have been approved by the county social services department and the county probation department.
(b)Funds specified in subdivision (a) of Section 17601 for services to wards of the court and dependent children of the court shall be allocated and distributed to counties based on the number of wards of the court and dependent children of the court in the county.
(c)A county may utilize funds allocated pursuant to subdivision (b) only if the county has an established and operational interagency placement committee, with a membership that includes at least the county placement agency and a licensed mental health professional from the county department of mental health. If necessary, the funds may be used for costs associated with establishing the interagency placement committee.
(d)Subsequent to the establishment of an interagency placement committee, funds allocated pursuant to subdivision (b) shall be used to provide services to wards of the court and dependent children of the court jointly identified by county mental health, social services, and probation departments as the highest priority. Every effort shall be made to match those funds with funds received pursuant to Title XIX of the federal Social Security Act, contained in Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code.
(e)(1)Each interagency placement committee shall establish procedures whereby a ward of the court or dependent child of the court, or a voluntarily placed child whose placement is funded by the Aid to Families with Dependent Children-Foster Care Program, who is to be placed or is currently placed in a group home program at a rate classification level 13 or rate classification level 14 as specified in Section 11462.001, is assessed as having an emotional disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations.
(2)The assessment required by paragraph (1) shall also indicate that the child or youth is in need of the care and services provided by that group home program.
(f)The interagency placement committee shall document the results of the assessment required by subdivision (e) and shall notify the appropriate group home provider and county placing agency, in writing, of those results within 10 days of the completion of the assessment.
(g)If the childs or youths placement is not funded by the Aid to Families with Dependent Children-Foster Care Program, a licensed mental health professional, as defined in Sections 629 to 633, inclusive, of Title 9 of the California Code of Regulations, subdivision (g) of Section 4096, shall certify that the child has been assessed as having an emotional disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations.
(h)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.
(i)This section shall become operative on January 1, 2017.
(j)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 48.SEC. 51.Section 4096.5 of the Welfare and Institutions Code is amended to read:4096.5.(a)The State Department of Health Care Services shall make a determination, within 45 days of receiving a request from a group home to be classified at RCL 13 or RCL 14 pursuant to Section 11462.01, to certify or deny certification that the group home program includes provisions for mental health treatment services that meet the needs of children who have been assessed as having an emotional disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations. The department shall issue each certification for a period of one year and shall specify the effective date the program met the certification requirements. A program may be recertified if the program continues to meet the criteria for certification.
(b)The State Department of Health Care Services shall, in consultation with the California County Behavioral Health Directors Association of California and representatives of provider organizations, develop the criteria for the certification required by subdivision (a) by July 1, 1992.
(c)(1)The State Department of Health Care Services may, upon the request of a county, delegate to that county the certification task.
(2)Any county to which the certification task is delegated pursuant to paragraph (1) shall use the criteria and format developed by the department.
(d)The State Department of Health Care Services or delegated county shall notify the State Department of Social Services Community Care Licensing Division immediately upon the termination of any certification issued in accordance with subdivision (a).
(e)Upon receipt of notification from the State Department of Social Services Community Care Licensing Division of any adverse licensing action taken after the finding of noncompliance during an inspection conducted pursuant to Section 1538.7 of the Health and Safety Code, the State Department of Health Care Services or the delegated county shall review the certification issued pursuant to this section.
(f)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 49.SEC. 52.Section 4096.5 is added to the Welfare and Institutions Code, to read:4096.5.(a)All short-term residential treatment centers, and all foster family agencies that provide intensive treatment services as described in Section 11462.01, shall obtain and have in good standing a mental health certification certification, as described in Section 11462.01, issued by the State Department of Health Care Services or a county to which the department has delegated certification authority. This certification is a condition for receiving an Aid to Families with Dependent Children-Foster Care rate pursuant to Section 11462.015.
(b)The State Department of Health Care Services or a county to which the department has delegated certification authority shall certify or deny certification within 45 days of receiving a certification request. The State Department of Health Care Services or a county to which the department has delegated certification authority shall issue each certification for a period of one year and shall specify the effective date that the program met the program standards. Certified entities shall meet all program standards to be recertified.
(c)Pursuant to Section 11462.25, the The State Department of Health Care Services shall promulgate regulations regarding program standards, oversight, enforcement, and due process for the mental health certification of short-term residential treatment centers and foster family agencies that provide intensive or therapeutic treatment services.
(d)(1)Except for certification of short-term residential treatment centers or foster family agencies operated by a county, the State Department of Health Care Services may, upon the request of a county, delegate to that county the certification of short-term residential treatment centers and foster family agencies within its borders.
(2)Any county to which certification is delegated pursuant to paragraph (1) shall be responsible for the oversight and enforcement of program standards and the provision of due process for certified entities.
(e)The State Department of Health Care Services or a county to which the department has delegated certification authority shall notify the State Department of Social Services immediately upon the termination of any certification issued in accordance with subdivisions (a) and (b).
(f)The State Department of Social Services shall notify the State Department of Health Care Services or a county to which the department has delegated certification authority immediately upon the revocation of any license issued pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code.
(g)Revocation of a license or a mental health certification shall be a basis for rate termination.
(g)
(h)This section shall become operative on January 1, 2017.
SEC. 50.SEC. 53.Section 4096.55 is added to the Welfare and Institutions Code, to read:4096.55.(a)The State Department of Health Care Services shall make a determination, within 45 days of receiving a request from a group home to be classified at rate classification level 13 or rate classification level 14 pursuant to Section 11462.015, to certify or deny certification that the group home program includes provisions for mental health treatment services that meet the needs of children who have been assessed as having an emotional disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations. The department shall issue each certification for a period of one year and shall specify the effective date the program met the certification requirements. A program may be recertified if the program continues to meet the criteria for certification.
(b)The State Department of Health Care Services shall, in consultation with the California Behavioral Health Directors Association and representatives of provider organizations, develop the criteria for the certification required by subdivision (a).
(c)(1)The State Department of Health Care Services may, upon the request of a county, delegate to that county the certification task.
(2)Any county to which the certification task is delegated pursuant to paragraph (1) shall use the criteria and format developed by the department.
(d)The State Department of Health Care Services or delegated county shall notify the State Department of Social Services Community Care Licensing Division immediately upon the termination of any certification issued in accordance with subdivision (a).
(e)Upon receipt of notification from the State Department of Social Services Community Care Licensing Division of any adverse licensing action taken after the finding of noncompliance during an inspection conducted pursuant to Section 1538.7 of the Health and Safety Code, the State Department of Health Care Services or the delegated county shall review the certification issued pursuant to this section.
(f)This section shall only apply to a foster family agency 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. 11462.04.
(g)This section shall become operative on January 1, 2017.
(h)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 51.SEC. 54.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 childs needs. It shall also include the agencys 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 childs family, and the foster parents, in order to meet the childs needs while in foster care, and to reunify the child with the childs family. In addition, the plan shall specify the services that will be provided or steps that will be taken to facilitate an alternate permanent plan if reunification is not possible.
(c)Certified family home means a family residence certified by a licensed foster family agency and issued a certificate of approval by that agency as meeting licensing standards, and used only by that foster family agency for placements.
(d)Family home means the family residence of a licensee in which 24-hour care and supervision are provided for children.
(e)Small family home means any residential facility, in the licensees family residence, which provides 24-hour care for six or fewer foster children who have mental disorders or developmental or physical disabilities and who require special care and supervision as a result of their disabilities.
(f)Foster care means the 24-hour out-of-home care provided to children whose own families are unable or unwilling to care for them, and who are in need of temporary or long-term substitute parenting.
(g)Foster family agency means any individual or organization engaged in the recruiting, certifying, and training of, and providing professional support to, foster parents, or in finding homes or other places for placement of children for temporary or permanent care who require that level of care. a licensed community care facility, as defined in paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code, that provides treatment services, as described in Section 111462.01. 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 childs 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 childs return home or establishment of alternative permanent placement.
(j)Permanency planning hearing means a hearing conducted by the juvenile court in which the childs 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 childs placement; or to the responsibility designated to an individual by virtue of his or her being appointed the childs 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 members 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 nonminors 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 nonminors and social workers or probation officers 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 dependents 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 childs case plan submitted for the last review hearing held before he or she reaches 18 years of age or the nonminor dependents 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 nonminors appropriate supervised placement setting, and the nonminors 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 nonminors 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 nonminors 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 nonminors agreement to work collaboratively with the placing agency to develop his or her transitional independent living case plan within 60 days of reentry, the nonminors agreement to report any changes of circumstances relevant to continued eligibility for foster care payments, and (1) the nonminors 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 agencys 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 nonminors 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 courts transition jurisdiction under Section 450.
(ad)Short-term residential treatment center means a 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 childs or youths case plan specifies the need for, nature of, and anticipated duration of this specialized treatment.
(ae)Resource family means a placement, an approved caregiver, as defined in subdivision (c) of Section 16519.5.
SEC. 52.SEC. 55.Section 11402 of the Welfare and Institutions Code is amended to read:11402.In order to be eligible for AFDC-FC, a child or nonminor dependent shall be placed in one of the following:
(a)The approved home of a relative, provided the child or youth is otherwise eligible for federal financial participation in the AFDC-FC payment.
(b)(1)The licensed family home of a nonrelative.
(2)The approved home of a nonrelative extended family member as described in Section 362.7.
(c)The approved home of a resource family as defined in Section 16519.5.
(d)A licensed group home, as defined in subdivision (h) of Section 11400, excluding a runaway and homeless youth shelter as defined in subdivision (ab) of Section 11400, provided that the placement worker has documented that the placement is necessary to meet the treatment needs of the child 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)An exclusive-use home.
(g)A housing model certified by a licensed transitional housing placement provider as described in Section 1559.110 of the Health and Safety Code and as defined in subdivision (r) of Section 11400.
(h)An out-of-state group home, provided that the placement worker, in addition to complying with all other statutory requirements for placing a minor 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.
(i)An approved supervised independent living setting for nonminor dependents, as defined in subdivision (w) of Section 11400.
(j)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 53.SEC. 56.Section 11402 is added to the Welfare and Institutions Code, to read:11402.In order to be eligible for AFDC-FC, a child or nonminor dependent shall be placed in one of the following:
(a)The approved home of a relative, provided the child or youth is otherwise eligible for federal financial participation in the AFDC-FC payment.
(b)(1)The home of a nonrelated legal guardian or the home of a former nonrelated legal guardian when the guardianship of a child or youth who is otherwise eligible for AFDC-FC has been dismissed due to the child or youth attaining 18 years of age.
(2)The approved home of a nonrelative extended family member, as described in Section 362.7.
(c)(1)The licensed family home of a nonrelative.
(2)The approved home of a resource family, as defined in Section 16519.5.
(3)A licensed foster family agency for placement into a nontreatment foster home, provided that the program has accreditation from a nationally recognized entity identified by the State Department of Social Services pursuant to the process described in paragraph (8) of subdivision (b) of Section 11463.
(d)(1)A housing model certified by a licensed transitional housing placement provider, as described in Section 1559.110 of the Health and Safety Code, and as defined in subdivision (r) of Section 11400.
(2)An approved supervised independent living setting for nonminor dependents, as defined in subdivision (w) of Section 11400.
(e)A licensed foster family agency agency, as defined in paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code, for placement into a treatment foster home, provided that all of the following apply:
(1)The program has accreditation from a nationally recognized entity identified by the State Department of Social Services pursuant to the process described in paragraph (8) of subdivision (b) of Section 11463.
(2)The program has a mental health certificate pursuant to Section 11462.015.
(3)The placement worker has documented in the childs or youths case plan the need for, nature of, and anticipated duration of this specialized treatment to meet the treatment needs of the child or youth and that the facility offers those treatment services.
(f)A short-term residential treatment center licensed as a community care facility, as defined in subdivision (ad) of Section 11400, provided that all of the following apply:
(1)The program has a national accreditation from an entity selected identified by the State Department of Social Services pursuant to the process described in paragraph (4) of subdivision (b) of Section 11462.
(2)The program has a mental health certificate pursuant to Section 11462.015.
(3)The placement worker has documented in the childs or youths case plan the need for, nature of, and anticipated duration of this specialized treatment to meet the treatment needs of the child or youth and that the facility offers those treatment services.
(g)An out-of-state group home that meets the equivalent of the requirements of paragraphs (1), (2), and (3) of subdivision (f), provided that the placement worker, in addition to complying with all other statutory requirements for placing a minor 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)A community treatment facility set forth in Article 5 (commencing with Section 4094) of Chapter 3 of Part 1 of Division 4.
(i)This section shall become operative on January 1, 2017.
SEC. 54.SEC. 57.Section 11402.01 is added to the Welfare and Institutions Code, immediately following Section 11402, to read:11402.01.In order to be eligible for AFDC-FC, a child or nonminor dependent shall be placed in one of the following:
(a)The approved home of a relative, provided the child or youth is otherwise eligible for federal financial participation, as defined in Section 11402.1, in the AFDC-FC payment.
(b)(1)The licensed family home of a nonrelative.
(2)The approved home of a nonrelative extended family member as described in Section 362.7.
(c)The approved home of a resource family as defined in Section 16519.5.
(d)A licensed group home, as defined in subdivision (h) of Section 11400, excluding a runaway and homeless youth shelter as defined in subdivision (ab) of Section 11400, provided that the placement worker has documented that the placement is necessary to meet the treatment needs of the child 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)An exclusive-use home.
(g)A housing model certified by a licensed transitional housing placement provider as described in Section 1559.110 of the Health and Safety Code and as defined in subdivision (r) of Section 11400.
(h)An out-of-state group home, provided that the placement worker, in addition to complying with all other statutory requirements for placing a minor in an out-of-state group home, documents that the requirements of Section 7911.1 of the Family Code have been met.
(i)An approved supervised independent living setting for nonminor dependents, as defined in subdivision (w) of Section 11400.
(j)This section shall 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, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 55.SEC. 58.Section 11403.2 of the Welfare and Institutions Code is amended to read:11403.2.(a)The following persons shall be eligible for transitional housing provided pursuant to Article 4 (commencing with Section 16522) of Chapter 5 of Part 4:
(1)Any foster child at least 16 years of age and not more than 18 years of age, and, on or after January 1, 2012, any nonminor dependent, as defined in subdivision (v) of Section 11400, who is eligible for AFDC-FC benefits as described in Section 11401. A foster child under 18 years of age shall be eligible for placement in the program certified as a Transitional Housing Placement Program, pursuant to paragraph (1) of subdivision (a) of Section 16522.1. A nonminor dependent shall be eligible for placement in the program certified as a Transitional Housing Placement-Plus Foster Care Program pursuant to paragraph (2) of subdivision (a) of Section 16522.1.
(2)(A)Any former foster youth at least 18 years of age and, except as provided in subparagraph (B), not more than 24 years of age who has exited from the foster care system on or after his or her 18th birthday and elects to participate in Transitional Housing Program-Plus, as defined in subdivision (s) of Section 11400, if he or she has not received services under this paragraph for more than a total of 24 months, whether or not consecutive. If the person participating in a Transitional Housing Program-Plus is not receiving aid under Section 11403.1, he or she, as a condition of participation, shall enter into, and execute the provisions of, a transitional independent living plan that shall be mutually agreed upon, and annually reviewed, by the former foster youth and the applicable county welfare or probation department or independent living program coordinator. The person participating under this paragraph shall inform the county of any changes to conditions specified in the agreed-upon plan that affect eligibility, including changes in address, living circumstances, and the educational or training program.
(B)A county may, at its option, extend the services provided under subparagraph (A) to former foster youth not more than 25 years of age, and for a total of 36 months, whether or not consecutive, if the former foster youth, in addition to the requirements specified in subparagraph (A), meets either of the following criteria:
(i)The former foster youth is completing secondary education or a program leading to an equivalent credential.
(ii)The former foster youth is enrolled in an institution that provides postsecondary education.
(b)Payment on behalf of an eligible person receiving transitional housing services pursuant to paragraph (1) of subdivision (a) shall be made to the transitional housing placement provider pursuant to the conditions and limitations set forth in Section 11403.3. Notwithstanding Section 11403.3, the department, in consultation with concerned stakeholders, including, but not limited to, representatives of the Legislature, the County Welfare Directors Association of California, the Chief Probation Officers of California, the Judicial Council, representatives of Indian tribes, the California Youth Connection, former foster youth, child advocacy organizations, labor organizations, juvenile justice advocacy organizations, foster caregiver organizations, researchers, and transitional housing placement providers, shall convene a workgroup to establish a new rate structure for the Title IV-E funded THP-Plus Foster Care placement option for nonminor dependents. The workgroup shall also consider application of this new rate structure to the Transitional Housing Program-Plus, as described in paragraph (2) of subdivision (a) of Section 11403.3. In developing the new rate structure pursuant to this subdivision, the department shall consider the average rates in effect and being paid by counties to current transitional housing placement providers.
(c)The Legislature finds and declares that this subdivision was added in 2015 to clearly codify the requirement of existing law regarding the payment made on behalf of an eligible person receiving transitional housing services. The workgroup described in subdivision (b) recommended, and the department subsequently implemented, an annual adjustment to the payment made on behalf of an eligible person receiving transitional housing services. This annual adjustment has been, and shall continue to be, equal to the California Necessities Index applicable to each fiscal year. The Legislature hereby codifies that its intent remains in making this annual adjustment to support the care and supervision, including needed services and supports, for nonminor dependents who are receiving transitional housing services through the THP-Plus Foster Care Program.
SEC. 56.SEC. 59.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 childs personal incidentals, liability insurance with respect to a child, reasonable travel to the childs 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.
(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 both of the following:
(A)Submitted a rate application to the department and received a determination of the level of financial participation in the rate paid.
(i)The level of financial participation shall not exceed the current fiscal years standard rate for rate classification level 14 for a group home; or, commencing January 1, 2017, for a short-term residential treatment center.
(ii)The level of financial participation shall not exceed the rate determined by the ratesetting authority of the state in which the facility is located.
(B)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 countys 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. 57.SEC. 60.Section 11461.2 of the Welfare and Institutions Code is amended to read:11461.2.(a)It is the intent of the Legislature to ensure quality care for children who are placed in the continuum of AFDC-FC eligible placement settings.
(b)The State Department of Social Services shall establish, in consultation with county welfare departments and other stakeholders, as appropriate, a working group to develop recommended revisions to the current ratesetting system, services, and programs serving children and families in the continuum of AFDC-FC eligible placement settings including, at a minimum, all programs provided by foster family agencies and group homes including those providing residentially based services, as defined in paragraph (1) of subdivision (a) of Section 18987.71.
(c)In developing the recommended revisions identified in subdivision (b), the working group shall consider all of the following:
(1)How ratesetting systems for foster care providers, including, at least, foster family agencies and group homes, can better support a continuum of programs and services that promote positive outcomes for children and families. This may include a process for matching the childs strengths and needs to the appropriate placement setting.
(2)How the provision of an integrated, comprehensive set of services including mental health and other critical services for children and youth support the achievement of well-being, permanency, and safety outcomes.
(3)How to ensure the provision of services in family-like settings including aftercare services, when appropriate.
(4)How to provide outcome-based evaluations of foster care providers or other methods of measuring quality improvement including measures of youth and families satisfaction with services provided and program effectiveness.
(5)How changes in the licensing, ratesetting, and auditing processes can improve the quality of foster care providers, the quality of services and programs provided, and enhance the oversight of care provided to children, including, but not limited to, accreditation, administrator qualifications, and the reassignment of these responsibilities within the department.
(d)In addition to the considerations in subdivision (c), the workgroup recommendations shall be based on the review and evaluation of the current ratesetting systems, actual cost data, and information from the provider community as well as research on other applicable ratesetting methodologies, evidence-based practices, information developed as a result of pilots approved by the director, and any other relevant information.
(e)(1)The workgroup shall develop the content, format, and data sources for reports to be posted by the department on a public Internet Web site describing the outcomes achieved by providers with foster care rates set by the department.
(2)Commencing January 1, 2017, and at least annually semiannually after that date, the department shall publish and make available on a public Internet Web site, short-term residential treatment center and foster family agency provider performance indicators.
(f)(1)Recommendations developed pursuant to this section shall include the plan required under subdivision (d) of Section 18987.7. Updates regarding the workgroups establishment and its progress toward meeting the requirements of this section shall be provided to the Legislature during 201213 and 201314 budget hearings. The revisions recommended pursuant to the requirements of subdivision (b) shall be submitted in a report to the appropriate policy and fiscal committees of the Legislature by October 1, 2014.
(2)The requirement for submitting a report pursuant to this subdivision is inoperative on October 1, 2018, pursuant to Section 10231.5 of the Government Code.
(g)The department shall retain the authority to extend the workgroup after October 1, 2014, to ensure that the objectives of this section are met and to reconvene this workgroup as necessary to address any future recommended changes to the continuum of AFDC-FC eligible placement settings pursuant to this section.
SEC. 58.SEC. 61.Section 11462 of the Welfare and Institutions Code is amended to read:11462.(a)(1)Effective July 1, 1990, foster care providers licensed as group homes, as defined in departmental regulations, including public child care institutions, as defined in Section 11402.5, shall have rates established by classifying each group home program and applying the standardized schedule of rates. The department shall collect information from group providers beginning January 1, 1990, in order to classify each group home program.
(2)Notwithstanding paragraph (1), foster care providers licensed as group homes shall have rates established only if the group home is organized and operated on a nonprofit basis as required under subdivision (h) of Section 11400. The department shall terminate the rate effective January 1, 1993, of any group home not organized and operated on a nonprofit basis as required under subdivision (h) of Section 11400.
(3)(A)The department shall determine, consistent with the requirements of this chapter and other relevant requirements under law, the rate classification level (RCL) for each group home program on a biennial basis. Submission of the biennial rate application shall be made according to a schedule determined by the department.
(B)The department shall adopt regulations to implement this paragraph. The adoption, amendment, repeal, or readoption of a regulation authorized by this paragraph is deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement to describe specific facts showing the need for immediate action.
(b)A group home program shall be initially classified, for purposes of emergency regulations, according to the level of care and services to be provided using a point system developed by the department and described in the report, The Classification of Group Home Programs under the Standardized Schedule of Rates System, prepared by the State Department of Social Services, August 30, 1989.
(c)The rate for each RCL has been determined by the department with data from the AFDC-FC Group Home Rate Classification Pilot Study. The rates effective July 1, 1990, were developed using 1985 calendar year costs and reflect adjustments to the costs for each fiscal year, starting with the 198687 fiscal year, by the amount of the California Necessities Index computed pursuant to the methodology described in Section 11453. The data obtained by the department using 1985 calendar year costs shall be updated and revised by January 1, 1993.
(d)As used in this section, standardized schedule of rates means a listing of the 14 rate classification levels, and the single rate established for each RCL.
(e)Except as specified in paragraph (1), the department shall determine the RCL for each group home program on a prospective basis, according to the level of care and services that the group home operator projects will be provided during the period of time for which the rate is being established.
(1)(A)(i)For new and existing providers requesting the establishment of an RCL, and for existing group home programs requesting an RCL increase, the department shall determine the RCL no later than 13 months after the effective date of the provisional rate. The determination of the RCL shall be based on a program audit of documentation and other information that verifies the level of care and supervision provided by the group home program during a period of the two full calendar months or 60 consecutive days, whichever is longer, preceding the date of the program audit, unless the group home program requests a lower RCL. The program audit shall not cover the first six months of operation under the provisional rate.
(ii)For audit purposes, if the group home program serves a mixture of AFDC-FC eligible and ineligible children, the weighted hours for child care and social work services provided and the capacity of the group home shall be adjusted by the ratio of AFDC-FC eligible children to all children in placement.
(iii)Pending the departments issuance of the program audit report that determines the RCL for the group home program, the group home program shall be eligible to receive a provisional rate that shall be based on the level of care and service that the group home program proposes it will provide. The group home program shall be eligible to receive only the RCL determined by the department during the pendency of any appeal of the departments RCL determination.
(B)A group home program may apply for an increase in its RCL no earlier than two years from the date the department has determined the group home programs rate, unless the host county, the primary placing county, or a regional consortium of counties submits to the department in writing that the program is needed in that county, that the provider is capable of effectively and efficiently operating the proposed program, and that the provider is willing and able to accept AFDC-FC children for placement who are determined by the placing agency to need the level of care and services that will be provided by the program.
(C)To ensure efficient administration of the departments audit responsibilities, and to avoid the fraudulent creation of records, group home programs shall make records that are relevant to the RCL determination available to the department in a timely manner. Except as provided in this section, the department may refuse to consider, for purposes of determining the rate, any documents that are relevant to the determination of the RCL that are not made available by the group home provider by the date the group home provider requests a hearing on the departments RCL determination. The department may refuse to consider, for purposes of determining the rate, the following records, unless the group home provider makes the records available to the department during the fieldwork portion of the departments program audit:
(i)Records of each employees full name, home address, occupation, and social security number.
(ii)Time records showing when the employee begins and ends each work period, meal periods, split shift intervals, and total daily hours worked.
(iii)Total wages paid each payroll period.
(iv)Records required to be maintained by licensed group home providers under Title 22 of the California Code of Regulations that are relevant to the RCL determination.
(D)To minimize financial abuse in the startup of group home programs, when the departments RCL determination is more than three levels lower than the RCL level proposed by the group home provider, and the group home provider does not appeal the departments RCL determination, the department shall terminate the rate of a group home program 45 days after issuance of its program audit report. When the group home provider requests a hearing on the departments RCL determination, and the RCL determined by the director under subparagraph (E) is more than three levels lower than the RCL level proposed by the group home provider, the department shall terminate the rate of a group home program within 30 days of issuance of the directors decision. Notwithstanding the reapplication provisions in subparagraph (B), the department shall deny any request for a new or increased RCL from a group home provider whose RCL is terminated pursuant to this subparagraph, for a period of no greater than two years from the effective date of the RCL termination.
(E)A group home provider may request a hearing of the departments RCL determination under subparagraph (A) no later than 30 days after the date the department issues its RCL determination. The departments RCL determination shall be final if the group home provider does not request a hearing within the prescribed time. Within 60 days of receipt of the request for hearing, the department shall conduct a hearing on the RCL determination. The standard of proof shall be the preponderance of the evidence and the burden of proof shall be on the department. The hearing officer shall issue the proposed decision within 45 days of the close of the evidentiary record. The director shall adopt, reject, or modify the proposed decision, or refer the matter back to the hearing officer for additional evidence or findings within 100 days of issuance of the proposed decision. If the director takes no action on the proposed decision within the prescribed time, the proposed decision shall take effect by operation of law.
(2)Group home programs that fail to maintain at least the level of care and services associated with the RCL upon which their rate was established shall inform the department. The department shall develop regulations specifying procedures to be applied when a group home fails to maintain the level of services projected, including, but not limited to, rate reduction and recovery of overpayments.
(3)The department shall not reduce the rate, establish an overpayment, or take other actions pursuant to paragraph (2) for any period that a group home program maintains the level of care and services associated with the RCL for children actually residing in the facility. Determinations of levels of care and services shall be made in the same way as modifications of overpayments are made pursuant to paragraph (2) of subdivision (b) of Section 11466.2.
(4)A group home program that substantially changes its staffing pattern from that reported in the group home program statement shall provide notification of this change to all counties that have placed children currently in care. This notification shall be provided whether or not the RCL for the program may change as a result of the change in staffing pattern.
(f)(1)The standardized schedule of rates for the 200203, 200304, 200405, 200506, 200607, and 200708 fiscal years is:
FY 200203, 200304, 200405, 200506, 200607, and 200708 | ||
Rate Classification Level | Point Ranges | Standard Rate |
1 | Under 60 | $1,454 |
2 | 6089 | 1,835 |
3 | 90119 | 2,210 |
4 | 120149 | 2,589 |
5 | 150179 | 2,966 |
6 | 180209 | 3,344 |
7 | 210239 | 3,723 |
8 | 240269 | 4,102 |
9 | 270299 | 4,479 |
10 | 300329 | 4,858 |
11 | 330359 | 5,234 |
12 | 360389 | 5,613 |
13 | 390419 | 5,994 |
14 | 420 & Up | 6,371 |
(2)(A)For group home programs that receive AFDC-FC payments for services performed during the 200203, 200304, 200405, 200506, 200607, 200708, 200809, and 200910 fiscal years, the adjusted RCL point ranges below shall be used for establishing the biennial rates for existing programs, pursuant to paragraph (3) of subdivision (a) and in performing program audits and in determining any resulting rate reduction, overpayment assessment, or other actions pursuant to paragraph (2) of subdivision (e):
Adjusted Point Ranges for the 200203, 200304, | |
Rate Classification Level | 200405, 200506, 200607, 200708, 200809, and 200910 Fiscal Years |
1 | Under 54 |
2 | 5481 |
3 | 82110 |
4 | 111138 |
5 | 139167 |
6 | 168195 |
7 | 196224 |
8 | 225253 |
9 | 254281 |
10 | 282310 |
11 | 311338 |
12 | 339367 |
13 | 368395 |
14 | 396 & Up |
(B)Notwithstanding subparagraph (A), foster care providers operating group homes during the 200203, 200304, 200405, 200506, 200607, 200708, 200809, and 200910 fiscal years shall remain responsible for ensuring the health and safety of the children placed in their programs in accordance with existing applicable provisions of the Health and Safety Code and community care licensing regulations, as contained in Title 22 of the California Code of Regulations.
(C)Subparagraph (A) shall not apply to program audits of group home programs with provisional rates established pursuant to paragraph (1) of subdivision (e). For those program audits, the RCL point ranges in paragraph (1) shall be used.
(D)Rates applicable for the 200910 fiscal year pursuant to the act that adds this subparagraph shall be effective October 1, 2009.
(3)(A)For group home programs that receive AFDC-FC payments for services performed during the 200910 fiscal year the adjusted RCL point ranges below shall be used for establishing the biennial rates for existing programs, pursuant to paragraph (3) of subdivision (a) and in performing program audits and in determining any resulting rate reduction, overpayment assessment, or other actions pursuant to paragraph (2) of subdivision (e):
Rate | Adjusted Point Ranges |
|---|---|
Classification | for the 200910 |
Level | Fiscal Years |
1 | Under 39 |
2 | 3964 |
3 | 6590 |
4 | 91115 |
5 | 116141 |
6 | 142167 |
7 | 168192 |
8 | 193218 |
9 | 219244 |
10 | 245270 |
11 | 271295 |
12 | 296321 |
13 | 322347 |
14 | 348 & Up |
(B)Notwithstanding subparagraph (A), foster care providers operating group homes during the 200910 fiscal year shall remain responsible for ensuring the health and safety of the children placed in their programs in accordance with existing applicable provisions of the Health and Safety Code and community care licensing regulations as contained in Title 22 of the California Code of Regulations.
(C)Subparagraph (A) shall not apply to program audits of group home programs with provisional rates established pursuant to paragraph (1) of subdivision (e). For those program audits, the RCL point ranges in paragraph (1) shall be used.
(g)(1)(A)For the 19992000 fiscal year, the standardized rate for each RCL shall be adjusted by an amount equal to the California Necessities Index computed pursuant to the methodology described in Section 11453. The resultant amounts shall constitute the new standardized schedule of rates, subject to further adjustment pursuant to subparagraph (B).
(B)In addition to the adjustment in subparagraph (A), commencing January 1, 2000, the standardized rate for each RCL shall be increased by 2.36 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new standardized schedule of rates.
(2)Beginning with the 200001 fiscal year, the standardized schedule of rates shall be adjusted annually by an amount equal to the CNI computed pursuant to Section 11453, subject to the availability of funds. The resultant amounts shall constitute the new standardized schedule of rates.
(3)Effective January 1, 2001, the amount included in the standard rate for each Rate Classification Level (RCL) for the salaries, wages, and benefits for staff providing child care and supervision or performing social work activities, or both, shall be increased by 10 percent. This additional funding shall be used by group home programs solely to supplement staffing, salaries, wages, and benefit levels of staff specified in this paragraph. The standard rate for each RCL shall be recomputed using this adjusted amount and the resultant rates shall constitute the new standardized schedule of rates. The department may require a group home receiving this additional funding to certify that the funding was utilized in accordance with the provisions of this section.
(4)Effective January 1, 2008, the amount included in the standard rate for each RCL for the wages for staff providing child care and supervision or performing social work activities, or both, shall be increased by 5 percent, and the amount included for the payroll taxes and other employer-paid benefits for these staff shall be increased from 20.325 percent to 24 percent. The standard rate for each RCL shall be recomputed using these adjusted amounts, and the resulting rates shall constitute the new standardized schedule of rates.
(5)The new standardized schedule of rates as provided for in paragraph (4) shall be reduced by 10 percent, effective October 1, 2009, and the resulting rates shall constitute the new standardized schedule of rates.
(6)The rates of licensed group home providers, whose rates are not established under the standardized schedule of rates, shall be reduced by 10 percent, effective October 1, 2009.
(h)The standardized schedule of rates pursuant to subdivisions (f) and (g) shall be implemented as follows:
(1)Any group home program that received an AFDC-FC rate in the prior fiscal year at or above the standard rate for the RCL in the current fiscal year shall continue to receive that rate.
(2)Any group home program that received an AFDC-FC rate in the prior fiscal year below the standard rate for the RCL in the current fiscal year shall receive the RCL rate for the current year.
(i)(1)The department shall not establish a rate for a new program of a new or existing provider, or for an existing program at a new location of an existing provider, unless the provider submits a letter of recommendation from the host county, the primary placing county, or a regional consortium of counties that includes all of the following:
(A)That the program is needed by that county.
(B)That the provider is capable of effectively and efficiently operating the program.
(C)That the provider is willing and able to accept AFDC-FC children for placement who are determined by the placing agency to need the level of care and services that will be provided by the program.
(D)That, if the letter of recommendation is not being issued by the host county, the primary placing county has notified the host county of its intention to issue the letter and the host county was given the opportunity of 30 days to respond to this notification and to discuss options with the primary placing county.
(2)The department shall encourage the establishment of consortia of county placing agencies on a regional basis for the purpose of making decisions and recommendations about the need for, and use of, group home programs and other foster care providers within the regions.
(3)The department shall annually conduct a county-by-county survey to determine the unmet placement needs of children placed pursuant to Section 300 and Section 601 or 602, and shall publish its findings by November 1 of each year.
(j)The department shall develop regulations specifying ratesetting procedures for program expansions, reductions, or modifications, including increases or decreases in licensed capacity, or increases or decreases in level of care or services.
(k)For the purpose of this subdivision, program change means any alteration to an existing group home program planned by a provider that will increase the RCL or AFDC-FC rate. An increase in the licensed capacity or other alteration to an existing group home program that does not increase the RCL or AFDC-FC rate shall not constitute a program change.
(l)General unrestricted or undesignated private charitable donations and contributions made to charitable or nonprofit organizations shall not be deducted from the cost of providing services pursuant to this section. The donations and contributions shall not be considered in any determination of maximum expenditures made by the department.
(m)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 59.SEC. 62.Section 11462 is added to the Welfare and Institutions Code, to read:11462.(a)The department shall commence development of a new payment structure for short-term residential treatment center program placements claiming Title IV-E funding. 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, either directly provided or secured with formal agreements with other agencies, that encompass community service and supports, permanency-related services, medical, physical, behavioral, and mental health support and access to services, including specialty mental health services, educational support, life and social support, transitional support services upon discharge, biological parent and resource family supports, and services for nonminor dependents. for children, youth, and families who assume permanency, and for children, youth, and families who step down into lower levels of foster care, services for transition-aged youth, services for nonminor dependents, and trauma-informed practices and supports for children and youth, including treatment services.
(2)Specialized and intensive treatment supports that encompass the elements of nonmedical care and supervision necessary to meet youth safety and other needs that cannot be met in a family based setting.
(2)
(3)Staff training.
(3)
(4)Health and Safety Code requirements.
(4)
(5)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 agency, as identified by the department, with expertise in programs for youth group care facilities, as determined by the department.
(B)Promulgation by the department of information identifying that agency or agencies from which accreditation shall be required.
(C)Provision for timely reporting to the department of any change in accreditation status.
(5)
(6)Mental health certification, including a requirement to timely report to the department any change in mental health certificate status.
(6)
(7)Maximization of federal financial participation under Title IV-E and Title XIX of the Social Security Act.
(c)The department shall develop a system of governmental monitoring and oversight that shall be carried out in coordination with the State Department of Health Care Services. Oversight responsibilities shall include, but not be limited to, ensuring conformity with federal and state law, including program, fiscal, and health and safety audits and reviews.
(d)This section shall become operative on January 1, 2017.
SEC. 60.SEC. 63.Section 11462.001 is added to the Welfare and Institutions Code, immediately following Section 11462, to read:11462.001.(a)(1)Foster care providers licensed as group homes, as defined in departmental regulations, including public child care institutions, as defined in Section 11402.5, shall have rates established by classifying each group home program and applying the standardized schedule of rates. The department shall collect information from group providers in order to classify each group home program.
(2)Notwithstanding paragraph (1), foster care providers licensed as group homes shall have rates established only if the group home is organized and operated on a nonprofit basis as required under subdivision (h) of Section 11400. The department shall terminate the rate of any group home not organized and operated on a nonprofit basis as required under subdivision (h) of Section 11400.
(3)(A)The department shall determine, consistent with the requirements of this chapter and other relevant requirements under law, the rate classification level (RCL) for each group home program on a biennial basis. Submission of the biennial rate application shall be made according to a schedule determined by the department.
(B)The department shall adopt regulations to implement this paragraph. The adoption, amendment, repeal, or readoption of a regulation authorized by this paragraph is deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement to describe specific facts showing the need for immediate action.
(b)A group home program shall be initially classified, for purposes of emergency regulations, according to the level of care and services to be provided using a point system developed by the department and described in the report, The Classification of Group Home Programs under the Standardized Schedule of Rates System, prepared by the State Department of Social Services, August 30, 1989.
(c)The rate for each RCL has been determined by the department with data from the AFDC-FC Group Home Rate Classification Pilot Study.
(d)As used in this section, standardized schedule of rates means a listing of the 14 rate classification levels, and the single rate established for each RCL.
(e)Except as specified in paragraph (1), the department shall determine the RCL for each group home program on a prospective basis, according to the level of care and services that the group home operator projects will be provided during the period of time for which the rate is being established.
(1)(A)(i)For new and existing providers requesting the establishment of an RCL, and for existing group home programs requesting an RCL increase, the department shall determine the RCL no later than 13 months after the effective date of the provisional rate. The determination of the RCL shall be based on a program audit of documentation and other information that verifies the level of care and supervision provided by the group home program during a period of the two full calendar months or 60 consecutive days, whichever is longer, preceding the date of the program audit, unless the group home program requests a lower RCL. The program audit shall not cover the first six months of operation under the provisional rate.
(ii)For audit purposes, if the group home program serves a mixture of AFDC-FC eligible and ineligible children, the weighted hours for child care and social work services provided and the capacity of the group home shall be adjusted by the ratio of AFDC-FC eligible children to all children in placement.
(iii)Pending the departments issuance of the program audit report that determines the RCL for the group home program, the group home program shall be eligible to receive a provisional rate that shall be based on the level of care and service that the group home program proposes it will provide. The group home program shall be eligible to receive only the RCL determined by the department during the pendency of any appeal of the departments RCL determination.
(B)A group home program may apply for an increase in its RCL no earlier than two years from the date the department has determined the group home programs rate, unless the host county, the primary placing county, or a regional consortium of counties submits to the department in writing that the program is needed in that county, that the provider is capable of effectively and efficiently operating the proposed program, and that the provider is willing and able to accept AFDC-FC children for placement who are determined by the placing agency to need the level of care and services that will be provided by the program.
(C)To ensure efficient administration of the departments audit responsibilities, and to avoid the fraudulent creation of records, group home programs shall make records that are relevant to the RCL determination available to the department in a timely manner. Except as provided in this section, the department may refuse to consider, for purposes of determining the rate, any documents that are relevant to the determination of the RCL that are not made available by the group home provider by the date the group home provider requests a hearing on the departments RCL determination. The department may refuse to consider, for purposes of determining the rate, the following records, unless the group home provider makes the records available to the department during the fieldwork portion of the departments program audit:
(i)Records of each employees full name, home address, occupation, and social security number.
(ii)Time records showing when the employee begins and ends each work period, meal periods, split shift intervals, and total daily hours worked.
(iii)Total wages paid each payroll period.
(iv)Records required to be maintained by licensed group home providers under Title 22 of the California Code of Regulations that are relevant to the RCL determination.
(D)To minimize financial abuse in the startup of group home programs, when the departments RCL determination is more than three levels lower than the RCL level proposed by the group home provider, and the group home provider does not appeal the departments RCL determination, the department shall terminate the rate of a group home program 45 days after issuance of its program audit report. When the group home provider requests a hearing on the departments RCL determination, and the RCL determined by the director under subparagraph (E) is more than three levels lower than the RCL level proposed by the group home provider, the department shall terminate the rate of a group home program within 30 days of issuance of the directors decision. Notwithstanding the reapplication provisions in subparagraph (B), the department shall deny any request for a new or increased RCL from a group home provider whose RCL is terminated pursuant to this subparagraph, for a period of no greater than two years from the effective date of the RCL termination.
(E)A group home provider may request a hearing of the departments RCL determination under subparagraph (A) no later than 30 days after the date the department issues its RCL determination. The departments RCL determination shall be final if the group home provider does not request a hearing within the prescribed time. Within 60 days of receipt of the request for hearing, the department shall conduct a hearing on the RCL determination. The standard of proof shall be the preponderance of the evidence and the burden of proof shall be on the department. The hearing officer shall issue the proposed decision within 45 days of the close of the evidentiary record. The director shall adopt, reject, or modify the proposed decision, or refer the matter back to the hearing officer for additional evidence or findings within 100 days of issuance of the proposed decision. If the director takes no action on the proposed decision within the prescribed time, the proposed decision shall take effect by operation of law.
(2)Group home programs that fail to maintain at least the level of care and services associated with the RCL upon which their rate was established shall inform the department. The department shall develop regulations specifying procedures to be applied when a group home fails to maintain the level of services projected, including, but not limited to, rate reduction and recovery of overpayments.
(3)The department shall not reduce the rate, establish an overpayment, or take other actions pursuant to paragraph (2) for any period that a group home program maintains the level of care and services associated with the RCL for children actually residing in the facility. Determinations of levels of care and services shall be made in the same way as modifications of overpayments are made pursuant to paragraph (2) of subdivision (b) of Section 11466.2.
(4)A group home program that substantially changes its staffing pattern from that reported in the group home program statement shall provide notification of this change to all counties that have placed children currently in care. This notification shall be provided whether or not the RCL for the program may change as a result of the change in staffing pattern.
(f)The standardized schedule of rates pursuant to subdivisions (f) and (g) of Section 11462, as that section read on January 1, 2015, shall be implemented as follows:
(1)Any group home program that received an AFDC-FC rate in the prior fiscal year at or above the standard rate for the RCL in the current fiscal year shall continue to receive that rate.
(2)Any group home program that received an AFDC-FC rate in the prior fiscal year below the standard rate for the RCL in the current fiscal year shall receive the RCL rate for the current year.
(g)(1)The department shall not establish a rate for a new program of a new or existing provider, or for an existing program at a new location of an existing provider, unless the provider submits a letter of recommendation from the host county, the primary placing county, or a regional consortium of counties that includes all of the following:
(A)That the program is needed by that county.
(B)That the provider is capable of effectively and efficiently operating the program.
(C)That the provider is willing and able to accept AFDC-FC children for placement who are determined by the placing agency to need the level of care and services that will be provided by the program.
(D)That, if the letter of recommendation is not being issued by the host county, the primary placing county has notified the host county of its intention to issue the letter and the host county was given the opportunity of 30 days to respond to this notification and to discuss options with the primary placing county.
(2)The department shall encourage the establishment of consortia of county placing agencies on a regional basis for the purpose of making decisions and recommendations about the need for, and use of, group home programs and other foster care providers within the regions.
(3)The department shall annually conduct a county-by-county survey to determine the unmet placement needs of children placed pursuant to Section 300 and Section 601 or 602, and shall publish its findings by November 1 of each year.
(h)The department shall develop regulations specifying ratesetting procedures for program expansions, reductions, or modifications, including increases or decreases in licensed capacity, or increases or decreases in level of care or services.
(i)For the purpose of this subdivision, program change means any alteration to an existing group home program planned by a provider that will increase the RCL or AFDC-FC rate. An increase in the licensed capacity or other alteration to an existing group home program that does not increase the RCL or AFDC-FC rate shall not constitute a program change.
(j)General unrestricted or undesignated private charitable donations and contributions made to charitable or nonprofit organizations shall not be deducted from the cost of providing services pursuant to this section. The donations and contributions shall not be considered in any determination of maximum expenditures made by the department.
(k)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.
(l)This section shall become operative on January 1, 2017.
(m)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 61.SEC. 64.Section 11462.01 of the Welfare and Institutions Code is amended to read:11462.01.(a)Commencing July 1, 1994, a group home program shall be classified at RCL 13 or RCL 14 if the program meets all of the following requirements:
(1)The group home program is providing, or has proposed to provide, the level of care and services necessary to generate sufficient points in the ratesetting process to be classified at RCL 13 if the rate application is for RCL 13 or to be classified at RCL 14 if the rate application is for RCL 14.
(2)(A)(i)The group home provider shall agree not to accept for placement into a group home program AFDC-FC funded children, including voluntary placements and those who have an emotional disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations, children placed out-of-home pursuant to an individualized education program developed under Article 2 (commencing with Section 56320) of Chapter 4 of Part 3 of the Education Code, who have not been approved for placement by an interagency placement committee, as described by Section 4096. The approval shall be in writing and shall indicate that the interagency placement committee has determined that the child has an emotional disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations and subject to Section 1502.4 of the Health and Safety Code, and that the child needs the level of care provided by the group home.
(ii)For purposes of clause (i), group home providers who accept children who are assessed as having an emotional disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations and placed out-of-home pursuant to an individualized education program developed under Section 7572.5 of the Government Code shall be deemed to have met the interagency placement committee approval for placement requirements of clause (i) if the individualized education program assessment indicates that the child has been determined to have an emotional disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations and subject to Section 1502.4 of the Health and Safety Code, and needs the level of care described in clause (i).
(B)(i)Nothing in this subdivision shall prevent the emergency placement of a child into a group home program prior to the determination by the interagency placement committee pursuant to clause (i) of subparagraph (A) if a licensed mental health professional, as defined in the departments AFDC-FC ratesetting regulations, has evaluated, in writing, the child within 72 hours of placement, and determined the child to have an emotional disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations and in need of the care and services provided by the group home program.
(ii)The interagency placement committee shall, within 30 days of placement pursuant to clause (i), make the determination required by clause (i) of subparagraph (A).
(iii)If, pursuant to clause (ii), the placement is determined to be appropriate, the committee shall transmit the approval, in writing, to the county placing agency and the group home provider.
(iv)If, pursuant to clause (ii) the placement is determined not to be appropriate, the child shall be removed from the group home and referred to a more appropriate placement, as specified in subdivision (f).
(C)Commencing December 15, 1992, with respect to AFDC-FC funded children, only those children who are approved for placement by an interagency placement committee may be accepted by a group home under this subdivision.
(3)The group home program is certified by the State Department of Health Care Services pursuant to Section 4096.5.
(b)The department shall not establish a rate for a group home requesting a program change to RCL 13 or RCL 14 unless the group home provider submits a recommendation from the host county or the primary placing county that the program is needed and that the provider is willing and capable of operating the program at the level sought. For purposes of this subdivision, host county, primary placing county, and program change mean the same as defined in the departments AFDC-FC ratesetting regulations.
(c)The effective date of rates set at RCL 13 or RCL 14 shall be the date that all the requirements are met, but not prior to July 1 of that fiscal year. Nothing in this section shall affect RCL 13 or RCL 14 ratesetting determinations in prior years.
(d)Any group home program that has been classified at RCL 13 or RCL 14 pursuant to the requirements of subdivision (a) shall be reclassified at the appropriate lower RCL with a commensurate reduction in rate if either of the following occurs:
(1)The group home program fails to maintain the level of care and services necessary to generate the necessary number of points for RCL 13 or RCL 14, as required by paragraph (1) of subdivision (a). The determination of points shall be made consistent with the departments AFDC-FC ratesetting regulations for other rate classification levels.
(2)The group home program fails to maintain a certified mental health treatment program as required by paragraph (3) of subdivision (a).
(3)In the event of a determination under paragraph (1), the group home may appeal the finding or submit a corrective action plan. The appeal process specified in Section 11466.6 shall be available to RCL 13 and RCL 14 group home providers. During any appeal, the group home shall maintain the appropriate level of care.
(e)The interagency placement committee shall periodically review, but no less often than that required by current law, the placement of the child. If the committee determines that the child no longer needs, or is not benefiting from, placement in a RCL 13 or RCL 14 group home, the committee shall require the removal of the child and a new disposition.
(f)(1)(A)If, at any time subsequent to placement in an RCL 13 or RCL 14 group home program, the interagency placement committee determines either that the child is not assessed as having an emotional disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations or is not in need of the care and services provided by the group home program, it shall notify, in writing, both the county placing agency and the group home provider within 10 days of the determination.
(B)The county placing agency shall notify the group home provider, in writing, within five days from the date of the notice from the committee, of the countys plan for removal of the child.
(C)The county placing agency shall remove the child from the group home program within 30 days from the date of the notice from the interagency placement committee.
(2)(A)If a county placing agency does not remove a child within 30 days from the date of the notice from the interagency placement committee, the group home provider shall notify the interagency placement committee and the department, in writing, of the countys failure to remove the child from the group home program.
(B)The group home provider shall make the notification required by subparagraph (A) within five days of the expiration of the 30-day removal period. If notification is made, a group home provider shall not be subject to an overpayment determination due to failure of the county placing agency to remove the child.
(3)Any county placing agency that fails to remove a child from a group home program under this paragraph within 30 days from the date of the notice from the interagency placement committee shall be assessed a penalty in the amount of the state and federal financial participation in the AFDC-FC rate paid on behalf of the child commencing on the 31st day and continuing until the child is removed.
(g)(1)If any RCL 13 or RCL 14 group home provider discovers that it does not have written approval for placement of any AFDC-FC funded child placed on or after December 15, 1992, from the interagency placement committee, it shall notify the county placing agency, in writing, and shall request the county to obtain approval from the interagency placement committee or remove the child from the group home program. A group home provider shall have 30 days from the childs first day of placement to discover the placement error and to notify the county placing agency.
(2)Any county placing agency that receives notification pursuant to paragraph (2) of subdivision (f) shall obtain approval for placement from the interagency placement committee or remove the child from the group home program within 30 days from the date of the notice from the group home provider. The program shall not be reclassified to a lower RCL for a violation of the provisions referred to in this paragraph.
(3)(A)If a county placing agency does not have the placement of a child approved by the interagency placement committee or removed from the group home within 30 days from the date of the notice from the group home provider, the group home provider shall notify the county placing agency and the department, in writing, of the countys failure to have the placement of the child approved or remove the child from the group home program.
(B)The group home provider shall make the notification required by subparagraph (A) within five days after the expiration of the 30-day approval or removal period. If notification is made, a group home provider shall not be subject to an overpayment determination due to failure of the county placing agency to remove the child.
(C)Any group home provider that fails to notify the county placing agency pursuant to subparagraph (A) shall be assessed a penalty in the amount of the AFDC-FC rate paid to the group home provider on behalf of the child commencing on the 31st day of placement and continuing until the county placing agency is notified.
(4)Any county placing agency that fails to have the placement of a child approved or to have the child removed from the group home program within 30 days shall be assessed a penalty in the amount of the state and federal financial participation in the AFDC-FC rate paid on behalf of the child commencing on the 31st day of placement and continuing until the child is removed.
(h)The department shall develop regulations to obtain payment of assessed penalties as provided in this section. For audit purposes and the application of penalties for RCL 13 and RCL 14 programs, the department shall apply statutory provisions that were in effect during the period for which the audit was conducted.
(i)(1)Nothing in this subparagraph shall prohibit a group home classified at RCL 13 or RCL 14 for purposes of the AFDC-FC program, from accepting private placements of children.
(2)When a referral is not from a public agency and no public funding is involved, there shall be no requirement for public agency review or determination of need.
(3)Children subject to paragraphs (1) and (2) shall have been assessed as having an emotional disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations and subject to Section 1502.4 of the Health and Safety Code, by a licensed mental health professional, as defined in Sections 629 to 633, inclusive, of Title 9 of the California Code of Regulations. subdivision (g) of Section 4096.
(j)A child shall not be placed in a group home program classified at an RCL 13 or RCL 14 if the placement is paid for with county-only funds unless the child is assessed as having an emotional disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations, subject to Section 1502.4 of the Health and Safety Code, by a licensed mental health professional, as defined in Sections 629 to 633, inclusive, of Title 9 of the California Code of Regulations. subdivision (g) of Section 4096.
(k)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 62.SEC. 65.Section 11462.01 is added to the Welfare and Institutions Code, to read:11462.01.(a)All short-term residential treatment centers, and foster family agencies that provide treatment services, shall maintain in good standing the appropriate mental health certification issued by the State Department of Health Care Services or a county to which the department has delegated certification authority pursuant to Section 4096.5, and additionally shall meet all of the following requirements:
(1)Maintain maintain the level of care and services necessary to meet the needs of the children and youth in care.
(A)
(b)The short-term residential treatment center, as defined in paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code, may accept for placement children who do not require inpatient care in a licensed health facility and who meet at least one of the following conditions: a child who meets all of the following criteria:
(1)A child who does not require inpatient care in a licensed health facility.
(2)A child who has been assessed as requiring the level of services provided in order to maintain the safety of the child or others due to behaviors that render the child or those around the child unsafe, or that prevent the effective delivery of needed services and supports provided in the childs own home or in other family settings, such as with a relative, guardian, foster family, resource family, or adoptive family, and who meets at least one of the following conditions:
(i)
(A)A child who has been 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.
(ii)
(B)A child assessed as having an emotional disturbance pursuant to Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations.
(iii)
(C)A child who has been assessed as requiring the level of services provided to maintain the safety of the child or others due to behaviors that render the child or those around the child unsafe, or that prevent the effective delivery of needed services and supports provided in the childs own home or in other family settings, such as with a relative, guardian, foster family, resource family, or adoptive family. In certain in order to meet his or her behavioral or therapeutic needs. In appropriate circumstances, this may include the following children:
(I)
(i)A commercially or sexually exploited child.
(II)
(ii)A private voluntary placement, where if the youth exhibits status offender behavior and where if the parents or other relative feel they cannot control the childs behavior and short-term intervention is needed to transition to the child back into the home.
(III)
(iii)A juvenile sex offender.
(IV)
(iv)A child who is affiliated with, with or impacted, by impacted by a gang.
(B)
(c)The licensed foster family agency, as defined in paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code, which provides treatment services, may accept for placement children who do not require inpatient care in a licensed health facility and who meet at least one of the following conditions:
(i)
(1)A child who has been 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.
(ii)
(2)A child assessed as having an emotional disturbance pursuant to Section 300.8 (c)(4)(i) of Title 34 of the Code of Federal Regulations.
(iii)
(3)A child who has been assessed as requiring the level of services to meet his or her behavioral or therapeutic needs.
(C)
(d)The assessments described in clauses (i) and (ii) of this subparagraph and clauses (i) and (ii) of subparagraph (A) subparagraphs (A) and (B) of paragraph (2) of subdivision (b) and paragraphs (1) and (2) of subdivision (c), shall be made by all of the following, as applicable:
(i)
(1)An interagency placement committee, as described in Section 4096.
(ii)
(2)A licensed mental health professional pursuant to paragraph (3) of subdivision (i) of, or subdivision (j) of, of Section 11462.01. as defined in subdivision (g) of Section 4096.
(iii)
(3)For the purposes of paragraph (1), this section, an AFDC-FC funded children child with an individualized education program developed pursuant to Article 2 (commencing with Section 56320) of Chapter 4 of Part 30 of the Education Code that assesses the child as having an emotional disturbance as defined in, and subject to, this section and recommends out-of-home placement at the level of care provided by the provider, shall be deemed to have met the interagency placement committee approval for placement requirements.
(D)
(e)The assessments described in clause (iii) of subparagraph (A) and clause (iii) of subparagraph (B) subparagraph (C) of paragraph (2) of subdivision (b) and paragraph (3) of subdivision (c) shall be made pursuant to subdivision (b) of Section 706.6 or paragraph (2) of subdivision (c) of Section 16501.1.
(2)(A)
(f)(1)The provider shall ensure that AFD-FC AFDC-FC funded children accepted for placement have been approved for placement by an interagency placement committee, as defined in paragraph (4) of subdivision (a) of Section 16501.
(B)
(2)The approval shall be in writing and shall indicate that the interagency placement committee has determined that the child has an emotional disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations and subject to Section 1502.4 of the Health and Safety Code, and that the child needs the level of care provided by the provider.
(3)(A)Nothing in subdivisions (b) to (e), inclusive, or this subdivision shall prevent an emergency placement of a child or youth into a short-term residential treatment center or foster family agency that provides treatment services prior to the determination by the interagency placement committee, but only if a licensed mental health professional, as defined in the departments AFDC-FC ratesetting regulations, subdivision (g) of Section 4096, has made a written determination within 72 hours of the childs or youths placement, that the child or youth is seriously emotionally disturbed and is in need of the care and services provided by the short-term residential treatment center or foster family agency that provides treatment services.
(B)(i)
(g)(1)The interagency placement committee, as appropriate, shall, within 30 days of placement, make the determinations, with recommendations from the child and family team, required by this subdivision.
(ii)
(2)If it determines the placement is appropriate, the interagency placement committee, with recommendations from the child and family team, shall transmit the approval, in writing, to the county placing agency and the short-term residential treatment center or foster family agency that provides treatment services.
(iii)
(3)If it determines the placement is not appropriate, interagency placement committee, with recommendations from the child and family team, shall transmit the disapproval, in writing, to the county placing agency and the short-term residential treatment center or foster family agency that provides treatment services, and the child or youth shall be referred to an appropriate placement, as specified in subdivision (f). this section.
(C)
(h)Commencing January 1, 2017, for AFDC-FC funded children or youth, only those children or youth who are approved for placement by the interagency placement committee, with recommendations from the child and family team, may be accepted by a short-term residential treatment center or foster family agency that provides treatment services.
(D)
(i)(1)The department shall, through regulation, establish consequences for the failure of a short-term residential treatment center, or a foster family agency that provides treatment services, to obtain written approval for placement of an AFDC-FC funded child or youth from the child and family team or interagency placement committee. committee, in consultation with the County Welfare Directors Association of California, Chief Probation Officers of California, County Behavioral Health Directors Association of California, and stakeholders.
(4)
(2)The short-term residential treatment center, or foster family agency that provides treatment services, shall be certified by the State Department of Health Care Services or a county to which the department has delegated certification authority pursuant to Section 4096.5.
(b)
(j)The department shall not establish a rate for a short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment unless the provider submits a recommendation from the host county or the primary placing county that the program is needed and that the provider is willing and capable of operating the program at the level sought. For purposes of this subdivision, host county, and primary placing county, mean the same as defined in the departments AFDC-FC ratesetting regulations.
(c)
(k)The effective date of rates set for a short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment shall be the date that all the requirements are met.
(d)
(l)Any short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment pursuant to subdivision (a) shall be reclassified and paid at the appropriate program rate for which it is qualified if either of the following occurs:
(1)(A)It fails to maintain the level of care and services necessary to meet the needs of the children and youth in care, as required by subdivision (a). The determination shall be made consistent with the departments AFDC-FC ratesetting regulations developed pursuant to Sections 11462 and 11463 and shall take into consideration the highest level of care and associated rates for which the program is eligible.
(B)In the event of a determination under this paragraph, the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment may appeal the finding or submit a corrective action plan. The appeal process specified in Section 11466.6 shall be available to a short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment. During any appeal, the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment shall maintain the appropriate level of care.
(2)It fails to maintain a certified mental health treatment program as required by subdivision (a).
(e)
(m)In addition to any other review required by law, the child and family team as defined in paragraph (4) of subdivision (a) of Section 16501 shall periodically review the placement of the child or youth. If the child and family team make a recommendation that the child or youth no longer needs, or is not benefiting from, placement in a short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment, the team shall transmit the disapproval, in writing, to the county placing agency and the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment, and the child or youth shall be referred to an appropriate placement.
(f)
(n)The department shall develop a process to address placements when, subsequent to the childs or youths placement, a determination is made by the interagency placement team and shall consider the recommendations of the child and family team, either that the child or youth is not in need of the care and services provided by the certified program. The process shall include, but not be limited to:
(1)Notice of the determination in writing to both the county placing agency and the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment.
(2)Notice of the countys plan, and a time frame, for removal of the child or youth in writing to the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment.
(3)Referral to an appropriate placement.
(4)Actions to be taken if a child or youth is not timely removed from the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment or placed in an appropriate placement.
(g)
(o)(1)Nothing in this section shall prohibit a short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment for purposes of the AFDC-FC program, from accepting private placements of children or youth.
(2)When a referral is not from a public agency and no public funding is involved, there is no requirement for public agency review nor determination of need.
(3)Children and youth subject to paragraphs (1) and (2) shall have been determined to have an emotional disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations and subject to Section 1502.4 of the Health and Safety Code, by a licensed mental health professional. professional, as defined in subdivision (g) of Section 4096.
(h)
(p)This section shall become operative on January 1, 2017.
SEC. 63.SEC. 66.Section 11462.015 is added to the Welfare and Institutions Code, to read:11462.015.(a)A group home program shall be classified at RCL 13 or RCL 14 if the program meets all of the following requirements:
(1)The group home program is providing, or has proposed to provide, the level of care and services necessary to generate sufficient points in the ratesetting process to be classified at RCL 13 if the rate application is for RCL 13 or to be classified at RCL 14 if the rate application is for RCL 14.
(2)(A)(i)The group home provider shall agree not to accept for placement into a group home program AFDC-FC funded children, including voluntary placements and children who have been assessed as having an emotional disturbance as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations 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 the Education Code, who have not been approved for placement by an interagency placement committee, as described by Section 4096.1. The approval shall be in writing and shall indicate that the interagency placement committee has determined that the child has an emotional disturbance as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations, and subject to Section 1502.45 of the Health and Safety Code, and that the child needs the level of care provided by the group home.
(ii)For purposes of clause (i), group home providers who accept children who have been assessed as having emotional disturbances as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations who are assessed and 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 the Education Code shall be deemed to have met the interagency placement committee approval for placement requirements of clause (i) if the individualized education program assessment indicates that the child has been determined to have an emotional disturbance, as defined in Section 300.8 (c)(4)(i) of Title 34 of the Code of Federal Regulations and subject to Section 1502.45 of the Health and Safety Code, and needs the level of care described in clause (i).
(B)(i)Nothing in this subdivision shall prevent the emergency placement of a child into a group home program prior to the determination by the interagency placement committee pursuant to clause (i) of subparagraph (A) if a licensed mental health professional, as defined in the departments AFDC-FC ratesetting regulations, has evaluated, in writing, the child within 72 hours of placement, and has determined the child to have an emotional disturbance as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations and in need of the care and services provided by the group home program.
(ii)The interagency placement committee shall, within 30 days of placement pursuant to clause (i), make the determination required by clause (i) of subparagraph (A).
(iii)If, pursuant to clause (ii), the placement is determined to be appropriate, the committee shall transmit the approval, in writing, to the county placing agency and the group home provider.
(iv)If, pursuant to clause (ii) the placement is determined not to be appropriate, the child shall be removed from the group home and referred to a more appropriate placement, as specified in subdivision (f).
(C)With respect to AFDC-FC funded children, only those children who are approved for placement by an interagency placement committee may be accepted by a group home under this subdivision.
(3)The group home program is certified by the State Department of Health Care Services pursuant to Section 4096.5.
(b)The department shall not establish a rate for a group home requesting a program change to RCL 13 or RCL 14 unless the group home provider submits a recommendation from the host county or the primary placing county that the program is needed and that the provider is willing and capable of operating the program at the level sought. For purposes of this subdivision, host county, primary placing county, and program change mean the same as defined in the departments AFDC-FC ratesetting regulations.
(c)The effective date of rates set at RCL 13 or RCL 14 shall be the date that all the requirements are met, but not prior to July 1 of that fiscal year. Nothing in this section shall affect RCL 13 or RCL 14 ratesetting determinations in prior years.
(d)Any group home program that has been classified at RCL 13 or RCL 14 pursuant to the requirements of subdivision (a) shall be reclassified at the appropriate lower RCL with a commensurate reduction in rate if either of the following occurs:
(1)The group home program fails to maintain the level of care and services necessary to generate the necessary number of points for RCL 13 or RCL 14, as required by paragraph (1) of subdivision (a). The determination of points shall be made consistent with the departments AFDC-FC ratesetting regulations for other rate classification levels.
(2)The group home program fails to maintain a certified mental health treatment program as required by paragraph (3) of subdivision (a).
(3)In the event of a determination under paragraph (1), the group home may appeal the finding or submit a corrective action plan. The appeal process specified in Section 11466.6 shall be available to RCL 13 and RCL 14 group home providers. During any appeal, the group home shall maintain the appropriate level of care.
(e)The interagency placement committee shall periodically review, but no less often than that required by current law, the placement of the child. If the committee determines that the child no longer needs, or is not benefiting from, placement in a RCL 13 or RCL 14 group home, the committee shall require the removal of the child and a new disposition.
(f)(1)(A)If, at any time subsequent to placement in an RCL 13 or RCL 14 group home program, the interagency placement committee determines either that the child is not seriously emotionally disturbed or is not in need of the care and services provided by the group home program, it shall notify, in writing, both the county placing agency and the group home provider within 10 days of the determination.
(B)The county placing agency shall notify the group home provider, in writing, within five days from the date of the notice from the committee, of the countys plan for removal of the child.
(C)The county placing agency shall remove the child from the group home program within 30 days from the date of the notice from the interagency placement committee.
(2)(A)If a county placing agency does not remove a child within 30 days from the date of the notice from the interagency placement committee, the group home provider shall notify the interagency placement committee and the department, in writing, of the countys failure to remove the child from the group home program.
(B)The group home provider shall make the notification required by subparagraph (A) within five days of the expiration of the 30-day removal period. If notification is made, a group home provider shall not be subject to an overpayment determination due to failure of the county placing agency to remove the child.
(3)Any county placing agency that fails to remove a child from a group home program under this paragraph within 30 days from the date of the notice from the interagency placement committee shall be assessed a penalty in the amount of the state and federal financial participation in the AFDC-FC rate paid on behalf of the child commencing on the 31st day and continuing until the child is removed.
(g)(1)If any RCL 13 or RCL 14 group home provider discovers that it does not have written approval for placement of any AFDC-FC funded child from the interagency placement committee, it shall notify the county placing agency, in writing, and shall request the county to obtain approval from the interagency placement committee or remove the child from the group home program. A group home provider shall have 30 days from the childs first day of placement to discover the placement error and to notify the county placing agency.
(2)Any county placing agency that receives notification pursuant to paragraph (2) of subdivision (f) shall obtain approval for placement from the interagency placement committee or remove the child from the group home program within 30 days from the date of the notice from the group home provider. The program shall not be reclassified to a lower RCL for a violation of the provisions referred to in this paragraph.
(3)(A)If a county placing agency does not have the placement of a child approved by the interagency placement committee or removed from the group home within 30 days from the date of the notice from the group home provider, the group home provider shall notify the county placing agency and the department, in writing, of the countys failure to have the placement of the child approved or remove the child from the group home program.
(B)The group home provider shall make the notification required by subparagraph (A) within five days after the expiration of the 30-day approval or removal period. If notification is made, a group home provider shall not be subject to an overpayment determination due to failure of the county placing agency to remove the child.
(C)Any group home provider that fails to notify the county placing agency pursuant to subparagraph (A) shall be assessed a penalty in the amount of the AFDC-FC rate paid to the group home provider on behalf of the child commencing on the 31st day of placement and continuing until the county placing agency is notified.
(4)Any county placing agency that fails to have the placement of a child approved or to have the child removed from the group home program within 30 days shall be assessed a penalty in the amount of the state and federal financial participation in the AFDC-FC rate paid on behalf of the child commencing on the 31st day of placement and continuing until the child is removed.
(h)The department shall develop regulations to obtain payment of assessed penalties as provided in this section. For audit purposes and the application of penalties for RCL 13 and RCL 14 programs, the department shall apply statutory provisions that were in effect during the period for which the audit was conducted.
(i)(1)Nothing in this subdivision shall prohibit a group home classified at RCL 13 or RCL 14 for purposes of the AFDC-FC program, from accepting private placements of children.
(2)When a referral is not from a public agency and no public funding is involved, there shall be no requirement for public agency review or determination of need.
(3)Children subject to paragraphs (1) and (2) shall have been assessed as having an emotional disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations and subject to Section 1502.45 of the Health and Safety Code, by a licensed mental health professional, as defined in Sections 629 to 633, inclusive, of Title 9 of the California Code of Regulations. subdivision (g) of Section 4096.
(j)A child shall not be placed in a group home program classified at an RCL 13 or RCL 14 if the placement is paid for with county-only funds unless the child is assessed as having an emotional disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations, subject to Section 1502.45 of the Health and Safety Code, by a licensed mental health professional, as defined in Sections 629 to 633, inclusive, of Title 9 of the California Code of Regulations. subdivision (g) of Section 4096.
(k)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.
(l)This section shall become operative on January 1, 2017.
(m)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 64.SEC. 67.Section 11462.02 of the Welfare and Institutions Code is amended to read:11462.02.(a)Notwithstanding paragraph (2) of subdivision (a) of Section 11462, a foster care provider licensed as a group home also may have a rate established if the group home is operated by the County of San Mateo, as provided by subdivision (h) of Section 11400.
(b)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 65.SEC. 68.Section 11462.02 is added to the Welfare and Institutions Code, to read:11462.02.(a)Any existing county-operated foster family agency or group home, including the group home operated by the County of San Mateo, shall, commencing January 1, 2017, be classified as, and shall meet all of the requirements of, a foster family agency or a short-term residential treatment center, as set forth respectively in subdivisions (e) and (f) of Section 11402, to be eligible to receive AFDC-FC funds.
(b)Notwithstanding any other law, the State Department of Social Services may license a county as a foster family agency or as a short-term residential treatment center.
(c)If a county exercises its option to operate a foster family agency or a short-term residential treatment center, the county shall submit an application and shall comply with the requirements of Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code related to foster family agency programs or a short-term residential treatment center, as applicable.
(d)A county that requests, and is granted, a license for a foster family agency or short-term residential treatment center shall apply for an AFDC-FC rate pursuant to Section 11462 or 11463, as applicable.
(e)As a condition for eligibility for an AFDC-FC rate for a short-term residential treatment center or a foster family agency, the county shall comply with all applicable law concerning a short-term residential treatment center or foster family agency, including, but not limited to, the following provisions related to licensing, rate, audit, due process, enforcement, and overpayment collection:
(1)Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code.
(2)Article 10 (commencing with Section 360) of Chapter 2 of Part 1 of Division 2 of this code.
(3)Article 18 (commencing with Section 725) of Chapter 2 of Part 1 of Division 2 of this code.
(4)Article 22 (commencing with Section 825) of Chapter 2 of Part 1 of Division 2 of this code.
(5)Article 5 (commencing with Section 11400) of Chapter 2 of Part 3 of Division 9 of this code.
(6)Article 6 (commencing with Section 11450) of Chapter 2 of Part 3 of Division 9 of this code.
(f)The state is not obligated under Section 36 of Article XIII of the California Constitution to provide any annual funding to a county to comply with this section; with any regulation, executive order, or administrative order implementing this section; or with any federal statute or regulation related to this section, because the countys operation of a licensed short-term residential treatment center or foster family agency is optional for the county and is not required by this section.
(g)Counties licensed to operate a foster family agency or short-term residential treatment center shall, as a condition to receiving payment, ensure that its conflict of interest mitigation plan, submitted to the department pursuant to subdivision (b) of Section 1506.1 and subdivision (c) of Section 1562.01 of the Health and Safety Code, addresses, but is not limited to, the following:
(1)A decision to place children and youth in a county-operated facility when alternative appropriate placement options exist.
(2)The reporting by county staff to the department or other agencies of observed noncompliant conditions or health and safety concerns in county-operated foster family agencies or short-term residential treatment centers.
(3)The cross-reporting of reports received from mandatory child abuse and neglect reporters involving county-operated foster family agencies and short-term residential treatment center programs.
(4)Disclosures of fatalities and near fatalities of children placed in county-operated foster family agencies and short-term residential treatment centers.
(h)This section shall become operative on January 1, 2017.
SEC. 66.SEC. 69.Section 11462.021 is added to the Welfare and Institutions Code, to read:11462.021.(a)Notwithstanding paragraph (2) of subdivision (a) of Section 11462, a foster care provider licensed as a group home also may have a rate established if the group home is operated by the County of San Mateo, as provided by subdivision (h) of Section 11400.
(b)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.
(c)This section shall become operative on January 1, 2017.
(d)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 70.Section 11462.022 is added to the Welfare and Institutions Code, to read:11462.022.(a)Upon meeting the licensure requirements pursuant to Section 1530.8 of the Health and Safety Code, a county child welfare agency operating a temporary shelter care facility, as defined in Section 1530.8 of the Health and Safety Code, shall comply with this section.
(b)Prior to detaining the child in the temporary shelter care facility, the child welfare agency shall make reasonable efforts, consistent with current law, to place the child with a relative, tribal member, nonrelative extended family member, or in a licensed, certified, approved or tribally approved foster family home or approved resource family. When the child welfare agency has reason to believe that the child is or may be an Indian child, the agency shall make active efforts to comply with the federal Indian Child Welfare Act placement preferences, as required by subdivision (k) of Section 361.31.
(c)A child may be detained or placed in a temporary shelter care facility only for the duration necessary to enable the county placing agency to perform the required assessments and to appropriately place the child.
(d)Upon admission, the temporary shelter care facility shall provide each child with health, mental health, and developmental screenings, as applicable. Commencing when a child is admitted into a temporary shelter care facility, and continuing until the childs discharge from the facility, the county welfare agency shall continuously strive to identify and place the child in an appropriate licensed or approved home or facility.
(e)The temporary shelter care facility shall ensure that the following services, at a minimum, are identified in the facilitys plan of operation and are available to children detained at the facility:
(1)Medical, developmental, behavioral, and mental health assessments based on the information obtained through the screenings required pursuant to subdivision (d).
(2)Based on the screening, assessments, and other information obtained about the child, identification of the appropriate placement resources that meet the childs needs.
(3)Trauma-informed services and interventions.
(4)Crisis intervention services.
(5)Care and supervision provided by trauma-informed trained and qualified staff.
(6)Referrals to and coordination with service providers who can meet the medical, developmental, behavioral, or mental health needs of the child identified upon admission.
(7)Educational services to ensure the childs educational progress, including efforts to maintain the child in his or her school of origin if practical.
(8)Visitation services, including the ability to provide court-ordered, supervised visitation.
(9)Structured indoor and outdoor activities, including recreational and social programs.
(10)Transportation and other forms of support to ensure, to the extent possible, the childs ability to attend and participate in important milestone events.
(11)Mentorship and peer support-type programs.
(f)(1)In no case shall the detention or placement in a temporary shelter care facility exceed 10 calendar days. For any stay that exceeds 10 calendar days, the child welfare agency shall submit a written report to the department, within 24 hours of an overstay, that shall include a description of the reasons and circumstances for the childs overstay, and shall be signed by the county child welfare agency director or his or her designee. The department may choose not to issue a citation to the county for a violation of the 10-day placement limit when, based on the information contained in the report, the overstay is reasonable and the county is complying with subdivision (d).
(2)The child welfare agency may permit any child or youth to access assessment and other services described in subdivision (d) or (e) while in an out-of-home placement.
(3)To ensure the protection of children placed in temporary shelter care facilities, the child welfare agency shall separate children placed in temporary shelter care facilities pursuant to subdivision (b) from children returning to the shelter due to a failed placement, when possible, when circumstances warrant that separation. Temporary shelters shall staff as necessary to adequately supervise children to ensure an appropriate environment for all children present.
(g)At the request of the county, the department shall provide technical assistance necessary for the implementation of this section.
(h)The department, in consultation with the counties, shall provide a report to the Legislature no later than January 1, 2021, that shall include the number of children and youth served by temporary shelter care facilities, characteristics of children detained in these facilities, and whether there is a continued need for the licensing and operation of temporary shelter care facilities.
SEC. 67.SEC. 71.Section 11462.04 of the Welfare and Institutions Code is amended to read:11462.04.(a)Notwithstanding any other law, no new group home rate or change to an existing rate shall be established pursuant to Section 11462. An application shall not be accepted or processed for any of the following:
(1)A new program.
(2)A new provider.
(3)A program change, such as a rate classification level (RCL) increase.
(4)A program capacity increase.
(5)A program reinstatement.
(b)Notwithstanding subdivision (a), the department may grant exceptions as appropriate on a case-by-case basis, based upon a written request and supporting documentation provided by county placing agencies, including county welfare or probation directors.
(c)(1)For the 201213, 201314, and 201415 fiscal years, notwithstanding subdivision (b), for any program below RCL 10, the only exception that may be sought and granted pursuant to this section is for an application requesting a program change, such as an RCL increase. The authority to grant other exceptions does not apply to programs below RCL 10 during these fiscal years.
(2)Notwithstanding paragraph (1), commencing January 1, 2017, no exception shall be granted for any program below RCL 10.
(d)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 68.SEC. 72.Section 11462.04 is added to the Welfare and Institutions Code, to read:11462.04.(a)Notwithstanding any other law, commencing January 1, 2017, no new group home rate or change to an existing rate shall be established pursuant to the Rate Classification Level (RCL) system.
(b)Notwithstanding subdivision (a), the department may grant an exception as appropriate, on a case-by-case basis, when a written request and supporting documentation are provided by a county placing agency, including a county welfare or probation director, that absent the granting of that exception, there is a material risk to the welfare of children due to an inadequate supply of appropriate alternative placement options to meet the needs of children.
(c)For group homes being paid under the RCL system, and those granted an exception pursuant to paragraph (b), group home rates shall terminate on December 31, 2016, unless granted an extension under the exception process in subdivision (d).
(d)A group home may request an exception to extend its rate as follows:
(1)The department may grant an extension for up to one year, through December 31, 2017, 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 ______, the department may grant an extension beyond December 31, 2017, to be reviewed every six months, on an individual case-by-case basis, when a written request and supporting documentation are provided by a county chief probation officer, that, absent granting 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 resources families necessary to meet the needs of probation youth.
(2)
(3)The exception shall allow the provider to continue to receive the rate under the prior ratesetting system.
(e)Upon termination of an existing group home rate under the RCL system, a new rate shall not be paid until an application is approved and a rate is granted by the department pursuant to Section 11462 as a short-term residential treatment center or pursuant to Section 11463 as a foster family agency.
(f)The department shall, in the development of the new rate structures, consider and provide for placement of all children who are displaced as a result of reclassification of treatment facilities.
(g)This section shall become operative on January 1, 2017.
SEC. 69.SEC. 73.Section 11463 of the Welfare and Institutions Code is amended to read:11463.(a)(1)The department, with the advice, assistance, and cooperation of the counties and foster care providers, shall develop, implement, and maintain a ratesetting system for foster family agencies.
(2)No county shall be reimbursed for any percentage increases in payments, made on behalf of AFDC-FC funded children who are placed with foster family agencies, that exceed the percentage cost-of-living increase provided in any fiscal year beginning on January 1, 1990, as specified in subdivision (c) of Section 11461.
(b)The department shall develop regulations specifying the purposes, types, and services of foster family agencies, including the use of those agencies for the provision of emergency shelter care. A distinction, for ratesetting purposes, shall be drawn between foster family agencies that provide treatment of children in foster families and those that provide nontreatment services.
(c)The department shall develop and maintain regulations specifying the procedure for the appeal of department decisions about the setting of an agencys rate.
(d)On and after July 1, 1998, the schedule of rates, and the components used in the rate calculations specified in the departments regulations, for foster family agencies shall be increased by 6 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new schedule of rates for foster family agencies.
(e)(1)On and after July 1, 1999, the schedule of rates and the components used in the rate calculations specified in the departments regulations for foster family agencies shall be adjusted by an amount equal to the California Necessities Index computed pursuant to Section 11453, rounded to the nearest dollar, subject to the availability of funds. The resultant amounts shall constitute the new schedule of rates for foster family agencies, subject to further adjustment pursuant to paragraph (2).
(2)In addition to the adjustment specified in paragraph (1), commencing January 1, 2000, the schedule of rates and the components used in the rate calculations specified in the departments regulations for foster family agencies shall be increased by 2.36 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new schedule of rates for foster family agencies.
(f)For the 19992000 fiscal year, foster family agency rates that are not determined by the schedule of rates set forth in the departments regulations, shall be increased by the same percentage as provided in subdivision (e).
(g)(1)For the 200001 fiscal year and each fiscal year thereafter, the foster family agency rate shall be supplemented by one hundred dollars ($100) for clothing per year per child in care, subject to the availability of funds. The supplemental payment shall be used to supplement, and shall not be used to supplant, any clothing allowance paid in addition to the foster family agency rate.
(2)Notwithstanding paragraph (1), commencing with the 201213 fiscal year, and each fiscal year thereafter, no supplemental clothing allowance shall be provided, because the rate issued in accordance with paragraph (1) of subdivision (m) takes the cost of clothing into account.
(h)In addition to the adjustment made pursuant to subdivision (e), the component for social work activities in the rate calculation specified in the departments regulations for foster family agencies shall be increased by 10 percent, effective January 1, 2001. This additional funding shall be used by foster family agencies solely to supplement staffing, salaries, wages, and benefit levels of staff performing social work activities. The schedule of rates shall be recomputed using the adjusted amount for social work activities. The resultant amounts shall constitute the new schedule of rates for foster family agencies. The department may require a foster family agency receiving this additional funding to certify that the funding was utilized in accordance with the provisions of this section.
(i)The increased rate provided by subparagraph (C) of paragraph (1) of subdivision (d) of Section 11461 shall not be used to compute the monthly amount that may be paid to licensed foster family agencies for the placement of children in certified foster homes.
(j)The total foster family agency rate by age group in effect as of January 1, 2008, paid to licensed foster family agencies for the placement of children in certified foster family homes, shall be reduced by 10 percent, effective October 1, 2009. The foster family agency shall have flexibility in applying the reduction, however, nothing shall be deducted from the child base rate, as defined in departmental regulations. When the rate is restored to at least the rate in effect on September 1, 2009, the director shall issue the declaration described in Section 1506.3 of the Health and Safety Code.
(k)Effective October 1, 2009, the total foster family agency rate by age group, in effect for those agency rates that are not determined by the schedule of rates set forth in the departments regulations, shall be reduced by the same percentage and in the same manner as provided for in subdivision (j).
(l)(1)The department shall determine, consistent with the requirements of this section and other relevant requirements under law, the rate category for each foster family agency on a biennial basis. Submission of the biennial rate application shall be according to a schedule determined by the department.
(2)The department shall adopt regulations to implement this subdivision. The adoption, amendment, repeal, or readoption of a regulation authorized by this subdivision is deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement to describe specific facts showing the need for immediate action.
(m)(1)On and after July 1, 2012, the basic rate payment that shall be made to the certified parent pursuant to this section for care and supervision of a child who is living in a certified home of a foster family agency, as defined in Section 11400, shall equal the basic rate for children based in a licensed or approved home, as specified in paragraph (1) of subdivision (g) of Section 11461.
(2)The basic rate payment to the certified parent made pursuant to paragraph (1) shall be adjusted annually on July 1, by the annual percentage change in the California Necessities Index, in accordance with paragraph (2) of subdivision (g) of Section 11461. The adjustment in this paragraph shall be in lieu of any adjustment pursuant to subdivision (e).
(n)Notwithstanding any other law, the changes to the basic rate payment specified in subdivision (m) shall not change the remaining components of the foster family agency rate. The new foster family agency rate shall be increased only by the amounts specified pursuant to subdivision (m). The resulting amounts shall constitute the new schedule of rates for foster family agencies, which shall be issued by all-county letters or similar instructions from the department.
(o)Beginning in the 201112 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
(p)(1)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific the changes to this section made by the act that added this section, and amend and repeal regulations and orders subject to this section and adopted by the department by means of all-county letters or similar instructions from the department until regulations are adopted. The department shall adopt emergency regulations no later than July 1, 2014. The department may readopt any emergency regulation authorized by this section that is the same as, or substantially equivalent to, an emergency regulation previously adopted under this section.
(2)The initial adoption of emergency regulations pursuant to this section and one readoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and each shall remain in effect for no more than 180 days, by which time final regulations may be adopted.
(q)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 70.SEC. 74.Section 11463 is added to the Welfare and Institutions Code, to read:11463.(a)The department shall commence development of a new payment structure for the Title IV-E funded foster family agency placement option that maximizes federal funding. funding, in consultation with county placing agencies.
(b)The department shall develop a payment system for foster family agencies that provide nontreatment, treatment, intensive treatment, and therapeutic foster care programs, and shall consider all of the following factors:
(1)Administrative activities that are eligible for federal financial participation provided, at county request, for and to 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 provided services, either directly provided or secured through formal agreements with other agencies, that encompass community services and supports, permanency-related services, medical physical, behavioral, and mental health support and access to services, including specialty mental health services, educational support, life and social support, transitional support services upon discharge, biological parent and resource family supports, and services for nonminor dependents. for children, youth, and families who assume permanency and for children, youth, and families who step down into lower levels of foster care, services for transition-aged youth, services for nonminor dependents, and trauma-informed practices and supports for children and youth, including treatment services.
(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)Children and youth assessed as having an emotional disturbance as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations placed out-of-home pursuant to an individualized education program developed under Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1 of the Government Code.
(B)AFDC-FC children 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 develop a system of governmental monitoring and oversight that shall be carried out in coordination with the State Department of Health Care Services. Oversight responsibilities shall include, but not be limited to, ensuring conformity with federal and state law, including program, fiscal, and health and safety reviews.
(d)The department shall consider the impact on children and youth being transitioned to alternate programs as a result of the new ratesetting system.
(e) This section shall become operative on January 1, 2017.
SEC. 71.SEC. 75.Section 11463.01 is added to the Welfare and Institutions Code, immediately after Section 11463, to read:11463.01.(a)(1)The department, with the advice, assistance, and cooperation of the counties and foster care providers, shall develop, implement, and maintain a ratesetting system for foster family agencies.
(2)No county shall be reimbursed for any percentage increases in payments, made on behalf of AFDC-FC funded children who are placed with foster family agencies, that exceed the percentage cost-of-living increase provided in any fiscal year, as specified in subdivision (c) of Section 11461.
(b)The department shall develop regulations specifying the purposes, types, and services of foster family agencies, including the use of those agencies for the provision of emergency shelter care. A distinction, for ratesetting purposes, shall be drawn between foster family agencies that provide treatment of children in foster families and those that provide nontreatment services.
(c)The department shall develop and maintain regulations specifying the procedures for the appeal of department decisions about the setting of an agencys 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 based placed in a licensed or approved home, as specified in paragraph (1) of subdivision (g) of Section 11461.
(2)The basic rate payment to the certified parent made pursuant to paragraph (1) shall be adjusted annually on July 1, by the annual percentage change in the California Necessities Index, in accordance with paragraph (2) of subdivision (g) of Section 11461. The adjustment in this paragraph shall be in lieu of any adjustment pursuant to subdivision (e) of Section 11463, as that section read on January 1, 2015.
(h)Notwithstanding any other law, the changes to the basic rate payment specified in subdivision (g) shall not change the remaining components of the foster family agency rate. The new foster family agency rate shall be increased only by the amounts specified pursuant to subdivision (g). The resulting amounts shall constitute the new schedule of rates for foster family agencies, which shall be issued by all-county letters or similar instructions from the department.
(i)For each fiscal year, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
(j)(1)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific the changes to this section made by the act that added this section, and amend and repeal regulations and orders subject to this section and adopted by the department by means of all-county letters or similar instructions from the department until regulations are adopted. The department shall adopt emergency regulations no later than July 1, 2016. The department may readopt any emergency regulation authorized by this section that is the same as, or substantially equivalent to, an emergency regulation previously adopted under this section.
(2)The initial adoption of emergency regulations pursuant to this section and one readoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and each shall remain in effect for no more than 180 days, by which time final regulations may be adopted.
(k)This section shall only apply to a foster family agency that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11463.1.
(l)This section shall become operative on January 1, 2017.
(m)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 72.SEC. 76.Section 11463.1 is added to the Welfare and Institutions Code, to read:11463.1.(a)Notwithstanding any other law, commencing January 1, 2017, no new foster family agency shall be established pursuant to the rate in effect through December 31, 2016.
(b)Notwithstanding subdivision (a), the department may grant an exception as appropriate, on a case-by-case basis, when a written request and supporting documentation are provided by a county placing agency, including a county welfare or probation director, that absent the granting of that exception, there is a material risk to the welfare of children due to an inadequate supply of appropriate alternative placement options to meet the needs of children 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 may request an exception to extend its rate as follows:
(1)The department may grant an extension for up to one year, through December 31, 2017, on a case-by-case basis, when a written request and supporting documentation are provided by a county placing agency, including a county welfare or probation director, that absent the granting of that exception, there is a material risk to the welfare of children 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, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 73.SEC. 77.Section 11465 of the Welfare and Institutions Code is amended to read:11465.(a)When a child is living with a parent who receives AFDC-FC or Kin-GAP benefits, the rate paid to the provider on behalf of the parent shall include an amount for care and supervision of the child.
(b)For each category of eligible licensed community care facility, as defined in Section 1502 of the Health and Safety Code, the department shall adopt regulations setting forth a uniform rate to cover the cost of care and supervision of the child in each category of eligible licensed community care facility.
(c)(1)On and after July 1, 1998, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 6 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate.
(2)(A)On and after July 1, 1999, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be adjusted by an amount equal to the California Necessities Index computed pursuant to Section 11453, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate, subject to further adjustment pursuant to subparagraph (B).
(B)In addition to the adjustment specified in subparagraph (A), on and after January 1, 2000, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 2.36 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate.
(3)Subject to the availability of funds, for the 200001 fiscal year and annually thereafter, these rates shall be adjusted for cost of living pursuant to procedures in Section 11453.
(4)On and after January 1, 2008, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 5 percent, rounded to the nearest dollar. The resulting amount shall constitute the new uniform rate.
(d)(1)Notwithstanding subdivisions (a) to (c), inclusive, the payment made pursuant to this section for care and supervision of a child who is living with a teen parent in a whole family foster home, as defined in Section 11400, shall equal the basic rate for children placed in a licensed or approved home as specified in subdivisions (a) to (d), inclusive, and subdivision (g), of Section 11461.
(2)(A)The amount paid for care and supervision of a dependent infant living with a dependent teen parent receiving AFDC-FC benefits in a group home placement shall equal the infant supplement rate for group home placements.
(B)Commencing January 1, 2017, the amount paid for care and supervision of a dependent infant living with a dependent teenage parent receiving AFDC-FC benefits in a short-term residential treatment center shall equal the infant supplement rate for short-term residential treatment centers established by the department.
(3)(A)The caregiver shall provide the county child welfare agency or probation department with a copy of the shared responsibility plan developed pursuant to Section 16501.25 and shall advise the county child welfare agency or probation department of any subsequent changes to the plan. Once the plan has been completed and provided to the appropriate agencies, the payment made pursuant to this section shall be increased by an additional two hundred dollars ($200) per month to reflect the increased care and supervision while he or she is placed in the whole family foster home.
(B)A nonminor dependent parent residing in a supervised independent living placement, as defined in subdivision (w) of Section 11400, who develops a written parenting support plan pursuant to Section 16501.26 shall provide the county child welfare agency or probation department with a copy of the plan and shall advise the county child welfare agency or probation department of any subsequent changes to the plan. The payment made pursuant to this section shall be increased by an additional two hundred dollars ($200) per month after all of the following have been satisfied:
(i)The plan has been completed and provided to the appropriate county agency.
(ii)The plan has been approved by the appropriate county agency.
(iii)The county agency has determined that the identified responsible adult meets the criteria specified in Section 16501.27.
(4)In a year in which the payment provided pursuant to this section is adjusted for the cost of living as provided in paragraph (1) of subdivision (c), the payments provided for in this subdivision shall also be increased by the same procedures.
(5)A Kin-GAP relative who, immediately prior to entering the Kin-GAP program, was designated as a whole family foster home shall receive the same payment amounts for the care and supervision of a child who is living with a teen parent they received in foster care as a whole family foster home.
(6)On and after January 1, 2012, the rate paid for a child living with a teen parent in a whole family foster home as defined in Section 11400 shall also be paid for a child living with a nonminor dependent parent who is eligible to receive AFDC-FC or Kin-GAP pursuant to Section 11403.
SEC. 74.SEC. 78.Section 11466 is added to the Welfare and Institutions Code, to read:11466.For the purposes of this section to Section 114691.1, inclusive, provider shall mean a group home, short-term residential treatment center, a foster family agency that provides treatment services, and similar foster care business entities.
SEC. 75.SEC. 79.Section 11466.21 of the Welfare and Institutions Code is amended to read:11466.21.(a)In accordance with subdivision (b), as a condition to receive an AFDC-FC rate for a program including, but not limited to, a group home, a foster family agency that provides treatment services, or a short-term residential treatment center, the following shall apply:
(1)Any provider who expends in combined federal funds an amount at or above the federal funding threshold in accordance with the federal Single Audit Act, as amended, and Section 200.501 of Title 2 of the Code of Federal Regulations shall arrange to have a financial audit conducted on an annual basis, and shall submit the annual financial audit to the department in accordance with regulations adopted by the department.
(2)Any provider who expends in combined federal funds an amount below the federal funding threshold in accordance with the federal Single Audit Act, as amended, and Section 200.501 of Title 2 of the Code of Federal Regulations shall submit to the department a financial audit on its most recent fiscal period at least once every three years. The department shall provide timely notice to the providers of the date that submission of the financial audit is required. That date of submission of the financial audit shall be established in accordance with regulations adopted by the department.
(3)The scope of the financial audit shall include all of the programs and activities operated by the provider and shall not be limited to those funded in whole or in part by the AFDC-FC program. The financial audits shall include, but not be limited to, an evaluation of the accounting and control systems of the provider.
(4)The provider shall have its financial audit conducted by certified public accountants or by state-licensed public accountants who have no direct or indirect relationship with the functions or activities being audited, or with the provider, its board of directors, officers, or staff.
(5)The provider shall have its financial audits conducted in accordance with Government Auditing Standards issued by the Comptroller General of the United States and in compliance with generally accepted accounting principles applicable to private entities organized and operated on a nonprofit basis.
(6)(A)Each provider shall have the flexibility to define the calendar months included in its fiscal year.
(B)A provider may change the definition of its fiscal year. However, the financial audit conducted following the change shall cover all of the months since the last audit, even though this may cover a period that exceeds 12 months.
(b)(1)In accordance with subdivision (a), as a condition to receive an AFDC-FC rate that becomes effective on or after July 1, 2000, a provider shall submit a copy of its most recent financial audit report, except as provided in paragraph (3).
(2)The department shall terminate the rate of a provider who fails to submit a copy of its most recent financial audit pursuant to subdivision (a). A terminated rate shall only be reinstated upon the providers submission of an acceptable financial audit.
(3)Effective July 1, 2000, a new provider that has been incorporated for fewer than 12 calendar months shall not be required to submit a copy of a financial audit to receive an AFDC-FC rate for a new program. The financial audit shall be conducted on the providers next full fiscal year of operation. The provider shall submit the financial audit to the department in accordance with subdivision (a).
(c)The department shall implement this section through the adoption of emergency regulations.
SEC. 76.SEC. 80.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 that provide treatment services, receive the level of care and supervision commensurate with the programs 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, it shall be liable to repay the overpayment.
(d)(1)Overpayments shall be determined by either a provider audit or a provider self-reporting an overpayment.
(2)If an informal hearing is not requested, or on the 60th day after an informal decision if a provider or the department does not file a notice of intent to file a formal appeal, or on the 30th day following a formal appeal hearing decision, whichever is latest, a group home provider overpayment shall be sustained for collection purposes and the department shall issue a demand letter for repayment of the sustained overpayment.
(3)The department shall establish a voluntary repayment agreement procedure with a maximum repayment period of nine years. The procedure shall take into account the amount of the overpayment, projected annual income of the program that caused the overpayment, a minimum repayment amount, including principal and interest, of 3 percent of annual income prorated on a monthly basis, simple interest for the first seven years of the voluntary repayment agreement on the overpayment amount based on the Surplus Money Investment Fund, and simple interest for the eighth and ninth years of the voluntary repayment agreement based on the prime rate at that time plus 3 percent. The department may adopt regulations permitting the director, at his or her discretion, to renegotiate the volunteer repayment agreement if the director determines that the agreement would cause severe harm to children in placement.
(4)The department shall establish an involuntary overpayment collection procedure, that shall take into account the amount of the overpayment, projected annual income, a minimum required repayment amount, including principal and interest, of 5 percent of the annual income prorated on a monthly basis, simple interest on the overpayment amount based on the Surplus Money Investment Fund, and a maximum repayment period of seven years. The department may establish regulations permitting the director at his or her discretion to renegotiate the involuntary payment agreement if the director determines that the agreement would cause severe harm to children in placement.
(e)The department shall develop regulations for recovery of any provider sustained overpayments. The regulations 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.
(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 providers 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. 77.SEC. 81.Section 11466.25 of the Welfare and Institutions Code is amended to read:11466.25.Interest begins to accrue on a provider overpayment on the date of the issuance of the final audit report.
SEC. 78.SEC. 82.Section 11466.3 of the Welfare and Institutions Code is amended to read:11466.3.(a)The department shall offer a voluntary repayment agreement procedure to providers that owe a sustained overpayment. A provider may enter into a voluntary repayment agreement with the department to repay a sustained overpayment. The voluntary repayment agreement shall, at a minimum, meet the requirements developed pursuant to paragraph (3) of subdivision (d) of Section 11466.2.
(b)The department shall charge simple interest on the voluntary repayment agreement in accordance with paragraph (3) of subdivision (d) of Section 11466.2.
SEC. 79.SEC. 83.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. Overpayments shall be offset against current monthly rate reimbursement payments due and payable to a provider under this chapter.
SEC. 80.SEC. 84.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 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 providers 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 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. 81.SEC. 85.Section 11466.33 of the Welfare and Institutions Code is amended to read:11466.33.(a)If any amount is due and payable to the department as a result of sustained overpayment to a provider for care and services in the AFDC-FC program, the department may file, in the office of any county clerk of any county in which the provider has real or personal property, a certificate if any of the following conditions are met:
(1)No informal hearing is requested and if a provider has not submitted a voluntary repayment agreement with the first payment, and 60 days have elapsed from the notice of audit results.
(2)No formal appeal is requested and if a provider has not submitted a voluntary repayment agreement along with the first payment, and 60 days have elapsed from the notice of the informal hearing decision.
(3)A provider has not submitted a voluntary repayment agreement along with the first payment, and 30 days have elapsed after an adverse appeal decision by a hearing officer that sustains an overpayment.
(b)The certificate provided for pursuant to subdivision (a) shall contain:
(1)The amount due, owing, and unpaid, plus simple interest on the amount owing and unpaid beginning on the date the certificate is filed.
(2)A statement that the department has complied with this section prior to the filing of the certificate.
(3)A request that a lien be recorded against the provider in the amount set forth in the certificate.
(c)The county clerk immediately upon the filing of the certificate shall record the lien for the State of California against the provider in the amount set forth in the certificate. The lien may be filed in the chain of title of the property.
(d)The department shall pay the cost of the first lien, and providers shall be responsible for any subsequent liens on a sustained overpayment.
(e)For the first certificate filed by the department pursuant to this section, the county shall waive all filing fees.
SEC. 82.SEC. 86.Section 11466.34 of the Welfare and Institutions Code is amended to read:11466.34.(a)(1)At any time within 10 years of the recording of a lien pursuant to Section 11466.33, the department may bring an action, in a superior court in the county in which the lien is filed, seeking a judgment to establish the lien as a judgment lien.
(2)If a judgment is obtained pursuant to paragraph (1), the county recorder shall record the lien as a judgment lien.
(b)An abstract of a judgment obtained pursuant to subdivision (a) or a copy thereof may be recorded with the county recorder of any county. From the time of recording, the judgment shall constitute a lien upon all real or personal property of the provider in that county owned by the provider at the time, or that the provider may afterwards, but before the lien expires, acquire. The judgment lien shall continue for 10 years from the time of recording of the abstract of judgment obtained pursuant to subdivision (a), unless sooner released or otherwise discharged.
(c)The judgment lien may, within 10 years from the date of recording of the abstract of judgment or within 10 years from the date of the last extension of the lien in the manner provided in this section, be extended by recording a new abstract in the office of the county recorder of any county. From the date of that recording, the lien shall be extended for 10 years, unless sooner released or otherwise discharged.
(d)The department may release any lien imposed pursuant to this chapter, at the providers cost, in which case any judgment pertaining to that lien is for all purposes null and void, if all of the following conditions are met:
(1)No temporary suspension order or license revocation actions by the departments community care licensing division is pending against a provider.
(2)A provider has made at least three timely payments on a voluntary repayment agreement.
(3)The provider submits to the department corroborative evidence that it is unable to obtain a loan from an institutional lender unless the lien is released.
(e)Execution shall issue upon a judgment obtained pursuant to this section upon request of the department in the same manner as execution may issue upon other judgments. Sale shall be held under that execution as prescribed in the Code of Civil Procedure. In all proceedings under this section, the director or his or her authorized agents may act on behalf of the state.
SEC. 83.SEC. 87.Section 11466.35 of the Welfare and Institutions Code is amended to read:11466.35.(a)Any licensee who has been determined to owe a sustained overpayment under this chapter, and who, subsequent to notice of the sustained overpayment, has its rate terminated, shall be ineligible to apply or receive a rate for any future program until the overpayment is repaid.
(b)A rate application shall be denied for a provider that meets either of the following conditions:
(1)A provider owing a sustained overpayment under this chapter, upon the occurrence of any additional sustained overpayment, shall be ineligible to apply or receive a rate for an existing or future program until the sustained overpayments are repaid, unless a voluntary repayment agreement is approved by the department.
(2)A provider incurring a sustained overpayment that constitutes more than 60 percent of the providers annual rate reimbursement shall be ineligible to apply or receive a rate for any existing or future programs until the sustained overpayments are repaid, unless a voluntary repayment agreement is approved by the department.
SEC. 84.SEC. 88.Section 11466.36 of the Welfare and Institutions Code is amended to read:11466.36.(a)The department may terminate a program rate if any of the following conditions are met:
(1)The department determines that, based upon the findings of a hearing officer, a rate application or information submitted by a provider was fraudulently submitted to the department.
(2)A provider with an outstanding sustained overpayment incurs a second sustained overpayment, and is unable to repay the sustained overpayments.
(3)A provider has a sustained overpayment that represents 100 percent of a providers annual rate reimbursement.
(b)This chapter shall not be construed to affect the departments authority under other provisions of law for collection of provider sustained overpayments.
SEC. 85.SEC. 89.Section 11466.5 of the Welfare and Institutions Code is amended to read:11466.5.The department shall collect cost data and monitor the cost of providing care and supervision, and social work services, to AFDC-FC recipients. These data shall include, but not be limited to, the costs incurred for employee wages and benefits.
SEC. 86.SEC. 90.Section 11466.6 of the Welfare and Institutions Code is amended to read:11466.6.A provider who disagrees with the rate determined by the department or adjusted by a program audit may request in writing an appeal by the director or the directors designee. The department shall adopt regulations establishing procedures for the departmental appeal process.
SEC. 87.SEC. 91.Section 11468 of the Welfare and Institutions Code is amended to read:11468.The department shall establish administrative procedures to review the rate set by the department for AFDC-FC programs, including, but not limited to, group homes, short-term residential treatment centers, and foster family agencies that provide treatment services.
SEC. 88.SEC. 92.Section 16000 of the Welfare and Institutions Code is amended to read:16000.(a)It is the intent of the Legislature to preserve and strengthen a childs family ties whenever possible, removing the child from the custody of his or her parents only when necessary for his or her welfare or for the safety and protection of the public. If a child is removed from the physical custody of his or her parents, preferential consideration shall be given whenever possible to the placement of the child with the relative as required by Section 7950 of the Family Code. If the child is removed from his or her own family, it is the purpose of this chapter to secure as nearly as possible for the child the custody, care, and discipline equivalent to that which should have been given to the child by his or her parents. It is further the intent of the Legislature to reaffirm its commitment to children who are in out-of-home placement to live in the least restrictive, most familylike setting and to live as close to the childs family as possible pursuant to subdivision (c) of Section 16501.1. Family reunification services shall be provided for expeditious reunification of the child with his or her family, as required by law. If reunification is not possible or likely, a permanent alternative shall be developed.
(b)It is further the intent of the Legislature that all children live with a committed, permanent, and nurturing family. Services and supports should be tailored to meet the needs of the individual child and family being served, with the ultimate goal of maintaining the family, or when this is not possible, transitioning the child or youth to a permanent family or preparing the youth for a successful transition into adulthood. When needed, short-term residential treatment center program services are a short-term, specialized, and intensive intervention that is just one part of a continuum of care available for children, youth, young adults, and their families.
(c)It is further the intent of the Legislature to ensure that all pupils in foster care and those who are homeless as defined by the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.) have the opportunity to meet the challenging state pupil academic achievement standards to which all pupils are held. In fulfilling their responsibilities to pupils in foster care, educators, county placing agencies, care providers, advocates, and the juvenile courts shall work together to maintain stable school placements and to ensure that each pupil is placed in the least restrictive educational programs, and has access to the academic resources, services, and extracurricular and enrichment activities that are available to all pupils. In all instances, educational and school placement decisions shall be based on the best interests of the child.
SEC. 89.SEC. 93.Section 16003 of the Welfare and Institutions Code is amended to read:16003.(a)In order to promote the successful implementation of the statutory preference for foster care placement with a relative caretaker caregiver as set forth in Section 7950 of the Family Code, each community college district with a foster care education program shall make available orientation and training to the relative or nonrelative extended family member caregiver into whose care the county has placed a foster child pursuant to Section 1529.2 of the Health and Safety Code, including, but not limited to, courses that cover the following:
(1)The role, rights, and responsibilities of a relative or nonrelative extended family member caregiver caring for a child in foster care, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(2)An overview of the child protective system.
(3)The effects of child abuse and neglect on child development.
(4)Positive discipline and the importance of self-esteem.
(5)Health issues in foster care.
(6)Accessing education and health services that are available to foster children.
(7)Relationship and safety issues regarding contact with one or both of the birth parents.
(8)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(9)Information on resources available for those who meet eligibility criteria, including out-of-home care payments, the Medi-Cal program, in-home supportive services, and other similar resources.
(10)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(11)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(b)In addition to training made available pursuant to subdivision (a), each community college district with a foster care education program shall make training available to a relative or nonrelative extended family member caregiver that includes, but need not be limited to, courses that cover all of the following:
(1)Age-appropriate child development.
(2)Health issues in foster care.
(3)Positive discipline and the importance of self-esteem.
(4)Emancipation and independent living.
(5)Accessing education and health services available to foster children.
(6)Relationship and safety issues regarding contact with one or both of the birth parents.
(7)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(8)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(c)In addition to the requirements of subdivisions (a) and (b), each community college district with a foster care education program, in providing the orientation program, shall develop appropriate program parameters in collaboration with the counties.
(d)Each community college district with a foster care education program shall make every attempt to make the training and orientation programs for relative or nonrelative extended family member caregivers highly accessible in the communities in which they reside.
(e)When a child is placed with a relative or nonrelative extended family member caregiver, the county shall inform the caregiver of the availability of training and orientation programs and it is the intent of the Legislature that the county shall forward the names and addresses of relative or nonrelative extended family member caregivers to the appropriate community colleges providing the training and orientation programs.
(f)This section shall not be construed to preclude counties from developing or expanding existing training and orientation programs for foster care providers to include relative or nonrelative extended family member caregivers.
(g)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 90.SEC. 94.Section 16501 of the Welfare and Institutions Code is amended to read:16501.(a)(1)As used in this chapter, child welfare services means public social services that are directed toward the accomplishment of any or all of the following purposes: protecting and promoting the welfare of all children, including disabled, homeless, dependent, or neglected children; preventing or remedying, or assisting in the solution of problems which may result in, the neglect, abuse, exploitation, or delinquency of children; preventing the unnecessary separation of children from their families by identifying family problems, assisting families in resolving their problems, and preventing breakup of the family where the prevention of child removal is desirable and possible; restoring to their families children who have been removed, by the provision of services to the child and the families; identifying children to be placed in suitable adoptive homes, in cases where restoration to the biological family is not possible or appropriate; and ensuring adequate care of children away from their homes, in cases where the child cannot be returned home or cannot be placed for adoption.
(2)Child welfare services also means services provided on behalf of children alleged to be the victims of child abuse, neglect, or exploitation. The child welfare services provided on behalf of each child represent a continuum of services, including emergency response services, family preservation services, family maintenance services, family reunification services, and permanent placement services, including supportive transition services. The individual childs case plan is the guiding principle in the provision of these services. The case plan shall be developed within a maximum of 60 days of the initial removal of the child or of the in-person response required under subdivision (f) if the child has not been removed from his or her home, or by the date of the dispositional hearing pursuant to Section 358, whichever comes first.
(3)Child welfare services are best provided in a framework that integrates service planning and delivery among multiple service systems, including the mental health system, using a team-based approach, such as a child and family team. A child and family team brings together individuals that engage with the child or youth and family in assessing, planning, and delivering services. Use of a team approach increases efficiency, and thus reduces cost, by increasing coordination of formal services and integrating the natural and informal supports available to the child or youth and family.
(4)Child and family team means a supportive team that informs the process of placement and services to children and youth in foster care or who are at risk of foster care placement. The child and family team is comprised of the child or youth, the childs family, the caregiver, the placing agency caseworker, a county mental health representative, and a representative of the childs or youths tribe or Indian custodian, as applicable. As appropriate, the child and family team also may include, but is not limited to, the childs attorney, behavioral health representatives and other formal supports, such as educational professionals and representatives from other agencies providing services to the child or youth and family. For purposes of this definition, the child and family team also may include extended family and informal support persons, such as friends, coaches, faith-based connections, and tribes as identified by the child or youth and family. If placement into a short-term residential treatment center or a foster family agency that provides treatment services has occurred or is being considered, the mental health representative is required to be a licensed mental health professional.
(5)Child welfare services may include, but are not limited to, a range of service-funded activities, including case management, counseling, emergency shelter care, emergency in-home caretakers, temporary in-home caretakers, respite care, therapeutic day services, teaching and demonstrating homemakers, parenting training, substance abuse testing, and transportation. These service-funded activities shall be available to children and their families in all phases of the child welfare program in accordance with the childs case plan and departmental regulations. Funding for services is limited to the amount appropriated in the annual Budget Act and other available county funds.
(6)Service-funded activities to be provided may be determined by each county, based upon individual child and family needs as reflected in the service plan.
(7)As used in this chapter, emergency shelter care means emergency shelter provided to children who have been removed pursuant to Section 300 from their parent or parents or their guardian or guardians. The department may establish, by regulation, the time periods for which emergency shelter care shall be funded. For the purposes of this paragraph, emergency shelter care may include transitional shelter care facilities as defined in paragraph (11) of subdivision (a) of Section 1502 of the Health and Safety Code.
(b)As used in this chapter, respite care means temporary care for periods not to exceed 72 hours. hours, and, in order to preserve the placement, may be extended up to 14 days in any one month pending the development of policies and regulations in consultation with county placing agencies and stakeholders. This care may be provided to the childs parents or guardians. This care shall not be limited by regulation to care over 24 hours. These services shall not be provided for the purpose of routine, ongoing child care.
(c)The county shall provide child welfare services as needed pursuant to an approved service plan and in accordance with regulations promulgated, in consultation with the counties, by the department. Counties may contract for service-funded activities as defined in paragraph (1) of subdivision (a). Counties shall not contract for needs assessment, client eligibility determination, or any other activity as specified by regulations of the State Department of Social Services, except as specifically authorized in Section 16100.
(d)Nothing in this chapter shall be construed to affect duties which are delegated to probation officers pursuant to Sections 601 and 654.
(e)Any county may utilize volunteer individuals to supplement professional child welfare services by providing ancillary support services in accordance with regulations adopted by the State Department of Social Services.
(f)As used in this chapter, emergency response services consist of a response system providing in-person response, 24 hours a day, seven days a week, to reports of abuse, neglect, or exploitation, as required by Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code for the purpose of investigation pursuant to Section 11166 of the Penal Code and to determine the necessity for providing initial intake services and crisis intervention to maintain the child safely in his or her own home or to protect the safety of the child. County welfare departments shall respond to any report of imminent danger to a child immediately and all other reports within 10 calendar days. An in-person response is not required when the county welfare department, based upon an evaluation of risk, determines that an in-person response is not appropriate. This evaluation includes collateral, contacts, a review of previous referrals, and other relevant information, as indicated.
(g)As used in this chapter, family maintenance services are activities designed to provide in-home protective services to prevent or remedy neglect, abuse, or exploitation, for the purposes of preventing separation of children from their families.
(h)As used in this chapter, family reunification services are activities designed to provide time-limited foster care services to prevent or remedy neglect, abuse, or exploitation, when the child cannot safely remain at home, and needs temporary foster care, while services are provided to reunite the family.
(i)As used in this chapter, permanent placement services are activities designed to provide an alternate permanent family structure for children who because of abuse, neglect, or exploitation cannot safely remain at home and who are unlikely to ever return home. These services shall be provided on behalf of children for whom there has been a judicial determination of a permanent plan for adoption, legal guardianship, or long-term foster care, and, as needed, shall include supportive transition services to nonminor dependents, as described in subdivision (v) of Section 11400.
(j)As used in this chapter, family preservation services include those services specified in Section 16500.5 to avoid or limit out-of-home placement of children, and may include those services specified in that section to place children in the least restrictive environment possible.
(k)(1)(A)In any county electing to implement this subdivision, all county welfare department employees who have frequent and routine contact with children shall, by February 1, 1997, and all welfare department employees who are expected to have frequent and routine contact with children and who are hired on or after January 1, 1996, and all such employees whose duties change after January 1, 1996, to include frequent and routine contact with children, shall, if the employees provide services to children who are alleged victims of abuse, neglect, or exploitation, sign a declaration under penalty of perjury regarding any prior criminal conviction, and shall provide a set of fingerprints to the county welfare director.
(B)The county welfare director shall secure from the Department of Justice a criminal record to determine whether the employee has ever been convicted of a crime other than a minor traffic violation. The Department of Justice shall deliver the criminal record to the county welfare director.
(C)If it is found that the employee has been convicted of a crime, other than a minor traffic violation, the county welfare director shall determine whether there is substantial and convincing evidence to support a reasonable belief that the employee is of good character so as to justify frequent and routine contact with children.
(D)No exemption shall be granted pursuant to subparagraph (C) if the person has been convicted of a sex offense against a minor, or has been convicted of an offense specified in Section 220, 243.4, 264.1, 273d, 288, or 289 of the Penal Code, or in paragraph (1) of Section 273a of, or subdivision (a) or (b) of Section 368 of, the Penal Code, or has been convicted of an offense specified in subdivision (c) of Section 667.5 of the Penal Code. The county welfare director shall suspend such a person from any duties involving frequent and routine contact with children.
(E)Notwithstanding subparagraph (D), the county welfare director may grant an exemption if the employee or prospective employee, who was convicted of a crime against an individual specified in paragraph (1) or (7) of subdivision (c) of Section 667.5 of the Penal Code, has been rehabilitated as provided in Section 4852.03 of the Penal Code and has maintained the conduct required in Section 4852.05 of the Penal Code for at least 10 years and has the recommendation of the district attorney representing the employees or prospective employees county of residence, or if the employee or prospective employee has received a certificate of rehabilitation pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code. In that case, the county welfare director may give the employee or prospective employee an opportunity to explain the conviction and shall consider that explanation in the evaluation of the criminal conviction record.
(F)If no criminal record information has been recorded, the county welfare director shall cause a statement of that fact to be included in that persons personnel file.
(2)For purposes of this subdivision, a conviction means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Any action that the county welfare director is permitted to take following the establishment of a conviction may be taken when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, notwithstanding a subsequent order pursuant to Sections 1203.4 and 1203.4a of the Penal Code permitting the person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment. For purposes of this subdivision, the record of a conviction, or a copy thereof certified by the clerk of the court or by a judge of the court in which the conviction occurred, shall be conclusive evidence of the conviction.
SEC. 91.SEC. 95.Section 16501.1 of the Welfare and Institutions Code is amended to read:16501.1.(a)(1)The Legislature finds and declares that the foundation and central unifying tool in child welfare services is the case plan.
(2)The Legislature further finds and declares that a case plan ensures that the child receives protection and safe and proper care and case management, and that services are provided to the child and parents or other caretakers, as appropriate, in order to improve conditions in the parents home, to facilitate the safe return of the child to a safe home or the permanent placement of the child, and to address the needs of the child while in foster care.
(3)The case plan shall be developed in collaboration with the child and family team as defined in paragraph (4) of subdivision (a) of Section 16501. The agency shall consider the recommendations of the child and family team. The agency shall document the rationale for any inconsistencies between the case plan and the child and family team recommendations.
(b)(1)A case plan shall be based upon the principles of this section and the input from the child and family team.
(2)The case plan shall document that a preplacement assessment of the service needs of the child and family, and preplacement preventive services, have been provided, and that reasonable efforts to prevent out-of-home placement have been made.
(3)In determining the reasonable services to be offered or provided, the childs health and safety shall be the paramount concerns.
(4)Upon a determination pursuant to paragraph (1) of subdivision (e) of Section 361.5 that reasonable services will be offered to a parent who is incarcerated in a county jail or state prison, detained by the United States Department of Homeland Security, or deported to his or her country of origin, the case plan shall include information, to the extent possible, about a parents incarceration in a county jail or the state prison, detention by the United States Department of Homeland Security, or deportation during the time that a minor child of that parent is involved in dependency care.
(5)Reasonable services shall be offered or provided to make it possible for a child to return to a safe home environment, unless, pursuant to subdivisions (b) and (e) of Section 361.5, the court determines that reunification services shall not be provided.
(6)If reasonable services are not ordered, or are terminated, reasonable efforts shall be made to place the child in a timely manner in accordance with the permanent plan and to complete all steps necessary to finalize the permanent placement of the child.
(c)If out-of-home placement is used to attain case plan goals, the case plan shall consider the recommendations of the child and family team.
(d)(1)The case plan shall include a description of the type of home or institution in which the child is to be placed, and the reasons for that placement decision. The decision regarding choice of placement shall be based upon selection of a safe setting that is the least restrictive or most familylike and the most appropriate setting that is available and in close proximity to the parents home, proximity to the childs school, and consistent with the selection of the environment best suited to meet the childs special needs and best interests. The selection shall consider, in order of priority, placement with relatives, nonrelated extended family members, and tribal members; foster and resource family homes family homes, resource families, and nontreatment certified homes of foster family agencies; followed by treatment and intensive treatment certified homes of foster family agencies; or multidimensional treatment foster care homes or therapeutic foster care homes; group care placements in the order of short-term residential treatment centers, group homes, community treatment facilities, and out-of-state residential treatment pursuant to Part 5 (commencing with Section 7900) of Division 12 of the Family Code.
(2)If a treatment placement is selected for a child, the case plan shall indicate the needs of the child that necessitate this placement, the plan for transitioning the child to a less restrictive environment, and the projected timeline by which the child will be transitioned to a less restrictive environment. This section of the case plan shall be reviewed and updated at least semiannually.
(A)The case plan for placements in a group home, or commencing January 1, 2017, in a short-term residential treatment center, shall indicate that the county has taken into consideration Section 16010.8.
(B)After January 1, 2016, if a treatment foster care placement, such as a treatment foster family agency, intensive treatment foster care, therapeutic foster care, or short-term residential treatment center, is being considered for the child or youth, 2017, a child and family team meeting as described in Sections 831 and defined in Section 16501 shall be convened for the purpose of determining the appropriateness of the placement and whether there are any appropriate, less restrictive, and more family-like alternatives. by the county placing agency for the purpose of identifying the supports and services needed to achieve permanency and enable the child or youth to be placed in the least restrictive, most family-like setting.
(3)On or after January 1, 2012, for a nonminor dependent, as defined in subdivision (v) of Section 11400, who is receiving AFDC-FC benefits up to 21 years of age pursuant to Section 11403, in addition to the above requirements, the selection of the placement, including a supervised independent living placement, as described in subdivision (w) of Section 11400, shall also be based upon the developmental needs of young adults by providing opportunities to have incremental responsibilities that prepare a nonminor dependent to transition to independent living. If admission to, or continuation in, a group home placement is being considered for a nonminor dependent, the group home placement approval decision shall include a youth-driven, team-based case planning process, as defined by the department, in consultation with stakeholders. The case plan shall consider the full range of placement options, and shall specify why admission to, or continuation in, a group home placement is the best alternative available at the time to meet the special needs or well-being of the nonminor dependent, and how the placement will contribute to the nonminor dependents transition to independent living. The case plan shall specify the treatment strategies that will be used to prepare the nonminor dependent for discharge to a less restrictive and more familylike setting, including a target date for discharge from the group home placement. The placement shall be reviewed and updated on a regular, periodic basis to ensure that continuation in the group home remains in the best interests of the nonminor dependent and that progress is being made in achieving case plan goals leading to independent living. The group home placement planning process shall begin as soon as it becomes clear to the county welfare department or probation office that a foster child in group home placement is likely to remain in group home placement on his or her 18th birthday, in order to expedite the transition to a less restrictive and more familylike setting if he or she becomes a nonminor dependent. The case planning process shall include informing the youth of all of his or her options, including, but not limited to, admission to or continuation in a group home placement. Consideration for continuation of existing group home placement for a nonminor dependent under 19 years of age may include the need to stay in the same placement in order to complete high school. After a nonminor dependent either completes high school or attains his or her 19th birthday, whichever is earlier, continuation in or admission to a group home is prohibited unless the nonminor dependent satisfies the conditions of paragraph (5) of subdivision (b) of Section 11403, and group home placement functions as a short-term transition to the appropriate system of care. Treatment services provided by the group home placement to the nonminor dependent to alleviate or ameliorate the medical condition, as described in paragraph (5) of subdivision (b) of Section 11403, shall not constitute the sole basis to disqualify a nonminor dependent from the group home placement.
(4)In addition to the requirements of paragraphs (1) to (3), inclusive, and taking into account other statutory considerations regarding placement, the selection of the most appropriate home that will meet the childs special needs and best interests shall also promote educational stability by taking into consideration proximity to the childs school of origin, and school attendance area, the number of school transfers the child has previously experienced, and the childs school matriculation schedule, in addition to other indicators of educational stability that the Legislature hereby encourages the State Department of Social Services and the State Department of Education to develop.
(e)A written case plan shall be completed within a maximum of 60 days of the initial removal of the child or of the in-person response required under subdivision (f) of Section 16501 if the child has not been removed from his or her home, or by the date of the dispositional hearing pursuant to Section 358, whichever occurs first. The case plan shall be updated, as the service needs of the child and family dictate. At a minimum, the case plan shall be updated in conjunction with each status review hearing conducted pursuant to Sections 364, 366, 366.3, and 366.31, and the hearing conducted pursuant to Section 366.26, but no less frequently than once every six months. Each updated case plan shall include a description of the services that have been provided to the child under the plan and an evaluation of the appropriateness and effectiveness of those services.
(1)It is the intent of the Legislature that extending the maximum time available for preparing a written case plan from 30 to 60 days will afford caseworkers time to actively engage families, and to solicit and integrate into the case plan the input of the child and the childs family, as well as the input of relatives and other interested parties.
(2)The extension of the maximum time available for preparing a written case plan from the 30 to 60 days shall be effective 90 days after the date that the department gives counties written notice that necessary changes have been made to the Child Welfare Services Case Management System to account for the 60-day timeframe for preparing a written case plan.
(f)The child welfare services case plan shall be comprehensive enough to meet the juvenile court dependency proceedings requirements pursuant to Article 6 (commencing with Section 300) of Chapter 2 of Part 1 of Division 2.
(g)The case plan shall be developed in collaboration with the child and family team, as follows:
(1)The case plan shall be based upon an assessment of the circumstances that required child welfare services intervention. The child shall be involved in developing the case plan as age and developmentally appropriate.
(2)The case plan shall identify specific goals and the appropriateness of the planned services in meeting those goals.
(3)The case plan shall identify the original allegations of abuse or neglect, as defined in Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the conditions cited as the basis for declaring the child a dependent of the court pursuant to Section 300, or all of these, and the other precipitating incidents that led to child welfare services intervention.
(4)The case plan shall include a description of the schedule of the placement agency contacts with the child and the family or other caretakers. The frequency of these contacts shall be in accordance with regulations adopted by the State Department of Social Services. If the child has been placed in foster care out of state, the county social worker or probation officer, or a social worker or probation officer on the staff of the agency in the state in which the child has been placed, shall visit the child in a foster family home or the home of a relative, consistent with federal law and in accordance with the departments approved state plan. For children in out-of-state group home facilities, visits shall be conducted at least monthly, pursuant to Section 16516.5. At least once every six months, at the time of a regularly scheduled placement agency contact with the foster child, the childs social worker or probation officer shall inform the child of his or her rights as a foster child, as specified in Section 16001.9. The social worker or probation officer shall provide the information to the child in a manner appropriate to the age or developmental level of the child.
(5)(A)When out-of-home services are used, the frequency of contact between the natural parents or legal guardians and the child shall be specified in the case plan. The frequency of those contacts shall reflect overall case goals, and consider other principles outlined in this section.
(B)Information regarding any court-ordered visitation between the child and the natural parents or legal guardians, and the terms and conditions needed to facilitate the visits while protecting the safety of the child, shall be provided to the childs out-of-home caregiver as soon as possible after the court order is made.
(6)When out-of-home placement is made, the case plan shall include provisions for the development and maintenance of sibling relationships as specified in subdivisions (b), (c), and (d) of Section 16002. If appropriate, when siblings who are dependents of the juvenile court are not placed together, the social worker for each child, if different, shall communicate with each of the other social workers and ensure that the childs siblings are informed of significant life events that occur within their extended family. Unless it has been determined that it is inappropriate in a particular case to keep siblings informed of significant life events that occur within the extended family, the social worker shall determine the appropriate means and setting for disclosure of this information to the child commensurate with the childs age and emotional well-being. These significant life events shall include, but shall not be limited to, the following:
(A)The death of an immediate relative.
(B)The birth of a sibling.
(C)Significant changes regarding a dependent child, unless the child objects to the sharing of the information with his or her siblings, including changes in placement, major medical or mental health diagnoses, treatments, or hospitalizations, arrests, and changes in the permanent plan.
(7)If out-of-home placement is made in a foster family home, group home, or other child care institution that is either a substantial distance from the home of the childs parent or out of state, the case plan shall specify the reasons why that placement is in the best interest of the child. When an out-of-state group home placement is recommended or made, the case plan shall, in addition, specify compliance with Section 7911.1 of the Family Code.
(8)Effective January 1, 2010, a case plan shall ensure the educational stability of the child while in foster care and shall include both of the following:
(A)An assurance that the placement takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement.
(B)An assurance that the placement agency has coordinated with the person holding the right to make educational decisions for the child and appropriate local educational agencies to ensure that the child remains in the school in which the child is enrolled at the time of placement or, if remaining in that school is not in the best interests of the child, assurances by the placement agency and the local educational agency to provide immediate and appropriate enrollment in a new school and to provide all of the childs educational records to the new school.
(9)(A)If out-of-home services are used, or if parental rights have been terminated and the case plan is placement for adoption, the case plan shall include a recommendation regarding the appropriateness of unsupervised visitation between the child and any of the childs siblings. This recommendation shall include a statement regarding the childs and the siblings willingness to participate in unsupervised visitation. If the case plan includes a recommendation for unsupervised sibling visitation, the plan shall also note that information necessary to accomplish this visitation has been provided to the child or to the childs siblings.
(B)Information regarding the schedule and frequency of the visits between the child and siblings, as well as any court-ordered terms and conditions needed to facilitate the visits while protecting the safety of the child, shall be provided to the childs out-of-home caregiver as soon as possible after the court order is made.
(10)If out-of-home services are used and the goal is reunification, the case plan shall describe the services to be provided to assist in reunification and the services to be provided concurrently to achieve legal permanency if efforts to reunify fail. The plan shall also consider in-state and out-of-state placements, the importance of developing and maintaining sibling relationships pursuant to Section 16002, and the desire and willingness of the caregiver to provide legal permanency for the child if reunification is unsuccessful.
(11)If out-of-home services are used, the child has been in care for at least 12 months, and the goal is not adoptive placement, the case plan shall include documentation of the compelling reason or reasons why termination of parental rights is not in the childs best interest. A determination completed or updated within the past 12 months by the department when it is acting as an adoption agency or by a licensed adoption agency that it is unlikely that the child will be adopted, or that one of the conditions described in paragraph (1) of subdivision (c) of Section 366.26 applies, shall be deemed a compelling reason.
(12)(A)Parents and legal guardians shall have an opportunity to review the case plan, and to sign it whenever possible, and then shall receive a copy of the plan. In a voluntary service or placement agreement, the parents or legal guardians shall be required to review and sign the case plan. Whenever possible, parents and legal guardians shall participate in the development of the case plan. Commencing January 1, 2012, for nonminor dependents, as defined in subdivision (v) of Section 11400, who are receiving AFDC-FC or CalWORKs assistance up to 21 years of age pursuant to Section 11403, the transitional independent living case plan, as set forth in subdivision (y) of Section 11400, shall be developed with, and signed by, the nonminor.
(B)Parents and legal guardians shall be advised that, pursuant to Section 1228.1 of the Evidence Code, neither their signature on the child welfare services case plan nor their acceptance of any services prescribed in the child welfare services case plan shall constitute an admission of guilt or be used as evidence against the parent or legal guardian in a court of law. However, they shall also be advised that the parents or guardians failure to cooperate, except for good cause, in the provision of services specified in the child welfare services case plan may be used in any hearing held pursuant to Section 366.21, 366.22, or 366.25 as evidence.
(13)A child shall be given a meaningful opportunity to participate in the development of the case plan and state his or her preference for foster care placement. A child who is 12 years of age or older and in a permanent placement shall also be given the opportunity to review the case plan, sign the case plan, and receive a copy of the case plan.
(14)The case plan shall be included in the court report and shall be considered by the court at the initial hearing and each review hearing. Modifications to the case plan made during the period between review hearings need not be approved by the court if the casework supervisor for that case determines that the modifications further the goals of the plan. If out-of-home services are used with the goal of family reunification, the case plan shall consider and describe the application of subdivision (b) of Section 11203.
(15)If the case plan has as its goal for the child a permanent plan of adoption or placement in another permanent home, it shall include a statement of the childs wishes regarding their permanent placement plan and an assessment of those stated wishes. The agency shall also include documentation of the steps the agency is taking to find an adoptive family or other permanent living arrangements for the child; to place the child with an adoptive family, an appropriate and willing relative, a legal guardian, or in another planned permanent living arrangement; and to finalize the adoption or legal guardianship. At a minimum, the documentation shall include child-specific recruitment efforts, such as the use of state, regional, and national adoption exchanges, including electronic exchange systems, when the child has been freed for adoption. If the plan is for kinship guardianship, the case plan shall document how the child meets the kinship guardianship eligibility requirements.
(16)(A)When appropriate, for a child who is 16 years of age or older and, commencing January 1, 2012, for a nonminor dependent, the case plan shall include the transitional independent living plan (TILP), a written description of the programs and services that will help the child, consistent with the childs best interests, to prepare for the transition from foster care to independent living, and, in addition, whether the youth has an in-progress application pending for Title XVI Supplemental Security Income benefits or for Special Immigrant Juvenile Status or other applicable application for legal residency and an active dependency case is required for that application. When appropriate, for a nonminor dependent, the transitional independent living case plan, as described in subdivision (v) of Section 11400, shall include the TILP, a written description of the programs and services that will help the nonminor dependent, consistent with his or her best interests, to prepare for transition from foster care and assist the youth in meeting the eligibility criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) Section 11403. If applicable, the case plan shall describe the individualized supervision provided in the supervised independent living placement as defined in subdivision (w) of Section 11400. The case plan shall be developed with the child or nonminor dependent and individuals identified as important to the child or nonminor dependent, and shall include steps the agency is taking to ensure that the child or nonminor dependent achieves permanence, including maintaining or obtaining permanent connections to caring and committed adults.
(B)During the 90-day period prior to the participant attaining 18 years of age or older as the state may elect under Section 475(8)(B)(iii) of the federal Social Security Act (42 U.S.C. Sec. 675(8)(B)(iii)), whether during that period foster care maintenance payments are being made on the childs behalf or the child is receiving benefits or services under Section 477 of the federal Social Security Act (42 U.S.C. Sec. 677), a caseworker or other appropriate agency staff or probation officer and other representatives of the participant, as appropriate, shall provide the youth or nonminor with assistance and support in developing the written 90-day transition plan, that is personalized at the direction of the child, information as detailed as the participant elects that shall include, but not be limited to, options regarding housing, health insurance, education, local opportunities for mentors and continuing support services, and workforce supports and employment services, a power of attorney for health care, and information regarding the advance health care directive form.
(C)For youth 16 years of age or older, the case plan shall include documentation that a consumer credit report was requested annually from each of the three major credit reporting agencies at no charge to the youth and that any results were provided to the youth. For nonminor dependents, the case plan shall include documentation that the county assisted the nonminor dependent in obtaining his or her reports. The case plan shall include documentation of barriers, if any, to obtaining the credit reports. If the consumer credit report reveals any accounts, the case plan shall detail how the county ensured the youth received assistance with interpreting the credit report and resolving any inaccuracies, including any referrals made for the assistance.
(h)If the court finds, after considering the case plan, that unsupervised sibling visitation is appropriate and has been consented to, the court shall order that the child or the childs siblings, the childs current caregiver, and the childs prospective adoptive parents, if applicable, be provided with information necessary to accomplish this visitation. This section does not require or prohibit the social workers facilitation, transportation, or supervision of visits between the child and his or her siblings.
(i)The case plan documentation on sibling placements required under this section shall not require modification of existing case plan forms until the Child Welfare Services Case Management System is implemented on a statewide basis.
(j)When a child is 10 years of age or older and has been in out-of-home placement for six months or longer, the case plan shall include an identification of individuals, other than the childs siblings, who are important to the child and actions necessary to maintain the childs relationship with those individuals, provided that those relationships are in the best interest of the child. The social worker or probation officer shall ask every child who is 10 years of age or older and who has been in out-of-home placement for six months or longer to identify individuals other than the childs siblings who are important to the child, and may ask any other child to provide that information, or may seek that information from the child and family team, as appropriate. The social worker or probation officer shall make efforts to identify other individuals who are important to the child, consistent with the childs best interests.
(k)The childs caregiver shall be provided a copy of a plan outlining the childs needs and services. The nonminor dependents caregiver shall be provided with a copy of the nonminors TILP.
(l)On or before June 30, 2008, the department, in consultation with the County Welfare Directors Association of California and other advocates, shall develop a comprehensive plan to ensure that 90 percent of foster children are visited by their caseworkers on a monthly basis by October 1, 2011, and that the majority of the visits occur in the residence of the child. The plan shall include any data reporting requirements necessary to comply with the provisions of the federal Child and Family Services Improvement Act of 2006 (Public Law 109-288).
(m)The implementation and operation of the amendments to subdivision (i) enacted at the 200506 Regular Session shall be subject to appropriation through the budget process and by phase, as provided in Section 366.35.
SEC. 92.SEC. 96.Section 16519.5 of the Welfare and Institutions Code is amended to read:16519.5.(a)The State Department of Social Services, in consultation with county child welfare agencies, foster parent associations, and other interested community parties, shall implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, approving relatives and nonrelative extended family members as foster care providers, and approving adoptive families.
(b)(1)Counties shall be selected to participate on a voluntary basis as early implementation counties for the purpose of participating in the initial development of the approval process. Early implementation counties shall be selected according to criteria developed by the department in consultation with the County Welfare Directors Association. In selecting the five early implementation counties, the department shall promote diversity among the participating counties in terms of size and geographic location.
(2)Additional counties may participate in the early implementation of the program upon authorization by the department.
(c)(1)For the purposes of this chapter, resource family means an individual or couple that a participating county or foster family agency determines to have successfully met both the home approval standards and the permanency assessment criteria adopted pursuant to subdivision (d) necessary for providing care for a related or unrelated child who is under the jurisdiction of the juvenile court, or otherwise in the care of a county child welfare agency or probation department. A resource family shall demonstrate all of the following:
(A)An understanding of the safety, permanence, and well-being needs of children who have been victims of child abuse and neglect, and the capacity and willingness to meet those needs, including the need for protection, and the willingness to make use of support resources offered by the agency, or a support structure in place, or both.
(B)An understanding of childrens 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 childs case plan.
(D)The financial ability within the household to ensure the stability and financial security of the family.
(E)An ability and willingness to maintain the least restrictive and most familylike environment that serves the needs of the child.
(2)Subsequent to meeting the criteria set forth in this subdivision and designation as a resource family, a resource family shall be considered eligible to provide foster care for related and unrelated children in out-of-home placement, shall be considered approved for adoption or guardianship, and shall not have to undergo any additional approval or licensure as long as the family lives in a county participating in the program.
(3)Resource family assessment and approval means that the applicant meets the standard for home approval, and has successfully completed a permanency assessment. This approval is in lieu of the existing foster care license, relative or nonrelative extended family member approval, and the adoption home study approval.
(4)Approval of a resource family does not guarantee an initial or continued placement of a child with a resource family.
(d)Prior to implementation of this program, the department shall adopt standards pertaining to home approval and permanency assessment of a resource family.
(1)Resource family home approval standards shall include, but not be limited to, all of the following:
(A)(i)Criminal records clearance of all adults residing in 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), a check of the Child Welfare Services/Case Management System (CWS/CMS), and receipt of a fingerprint-based state and federal criminal offender record information search response. The criminal history information shall include subsequent state and federal arrest and disposition notifications pursuant to Section 11105.2 of the Penal Code.
(ii)Consideration of any substantiated allegations of child abuse or neglect against either the applicant or any other adult residing in the home. An approval may not be granted to applicants whose criminal record indicates a conviction for any of the offenses specified in subdivision (g) of Section 1522 of the Health and Safety Code.
(iii)Exemptions 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, except for the civil penalty language, the criminal background check provisions specified in subdivisions (d) through (f) of Section 1522 of the Health and Safety Code shall apply. Exemptions from the criminal records clearance requirements set forth in this section may be granted by the director or the early implementation county, if that county has been granted permission by the director to issue criminal records exemptions pursuant to Section 361.4, using the exemption criteria currently used for foster care licensing as specified in subdivision (g) of Section 1522 of the Health and Safety Code.
(B)Buildings and grounds and storage requirements set forth in Sections 89387 and 89387.2 of Title 22 of the California Code of Regulations.
(C)In addition to the foregoing requirements, the resource family home approval standards shall also require the following:
(i)That the applicant demonstrate an understanding about the rights of children in care and his or her responsibility to safeguard those rights.
(ii)That the total number of children residing in the home of a resource family shall be no more than the total number of children the resource family can properly care for, regardless of status, and shall not exceed six children, unless exceptional circumstances that are documented in the foster childs case file exist to permit a resource family to care for more children, including, but not limited to, the need to place siblings together.
(iii)That the applicant understands his or her responsibilities with respect to acting as a reasonable and prudent parent, and maintaining the least restrictive and most familylike environment that serves the needs of the child.
(D)The results of a caregiver risk assessment are consistent with the factors listed in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (c). A caregiver risk assessment shall include, but not be limited to, physical and mental health, alcohol and other substance use and abuse, and family and domestic violence.
(2)The resource family permanency assessment standards shall include, but not be limited to, all of the following:
(A)The applicant shall complete caregiver training.
(B)The applicant shall complete a psychosocial evaluation. assessment.
(C)The applicant shall complete any other activities that relate to a resource familys ability to achieve permanency with the child.
(e)(1)A child may be placed with a resource family that has received home approval prior to completion of a permanency assessment only if a compelling reason for the placement exists based on the needs of the child.
(2)The permanency assessment shall be completed within 90 days of the childs placement in the approved home, unless good cause exists based upon the needs of the child.
(3)If additional time is needed to complete the permanency assessment, the county shall document the extenuating circumstances for the delay and generate a timeframe for the completion of the permanency assessment.
(4)The county shall report to the department on a quarterly basis the number of families with a child in an approved home whose permanency assessment goes beyond 90 days and summarize the reasons for these delays.
(5)A child may be placed with a relative, as defined in Section 319, or nonrelative extended family member, as defined in Section 362.7, prior to home approval and completion of the permanency assessment only on an emergency basis if all of the following requirements are met:
(A)Consideration of the results of a criminal records check conducted pursuant to Section 16504.5 of the relative or nonrelative extended family member and of every other adult in the home.
(B)Consideration of the results of the Child Abuse Central Index (CACI) consistent with Section 1522.1 of the Health and Safety Code of the relative or nonrelative extended family member, and of every other adult in the home.
(C)The home and grounds are free of conditions that pose undue risk to the health and safety of the child.
(D)For any placement made pursuant to this paragraph, the county shall initiate the home approval process no later than five business days after the placement, which shall include a face-to-face interview with the resource family applicant and child.
(E)For any placement made pursuant to this paragraph, AFDC-FC funding shall not be available until the home has been approved.
(F)Any child placed under this section shall be afforded all the rights set forth in Section 16001.9.
(f)The State Department of Social Services shall be responsible for all of the following:
(1)Selecting early implementation counties, based on criteria established by the department in consultation with the County Welfare Directors Association.
(2)Establishing timeframes for participating counties to submit an implementation plan, enter into terms and conditions for participation in the program, train appropriate staff, and accept applications from resource families.
(3)Entering into terms and conditions for participation in the program by counties.
(4)Administering the early implementation of the program through the issuance of written directives that shall have the same force and effect as regulations. Any directive affecting Article 1 (commencing with Section 700) of Chapter 7 of Title 11 of the California Code of Regulations shall be approved by the Department of Justice. The directives shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340)) of Part 1 of Division 3 of Title 2 of the Government Code.
(5)Approving and requiring the use of a single standard for resource family home approval and permanency assessment.
(6)Adopting and requiring the use of standardized documentation for the home approval and permanency assessment of resource families.
(7)Requiring counties to monitor resource families including, but not limited to, all of the following:
(A)Investigating complaints of resource families.
(B)Developing and monitoring resource family corrective action plans to correct identified deficiencies and to rescind resource family approval if compliance with corrective action plans is not achieved.
(8)Ongoing oversight and monitoring of county systems and operations including all of the following:
(A)Reviewing the countys implementation of the program.
(B)Reviewing an adequate number of approved resource families in each participating county to ensure that approval standards are being properly applied. The review shall include case file documentation, and may include onsite inspection of individual resource families. The review shall occur on an annual basis, and more frequently if the department becomes aware that a participating county is experiencing a disproportionate number of complaints against individual resource family homes.
(C)Reviewing county reports of serious complaints and incidents involving approved resource families, as determined necessary by the department. The department may conduct an independent review of the complaint or incident and change the findings depending on the results of its investigation.
(D)Investigating unresolved complaints against participating counties.
(E)Requiring corrective action of counties that are not in full compliance with the terms and conditions of the program.
(9)Preparing or having prepared, and submitting to the Legislature, a report on the results of the initial phase of implementation of the program. The report shall include all of the following:
(A)An analysis, utilizing available data, of state and federal data indicators related to the length of time to permanency including reunification, guardianship and adoption, child safety factors, and placement stability.
(B)An analysis of resource family recruitment and retention elements, including resource family satisfaction with approval processes and changes regarding the population of available resource families.
(C)An analysis of cost, utilizing available data, including funding sources.
(D)An analysis of regulatory or statutory barriers to implementing the program on a statewide basis.
(9)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.
(10)Implementing due process procedures, including all of the following:
(A)Providing a statewide fair hearing process for denials, rescissions, or exclusion actions.
(B)Amending applicable state hearing procedures and regulations.
(C)Use of the Administrative Procedure Act, as necessary for the administration of the program.
(g)Counties participating in the program shall be responsible for all of the following:
(1)Submitting an implementation plan, entering into terms and conditions for participation in the program, consulting with the county probation department in the development of the implementation plan, training appropriate staff, and accepting applications from resource families within the timeframes established by the department.
(2)Complying with the written directives pursuant to paragraph (4) of subdivision (f).
(3)Implementing the requirements for resource family home approval and permanency assessment and utilizing standardized documentation established by the department.
(4)(A)Ensuring staff have the education and experience necessary to complete the home approval and permanency assessment competently.
(B)A county may contract with a licensed adoption agency to complete the permanency assessment. A permanency assessment completed by a licensed adoption agency shall be reviewed and approved by the county.
(5)Approving and denying resource family applications, rescinding home approval, or related actions, including all of the following:
(A)Rescinding home approvals and resource family approvals where approvals, excluding a resource family parent or other individual from presence in a resource family home, or from being a member of the board of directors, an executive director, or an officer of a licensee, or prohibiting a licensee from employing the resource family parent or other individual, if appropriate, consistent with the established standard.
(B)Providing an applicant and disapproved resource family a resource family parent, applicant, or excluded individual requesting review of that decision with due process pursuant to the departments regulations. statues, regulations, and written directives.
(C)Notifying the department of any decisions denying a resource familys application or rescinding the approval of a resource family. family, excluding an individual, or taking other administrative action.
(D)Issuing a temporary suspension order that suspends the resource family approval prior to a hearing, when urgent action is needed to protect a child or nonminor dependent who is or may be placed in the home from physical or mental abuse, abandonment, or any other substantial threat to health or safety.
(6)Updating resource family approval annually.
(7)Monitoring resource families through all of the following:
(A)Ensuring that social workers who identify a condition in the home that may not meet the approval standards set forth in subdivision (d) while in the course of a routine visit to children placed with a resource family take appropriate action as needed.
(B)Requiring resource families to comply with corrective action plans as necessary to correct identified deficiencies. If corrective action is not completed as specified in the plan, the county may rescind the resource family approval.
(C)Requiring resource families to report to the county child welfare agency any incidents consistent with the reporting requirements for licensed foster family homes.
(8)Investigating all complaints against a resource family and taking action as necessary. This shall include investigating any incidents reported about a resource family indicating that the approval standard is not being maintained.
(A)The childs social worker shall not conduct the formal investigation into the complaint received concerning a family providing services under the standards required by subdivision (d). To the extent that adequate resources are available, complaints shall be investigated by a worker who did not initially perform the home approval or permanency assessment.
(B)Upon conclusion of the complaint investigation, the final disposition shall be reviewed and approved by a supervising staff member.
(C)The department shall be notified of any serious incidents or serious complaints or any incident that falls within the definition of Section 11165.5 of the Penal Code. If those incidents or complaints result in an investigation, the department shall also be notified as to the status and disposition of that investigation.
(9)Performing corrective action as required by the department.
(10)Assessing county performance in related areas of the California Child and Family Services Review System, and remedying problems identified.
(11)Submitting information and data that the department determines is necessary to study, monitor, and prepare the report specified in paragraph (9) of subdivision (f).
(12)Ensuring that resource families have the necessary knowledge, skills, and abilities to support children in foster care by completing caregiver training. The training should include a curriculum that supports the role of a resource family in parenting vulnerable children and should be ongoing in order to provide resource families with information on trauma-informed practices and changes requirements and other topics within the foster care system.
(13)Ensuring that a resource family applicant completes a minimum number of training hours which shall include a minimum of 12 hours of preapproval training. The preapproval training shall include, but not be limited to, all of the following training courses:
(A)An overview of the child protective system. and probation systems.
(B)The effects of trauma, including grief and loss, and child abuse and neglect neglect, on child development. 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, including the administration of psychotropic and other medications. including, but not limited to, the authorization, uses, risks, benefits, assistance with self-administration, oversight, and monitoring of psychotropic and other medications, and trauma, behavioral health, and other available behavioral health treatments, for children receiving child welfare services, including how to access those treatments.
(E)Accessing education and health services available to foster children.
(F)The rights of a child in foster care, and the resource familys responsibility to safeguard those rights, including the right to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(G)Cultural needs of children, including instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(H)Basic instruction on existing laws and procedures regarding the safety of foster youth at school; and ensuring a harassment and violence free school environment pursuant to Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(I)Permanence and well-being needs of children.
(J)Child and adolescent development.
(K)The role of foster parents, resource families, including working cooperatively with the child welfare or probation agency, the childs 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 familys responsibility to act as a reasonable and prudent parent; and to maintain the least restrictive, most family-like environment that serves the needs of the child.
(N)Preparation of children for a successful transition to adulthood.
(O)Understanding the federal Indian Child Welfare Act, its historical significance, the rights of children covered by the act, and the best interests of those 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.
(14)Ensuring approved resource families complete a minimum of eight training hours annually. The annual training shall include, but not be limited to, all of the following training courses:
(A)Age-appropriate child development.
(B)Health issues in foster care, including the administration of psychotropic and other medications. including, but not limited to, the authorization, uses, risks, benefits, assistance with self-administration, oversight, and monitoring of psychotropic and other medications, and trauma, behavioral health, and other available behavioral health treatments, for children receiving child welfare services, including how to access those treatments.
(C)Positive discipline and the importance of self-esteem.
(D)Emancipation and independent living skills if a resource family is caring for youth.
(D)Preparation of children for a successful transition to adulthood.
(E)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(F)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(h)In addition to any training required by this section, a resource family may be required to receive specialized training, as relevant, 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 using medications.
(4)Understanding the federal Indian Child Welfare Act, its historical significance, the rights of children covered by the act, and the best interests of those 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 medically fragile children.
(h)
(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.
(i)
(j)(1)Approved relatives and nonrelative extended family members, licensed foster family homes, or approved adoptive homes that have completed the license or approval process prior to full implementation of the program shall not be considered part of the program. The otherwise applicable assessment and oversight processes shall continue to be administered for families and facilities not included in the program.
(2) Upon implementation of the program in a county, that county may not accept new applications for the licensure of foster family homes, the approval of relative and nonrelative extended family members, or the approval of prospective adoptive homes.
(j)
(k)The department may waive regulations that pose a barrier to implementation and operation of this program. The waiver of any regulations by the department pursuant to this section shall apply to only those counties or foster family agencies participating in the program and only for the duration of the program.
(k)
(l)Resource families approved under initial implementation of the program, who move within an early implementation county or who move to another early implementation county, shall retain their resource family status if the new building and grounds, outdoor activity areas, and storage areas meet home approval standards. The State Department of Social Services or early implementation county may allow a program-affiliated individual to transfer his or her subsequent arrest notification if the individual moves from one early implementation county to another early implementation county, as specified in subdivision (h) of Section 1522 of the Health and Safety Code.
(l)
(m)(1)The approval of a resource family who moves to a nonparticipating county remains in full force and effect pending a determination by the county approval agency or the department, as appropriate, whether the new building and grounds and storage areas meet applicable standards, and whether all adults residing in the home have a criminal records clearance or exemptions granted, using the exemption criteria used for foster care licensing, as specified in subdivision (g) of Section 1522 of the Health and Safety Code. Upon this determination, the nonparticipating county shall either approve the family as a relative or nonrelative extended family member, as applicable, or the department shall license the family as a foster family home.
(2)Subject to the requirements in paragraph (1), the family shall continue to be approved for guardianship and adoption. Nothing in this subdivision shall limit a county or adoption agency from determining that the family is not approved for guardianship or adoption based on changes in the familys circumstances or permanency assessment.
(3)A program-affiliated individual who moves to a nonparticipating county may not transfer his or her subsequent arrest notification from a participating county to the nonparticipating county.
(m)
(n)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.
(n)
(o)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 (r) and (s), (s) and (t), 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.
(o)
(p)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.
(p)Approved
(q)Except as provided, approved resource families under this program shall be exempt from all of the following:
(1)Licensure requirements set forth under the Community Care Facilities Act, commencing with Section 1500 of the Health and Safety Code, and all regulations promulgated thereto.
(2)Relative and nonrelative extended family member approval requirements set forth under Sections 309, 361.4, and 362.7, and all regulations promulgated thereto.
(3)Adoptions approval and reporting requirements set forth under Section 8712 of the Family Code, and all regulations promulgated thereto.
(q)
(r)Early implementation counties shall be authorized to continue through the end of the 201617 fiscal year, or through the end of the third full fiscal year following the date that counties commence implementation, whichever of these dates is later. The program is authorized in all counties effective July 1, 2017. December 31, 2016. The program shall be implemented by each county on or before July 1, 2019. January 1, 2017.
(r)Notwithstanding any other law, on and after July 1, 2017, a licensed foster family agency shall require a certified family home applicant
(s)On and after January 1, 2017, all licensed foster family agencies shall approve resource families in lieu of certifying foster homes. A foster family agency shall require its applicants and resource families to meet the resource family approval standards and requirements set forth in this chapter and in the written directives adopted pursuant to paragraph (4) of subdivision (f), prior to approval. pursuant to this chapter prior to approval and in order to maintain approval.
(s)No later than July 1, 2017,
(t)Commencing January 1, 2016, the department may establish participation conditions, and select and authorize a foster family agency that voluntarily submits an implementation plan and revised plan 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)Except for subdivision (g), a participating foster family agency shall comply with the resource family approval standards set forth in this chapter and in the written directives issued pursuant to paragraph (4) of subdivision (f).
(2)Notwithstanding any other law, the department shall enforce the resource family approval standards and requirements set forth in this chapter and in the written directives issued pursuant to paragraph (4) of subdivision (f) against a participating foster family agency. In the event of any conflict with the Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code), this section shall be controlling. This subdivision does not impose any new responsibilities upon the counties as described in subdivision (g).
(3)Nothing in this subdivision shall limit the departments authority to take administrative action against a foster family agency or a certified family home of a foster family agency. For purposes of Article 5 of Chapter 3 of Division 2 of the Health and Safety Code, a certified family home includes a resource family approved by a foster family agency pursuant to this subdivision.
(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.
SEC. 93.SEC. 97.Section 16519.52 is added to the Welfare and Institutions Code, to read:16519.52.(a)A resource family may install and use delayed egress devices of the time delay type in the home of the resource family.
(b)As used in this section, delayed egress device means a device that precludes the use of exits for a predetermined period of time. These devices shall not delay any residents departure from the home for longer than 30 seconds.
(c)Within the 30 seconds of delay, a resource family may attempt to redirect a resident who attempts to leave the home.
(d)Any person accepted by a resource family using delayed egress devices in the home shall meet all of the following conditions:
(1)The person shall have a developmental disability, as defined in Section 4512.
(2)The person shall be receiving services and case management from a regional center under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)).
(3)An interdisciplinary team, through the Individual Program Plan (IPP) process pursuant to Section 4646.5, shall have determined that the person lacks hazard awareness or impulse control and requires the level of supervision afforded by a resource family in a home equipped with delayed egress devices, and that, but for this placement, the person would be at risk of admission to, or would have no option but to remain in, a more restrictive state hospital or state developmental center placement.
(e)The home shall be subject to all fire and building codes, regulations, and standards applicable to residential care facilities for the elderly utilizing delayed egress devices, and shall receive approval by the county or city fire department, the local fire prevention district, or the State Fire Marshal for the installed delayed egress devices.
(f)The resource family shall provide training regarding the use and operation of the egress control devices used by any person caring for a resident, protection of residents personal rights, lack of hazard awareness and impulse control behavior, and emergency evacuation procedures.
(g)The resource family shall develop a plan of operation that is authorized by the approving county and includes a description of how the home is to be equipped with egress control devices that are consistent with regulations adopted by the State Fire Marshal pursuant to Section 13143 of the Health and Safety Code.
(h)The plan shall include, but shall not be limited to, all of the following:
(1)A description of how the resource family will provide training for persons caring for a resident regarding the use and operation of the egress control devices used in the home.
(2)A description of how the resource family will ensure the protection of the residents personal rights consistent with Sections 4502, 4503, and 4504.
(3)A description of how the resource family will manage the persons lack of hazard awareness and impulse control behavior.
(4)A description of the resource familys emergency evacuation procedures.
(i)Delayed egress devices shall not substitute for adequate supervision. The capacity of the home shall not exceed six residents.
(j)Emergency fire and earthquake drills shall be conducted at least once every three months, and shall include all persons providing resident care and supervision.
SEC. 94.SEC. 98.Section 16519.53 is added to the Welfare and Institutions Code, to read:16519.53.(a)A resource family shall be authorized to administer emergency medical assistance and injections for severe diabetic hypoglycemia and anaphylactic shock to a foster child in placement in accordance with subdivision (a) of Section 1507.25 of the Health and Safety Code.
(b)A resource family shall be authorized to administer subcutaneous injections of other medications, including insulin, as prescribed by a childs physician, to a foster child in placement in accordance with subdivision (b) of Section 1507.25 of the Health and Safety Code.
SEC. 95.SEC. 99.Section 16519.54 is added to the Welfare and Institutions Code, to read:16519.54.Notwithstanding any other law, a resource family shall not be subject to civil penalties imposed pursuant to the Community Care Facilities Care Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code).
SEC. 96.SEC. 100.Section 16519.55 is added to the Welfare and Institutions Code, to read:16519.55.(a)Subject to subdivision (b), to encourage the recruitment of resource families, to protect their personal privacy, and to preserve the security of confidentiality of the placements with resource families, the names, addresses, and other identifying information of resource families shall be considered personal information for purposes of the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). This information shall not be disclosed by any state or local agency pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), except as necessary for administering the resource family approval program, facilitating the placement of children with resource families, and providing names and addresses only to bona fide professional foster parent organizations upon request.
(b)The department, a county, or a foster family agency may request information from, or divulge information to, the department, a county, or a foster family agency, regarding a prospective resource family for the purpose of and as necessary to conduct a reference check to determine whether it is safe and appropriate to approve an applicant to be a resource family.
SEC. 101.Section 16519.6 is added to the Welfare and Institutions Code, to read:16519.6.(a)All hearings conducted pursuant to Section 16519.5 shall be conducted in accordance with the requirements of this section.
(b)The procedures set forth in Chapter 7 (commencing with Section 10950) of Part 2 apply to matters set before the State Hearings Division, except as otherwise provided in this section.
(c)The procedures for conducting a hearing for a matter governed by Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, and the procedures set forth in the Administrative Procedure Act apply, except as otherwise provided in this section.
(d)Notwithstanding Section 10951, a resource family, applicant, or excluded individual may file an appeal within 25 days of service of a notice of action. Pursuant to Section 1013 of the Code of Civil Procedure, if the notice of action is served by mail, the time to respond shall be extended five days, not to exceed 30 days to file the appeal.
(e)Notwithstanding Section 10951, a countys action shall be final, or for matters set before the division or office designated to conduct state hearings, an action shall be subject to dismissal, if the resource family, applicant, or excluded individual does not file an appeal to the notice of action within the prescribed time.
(f)Except as provided in subdivisions (g) and (h), and notwithstanding Section 10952, a hearing under this section shall be held within 90 days following the receipt of a timely appeal or notice of defense, unless a continuance of the hearing is granted for good cause.
(g)If the county or department has issued an immediate exclusion order, the timelines and provisions set forth in Section 1558 of the Health and Safety Code shall apply, unless a continuance of the hearing is granted for good cause.
(h)If the county or department has issued a temporary suspension order, the hearing shall be held within 30 days following the receipt of a timely appeal or notice of defense. The temporary suspension order shall remain in effect until the time the hearing is completed and the director has made a final determination on the merits. However, the temporary suspension order shall be deemed vacated if the director fails to make a final determination on the merits within 30 days after receipt of the proposed decision by the county or department.
(i)Upon a finding of noncompliance, the department may require a foster family agency to deny or rescind the approval of a home, or take other action deemed necessary for the protection of a child who is or who may be placed in the home. The resource family, applicant, or excluded individual shall be afforded the due process provided pursuant to this section.
(1)If the department requires a foster family agency to deny or rescind the approval, the department shall serve an order of denial or rescission notifying the resource family, applicant, and foster family agency of the basis of the departments action and of the right to a hearing.
(2)The departments order of the denial or rescission of the approval shall remain in effect until the hearing is completed and the director has made a final determination on the merits.
(3)A foster family agencys failure to comply with the departments order to deny or rescind the approval by placing or retaining a child in care shall be grounds for disciplining the foster family agency pursuant to Section 1550 of the Health and Safety Code.
(j)A resource family, applicant, or excluded individual who files an appeal to a notice of action pursuant to this section shall, as part of the appeal, provide his or her current mailing address. The resource family, applicant, or excluded individual shall subsequently notify the county, or department if applicable, in writing of any change in mailing address, until the hearing process has been completed or terminated.
(k)Service by mail of a notice or other writing on a resource family, applicant, or excluded individual in a procedure provided herein is effective if served to the last mailing address on file with the county or department. Service of a notice of action may be by personal service or by first class mail. If the last day for performance of any action required herein falls on a holiday, then such period shall be extended to the next day which is not a holiday.
(l)In all proceedings conducted in accordance with this section the burden of proof shall be by a preponderance of the evidence.
(m)The county or department may institute or continue an administrative proceeding against a resource family, applicant, or excluded individual upon any ground provided by this section, enter an order denying or rescinding the approval, exclude an associated individual, issue a temporary suspension order, or otherwise take disciplinary action against a resource family, applicant, or excluded individual, notwithstanding any resignation, withdrawal, surrender of approval, or denial or rescission of the approval by a foster family agency.
SEC. 97.SEC. 102.Section 18251 of the Welfare and Institutions Code is amended to read:18251.As used in this chapter:
(a)County means each county participating in an individualized or wraparound services program.
(b)County placing agency means a county welfare or probation department, or a county mental health department.
(c)Eligible child means a child or nonminor dependent, as described in subdivision (v) of Section 11400, who is any of the following:
(1)A child or nonminor dependent who has been adjudicated as either a dependent, transition dependent, or ward of the juvenile court pursuant to Section 300, 450, 601, or 602 and who would be placed in a group home licensed by the department at a rate classification level of 10 or higher, or commencing January 1, 2017, would be placed in a short-term residential treatment center.
(2)A child or nonminor dependent who is currently, or who would be, placed in a group home licensed by the department at a rate classification level of 10 or higher, or commencing January 1, 2017, would be placed in a short-term residential treatment center.
(3)A child who is eligible for adoption assistance program benefits when the responsible public agency has approved the provision of wraparound services in lieu of out-of-home placement care at a rate classification level of 10 or higher, or commencing January 1, 2017, would be placed in a short-term residential treatment center.
(d)Wraparound services means community-based intervention services that emphasize the strengths of the child and family and includes the delivery of coordinated, highly individualized unconditional services to address needs and achieve positive outcomes in their lives.
(e)Service allocation slot means a specified amount of funds available to the county to pay for an individualized intensive wraparound services package for an eligible child. A service allocation slot may be used for more than one child on a successive basis.
SEC. 98.SEC. 103.Section 18254 of the Welfare and Institutions Code is amended to read:18254.(a)Rates for wraparound services, under the wraparound services program, shall be based on the following factors:
(1)The average cost of rate classification 10 to 11 in each county, minus the cost of any concurrent out-of-home placement, for children who are or would be placed in a rate level 10 or 11 group home.
(2)The average cost of rate classification 12 to 14 in each county, minus the cost of any concurrent out-of-home placement, for children who are or would be placed in a rate level 12 to 14 group home.
(b)(1)Prior to the 201112 fiscal year, the department shall reimburse each county, for the purpose of providing intensive wraparound services, up to 100 percent of the state share of nonfederal funds, to be matched by each countys share of cost as established by law, and to the extent permitted by federal law, up to 100 percent of the federal funds allocated for group home placements of eligible children, at the rate authorized pursuant to subdivision (a).
(2)Beginning in the 201112 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
(c)County, and to the extent permitted by federal law, federal, foster care funds shall remain with the administrative authority of the county, which may enter into an interagency agreement to transfer those funds, and shall be used to provide intensive wraparound services.
(d)Costs for the provision of benefits to eligible children, at rates authorized by subdivision (a), through the wraparound services program authorized by this chapter, shall not exceed the costs which would otherwise have been incurred had the eligible children been placed in a group home.
(e)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 99.SEC. 104.Section 18254 is added to the Welfare and Institutions Code, to read:18254.(a)Commencing January 1, 2017, the rate for wraparound services, under the wraparound services program, shall be eight thousand five hundred seventy-three dollars ($8,573), based on the average cost of rate classification levels 10.5 and 13 in effect for the 201415 fiscal year.
(1)The rate was determined by using the existing rates determined for the 201415 fiscal year for rate classification levels 10.5 and 13.
(A)Combining and calculating the average of the two.
(B)Minus the cost of any concurrent out-of-home placement for children who are or would be placed in a rate classification level 10 to 11 and 12 to 14 group home, respectively.
(b)For each fiscal year, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
(c)County and federal foster care funds, to the extent permitted by federal law, shall remain with the administrative authority of the county, which may enter into an interagency agreement to transfer those funds, and shall be used to provide intensive wraparound services.
(d)Costs for the provision of benefits to eligible children, at rates authorized by subdivision (a), through the wraparound services program authorized by this chapter, shall not exceed the costs that otherwise would have been incurred had the eligible children been placed in a short-term residential treatment center.
(e)Commencing January 1, 2018, and each January 1 thereafter, an annual cost-of-living increase shall be applied to the wraparound rate, subject to the availability of county funds, equal to the California Necessities Index used in the preparation of the May Revision for the current fiscal year.
SEC. 100.SEC. 105.Notwithstanding the provisions of this act, on and after January 1, 2017, facilities with licensed capacity greater than of 184 that were in operation prior to January 1, 2015, that offer placements for the purpose of attending an onsite high school, may continue to operate under an appropriate licensing category determined by the State Department of Social Services as long as those facilities submit to the department a transition plan describing how the program will comply with the provisions of this act, pursuant to a timeframe to be determined with the department.
SEC. 101.SEC. 106.(a)The State Department of Social Services and the State Department of Health Care Services shall adopt regulations as required to implement the provisions of this act.
(b)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the departments identified in subdivision (a) may implement and administer the changes made by this legislation through all-county letters or similar written instructions until regulations are adopted.
SEC. 107.The State Department of Social Services shall provide periodic progress updates to the Legislature on the implementation of this act.
SEC. 102.SEC. 108.The State Department of Social Services shall work with counties that operate shelters, probation agencies, homeless shelter providers, residential education providers, and others to identify jointly developed alternative timeframes or criteria to be met in order to address the unique circumstances and needs of the populations they serve, while remaining consistent with the principles of this act.
SEC. 103.SEC. 109.The Legislature finds and declares that this act, which adds Section 16519.55 to the Welfare and Institutions Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to encourage the recruitment of resource families, to protect their personal privacy, and to preserve the security of confidentiality of the placements with resource families, it is necessary that the names, addresses, and other identifying information of resource families not be disclosed by any state or local agency pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), except as necessary for administering the resource family approval program, facilitating the placement of children with resource families, and providing names and addresses only to bona fide professional foster parent organizations upon request.
SEC. 104.SEC. 110.Except as required by Section 36 of Article XIII of the California Constitution, no reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs because, in that regard, this act implements a federal law or regulation and results in costs mandated by the federal government, within the meaning of Section 17556 of the Government Code.
No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
With regard to other costs, to the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state nor otherwise be subject to Section 6 of Article XIII B of the California Constitution.
It is the intent of the Legislature in adopting this act to improve Californias child welfare system and its outcomes by using comprehensive initial child assessments, increasing the use of home-based family care and the provision of services and supports to home-based family care, reducing the use of congregate care placement settings, and creating faster paths to permanency resulting in shorter durations of involvement in the child welfare and juvenile justice systems. These changes, along with other provisions in this act, require initial investments in the child welfare system. When implemented, the act will reduce overall costs to local agencies and allow local savings to be reinvested in child welfare. The Legislature therefore intends that funding beginning with the 201516 fiscal year for the initial implementation of this act be short term. Because the act will result in overall fiscal savings to local agencies, the act shall not have the overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Public Safety Realignment. The act therefore will not require the state to provide annual funding described in Section 36 of Article XIII of the California Constitution after the state provides short-term funding for local agencies initial implementation of the act.
SEC. 2.Section 7911 of the Family Code is amended to read:7911.The Legislature finds and declares all of the following:
(a)The health and safety of California children placed by a county social services agency or probation department out of state pursuant to the provisions of the Interstate Compact on the Placement of Children are a matter of statewide concern.
(b)The Legislature therefore affirms its intention that the State Department of Social Services has full authority to require an assessment and placement recommendation by a county multidisciplinary team prior to placement of a child in an out-of-state group home, to investigate allegations of child abuse or neglect of minors so placed, and to ensure that out-of-state group homes, accepting California children, meet all California group home licensing standards.
(c)The Legislature also affirms its intention that, on and after January 1, 2017, the licensing standards applicable to out-of-state group homes certified by the department shall be those required of short-term residential treatment centers operated in this state.
(d)This section is declaratory of existing law with respect to the Governors designation of the State Department of Social Services to act as the compact administrator and of that department to act as the single state agency charged with supervision of public social services under Section 10600 of the Welfare and Institutions Code.
SEC. 3.Section 7911.1 of the Family Code is amended to read:7911.1.(a)Notwithstanding any other law, the State Department of Social Services or its designee shall investigate any threat to the health and safety of children placed by a California county social services agency or probation department in an out-of-state group home pursuant to the provisions of the Interstate Compact on the Placement of Children. This authority shall include the authority to interview children or staff in private or review their file at the out-of-state facility or wherever the child or files may be at the time of the investigation. Notwithstanding any other law, the State Department of Social Services or its designee shall require certified out-of-state group homes to comply with the reporting requirements applicable to group homes licensed in California pursuant to Title 22 of the California Code of Regulations for each child in care regardless of whether he or she is a California placement, by submitting a copy of the required reports to the Compact Administrator within regulatory timeframes. The Compact Administrator within one business day of receiving a serious events report shall verbally notify the appropriate placement agencies and within five working days of receiving a written report from the out-of-state group home, forward a copy of the written report to the appropriate placement agencies.
(b)Any contract, memorandum of understanding, or agreement entered into pursuant to paragraph (b) of Article 5 of the Interstate Compact on the Placement of Children regarding the placement of a child out of state by a California county social services agency or probation department shall include the language set forth in subdivision (a).
(c)(1)The State Department of Social Services or its designee shall perform initial and continuing inspection of out-of-state group homes in order to either certify that the out-of-state group home meets all licensure standards required of group homes operated in California or that the department has granted a waiver to a specific licensing standard upon a finding that there exists no adverse impact to health and safety.
(2)On and after January 1, 2017, the licensing standards applicable to out-of-state group homes certified by the department, as described in paragraph (1) shall be those required of short-term residential treatment centers operated in this state.
(3)(A)Except as provided in subparagraph (B), on and after January 1, 2017, an out-of-state group home program shall have both of the following credentials in order to receive an AFDC-FC rate:
(i)An 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 of the Welfare and Institutions Code.
(ii)A mental health certification equivalent to that required in Section 11462.01 of the Welfare and Institutions Code.
(B)If an out-of-state group home program is granted an extension pursuant to the exception process described in subdivision (d) of Section 11462.04 of the Welfare and Institutions Code, this paragraph shall apply to that group home on and after January 1, 2018.
(4)Any failure by an out-of-state group home facility to make children or staff available as required by subdivision (a) for a private interview or make files available for review shall be grounds to deny or discontinue the certification. The State Department of Social Services shall grant or deny an initial certification or a waiver under this subdivision to an out-of-state group home facility that has more than six California children placed by a county social services agency or probation department by August 19, 1999. The department shall grant or deny an initial certification or a waiver under this subdivision to an out-of-state group home facility that has six or fewer California children placed by a county social services agency or probation department by February 19, 2000. Certifications made pursuant to this subdivision shall be reviewed annually.
(d)Within six months of the effective date of this section, a county shall be required to obtain an assessment and placement recommendation by a county multidisciplinary team for each child in an out-of-state group home facility. On or after March 1, 1999, a county shall be required to obtain an assessment and placement recommendation by a county multidisciplinary team prior to placement of a child in an out-of-state group home facility.
(e)Any failure by an out-of-state group home to obtain or maintain its certification as required by subdivision (c) shall preclude the use of any public funds, whether county, state, or federal, in the payment for the placement of any child in that out-of-state group home, pursuant to the Interstate Compact on the Placement of Children.
(f)(1)A multidisciplinary team shall consist of participating members from county social services, county mental health, county probation, county superintendents of schools, and other members as determined by the county.
(2)Participants shall have knowledge or experience in the prevention, identification, and treatment of child abuse and neglect cases, and shall be qualified to recommend a broad range of services related to child abuse or neglect.
(g)(1)The department may deny, suspend, or discontinue the certification of the out-of-state group home if the department makes a finding that the group home is not operating in compliance with the requirements of subdivision (c).
(2)Any judicial proceeding to contest the departments 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 departments certification under this section.
SEC. 4.Section 7912 of the Family Code is amended to read:7912.(a)The Legislature finds and declares that the health and safety of children in out-of-state group home care pursuant to the Interstate Compact on the Placement of Children is a matter of statewide concern. The Legislature therefore affirms its intention that children placed by a county social services agency or probation department in out-of-state group homes be accorded the same personal rights and safeguards of a child placed in a California group home. This section is in clarification of existing law.
(b)(1)The Compact Administrator may temporarily suspend any new placements in an out-of-state group home, for a period not to exceed 100 days, pending the completion of an investigation, pursuant to subdivision (a) of Section 7911.1, regarding a threat to the health and safety of children in care. During any suspension period the department or its designee shall have staff daily onsite at the out-of-state group home.
(2)On and after January 1, 2017, the licensing standards applicable to out-of-state group homes certified by the State Department of Social Services shall be those required of short-term residential treatment centers operated in this state.
SEC. 5.Section 6276.38 of the Government Code is amended to read:6276.38.Radioactive materials, dissemination of information about transportation of, Section 33002, Vehicle Code.
Railroad infrastructure protection program, disclosure not required for risk assessments filed with the Public Utilities Commission, the Director of Emergency Services, or the Office of Emergency Services, Section 6254.23.
Real estate broker, annual report to Bureau of Real Estate of financial information, confidentiality of, Section 10232.2, Business and Professions Code.
Real property, acquisition by state or local government, information relating to feasibility, subdivision (h), Section 6254.
Real property, change in ownership statement, confidentiality of, Section 27280.
Records described in Section 1620 of the Penal Code.
Records of contract purchasers, inspection by public prohibited, Section 85, Military and Veterans Code.
Records of persons committed to a state hospital pursuant to Section 4135 of the Welfare and Institutions Code.
Registered public obligations, inspection of records of security interests in, Section 5060.
Registration of exempt vehicles, nondisclosure of name of person involved in alleged violation, Section 5003, Vehicle Code.
Rehabilitation, Department of, confidential information, Section 19016, Welfare and Institutions Code.
Reinsurance intermediary-broker license information, confidentiality of, Section 1781.3, Insurance Code.
Relocation assistance, confidential records submitted to a public entity by a business or farm operation, Section 7262.
Rent control ordinance, confidentiality of information concerning accommodations sought to be withdrawn from, Section 7060.4.
Report of probation officer, inspection, copies, Section 1203.05, Penal Code.
Repossession agency licensee application, confidentiality of information, Sections 7503, 7504, and 7506.5, Business and Professions Code.
Reproductive health facilities, disclosure not required for personal information regarding employees, volunteers, board members, owners, partners, officers, and contractors of a reproductive health services facility who have provided requisite notification, Section 6254.18.
Residence address in any record of Department of Housing and Community Development, confidentiality of, Section 6254.1.
Residence address in any record of Department of Motor Vehicles, confidentiality of, Section 6254.1, Government Code, and Section 1808.21, Vehicle Code.
Residence and mailing addresses in records of Department of Motor Vehicles, confidentiality of, Section 1810.7, Vehicle Code.
Residential care facilities, confidentiality of resident information, Section 1568.08, Health and Safety Code.
Residential care facilities for the elderly, confidentiality of client information, Section 1569.315, Health and Safety Code.
Resource families, identifying information, Section 16519.55, Welfare and Institutions Code.
Respiratory care practitioner, professional competency examination reports, confidentiality of, Section 3756, Business and Professions Code.
Restraint of trade, civil action by district attorney, confidential memorandum, Section 16750, Business and Professions Code.
Reward by Governor for information leading to arrest and conviction, confidentiality of person supplying information, Section 1547, Penal Code.
Safe surrender site, confidentiality of information pertaining to a parent or individual surrendering a child, Section 1255.7, Health and Safety Code.
SEC. 6.Section 1502 of the Health and Safety Code is amended to read:1502.As used in this chapter:
(a)Community care facility means any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and includes the following:
(1)Residential facility means any family home, group care facility, or similar facility determined by the director, for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.
(2)Adult day program means any community-based facility or program that provides care to persons 18 years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of these individuals on less than a 24-hour basis.
(3)Therapeutic day services facility means any facility that provides nonmedical care, counseling, educational or vocational support, or social rehabilitation services on less than a 24-hour basis to persons under 18 years of age who would otherwise be placed in foster care or who are returning to families from foster care. Program standards for these facilities shall be developed by the department, pursuant to Section 1530, in consultation with therapeutic day services and foster care providers.
(4)Foster family agency means any public agency or private organization engaged in the recruiting, certifying, and training of, and providing professional support to, foster parents, or in finding homes or other places for placement of children for temporary or permanent care who require that level of care as determined by a child and family team. care. Private foster family agencies shall be organized and operated on a nonprofit basis.
(5)Foster family home means any residential facility providing 24-hour care for six or fewer foster children that is owned, leased, or rented and is the residence of the foster parent or parents, including their family, in whose care the foster children have been placed. The placement may be by a public or private child placement agency or by a court order, or by voluntary placement by a parent, parents, or guardian. It also means a foster family home described in Section 1505.2.
(6)Small family home means any residential facility, in the licensees family residence, that provides 24-hour care for six or fewer foster children who have mental disorders or developmental or physical disabilities and who require special care and supervision as a result of their disabilities. A small family home may accept children with special health care needs, pursuant to subdivision (a) of Section 17710 of the Welfare and Institutions Code. In addition to placing children with special health care needs, the department may approve placement of children without special health care needs, up to the licensed capacity.
(7)Social rehabilitation facility means any residential facility that provides social rehabilitation services for no longer than 18 months in a group setting to adults recovering from mental illness who temporarily need assistance, guidance, or counseling. Program components shall be subject to program standards pursuant to Article 1 (commencing with Section 5670) of Chapter 2.5 of Part 2 of Division 5 of the Welfare and Institutions Code.
(8)Community treatment facility means any residential facility that provides mental health treatment services to children in a group setting and that has the capacity to provide secure containment. Program components shall be subject to program standards developed and enforced by the State Department of Health Care Services pursuant to Section 4094 of the Welfare and Institutions Code.
Nothing in this section shall be construed to prohibit or discourage placement of persons who have mental or physical disabilities into any category of community care facility that meets the needs of the individual placed, if the placement is consistent with the licensing regulations of the department.
(9)Full-service adoption agency means any licensed entity engaged in the business of providing adoption services, that does all of the following:
(A)Assumes care, custody, and control of a child through relinquishment of the child to the agency or involuntary termination of parental rights to the child.
(B)Assesses the birth parents, prospective adoptive parents, or child.
(C)Places children for adoption.
(D)Supervises adoptive placements.
Private full-service adoption agencies shall be organized and operated on a nonprofit basis. As a condition of licensure to provide intercountry adoption services, a full-service adoption agency shall be accredited and in good standing according to Part 96 of Title 22 of the Code of Federal Regulations, or supervised by an accredited primary provider, or acting as an exempted provider, in compliance with Subpart F (commencing with Section 96.29) of Part 96 of Title 22 of the Code of Federal Regulations.
(10)Noncustodial adoption agency means any licensed entity engaged in the business of providing adoption services, that does all of the following:
(A)Assesses the prospective adoptive parents.
(B)Cooperatively matches children freed for adoption, who are under the care, custody, and control of a licensed adoption agency, for adoption, with assessed and approved adoptive applicants.
(C)Cooperatively supervises adoptive placements with a full-service adoptive agency, but does not disrupt a placement or remove a child from a placement.
Private noncustodial adoption agencies shall be organized and operated on a nonprofit basis. As a condition of licensure to provide intercountry adoption services, a noncustodial adoption agency shall be accredited and in good standing according to Part 96 of Title 22 of the Code of Federal Regulations, or supervised by an accredited primary provider, or acting as an exempted provider, in compliance with Subpart F (commencing with Section 96.29) of Part 96 of Title 22 of the Code of Federal Regulations.
(11)Transitional shelter care facility means any group care facility that provides for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. Program components shall be subject to program standards developed by the State Department of Social Services pursuant to Section 1502.3.
(12)Transitional housing placement provider means an organization licensed by the department pursuant to Section 1559.110 and Section 16522.1 of the Welfare and Institutions Code to provide transitional housing to foster children at least 16 years of age and not more than 18 years of age, and nonminor dependents, as defined in subdivision (v) of Section 11400 of the Welfare and Institutions Code, to promote their transition to adulthood. A transitional housing placement provider shall be privately operated and organized on a nonprofit basis.
(13)Group home means a residential facility that provides 24-hour care and supervision to children, delivered at least in part by staff employed by the licensee in a structured environment. The care and supervision provided by a group home shall be nonmedical, except as otherwise permitted by law.
(14)Runaway and homeless youth shelter means a group home licensed by the department to operate a program pursuant to Section 1502.35 to provide voluntary, short-term, shelter and personal services to runaway youth or homeless youth, as defined in paragraph (2) of subdivision (a) of Section 1502.35.
(15)Enhanced behavioral supports home means a facility certified by the State Department of Developmental Services pursuant to Article 3.6 (commencing with Section 4684.80) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code, and licensed by the State Department of Social Services as an adult residential facility or a group home that provides 24-hour nonmedical care to individuals with developmental disabilities who require enhanced behavioral supports, staffing, and supervision in a homelike setting. An enhanced behavioral supports home shall have a maximum capacity of four consumers, shall conform to Section 441.530(a)(1) of Title 42 of the Code of Federal Regulations, and shall be eligible for federal Medicaid home- and community-based services funding.
(16)Community crisis home means a facility certified by the State Department of Developmental Services pursuant to Article 8 (commencing with Section 4698) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code, and licensed by the State Department of Social Services pursuant to Article 9.7 (commencing with Section 1567.80), as an adult residential facility, providing 24-hour nonmedical care to individuals with developmental disabilities receiving regional center service, in need of crisis intervention services, and who would otherwise be at risk of admission to the acute crisis center at Fairview Developmental Center, Sonoma Developmental Center, an acute general hospital, acute psychiatric hospital, an institution for mental disease, as described in Part 5 (commencing with Section 5900) of Division 5 of the Welfare and Institutions Code, or an out-of-state placement. A community crisis home shall have a maximum capacity of eight consumers, as defined in subdivision (a) of Section 1567.80, shall conform to Section 441.530(a)(1) of Title 42 of the Code of Federal Regulations, and shall be eligible for federal Medicaid home- and community-based services funding.
(17)Crisis nursery means a facility licensed by the department to operate a program pursuant to Section 1516 to provide short-term care and supervision for children under six years of age who are voluntarily placed for temporary care by a parent or legal guardian due to a family crisis or stressful situation.
(18)Short-term residential treatment center means a residential facility 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, including core services as set forth, on and after January 1, 2017, in paragraph (1) of subdivision (b) of Section 11462 of the Welfare and Institutions Code, and 24-hour care and supervision to children, delivered at least in part by staff employed by the licensee in a structured environment pursuant to Section 1562.01 of the Health and Safety Code. children. The care and supervision provided by a short-term residential treatment center shall be nonmedical, except as otherwise permitted by law.
(b)Department or state department means the State Department of Social Services.
(c)Director means the Director of Social Services.
SEC. 7.Section 1502.4 of the Health and Safety Code is amended to read:1502.4.(a)(1)A community care facility licensed as a group home for children pursuant to this chapter may accept for placement, and provide care and supervision to, a child assessed as seriously emotionally disturbed having an emotional disturbance, as long as the child does not need inpatient care in a licensed health facility.
(2)For the purpose of this chapter, the following definitions shall apply:
(A)Inpatient care in a licensed health facility means care and supervision at a level greater than incidental medical services as specified in Section 1507.
(B)Seriously emotionally disturbed means the same as paragraph (2) of subdivision (a) of Section 5600.3 of the Welfare and Institutions Code.
(B)Emotional disturbance has the same meaning as that term is defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations.
(b)If a child described in subdivision (a) is placed into a group home program classified at rate classification level 13 or rate classification level 14 pursuant to Section 11462.01 of the Welfare and Institutions Code, the licensee shall meet both of the following requirements:
(1)The licensee shall agree to accept, for placement into its group home program, only children who have been assessed as seriously emotionally disturbed having an emotional disturbance by either of the following:
(A)An interagency placement committee, as described in Section 4096 of the Welfare and Institutions Code or by a licensed mental health professional, as defined in Sections 629 to 633, inclusive, of Title 9 of the California Code of Regulations.
(B)A licensed mental health professional pursuant to paragraph (3) of subdivision (i), or subdivision (j), of Section 11462.01 of the Welfare and Institutions Code if the child is privately placed or only county funded.
(2)The program is certified by the State Department of Health Care Services, pursuant to Section 4096.5 of the Welfare and Institutions Code, as a program that provides mental health treatment services for seriously emotionally disturbed children. children assessed as having an emotional disturbance.
(c)The department shall not evaluate, or have any responsibility or liability with regard to the evaluation of, the mental health treatment services provided pursuant to this section and paragraph (3) of subdivision (f) of Section 11462.01 of the Welfare and Institutions Code.
(d)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 8.Section 1502.4 is added to the Health and Safety Code, to read:1502.4.(a)(1)A community care facility licensed as a short-term residential treatment center or a foster family agency that provides treatment services for children pursuant to this chapter may accept for placement, and provide care and supervision to, a child assessed as seriously emotionally disturbed as long as the child does not need inpatient care in a licensed health facility.
(2)For the purposes of this chapter, the following definitions shall apply:
(A)Inpatient care in a licensed health facility means care and supervision at a level greater than incidental medical services as specified in Section 1507.
(B)Seriously emotionally disturbed means the same as paragraph (2) of subdivision (a) of Section 5600.3 of the Welfare and Institutions Code.
(b)If a child described in subdivision (a) is placed into a short-term residential treatment center or a foster family agency that provides treatment services pursuant to Section 11462.01 of the Welfare and Institutions Code, the licensee shall meet both of the following requirements:
(1)The licensee shall agree to accept, for placement into a short-term residential treatment center or a foster family agency that provides treatment services, only children who have been assessed as seriously emotionally disturbed by either of the following:
(A)An interagency placement committee or child and family team, as described in Section 4096 of the Welfare and Institutions Code, or by a licensed mental health professional.
(B)A licensed mental health professional pursuant to paragraph (3) of subdivision (i), or subdivision (j), of Section 11462.01 of the Welfare and Institutions Code if the child is privately placed or only county funded.
(2)The program is certified by the State Department of Health Care Services, or a county to which the department has delegated certification authority pursuant to Section 4096.5 of the Welfare and Institutions Code, as a program that provides mental health treatment services for seriously emotionally disturbed children.
(c)The department shall not evaluate, nor have any responsibility nor liability with regard to the evaluation of, the mental health treatment services provided pursuant to this section and paragraph (3) of subdivision (f) of Section 11462.01 of the Welfare and Institutions Code.
(d)This section shall become operative on January 1, 2017.
SEC. 8.Section 1502.4 is added to the Health and Safety Code, to read:1502.4.(a)A licensed short-term residential treatment center, as defined in paragraph (18) of subdivision (a) of Section 1502, may accept for placement children who do not require inpatient care in a licensed health facility and who meet at least one of the following conditions:
(1)A child who has been 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.
(2)A child assessed as having an emotional disturbance.
(3)A child who has been assessed as requiring the level of services provided to maintain the safety of the child or others due to behaviors that render the child or those around the child unsafe, or that prevent the effective delivery of needed services and supports provided in the childrens own homes or in other family settings, such as with a relative, guardian, foster family, resource family, or adoptive family. In certain circumstances, this may include the following children:
(A)A commercially or sexually exploited child.
(B)A private voluntary placement, if the youth exhibits status offender behavior and the parents or other relatives feel they cannot control the childs behavior and short term intervention is needed to transition to the child back into the home.
(C)A juvenile sex offender.
(D)A child who is affiliated with or impacted by a gang.
(b)A licensed foster family agency, as defined in paragraph (4) of subdivision (a) of Section 1502, that provides treatment services may accept for placement children who do not require inpatient care in a licensed health facility and who meet at least one of the following conditions:
(1)A child who has been 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.
(2)A child assessed as having an emotional disturbance.
(3)A child who has been assessed as requiring the level of services to meet his or her behavioral or therapeutic needs.
(c)An assessment described in paragraph (1) or (2) of subdivision (a) or paragraph (1) or (2) of subdivision (b) shall be made pursuant to subparagraphs (C) and (D) of paragraph (1) of subdivision (a) of Section 11462.01 of the Welfare and Institutions Code.
(d)For the purposes of this chapter, the following definitions shall apply:
(1)Inpatient care in a licensed health facility means care and supervision at a level greater than incidental medical services as specified in Section 1507.
(2)Emotional disturbance has the same meaning as that term is used in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations.
(e)The department shall not evaluate, nor have any responsibility or liability with regard to the evaluation of, the mental health treatment services provided pursuant to this section and paragraph (3) of subdivision (f) of Section 11462.01 of the Welfare and Institutions Code.
(f)This section shall become operative on January 1, 2017.
SEC. 9.Section 1502.45 is added to the Health and Safety Code, immediately following Section 1502.4, to read:1502.45.(a)(1)Notwithstanding Section 1502.4, a community care facility licensed as a group home for children pursuant to this chapter may accept for placement, and provide care and supervision to, a child assessed as seriously emotionally disturbed having an emotional disturbance as long as the child does not need inpatient care in a licensed health facility.
(2)For the purpose of this section, the following definitions shall apply:
(A)Inpatient care in a licensed health facility means care and supervision at a level greater than incidental medical services as specified in Section 1507.
(B)Seriously emotionally disturbed means the same as paragraph (2) of subdivision (a) of Section 5600.3 of the Welfare and Institutions Code.
(B)Emotional disturbance has the same meaning as that term is defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations.
(b)If a child described in subdivision (a) is placed into a group home program classified at rate classification level 13 or rate classification level 14 pursuant to Section 11462.015 of the Welfare and Institutions Code, the licensee shall meet both of the following requirements:
(1)The licensee shall agree to accept, for placement into its group home program, only children who have been assessed as seriously emotionally disturbed having an emotional disturbance by either of the following:
(A)An interagency placement committee, as described in Section 4096.1 of the Welfare and Institutions Code or by a licensed mental health professional, as defined in Sections 629 to 633, inclusive, of Title 9 of the California Code of Regulations.
(B)A licensed mental health professional pursuant to paragraph (3) of subdivision (i), or subdivision (j), of Section 11462.015 of the Welfare and Institutions Code if the child is privately placed or only county funded.
(2)The program is certified by the State Department of Health Care Services, pursuant to Section 4096.55 of the Welfare and Institutions Code, as a program that provides mental health treatment services for seriously emotionally disturbed children. children who have been assessed as having an emotional disturbance.
(c)The department shall not evaluate, or have any responsibility or liability with regard to the evaluation of, the mental health treatment services provided pursuant to this section and paragraph (3) of subdivision (f) of Section 11462.015 of the Welfare and Institutions Code.
(d)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 of the Welfare and Institutions Code.
(e)This section shall become operative on January 1, 2017.
(f)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 10.Section 1506.1 is added to the Health and Safety Code, to read:1506.1.(a)A foster family agency shall prepare and maintain a current, written plan of operation as required by the department.
(b)On and after January 1, 2017, a foster family agencys plan of operation shall demonstrate the foster family agencys ability to support the differing needs of children and their families.
(1)In addition to the rules and regulations adopted pursuant to this chapter, a foster family agencys plan of operation shall contain a description of the core services and supports, as set forth in paragraph (5) of subdivision (b) of Section 11463 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.
(2)The plan of operation shall identify whether the foster family agency is providing treatment or nontreatment services, and shall specifically describe the treatment practices that will be used in serving children and families in care.
(2)
(3)The plan of operation shall describe how the foster family agency will comply with the resource family approval standards and requirements, as set forth in Section 16519.5 of the Welfare and Institutions Code.
(3)
(4)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.
(c)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.
(d)(1)Upon request of a county, a foster family agency shall submit its plan of operation to the county which it will primarily serve. The county may review the plan of operation to determine whether to issue a certification of all of the following:
(A)The program is needed by the county.
(B)The provider is capable of effectively and efficiently operating the program.
(C)The provider is willing and able to accept placements who need the level of care and services that will be provided by the program.
(D)The plan of operation is suitable to meet the needs of the identified population.
(2)In its decision regarding issuance of an AFDC-FC rate, the department may consider whether the county has made the certification in paragraph (1).
(3)The department shall establish procedures for certification pursuant to paragraph (1), in consultation with the County Welfare Directors Association, Chief Probation Officers of California, and other stakeholders, as appropriate.
SEC. 11.Section 1507.25 of the Health and Safety Code is amended to read:1507.25.(a)(1)Notwithstanding any other law, a person described in paragraph (2), who is not a licensed health care professional, but who is trained to administer injections by a licensed health care professional practicing within his or her scope of practice, may administer emergency medical assistance and injections for severe diabetic hypoglycemia and anaphylactic shock to a foster child in placement.
(2)The following individuals shall be authorized to administer emergency medical assistance and injections in accordance with this subdivision:
(A)A relative caregiver.
(B)A nonrelative extended family member.
(C)A foster family home parent.
(D)A member of a resource family, as defined in subdivision (c) of Section 16519.5 of the Welfare and Institutions Code.
(E)A small family home parent.
(F)A certified parent of a foster family agency.
(G)A substitute caregiver of a foster family home or a certified family home.
(H)A staff member of a small family home or a group home who provides direct care and supervision to children and youth residing in the small family home or group home.
(I)A 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.
(3)The licensed health care professional shall periodically review, correct, or update training provided pursuant to this section as he or she deems necessary and appropriate.
(b)(1)Notwithstanding any other law, a person described in paragraph (2), who is not a licensed health care professional, but who is trained to administer injections by a licensed health care professional practicing within his or her scope of practice, may administer subcutaneous injections of other medications, including insulin, as prescribed by the childs physician, to a foster child in placement.
(2)The following individuals shall be authorized to give prescribed injections including insulin in accordance with this subdivision:
(A)A relative caregiver.
(B)A nonrelative extended family member.
(C)A foster family home parent.
(D)A member of a resource family, as defined in subdivision (c) of Section 16519.5 of the Welfare and Institutions Code.
(E)A small family home parent.
(F)A certified parent of a foster family agency.
(G)In the absence of a foster parent, a designated substitute caregiver in a foster family home or a certified family home.
(H)A direct care 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.
(3)The licensed health care professional shall periodically review, correct, or update training provided pursuant to this section as he or she deems necessary and appropriate.
(c)For purposes of this section, administration of an insulin injection shall include all necessary supportive activities related to the preparation and administration of the injection, including glucose testing and monitoring.
(d)Notwithstanding Part 5.5 (commencing with Section 17700) of Division 9 of, and particularly subdivision (g) of Section 17710 of, the Welfare and Institutions Code, a childs need to receive injections pursuant to this section shall not be the sole basis for determining that the child has a medical condition requiring specialized in-home health care.
(e)This section does not supersede the requirements of Section 369.5 of the Welfare and Institutions Code, with respect to the administration of psychotropic medication to a dependent child of the court.
SEC. 12.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 homes or short-term residential treatment centers operation may be filed.
(b)(1)After the production of the booklet provided for in paragraph (2), every member of the group homes board of directors or governing body and every member of a short-term residential treatment centers 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 homes or short-term residential treatment centers 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 providers or short-term residential treatment center providers 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 homes or short-term residential treatment centers operation that are enforced by the department.
(c)All financial records submitted by a facility to the department, or that are submitted as part of an audit of the facility, including, but not limited to, employee timecards and timesheets, shall be signed and dated by the employee and by the group home representative or short-term residential treatment center representative who is responsible for ensuring the accuracy of the information contained in the record, and shall contain an affirmative statement that the signatories understand that the information contained in the document is correct to the best of their knowledge and that submission of false or misleading information may be prosecuted as a crime.
(d)An applicant, provisional licensee, or licensee shall maintain, submit, and sign financial documents to verify the legitimacy and accuracy of these documents. These documents include, but are not limited to, the group home or short-term residential treatment center application, any financial documents and plans of corrections submitted to the department, and time sheets.
(e)(1)It is the intent of the Legislature that a group home or short-term residential treatment center have either representatives on its board of directors, as listed in paragraph (2), or a community advisory board, that meets at least annually.
(2)The representatives on the board of directors or the community advisory board members should consist of at least the following persons:
(A)A member of the facilitys 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 boards or governing bodys discussion of these documents and the group homes or short-term residential treatment centers operation. The licensee shall make available the minutes of group homes or short-term residential treatment centers board of directors or governing body meetings to the department.
SEC. 13.Section 1522.2 of the Health and Safety Code is amended to read:1522.2.If a local law enforcement agency, a probation officer, or a local department or agency that provides social services becomes aware that an employee of a community treatment facility, a day treatment facility, a group home, a short-term residential treatment center, or a foster family agency has been arrested for child abuse, as defined in Section 11165.6 of the Penal Code, after determining that the potential for abuse is present and that the employee is free to return to the facility where children are present, the local law enforcement agency, probation officer, or local department or agency shall notify the licensee of the charge of abuse.
SEC. 14.Section 1522.4 of the Health and Safety Code is amended to read:1522.4.(a)In addition to any other requirements of this chapter and except for foster family homes, small family homes, and certified family homes of foster family agencies, all of the following apply to any community care facility providing 24-hour care for children:
(1)The facility shall have one or more facility managers. Facility manager, as used in this section, means a person on the premises with the authority and responsibility necessary to manage and control the day-to-day operation of a community care facility and supervise the clients. The facility manager, licensee, and administrator, or any combination thereof, may be the same person provided he or she meets all applicable requirements. If the administrator is also the facility manager for the same facility, this person shall be limited to the administration and management of only one facility.
(2)The facility manager shall have at least one year of experience working with the client group served, or equivalent education or experience, as determined by the department.
(3)A facility manager shall be at the facility at all times when one or more clients are present. To ensure adequate supervision of clients when clients are at the facility outside of their normal schedule, a current telephone number where the facility manager can be reached shall be provided to the clients, licensing agency, school, and any other agency or person as the department determines is necessary. The facility manager shall instruct these agencies and individuals to notify him or her when clients will be returning to the facility outside of the normal hours.
(4)The Legislature intends to upgrade the quality of care in licensed facilities. For the purposes of Sections 1533 and 1534, the licensed facility shall be inspected and evaluated for quality of care at least once each year, without advance notice and as often as necessary, without advance notice, to ensure the quality of care being provided.
Paragraphs (1), (2), and (3) shall apply only to new facilities licensed for six or fewer children which apply for a license after January 1, 1985, and all other new facilities licensed for seven or more children which apply for a license after January 1, 1988. Existing facilities licensed for seven or more children shall comply by January 1, 1989.
(b)No employee of the state or county employed in the administration of this chapter or employed in a position that is in any way concerned with facilities licensed under this chapter shall hold a license or have a direct or indirect financial interest in a facility described in subdivision (a).
The department, by regulation, shall make the determination pursuant to the purposes of this section and chapter, as to what employment is in the administration of this chapter or in any way concerned with facilities licensed under this chapter and what financial interest is direct or indirect.
This subdivision does not prohibit the state or county from securing a license for, or operating, a facility that is otherwise required to be licensed under this chapter.
(c)(1)No group home, short-term residential treatment center, or foster family agency licensee, or employee, member of the board of directors, or officer of a group home, short-term residential treatment center, or foster family agency licensee, shall offer gifts or other remuneration of any type to any employee of the State Department of Social Services or placement agency that exceeds the monetary limits for gifts to employees of the State of California pursuant to Title 9 (commencing with Section 81000) of the Government Code and regulations adopted thereunder by the Fair Political Practices Commission.
(2)No employee of the department or a placement agency shall accept any gift or other remuneration of any type from a group home, short-term residential treatment center, or foster family agency licensee or employee, member of the board of directors, or officer of a group home, short-term residential treatment center, or foster family agency licensee that exceeds the monetary limits for gifts to employees of the State of California in Title 9 (commencing with Section 81000) of the Government Code and regulations adopted thereunder by the Fair Political Practices Commission.
(3)Violation of this subdivision is punishable as a misdemeanor.
SEC. 15.Section 1522.41 of the Health and Safety Code is amended to read:1522.41.(a)(1)The department, in consultation and collaboration with county placement officials, group home provider organizations, the Director of Health Care Services, and the Director of Developmental Services, shall develop and establish an administrator certification training program to ensure that administrators of group home facilities have appropriate training to provide the care and services for which a license or certificate is issued.
(2)The department shall develop and establish an administrator certification training program to ensure that administrators of short-term residential treatment center facilities have appropriate training to provide the care and services for which a license or certificate is issued.
(b)(1)In addition to any other requirements or qualifications required by the department, an administrator of a group home or short-term residential treatment center shall successfully complete a department-approved training certification program, pursuant to subdivision (c), prior to employment. An administrator employed in a group home or short-term residential treatment center shall meet the requirements of paragraph (2) of subdivision (c).
(2)In those cases where the individual is both the licensee and the administrator of a facility, the individual shall comply with all of the licensee and administrator requirements of this section.
(3)Failure to comply with this section shall constitute cause for revocation of the license of the facility.
(4)The licensee shall notify the department within 10 days of any change in administrators.
(c)(1)The administrator certification programs shall require a minimum of 40 hours of classroom instruction that provides training on a uniform core of knowledge in each of the following areas:
(A)Laws, regulations, and policies and procedural standards that impact the operations of the type of facility for which the applicant will be an administrator.
(B)Business operations.
(C)Management and supervision of staff.
(D)Psychosocial and educational needs of the facility residents.
(E)Community and support services.
(F)Physical needs for facility residents.
(G)Administration, storage, misuse, and interaction of medication used by facility residents.
(H)Resident admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(I)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(J)Nonviolent emergency intervention and reporting requirements.
(K)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in the School Safety and Violence Prevention Act (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).
(2)The department shall adopt separate program requirements for initial certification for persons who are employed as group home administrators on the effective date of this section. A person employed as an administrator of a group home facility on the effective date of this section shall obtain a certificate by completing the training and testing requirements imposed by the department within 12 months of the effective date of the regulations implementing this section. After the effective date of this section, these administrators shall meet the requirements imposed by the department on all other group home administrators for certificate renewal.
(3)The department shall adopt a separate administrator certification training program for group home administrators who desire to become short-term residential treatment center administrators.
(4)Individuals applying for administrator certification under this section shall successfully complete an approved administrator certification training program, pass a written test administered by the department within 60 days of completing the program, and submit to the department the documentation required by subdivision (d) within 30 days after being notified of having passed the test. The department may extend these time deadlines for good cause. The department shall notify the applicant of his or her test results within 30 days of administering the test.
(d)The department shall not begin the process of issuing a certificate until receipt of all of the following:
(1)A certificate of completion of the administrator training required pursuant to this chapter.
(2)The fee required for issuance of the certificate. A fee of one hundred dollars ($100) shall be charged by the department to cover the costs of processing the application for certification.
(3)Documentation from the applicant that he or she has passed the written test.
(4)Submission of fingerprints pursuant to Section 1522. The department may waive the submission for those persons who have a current clearance on file.
(5)That person is at least 21 years of age.
(e)It shall be unlawful for any person not certified under this section to hold himself or herself out as a certified administrator of a group home or short-term residential treatment center. Any person willfully making any false representation as being a certified administrator or facility manager is guilty of a misdemeanor.
(f)(1)Certificates issued under this section shall be renewed every two years and renewal shall be conditional upon the certificate holder submitting documentation of completion of 40 hours of continuing education related to the core of knowledge specified in subdivision (c). No more than one-half of the required 40 hours of continuing education necessary to renew the certificate may be satisfied through online courses. All other continuing education hours shall be completed in a classroom setting. For purposes of this section, an individual who is a group home or short-term residential treatment center administrator and who is required to complete the continuing education hours required by the regulations of the State Department of Developmental Services, and approved by the regional center, may have up to 24 of the required continuing education course hours credited toward the 40-hour continuing education requirement of this section. The department shall accept for certification, community college course hours approved by the regional centers.
(2)Every administrator of a group home or short-term residential treatment center shall complete the continuing education requirements of this subdivision.
(3)Certificates issued under this section shall expire every two years on the anniversary date of the initial issuance of the certificate, except that any administrator receiving his or her initial certification on or after July 1, 1999, shall make an irrevocable election to have his or her recertification date for any subsequent recertification either on the date two years from the date of issuance of the certificate or on the individuals birthday during the second calendar year following certification. The department shall send a renewal notice to the certificate holder 90 days prior to the expiration date of the certificate. If the certificate is not renewed prior to its expiration date, reinstatement shall only be permitted after the certificate holder has paid a delinquency fee equal to three times the renewal fee and has provided evidence of completion of the continuing education required.
(4)To renew a certificate, the certificate holder shall, on or before the certificate expiration date, request renewal by submitting to the department documentation of completion of the required continuing education courses and pay the renewal fee of one hundred dollars ($100), irrespective of receipt of the departments notification of the renewal. A renewal request postmarked on or before the expiration of the certificate shall be proof of compliance with this paragraph.
(5)A suspended or revoked certificate shall be subject to expiration as provided for in this section. If reinstatement of the certificate is approved by the department, the certificate holder, as a condition precedent to reinstatement, shall submit proof of compliance with paragraphs (1) and (2) of this subdivision, and shall pay a fee in an amount equal to the renewal fee, plus the delinquency fee, if any, accrued at the time of its revocation or suspension. Delinquency fees, if any, accrued subsequent to the time of its revocation or suspension and prior to an order for reinstatement, shall be waived for a period of 12 months to allow the individual sufficient time to complete the required continuing education units and to submit the required documentation. Individuals whose certificates will expire within 90 days after the order for reinstatement may be granted a three-month extension to renew their certificates during which time the delinquency fees shall not accrue.
(6)A certificate that is not renewed within four years after its expiration shall not be renewed, restored, reissued, or reinstated except upon completion of a certification training program, passing any test that may be required of an applicant for a new certificate at that time, and paying the appropriate fees provided for in this section.
(7)A fee of twenty-five dollars ($25) shall be charged for the reissuance of a lost certificate.
(8)A certificate holder shall inform the department of his or her employment status and change of mailing address within 30 days of any change.
(g)Unless otherwise ordered by the department, the certificate shall be considered forfeited under either of the following conditions:
(1)The department has revoked any license held by the administrator after the department issued the certificate.
(2)The department has issued an exclusion order against the administrator pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897, after the department issued the certificate, and the administrator did not appeal the exclusion order or, after the appeal, the department issued a decision and order that upheld the exclusion order.
(h)(1)The department, in consultation and collaboration with county placement officials, provider organizations, the State Department of Health Care Services, and the State Department of Developmental Services, shall establish, by regulation, the program content, the testing instrument, the process for approving administrator certification training programs, and criteria to be used in authorizing individuals, organizations, or educational institutions to conduct certification training programs and continuing education courses. The department may also grant continuing education hours for continuing courses offered by accredited educational institutions that are consistent with the requirements in this section. The department may deny vendor approval to any agency or person in any of the following circumstances:
(A)The applicant has not provided the department with evidence satisfactory to the department of the ability of the applicant to satisfy the requirements of vendorization set out in the regulations adopted by the department pursuant to subdivision (j).
(B)The applicant person or agency has a conflict of interest in that the person or agency places its clients in group homes or short-term residential treatment centers.
(C)The applicant public or private agency has a conflict of interest in that the agency is mandated to place clients in group homes or short-term residential treatment centers and to pay directly for the services. The department may deny vendorization to this type of agency only as long as there are other vendor programs available to conduct the certification training programs and conduct education courses.
(2)The department may authorize vendors to conduct the administrators certification training program pursuant to this section. The department shall conduct the written test pursuant to regulations adopted by the department.
(3)The department shall prepare and maintain an updated list of approved training vendors.
(4)The department may inspect administrator certification training programs and continuing education courses, including online courses, at no charge to the department, to determine if content and teaching methods comply with regulations. If the department determines that any vendor is not complying with the requirements of this section, the department shall take appropriate action to bring the program into compliance, which may include removing the vendor from the approved list.
(5)The department shall establish reasonable procedures and timeframes not to exceed 30 days for the approval of vendor training programs.
(6)The department may charge a reasonable fee, not to exceed one hundred fifty dollars ($150) every two years, to certification program vendors for review and approval of the initial 40-hour training program pursuant to subdivision (c). The department may also charge the vendor a fee, not to exceed one hundred dollars ($100) every two years, for the review and approval of the continuing education courses needed for recertification pursuant to this subdivision.
(7)(A)A vendor of online programs for continuing education shall ensure that each online course contains all of the following:
(i)An interactive portion in which the participant receives feedback, through online communication, based on input from the participant.
(ii)Required use of a personal identification number or personal identification information to confirm the identity of the participant.
(iii)A final screen displaying a printable statement, to be signed by the participant, certifying that the identified participant completed the course. The vendor shall obtain a copy of the final screen statement with the original signature of the participant prior to the issuance of a certificate of completion. The signed statement of completion shall be maintained by the vendor for a period of three years and be available to the department upon demand. Any person who certifies as true any material matter pursuant to this clause that he or she knows to be false is guilty of a misdemeanor.
(B)Nothing in this subdivision shall prohibit the department from approving online programs for continuing education that do not meet the requirements of subparagraph (A) if the vendor demonstrates to the departments satisfaction that, through advanced technology, the course and the course delivery meet the requirements of this section.
(i)The department shall establish a registry for holders of certificates that shall include, at a minimum, information on employment status and criminal record clearance.
(j)Subdivisions (b) to (i), inclusive, shall be implemented upon regulations being adopted by the department, by January 1, 2000.
(k)Notwithstanding any provision of law to the contrary, vendors approved by the department who exclusively provide either initial or continuing education courses for certification of administrators of a group home or short-term residential treatment center as defined by regulations of the department, an adult residential facility as defined by regulations of the department, or a residential care facility for the elderly as defined in subdivision (k) of Section 1569.2, shall be regulated solely by the department pursuant to this chapter. No other state or local governmental entity shall be responsible for regulating the activity of those vendors.
SEC. 16.Section 1522.43 of the Health and Safety Code is amended to read:1522.43.(a)(1)For the duties the department imposes on a group home administrator or short-term residential treatment center administrator in this chapter and in regulations adopted by the department, every group home and short-term residential treatment center shall state in its plan of operation, the number of hours per week that the administrator shall spend completing those duties and how the group home administrator or short-term residential treatment center administrator shall accomplish those duties, including use of support personnel.
(2)For initial applicants, the information in paragraph (1) shall be contained in the plan of operation submitted to the department in the application.
(3)For current licensees, the licensee shall submit an amended plan of operation that contains the information required by paragraph (1) within six months of the effective date of this section. For changes in the group home administrator duties imposed by the department in this chapter or in regulations, a current licensee shall have six months after the effective date of those duties to submit an amended plan of operation to reflect the new administrator duties.
(b)(1)The department may review a group homes or short-term residential treatment centers plan of operation to determine if the plan of operation is sufficient to ensure that the facility will operate in compliance with applicable licensing laws and regulations. As part of the review, the department may request that a peer review panel review the plan of operation for a group home as prescribed in paragraph (2), or for a short-term residential treatment center as prescribed in paragraph (3).
(2)The peer review panel shall consist of two representatives from the department, including one from the unit that governs programs and one from the unit that governs licensing, a qualified group home administrator, an experienced group home provider in good standing, and a member or members from the placement agency or agencies that place children in group homes. homes, and may also include the local county behavioral health department, as appropriate.
(3)The peer review panel shall consist of two representatives from the department, including one from the unit that governs programs and one from the unit that governs licensing, a qualified short-term residential treatment center administrator, a short-term residential treatment center provider in good standing, and a member or members from the placement agency or agencies that place children in short-term residential treatment centers. centers, and may also include the local county behavioral health department, as appropriate.
(c)A group home or short-term residential treatment center shall develop a daily schedule of activities for the children at the facility. The facility shall have this schedule available for inspection by the department. The activities in which the children are scheduled to participate shall be designed to meet the needs of the individual child, and shall be based on that childs needs and services plan.
SEC. 17.Section 1524.6 of the Health and Safety Code is amended to read:1524.6.(a)In addition to any other requirement of this chapter, any group home or short-term residential treatment center, as defined by regulations of the department, providing care for any number of persons, that is not already subject to the requirements of Section 1524.5, shall provide a procedure approved by the licensing agency for immediate response to incidents and complaints, as defined by regulations of the department. This procedure shall include a method of ensuring that the owner, licensee, or person designated by the owner or licensee is notified of the incident or complaint, that the owner, licensee, or person designated by the owner or licensee has personally investigated the matter, and that the person making the complaint or reporting the incident has received a written response, within 30 days of receiving the complaint, of action taken, or a reason why no action needs to be taken.
(b)In order to ensure the opportunity for complaints to be made directly to the owner, licensee, or person designated by the owner or licensee, and to provide the opportunity for the owner, licensee, or person designated by the owner or licensee to meet neighborhood residents and learn of problems in the neighborhood, any group home or short-term residential treatment center shall establish a fixed time on a periodic basis when the owner, licensee, or person designated by the owner or licensee will be present. At this fixed time, information shall be provided to neighborhood residents of the complaint procedure pursuant to Section 1538.
(c)Facilities shall establish procedures to comply with the requirements of this section on or before July 1, 2005.
(d)This section shall not apply to family homes certified by foster family agencies, foster family homes, and small family homes. It is not the intent of the Legislature that this section be applied in a way that is contrary to the childs best interests.
SEC. 18.Section 1529.2 of the Health and Safety Code is amended to read:1529.2.(a)In addition to the foster parent training provided by community colleges, foster family agencies shall provide a program of training for their certified foster families.
(b)(1)Every licensed foster parent shall complete a minimum of 12 hours of foster parent training, as prescribed in paragraph (3), before the placement of any foster children with the foster parent. In addition, a foster parent shall complete a minimum of eight hours of foster parent training annually, as prescribed in paragraph (4). No child shall be placed in a foster family home unless these requirements are met by the persons in the home who are serving as the foster parents.
(2)(A)Upon the request of the foster parent for a hardship waiver from the postplacement training requirement or a request for an extension of the deadline, the county may, at its option, on a case-by-case basis, waive the postplacement training requirement or extend any established deadline for a period not to exceed one year, if the postplacement training requirement presents a severe and unavoidable obstacle to continuing as a foster parent. Obstacles for which a county may grant a hardship waiver or extension are:
(i)Lack of access to training due to the cost or travel required.
(ii)Family emergency.
(B)Before a waiver or extension may be granted, the foster parent should explore the opportunity of receiving training by video or written materials.
(3)The initial preplacement training shall include, but not be limited to, training courses that cover all of the following:
(A)An overview of the child protective system.
(B)The effects of child abuse and neglect on child development.
(C)Positive discipline and the importance of self-esteem.
(D)Health issues in foster care.
(E)Accessing education and health services available to foster children.
(F)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(G)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(H)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free harassment- and violence-free school environment contained in the School Safety and Violence Prevention Act (Article Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code). Code.
(4)The postplacement annual training shall include, but not be limited to, training courses that cover all of the following:
(A)Age-appropriate child development.
(B)Health issues in foster care.
(C)Positive discipline and the importance of self-esteem.
(D)Emancipation and independent living skills if a foster parent is caring for youth.
(E)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(F)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(5)Foster parent training may be attained through a variety of sources, including community colleges, counties, hospitals, foster parent associations, the California State Foster Parent Associations Conference, adult schools, and certified foster parent instructors.
(6)A candidate for placement of foster children shall submit a certificate of training to document completion of the training requirements. The certificate shall be submitted with the initial consideration for placements and provided at the time of the annual visit by the licensing agency thereafter.
(c)Nothing in this section shall preclude a county from requiring county-provided preplacement or postplacement foster parent training in excess of the requirements in this section.
(d)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 19.Section 1529.2 is added to the Health and Safety Code, to read:1529.2.(a)It is the intent of the Legislature that all foster parents have the necessary knowledge, skills, and abilities to support the safety, permanency, and well-being of children in foster care. Initial and ongoing preparation and training of foster parents should support the foster parents role in parenting vulnerable children, youth, and young adults, including supporting the childrens connection with their families. Their training should be ongoing in order to provide foster parents with information on new practices and requirements and other helpful topics within the child welfare system and may be offered in a classroom setting, online, or individually.
(b)Prior to licensing or certification, training shall include, but not be limited to, the following topics:
(1)An overview of the child protective system.
(2)The effects of trauma, including child abuse or neglect on child development and behavior.
(3)Positive discipline and the importance of self-esteem.
(4)Health issues in foster care, including the administration of psychotropic and other medications.
(5)Accessing education, health, and behavioral health services available to foster children.
(6)The rights of a child in foster care, and the foster parents responsibility to safeguard those rights, including the right to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(7)Cultural needs of children, including instruction on cultural competency and respect relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(8)Basic instruction on existing laws and procedures regarding the safety of foster youth at school; and ensuring a harassment and violence free school environment pursuant to the School Safety and Violence Prevention Act (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).
(9)Permanence and well-being needs of children.
(10)Child and adolescent development.
(11)The role of foster parents, including working cooperatively with the child welfare agency, the childs family, and other service providers implementing the case plan.
(12)A foster parents responsibility to act as a reasonable and prudent parent; and to maintain the least restrictive, most family-like environment that serves the needs of the child.
(c)In addition to the initial requirements contained in subdivision (b), a
(b)A licensed or certified foster parent shall complete a minimum number of eight training hours annually, a portion of which shall be from one or more of the following topics, as prescribed by the department, pursuant to subdivision (a):
(1)Age-appropriate child and adolescent development.
(2)Health issues in foster care, including the administration of psychotropic and other medications.
(3)Positive discipline and the importance of self-esteem.
(4)Preparation for youth and young adults for a successful transition to adulthood.
(5)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(6)Instruction on cultural competency and respect relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(d)
(c)No child shall be placed with a foster parent unless each foster parent in the home meets the requirements of this section.
(e)
(d)(1)Upon the request of the licensed or certified foster parent for a hardship waiver from the annual training requirement or a request for an extension of the deadline, the county may, at its option, on a case-by-case basis, waive the training requirement or extend any established deadline for a period not to exceed one year, if the training requirement presents a severe and unavoidable obstacle to continuing as a foster parent.
(2)Obstacles for which a county may grant a hardship waiver or extension are:
(A)Lack of access to training due to the cost or travel required. required or lack of child care to participate in the training, when online resources are not available.
(B)Family emergency.
(3)Before a waiver or extension may be granted, the licensed or certified foster parent should explore the opportunity of receiving training online or by video or written materials.
(f)
(e)(1)Foster parent training may be obtained through sources that include, but are not necessarily limited to, community colleges, counties, hospitals, foster parent associations, the California State Foster Parent Associations Conference, online resources, adult schools, and certified foster parent instructors.
(2)In addition to the foster parent training provided by community colleges, foster family agencies shall provide a program of training for their certified foster families.
(g)
(f)(1)Training certificates shall be submitted to the appropriate licensing or foster family agency.
(1)A foster parent applicant shall submit a certificate of completion of training as a precondition of licensure or certification.
(2)Upon completion, a licensed or certified parent shall submit a certificate of completion for the annual training requirements.
(h)
(g)Nothing in this section shall preclude a county or a foster family agency from requiring foster parent training in excess of the requirements in this section.
(i)
(h)This section shall become operative on January 1, 2017.
SEC. 20.Section 1530.7 of the Health and Safety Code is amended to read:1530.7.(a)Group homes, short-term residential treatment centers, foster family agencies, small family homes, transitional housing placement providers, and crisis nurseries licensed pursuant to this chapter shall maintain a smoke-free environment in the facility.
(b)A person who is licensed or certified pursuant to this chapter to provide residential care in a foster family home or certified family home shall not smoke or permit any other person to smoke inside the facility, and, when the child is present, on the outdoor grounds of the facility.
(c)A person who is licensed or certified pursuant to this chapter to provide residential foster care shall not smoke in any motor vehicle that is regularly used to transport the child.
SEC. 21.Section 1530.8 of the Health and Safety Code is amended to read:1530.8.(a)(1)The department shall adopt regulations for community care facilities licensed as group homes, and for temporary shelter care facilities as defined in subdivision (c), that care for dependent children, children placed by a regional center, or voluntary placements, who are younger than six years of age. The department shall adopt these regulations after assessing the needs of this population and developing standards pursuant to Section 11467.1 of the Welfare and Institutions Code. To the extent that the department determines they are necessary, the department may adopt regulations under this section that apply to short-term residential treatment centers that care for children younger than six years of age.
(2)The department shall adopt regulations under this section that apply to minor parent programs serving children younger than six years of age who reside in a group home with a minor parent who is the primary caregiver of the child. To the extent that the department determines they are necessary, the department may adopt regulations under this section that apply to short-term residential treatment centers that provide minor parent programs serving children younger than six years of age.
(3)To the extent that the department determines they are necessary, the department shall adopt regulations under this section that apply to group homes or short-term residential treatment centers that care for dependent children who are 6 to 12 years of age, inclusive. In order to determine whether such regulations are necessary, and what any resulting standards should include, the department shall consult with interested parties that include, but are not limited to, representatives of current and former foster youth, advocates for children in foster care, county welfare and mental health directors, chief probation officers, representatives of care providers, experts in child development, and representatives of the Legislature. The standards may provide normative guidelines differentiated by the needs specific to children in varying age ranges that fall between 6 and 12 years of age, inclusive. Prior to adopting regulations, the department shall submit for public comment, by July 1, 2016, any proposed regulations.
(b)The regulations shall include physical environment standards, including staffing and health and safety requirements, that meet or exceed state child care standards under Title 5 and Title 22 of the California Code of Regulations.
(c)For purposes of this section, a temporary shelter care facility means any residential facility that meets all of the following requirements:
(1)It is owned and operated by the county.
(2)It is a 24-hour facility that provides short-term residential care and supervision for dependent children under 18 years of age who have been removed from their homes as a result of abuse or neglect, as defined in Section 300 of the Welfare and Institutions Code, or both.
SEC. 22.Section 1531.1 of the Health and Safety Code is amended to read:1531.1.(a)A residential facility licensed as an adult residential facility, group home, short-term residential treatment center, small family home, foster family home, or a family home certified by a foster family agency may install and utilize delayed egress devices of the time delay type.
(b)As used in this section, delayed egress device means a device that precludes the use of exits for a predetermined period of time. These devices shall not delay any residents departure from the facility for longer than 30 seconds.
(c)Within the 30 seconds of delay, facility staff may attempt to redirect a resident who attempts to leave the facility.
(d)Any person accepted by a residential facility or family home certified by a foster family agency utilizing delayed egress devices shall meet all of the following conditions:
(1)The person shall have a developmental disability as defined in Section 4512 of the Welfare and Institutions Code.
(2)The person shall be receiving services and case management from a regional center under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code).
(3)An interdisciplinary team, through the Individual Program Plan (IPP) process pursuant to Section 4646.5 of the Welfare and Institutions Code, shall have determined that the person lacks hazard awareness or impulse control and requires the level of supervision afforded by a facility equipped with delayed egress devices, and that but for this placement, the person would be at risk of admission to, or would have no option but to remain in, a more restrictive state hospital or state developmental center placement.
(e)The facility shall be subject to all fire and building codes, regulations, and standards applicable to residential care facilities for the elderly utilizing delayed egress devices, and shall receive approval by the county or city fire department, the local fire prevention district, or the State Fire Marshal for the installed delayed egress devices.
(f)The facility shall provide staff training regarding the use and operation of the egress control devices utilized by the facility, protection of residents personal rights, lack of hazard awareness and impulse control behavior, and emergency evacuation procedures.
(g)The facility shall develop a plan of operation approved by the State Department of Social Services that includes a description of how the facility is to be equipped with egress control devices that are consistent with regulations adopted by the State Fire Marshal pursuant to Section 13143.
(h)The plan shall include, but shall not be limited to, all of the following:
(1)A description of how the facility will provide training for staff regarding the use and operation of the egress control devices utilized by the facility.
(2)A description of how the facility will ensure the protection of the residents personal rights consistent with Sections 4502, 4503, and 4504 of the Welfare and Institutions Code.
(3)A description of how the facility will manage the persons lack of hazard awareness and impulse control behavior.
(4)A description of the facilitys emergency evacuation procedures.
(i)Delayed egress devices shall not substitute for adequate staff. Except for facilities operating in accordance with Section 1531.15, the capacity of the facility shall not exceed six residents.
(j)Emergency fire and earthquake drills shall be conducted at least once every three months on each shift, and shall include all facility staff providing resident care and supervision on each shift.
SEC. 23.Section 1531.15 of the Health and Safety Code is amended to read:1531.15.(a)A licensee of an adult residential facility, short-term residential treatment center, or group home for no more than 15 residents, that is eligible for and serving clients eligible for federal Medicaid funding and utilizing delayed egress devices pursuant to Section 1531.1, may install and utilize secured perimeters in accordance with the provisions of this section.
(b)As used in this section, secured perimeters means fences that meet the requirements prescribed by this section.
(c)Only individuals meeting all of the following conditions may be admitted to or reside in a facility described in subdivision (a) utilizing secured perimeters:
(1)The person shall have a developmental disability as defined in Section 4512 of the Welfare and Institutions Code.
(2)The person shall be receiving services and case management from a regional center under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code).
(3)(A)The person shall be 14 years of age or older, except as specified in subparagraph (B).
(B)Notwithstanding subparagraph (A), a child who is at least 10 years of age and less than 14 years of age may be placed in a licensed group home or short-term residential treatment center described in subdivision (a) using secured perimeters only if both of the following occur:
(i)A comprehensive assessment is conducted and an individual program plan meeting is convened to determine the services and supports needed for the child to receive services in a less restrictive, unlocked residential setting in California, and the regional center requests assistance from the State Department of Developmental Services statewide specialized resource service to identify options to serve the child in a less restrictive, unlocked residential setting in California.
(ii)The regional center requests placement of the child in a licensed group home or short-term residential treatment center described in subdivision (a) using secured perimeters on the basis that the placement is necessary to prevent out-of-state placement or placement in a more restrictive, locked residential setting and the State Department of Developmental Services approves the request.
(4)The person is not a foster child under the jurisdiction of the juvenile court pursuant to Section 300, 450, 601, or 602 of the Welfare and Institutions Code.
(5)An interdisciplinary team, through the individual program plan (IPP) process pursuant to Section 4646.5 of the Welfare and Institutions Code, shall have determined the person lacks hazard awareness or impulse control and, for his or her safety and security, requires the level of supervision afforded by a facility equipped with secured perimeters, and, but for this placement, the person would be at risk of admission to, or would have no option but to remain in, a more restrictive placement. The individual program planning team shall determine the continued appropriateness of the placement at least annually.
(d)The licensee shall be subject to all applicable fire and building codes, regulations, and standards, and shall receive approval by the county or city fire department, the local fire prevention district, or the State Fire Marshal for the installed secured perimeters.
(e)The licensee shall provide staff training regarding the use and operation of the secured perimeters, protection of residents personal rights, lack of hazard awareness and impulse control behavior, and emergency evacuation procedures.
(f)The licensee shall revise its facility plan of operation. These revisions shall first be approved by the State Department of Developmental Services. The plan of operation shall not be approved by the State Department of Social Services unless the licensee provides certification that the plan was approved by the State Department of Developmental Services. The plan shall include, but not be limited to, all of the following:
(1)A description of how the facility is to be equipped with secured perimeters that are consistent with regulations adopted by the State Fire Marshal pursuant to Section 13143.6.
(2)A description of how the facility will provide training for staff.
(3)A description of how the facility will ensure the protection of the residents personal rights consistent with Sections 4502, 4503, and 4504 of the Welfare and Institutions Code, and any applicable personal rights provided in Title 22 of the California Code of Regulations.
(4)A description of how the facility will manage residents lack of hazard awareness and impulse control behavior.
(5)A description of the facilitys emergency evacuation procedures.
(g)Secured perimeters shall not substitute for adequate staff.
(h)Emergency fire and earthquake drills shall be conducted on each shift in accordance with existing licensing requirements, and shall include all facility staff providing resident care and supervision on each shift.
(i)Interior and exterior space shall be available on the facility premises to permit clients to move freely and safely.
(j)For the purpose of using secured perimeters, the licensee shall not be required to obtain a waiver or exception to a regulation that would otherwise prohibit the locking of a perimeter fence or gate.
(k)This section shall become operative only upon the publication in Title 17 of the California Code of Regulations of emergency regulations filed by the State Department of Developmental Services. These regulations shall be developed with stakeholders, including the State Department of Social Services, consumer advocates, and regional centers. The regulations shall establish program standards for homes that include secured perimeters, including requirements and timelines for the completion and updating of a comprehensive assessment of each consumers needs, including the identification through the individual program plan process of the services and supports needed to transition the consumer to a less restrictive living arrangement, and a timeline for identifying or developing those services and supports. The regulations shall establish a statewide limit on the total number of beds in homes with secured perimeters. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare.
SEC. 24.Section 1534 of the Health and Safety Code is amended to read:1534.(a)(1)(A)Except for foster family homes, every licensed community care facility shall be subject to unannounced inspections by the department.
(B)Foster family homes shall be subject to announced inspections by the department, except that a foster family home shall be subject to unannounced inspections in response to a complaint, a plan of correction, or under any of the circumstances set forth in subparagraph (B) of paragraph (2).
(2)(A)The department may inspect these facilities as often as necessary to ensure the quality of care provided.
(B)The department shall conduct an annual unannounced inspection of a facility under any of the following circumstances:
(i)When a license is on probation.
(ii)When the terms of agreement in a facility compliance plan require an annual inspection.
(iii)When an accusation against a licensee is pending.
(iv)When a facility requires an annual inspection as a condition of receiving federal financial participation.
(v)In order to verify that a person who has been ordered out of a facility by the department is no longer at the facility.
(C)(i)The department shall conduct annual unannounced inspections of no less than 20 percent of facilities, except for foster family homes, not subject to an inspection under subparagraph (B).
(ii)The department shall conduct annual announced inspections of no less than 20 percent of foster family homes not subject to an inspection under subparagraph (B).
(iii)These inspections shall be conducted based on a random sampling methodology developed by the department.
(iv)If the total citations issued by the department to facilities exceed the previous years total by 10 percent, the following year the department shall increase the random sample by an additional 10 percent of the facilities not subject to an inspection under subparagraph (B). The department may request additional resources to increase the random sample by 10 percent.
(v)The department shall not inspect a licensed community care facility less often than once every five years.
(3)In order to facilitate direct contact with group home or short-term residential treatment center clients, the department may interview children who are clients of group homes or short-term residential treatment centers at any public agency or private agency at which the client may be found, including, but not limited to, a juvenile hall, recreation or vocational program, or a public or nonpublic school. The department shall respect the rights of the child while conducting the interview, including informing the child that he or she has the right not to be interviewed and the right to have another adult present during the interview.
(4)The department shall notify the community care facility in writing of all deficiencies in its compliance with the provisions of this chapter and the rules and regulations adopted pursuant to this chapter, and shall set a reasonable length of time for compliance by the facility.
(5)Reports on the results of each inspection, evaluation, or consultation shall be kept on file in the department, and all inspection reports, consultation reports, lists of deficiencies, and plans of correction shall be open to public inspection.
(b)(1)This section does not limit the authority of the department to inspect or evaluate a licensed foster family agency, a certified family home, or any aspect of a program in which a licensed community care facility is certifying compliance with licensing requirements.
(2)(A)A foster family agency shall conduct an announced inspection of a certified family home during the annual recertification described in Section 1506 in order to ensure that the certified family home meets all applicable licensing standards. A foster family agency may inspect a certified family home as often as necessary to ensure the quality of care provided.
(B)In addition to the inspections required pursuant to subparagraph (A), a foster family agency shall conduct an unannounced inspection of a certified family home under any of the following circumstances:
(i)When a certified family home is on probation.
(ii)When the terms of the agreement in a facility compliance plan require an annual inspection.
(iii)When an accusation against a certified family home is pending.
(iv)When a certified family home requires an annual inspection as a condition of receiving federal financial participation.
(v)In order to verify that a person who has been ordered out of a certified family home by the department is no longer at the home.
(3)Upon a finding of noncompliance by the department, the department may require a foster family agency to deny or revoke the certificate of approval of a certified family home, or take other action the department may deem necessary for the protection of a child placed with the certified family home. The certified parent or prospective foster parent shall be afforded the due process provided pursuant to this chapter.
(4)If the department requires a foster family agency to deny or revoke the certificate of approval, the department shall serve an order of denial or revocation upon the certified or prospective foster parent and foster family agency that shall notify the certified or prospective foster parent of the basis of the departments action and of the certified or prospective foster parents right to a hearing.
(5)Within 15 days after the department serves an order of denial or revocation, the certified or prospective foster parent may file a written appeal of the departments decision with the department. The departments action shall be final if the certified or prospective foster parent does not file a written appeal within 15 days after the department serves the denial or revocation order.
(6)The departments order of the denial or revocation of the certificate of approval shall remain in effect until the hearing is completed and the director has made a final determination on the merits.
(7)A certified or prospective foster parent who files a written appeal of the departments order with the department pursuant to this section shall, as part of the written request, provide his or her current mailing address. The certified or prospective foster parent shall subsequently notify the department in writing of any change in mailing address, until the hearing process has been completed or terminated.
(8)Hearings held pursuant to this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. In all proceedings conducted in accordance with this section the standard of proof shall be by a preponderance of the evidence.
(9)The department may institute or continue a disciplinary proceeding against a certified or prospective foster parent upon any ground provided by this section or Section 1550, enter an order denying or revoking the certificate of approval, or otherwise take disciplinary action against the certified or prospective foster parent, notwithstanding any resignation, withdrawal of application, surrender of the certificate of approval, or denial or revocation of the certificate of approval by the foster family agency.
(10)A foster family agencys failure to comply with the departments order to deny or revoke the certificate of approval by placing or retaining children in care shall be grounds for disciplining the licensee pursuant to Section 1550.
SEC. 25.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, 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.
(b)Subject to subdivision (c), to encourage the recruitment of foster family homes and certified family homes of foster family agencies, protect their personal privacy, and to preserve the security and confidentiality of the placements in the homes, the names, addresses, and other identifying information of facilities licensed as foster family homes and certified family homes of foster family agencies providing 24-hour care for six or fewer children shall be considered personal information for purposes of the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). This information shall not be disclosed by any state or local agency pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), except as necessary for administering the licensing program, facilitating the placement of children in these facilities, and providing names and addresses only to bona fide professional foster parent organizations upon request.
(c)Notwithstanding subdivision (b), the department, a county, or a foster family agency may request information from, or divulge information to, the department, a county, or a foster family agency, regarding a prospective certified parent, foster parent, or relative caregiver for the purpose of, and as necessary to, conduct a reference check to determine whether it is safe and appropriate to license, certify, or approve an applicant to be a certified parent, foster parent, or relative caregiver.
(d)The department may issue a citation and, after the issuance of that citation, may assess a civil penalty of fifty dollars ($50) per day for each instance of a foster family agencys failure to provide the department with the information required by subdivision (h) of Section 88061 of Title 22 of the California Code of Regulations.
(e)The Legislature encourages the department, when funds are available for this purpose, to develop a database that would include all of the following information:
(1)Monthly reports by a foster family agency regarding family homes.
(2)A log of family homes certified and decertified, provided by a foster family agency to the department.
(3)Notification by a foster family agency to the department informing the department of a foster family agencys determination to decertify a certified family home due to any of the following actions by the certified family parent:
(A)Violating licensing rules and regulations.
(B)Aiding, abetting, or permitting the violation of licensing rules and regulations.
(C)Conducting oneself in a way that is inimical to the health, morals, welfare, or safety of a child placed in that certified family home.
(D)Being convicted of a crime while a certified family parent.
(E)Knowingly allowing any child to have illegal drugs or alcohol.
(F)Committing an act of child abuse or neglect or an act of violence against another person.
SEC. 26.Section 1538.3 of the Health and Safety Code is amended to read:1538.3.A county may develop a cooperative agreement with the department to access disclosable, public record information from an automated system, other than the system described in Section 1538.2, concerning substantiated complaints for all group home or short-term residential treatment centers, as defined by regulations of the department, located within that county. Access to the database may be accomplished through a secure online transaction protocol.
SEC. 27.Section 1538.5 of the Health and Safety Code is amended to read:1538.5.(a)(1)Not less than 30 days prior to the anniversary of the effective date of a residential community care facility license, except licensed foster family homes, the department may transmit a copy to the board members of the licensed facility, parents, legal guardians, conservators, clients rights advocates, or placement agencies, as designated in each residents placement agreement, of all inspection reports given to the facility by the department during the past year as a result of a substantiated complaint regarding a violation of this chapter relating to resident abuse and neglect, food, sanitation, incidental medical care, and residential supervision. During that one-year period the copy of the notices transmitted and the proof of the transmittal shall be open for public inspection.
(2)The department may transmit copies of the inspection reports referred to in paragraph (1) concerning a group home or short-term residential treatment center, as defined by regulations of the department, to the county in which the group home or short-term residential treatment center is located, if requested by that county.
(3)A group home or short-term residential treatment center shall maintain, at the facility, a copy of all licensing reports for the past three years that would be accessible to the public through the department, for inspection by placement officials, current and prospective facility clients, and these clients family members who visit the facility.
(b)The facility operator, at the expense of the facility, shall transmit a copy of all substantiated complaints, by certified mail, to those persons described pursuant to paragraph (1) of subdivision (a) in the following cases:
(1)In the case of a substantiated complaint relating to resident physical or sexual abuse, the facility shall have three days from the date the facility receives the licensing report from the department to comply.
(2)In the case in which a facility has received three or more substantiated complaints relating to the same violation during the past 12 months, the facility shall have five days from the date the facility receives the licensing report to comply.
(c)A residential facility shall retain a copy of the notices transmitted pursuant to subdivision (b) and proof of their transmittal by certified mail for a period of one year after their transmittal.
(d)If a residential facility to which this section applies fails to comply with this section, as determined by the department, the department shall initiate civil penalty action against the facility in accordance with this article and the related rules and regulations.
(e)Not less than 30 days prior to the anniversary of the effective date of the license of any group home or short-term residential treatment center, as defined by regulations of the department, at the request of the county in which the group home or short-term residential treatment center is located, a group home or short-term residential treatment center shall transmit to the county a copy of all incident reports prepared by the group home or short-term residential treatment center and transmitted to a placement agency, as described in subdivision (f) of Section 1536.1, in a county other than the county in which the group home or short-term residential treatment center is located that involved a response by local law enforcement or emergency services personnel, including runaway incidents. The county shall designate an official for the receipt of the incident reports and shall notify the group home or short-term residential treatment center of the designation. Prior to transmitting copies of incident reports to the county, the group home or short-term residential treatment center shall redact the name of any child referenced in the incident reports, and other identifying information regarding any child referenced in the reports. The county may review the incident reports to ensure that the group home or short-term residential treatment center has taken appropriate action to ensure the health and safety of the residents of the facility.
(f)The department shall notify the residential community care facility of its obligation when it is required to comply with this section.
SEC. 28.Section 1538.6 of the Health and Safety Code is amended to read:1538.6.(a)When the department periodically reviews the record of substantiated complaints against each group home or short-term residential treatment center, pursuant to its oversight role as prescribed by Section 1534, to determine whether the nature, number, and severity of incidents upon which complaints were based constitute a basis for concern as to whether the provider is capable of effectively and efficiently operating the program, and if the department determines that there is cause for concern, it may contact the county in which a group home or short-term residential treatment center is located and placement agencies in other counties using the group home or short-term residential treatment center, and request their recommendations as to what action, if any, the department should take with regard to the providers status as a licensed group home or short-term residential treatment center provider.
(b)It is the intent of the Legislature that the department make every effort to communicate with the county in which a group home or short-term residential treatment center is located when the department has concerns about group homes or short-term residential treatment centers within that county.
SEC. 29.Section 1538.7 of the Health and Safety Code is amended to read:1538.7.(a)A group home, transitional housing placement provider, community treatment facility, runaway and homeless youth shelter, or short-term residential treatment center shall report to the departments Community Care Licensing Division upon the occurrence of any incident concerning a child in the facility involving contact with law enforcement. At least every six months, the facility shall provide a followup report for each incident, including the type of incident, whether the incident involved an alleged violation of any crime described in Section 602 of the Welfare and Institutions Code by a child residing in the facility; whether staff, children, or both were involved; the gender, race, ethnicity, and age of children involved; and the outcomes, including arrests, removals of children from placement, or termination or suspension of staff.
(b)(1)If the department determines that, based on the licensed capacity, a facility has reported, pursuant to subdivision (a), a greater than average number of law enforcement contacts involving an alleged violation of any crime described in Section 602 of the Welfare and Institutions Code by a child residing in the facility, the department shall inspect the facility at least once a year.
(2)An inspection conducted pursuant to paragraph (1) does not constitute an unannounced inspection required pursuant to Section 1534.
(c)If an inspection is required pursuant to subdivision (b), the Community Care Licensing Division shall provide the report to the departments Children and Family Services Division and to any other public agency that has certified the facilitys program or any component of the facilitys program including, but not limited to, the State Department of Health Care Services, which certifies group homes or short-term residential treatment centers pursuant to Section 4096.5 of the Welfare and Institutions Code.
SEC. 30.Section 1548 of the Health and Safety Code, as added by Section 2 of Chapter 813 of the Statutes of 2014, is amended to read:1548.(a)In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department may levy a civil penalty.
(b)The amount of the civil penalty shall not be less than twenty-five dollars ($25) or more than fifty dollars ($50) per day for each violation of this chapter except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. In no event, shall a civil penalty assessment exceed one hundred fifty dollars ($150) per day per violation.
(c)Notwithstanding Section 1534, the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations:
(1)(A)Fire clearance violations, including, but not limited to, overcapacity, ambulatory status, inoperable smoke alarms, and inoperable fire alarm systems. The civil penalty shall not be assessed if the licensee has done either of the following:
(i)Requested the appropriate fire clearance based on ambulatory, nonambulatory, or bedridden status, and the decision is pending.
(ii)Initiated eviction proceedings.
(B)A licensee denied a clearance for bedridden residents may appeal to the fire authority, and, if that appeal is denied, may subsequently appeal to the Office of the State Fire Marshal, and shall not be assessed an immediate civil penalty until the final appeal is decided, or after 60 days has passed from the date of the citation, whichever is earlier.
(2)Absence of supervision, as required by statute or regulation.
(3)Accessible bodies of water when prohibited in this chapter or regulations adopted pursuant to this chapter.
(4)Accessible firearms, ammunition, or both.
(5)Refused entry to a facility or any part of a facility in violation of Section 1533, 1534, or 1538.
(6)The presence of an excluded person on the premises.
(d)(1)For a violation that the department determines resulted in the death of a resident at an adult residential facility, social rehabilitation facility, enhanced behavioral supports home, or community crisis home, the civil penalty shall be fifteen thousand dollars ($15,000).
(2)For a violation that the department determines resulted in the death of a person receiving care at an adult day program, the civil penalty shall be assessed as follows:
(A)Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensees facilities, to care for 50 or less persons.
(B)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for more than 50 persons.
(3)For a violation that the department determines resulted in the death of a person receiving care at a therapeutic day services facility, foster family agency, community treatment facility, full-service adoption agency, noncustodial adoption agency, transitional shelter care facility, transitional housing placement provider, group home, or short-term residential treatment center, the civil penalty shall be assessed as follows:
(A)Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensees facilities, to care for 40 or less children.
(B)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for 41 to 100, inclusive, children.
(C)Fifteen thousand dollars ($15,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(4)For a violation that the department determines resulted in the death of a resident at a runaway and homeless youth shelter, the civil penalty shall be five thousand dollars ($5,000).
(e)(1)(A)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident at an adult residential facility, social rehabilitation facility, enhanced behavioral supports home, or community crisis home, the civil penalty shall be ten thousand dollars ($10,000).
(B)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a person receiving care at an adult day program, the civil penalty shall be assessed as follows:
(i)Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensees facilities, to care for 50 or less persons.
(ii)Five thousand dollars ($5,000) for a licensee licensed, among all of the licensees facilities, to care for more than 50 persons.
(C)For a violation that the department determines constitutes physical abuse, as defined in paragraph (2), or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a person receiving care at a therapeutic day services facility, foster family agency, community treatment facility, full-service adoption agency, noncustodial adoption agency, transitional shelter care facility, transitional housing placement provider, group home, or short-term residential treatment center, the civil penalty shall be assessed as follows:
(i)Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensees facilities, to care for 40 or less children.
(ii)Five thousand dollars ($5,000) for a licensee licensed, among all of the licensees facilities, to care for 41 to 100, inclusive, children.
(iii)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(D)For a violation that the department determines constitutes physical abuse, as defined in paragraph (2), or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident at a runaway and homeless youth shelter, the civil penalty shall be one thousand dollars ($1,000).
(2)For purposes of subparagraphs (C) and (D), physical abuse includes physical injury inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165.1 of the Penal Code, neglect as defined in Section 11165.2 of the Penal Code, or unlawful corporal punishment or injury as defined in Section 11165.4 of the Penal Code when the person responsible for the childs welfare is a licensee, administrator, or employee of any facility licensed to care for children.
(f)Prior to the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the director.
(g)Notwithstanding Section 1534, any facility that is cited for repeating the same violation of this chapter within 12 months of the first violation is subject to an immediate civil penalty of one hundred fifty dollars ($150) and fifty dollars ($50) for each day the violation continues until the deficiency is corrected.
(h)Any facility that is assessed a civil penalty pursuant to subdivision (g) that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) is subject to an immediate civil penalty of one hundred fifty dollars ($150) for each day the violation continues until the deficiency is corrected.
(i)(1)The department shall adopt regulations setting forth the appeal procedures for deficiencies.
(2)A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 10 days of receipt of the notice of a civil penalty assessment and shall provide all supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. If the regional manager determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the regional managers decision within 60 days of the request to review the assessment of the civil penalty.
(3)The licensee may further appeal to the program administrator of the Community Care Licensing Division within 10 days of receipt of the notice of the regional managers decision and shall provide all supporting documentation at that time. If the program administrator determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the program administrators decision within 60 days of the request to review the regional managers decision.
(4)The licensee may further appeal to the deputy director of the Community Care Licensing Division within 10 days of receipt of the notice of the program directors decision and shall provide all supporting documentation at that time. If the deputy director determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the deputy directors decision within 60 days of the request to review the program administrators decision.
(5)Upon exhausting the deputy director review, a licensee may appeal a civil penalty assessed pursuant to subdivision (d) or (e) to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.
(6)If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.
(j)The department shall adopt regulations implementing this section.
(k)The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by the act that added this subdivision.
(l)As provided in Section 11466.31 of the Welfare and Institutions Code, the department may offset civil penalties owed by a group home or short-term residential treatment center against moneys to be paid by a county for the care of minors after the group home or short-term residential treatment center has exhausted its appeal of the civil penalty assessment. The department shall provide the group home or short-term residential treatment center a reasonable opportunity to pay the civil penalty before instituting the offset provision.
(m)This section shall become operative on July 1, 2015.
SEC. 31.Section 1562 of the Health and Safety Code is amended to read:1562.(a)The department shall ensure that operators and staffs of community care facilities have appropriate training to provide the care and services for which a license or certificate is issued. The section shall not apply to a facility licensed as an Adult Residential Facility for Persons with Special Health Care Needs pursuant to Article 9 (commencing with Section 1567.50).
(b)It is the intent of the Legislature that children in foster care reside in the least restrictive, family-based settings that can meet their needs, and that group homes and short-term residential treatment centers will be used only for short-term, specialized, and intensive treatment purposes that are consistent with a case plan that is determined by a childs best interests. Accordingly, the Legislature encourages the department to adopt policies, practices, and guidance that ensure that the education, qualification, and training requirements for child care staff in group homes and short-term residential treatment centers are consistent with the intended role of group homes and short-term residential treatment centers to provide short-term, specialized, and intensive treatment, with a particular focus on crisis intervention, behavioral stabilization, and other treatment-related goals, as well as the connections between those efforts and work toward permanency for children.
(c)(1)Each person employed as a facility manager or staff member of a group home or short-term residential treatment center, as defined in paragraphs (13) and (18) of subdivision (a) of Section 1502, who provides direct care and supervision to children and youth residing in the group home or short-term residential treatment center shall be at least 21 years of age.
(2)Paragraph (1) shall not apply to a facility manager or staff member employed at the group home before October 1, 2014.
(3)For purposes of this subdivision, group home does not include a runaway and homeless youth shelter.
SEC. 32.Section 1562.01 is added to the Health and Safety Code, to read:1562.01.(a)(1)Commencing January 1, 2017, the department shall license short-term residential treatment centers, as defined in paragraph (18) of subdivision (a) of Section 1502, pursuant to this chapter. The department may license a facility as a short-term residential treatment center prior to January 1, 2017. A short-term residential treatment center shall comply with all requirements of this chapter that are applicable to group homes and to the requirements of this section.
(2)A 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.
(2)
(3)(A)A short-term residential treatment center shall prepare and maintain a current, written plan of operation as required by the department.
(B)The plan of operation shall include, but not be limited to, all of the following:
(i)Description of the short-term residential treatment centers 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, on and after January 1, 2017, in paragraph (1) of subdivision (b) of Section 11462 of the Welfare and Institutions Code, to be offered to children and their families, as appropriate or necessary.
(iii)Any other information that may be prescribed by the department for the proper administration of this section.
(b)In addition to the rules and regulations adopted pursuant to this chapter, a county licensed to operate a short-term residential treatment center shall describe, in the plan of operation, its conflict of interest mitigation plan, as set forth on and after January 1, 2017, in subdivision (g) of Section 11462.02 of the Welfare and Institutions Code.
(c)(1) Upon request of a county, a short-term residential treatment center shall submit its plan of operation to the county which it will primarily serve. The county may review the plan of operation to determine whether to issue a certification of all of the following:
(A)The program is needed by the county.
(B)The provider is capable of effectively and efficiently operating the program.
(C)The provider is willing and able to accept placements who need the level of care and services that will be provided by the program.
(D)The plan of operation is suitable to meet the needs of the identified population.
(2)In its decision regarding issuance of an AFDC-FC rate, the department may consider whether the county has made the certification required in paragraph (1).
(3)The department shall establish procedures for certification pursuant to paragraph (1), in consultation with the County Welfare Directors Association, Chief Probation Officers of California, and other stakeholders, as appropriate.
(c)
(d)(1)The department shall establish requirements for the education, qualification, and training of facility managers and child care staff in short-term residential treatment centers consistent with the intended role of these facilities to provide short-term, specialized, and intensive treatment.
(2)Requirements shall include, but not be limited to, all of the following:
(A)Staff classifications.
(B)Specification of the date by which employees shall be required to meet the education, qualification, and training requirements.
(C)Any other requirements that may be prescribed by the department for the proper administration of this section.
(d)
(e)Notwithstanding any other section of this chapter, the department shall establish requirements for licensed group homes that are transitioning to short-term residential treatment centers, which may include, but not be limited to, requirements related to application and plan of operation.
(e)
(f)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 on and after January 1, 2017, pursuant to subdivision (c) of Section 11462 of the Welfare and Institutions Code.
SEC. 33.Section 1562.35 of the Health and Safety Code is amended to read:1562.35.Notwithstanding any law to the contrary, including, but not limited to Section 1562.3, vendors approved by the department who exclusively provide either initial or continuing education courses for certification of administrators of an adult residential facility as defined by the department, a group home facility as defined by the department, a short-term residential treatment center as defined by the department, or a residential care facility for the elderly as defined in subdivision (k) of Section 1569.2, shall be regulated solely by the department pursuant to this chapter. No other state or local governmental entity shall be responsible for regulating the activity of those vendors.
SEC. 34.Section 1563 of the Health and Safety Code is amended to read:1563.(a)The department shall ensure that licensing personnel at the department have appropriate training to properly carry out this chapter.
(b)The department shall institute a staff development and training program to develop among departmental staff the knowledge and understanding necessary to successfully carry out this chapter. Specifically, the program shall do all of the following:
(1)Provide staff with 36 hours of training per year that reflects the needs of persons served by community care facilities. This training shall, where appropriate, include specialized instruction in the needs of foster children, persons with mental disorders, or developmental or physical disabilities, or other groups served by specialized community care facilities.
(2)Give priority to applications for employment from persons with experience as care providers to persons served by community care facilities.
(3)Provide new staff with comprehensive training within the first six months of employment. This comprehensive training shall, at a minimum, include the following core areas: administrative action process, client populations, conducting facility visits, cultural awareness, documentation skills, facility operations, human relation skills, interviewing techniques, investigation processes, and regulation administration.
(c)In addition to the requirements in subdivision (b), group home, short-term residential treatment center, and foster family agency licensing personnel shall receive a minimum of 24 hours of training per year to increase their understanding of children in group homes, short-term residential treatment centers, certified homes, and foster family homes. The training shall cover, but not be limited to, all of the following topics:
(1)The types and characteristics of emotionally troubled children.
(2)The high-risk behaviors they exhibit.
(3)The biological, psychological, interpersonal, and social contributors to these behaviors.
(4)The range of management and treatment interventions utilized for these children, including, but not limited to, nonviolent, emergency intervention techniques.
(5)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
SEC. 35.Section 1567.4 of the Health and Safety Code is amended to read:1567.4.The State Department of Social Services shall provide, at cost, quarterly to each county and to each city, upon the request of the county or city, and to the chief probation officer of each county and city and county, a roster of all community care facilities licensed as small family homes, short-term residential treatment centers, or group homes located in the county, which provide services to wards of the juvenile court, including information as to whether each facility is licensed by the state or the county, the type of facility, and the licensed bed capacity of each such facility. Information concerning the facility shall be limited to that available through the computer system of the State Department of Social Services.
SEC. 36.Section 11105.2 of the Penal Code is amended to read:11105.2.(a)The Department of Justice may provide subsequent state or federal arrest or disposition notification to any entity authorized by state or federal law to receive state or federal summary criminal history information to assist in fulfilling employment, licensing, certification duties, or the duties of approving relative caregivers, nonrelative extended family members, and resource families upon the arrest or disposition of any person whose fingerprints are maintained on file at the Department of Justice or the Federal Bureau of Investigation as the result of an application for licensing, employment, certification, or approval. Nothing in this section shall authorize the notification of a subsequent disposition pertaining to a disposition that does not result in a conviction, unless the department has previously received notification of the arrest and has previously lawfully notified a receiving entity of the pending status of that arrest. When the department supplies subsequent arrest or disposition notification to a receiving entity, the entity shall, at the same time, expeditiously furnish a copy of the information to the person to whom it relates if the information is a basis for an adverse employment, licensing, or certification decision. When furnished other than in person, the copy shall be delivered to the last contact information provided by the applicant.
(b)For purposes of this section, approval means those duties described in subdivision (d) of Section 309 of the Welfare and Institutions Code for approving the home of a relative caregiver or of a nonrelative extended family member for placement of a child supervised by the juvenile court, and those duties in Section 16519.5 of the Welfare and Institutions Code for resource families.
(c)Any entity, other than a law enforcement agency employing peace officers as defined in Section 830.1, subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section 830.3, subdivisions (a) and (b) of Section 830.5, and subdivision (a) of Section 830.31, shall enter into a contract with the Department of Justice in order to receive notification of subsequent state or federal arrests or dispositions for licensing, employment, or certification purposes.
(d)Any entity that submits the fingerprints of applicants for licensing, employment, certification, or approval to the Department of Justice for the purpose of establishing a record of the applicant to receive notification of subsequent state or federal arrests or dispositions shall immediately notify the department when the employment of the applicant is terminated, when the applicants license or certificate is revoked, when the applicant may no longer renew or reinstate the license or certificate, or when a relative caregivers or nonrelative extended family members approval is terminated. The Department of Justice shall terminate state or federal subsequent notification on any applicant upon the request of the licensing, employment, certifying, or approving authority.
(e)Any entity that receives a notification of a state or federal subsequent arrest or disposition for a person unknown to the entity, or for a person no longer employed by the entity, or no longer eligible to renew the certificate or license for which subsequent notification service was established shall immediately return the subsequent notification to the Department of Justice, informing the department that the entity is no longer interested in the applicant. The entity shall not record or otherwise retain any information received as a result of the subsequent notice.
(f)Any entity that submits the fingerprints of an applicant for employment, licensing, certification, or approval to the Department of Justice for the purpose of establishing a record at the department or the Federal Bureau of Investigation to receive notification of subsequent arrest or disposition shall immediately notify the department if the applicant is not subsequently employed, or if the applicant is denied licensing certification, or approval.
(g)An entity that fails to provide the Department of Justice with notification as set forth in subdivisions (c), (d), and (e) may be denied further subsequent notification service.
(h)Notwithstanding subdivisions (c), (d), and (f), subsequent notification by the Department of Justice and retention by the employing agency shall continue as to retired peace officers listed in subdivision (c) of Section 830.5.
SEC. 37.Section 11105.3 of the Penal Code is amended to read:11105.3.(a)Notwithstanding any other law, a human resource agency or an employer may request from the Department of Justice records of all convictions or any arrest pending adjudication involving the offenses specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code of a person who applies for a license, employment, or volunteer position, in which he or she would have supervisory or disciplinary power over a minor or any person under his or her care. The department shall furnish the information to the requesting employer and shall also send a copy of the information to the applicant.
(b)Any request for records under subdivision (a) shall include the applicants fingerprints, which may be taken by the requester, and any other data specified by the department. The request shall be on a form approved by the department, and the department may charge a fee to be paid by the employer, human resource agency, or applicant for the actual cost of processing the request. However, no fee shall be charged to a nonprofit organization. Requests received by the department for federal level criminal offender record information shall be forwarded to the Federal Bureau of Investigation by the department to be searched for any record of arrests or convictions.
(c)(1)When a request pursuant to this section reveals that a prospective employee or volunteer has been convicted of a violation or attempted violation of Section 220, 261.5, 262, 273a, 273d, or 273.5, or any sex offense listed in Section 290, except for the offense specified in subdivision (d) of Section 243.4, and where the agency or employer hires the prospective employee or volunteer, the agency or employer shall notify the parents or guardians of any minor who will be supervised or disciplined by the employee or volunteer. A conviction for a violation or attempted violation of an offense committed outside the State of California shall be included in this notice if the offense would have been a crime specified in this subdivision if committed in California. The notice shall be given to the parents or guardians with whom the child resides, and shall be given at least 10 days prior to the day that the employee or volunteer begins his or her duties or tasks. Notwithstanding any other law, any person who conveys or receives information in good faith and in conformity with this section is exempt from prosecution under Section 11142 or 11143 for that conveying or receiving of information. Notwithstanding subdivision (d), the notification requirements of this subdivision shall apply as an additional requirement of any other provision of law requiring criminal record access or dissemination of criminal history information.
(2)The notification requirement pursuant to paragraph (1) shall not apply to a misdemeanor conviction for violating Section 261.5 or to a conviction for violating Section 262 or 273.5. Nothing in this paragraph shall preclude an employer from requesting records of convictions for violating Section 261.5, 262, or 273.5 from the Department of Justice pursuant to this section.
(d)Nothing in this section supersedes any law requiring criminal record access or dissemination of criminal history information. In any conflict with another statute, dissemination of criminal history information shall be pursuant to the mandatory statute. This subdivision applies to, but is not limited to, requirements pursuant to Article 1 (commencing with Section 1500) of Chapter 3 of, and Chapter 3.2 (commencing with Section 1569) and Chapter 3.4 (commencing with Section 1596.70) of, Division 2 of, and Section 1522 of, the Health and Safety Code, and Sections 8712, 8811, and 8908 of the Family Code, and Section 16519.5 of the Welfare and Institutions Code.
(e)The department may adopt regulations to implement the provisions of this section as necessary.
(f)As used in this section, employer means any nonprofit corporation or other organization specified by the Attorney General that employs or uses the services of volunteers in positions in which the volunteer or employee has supervisory or disciplinary power over a child or children.
(g)As used in this section, human resource agency means a public or private entity, excluding any agency responsible for licensing of facilities pursuant to the California Community Care Facilities Act (Chapter 3 (commencing with Section 1500)), the California Residential Care Facilities for the Elderly Act (Chapter 3.2 (commencing with Section 1569)), Chapter 3.01 (commencing with Section 1568.01), and the California Child Day Care Facilities Act (Chapter 3.4 (commencing with Section 1596.70)) of Division 2 of the Health and Safety Code, responsible for determining the character and fitness of a person who is:
(1)Applying for a license, employment, or as a volunteer within the human services field that involves the care and security of children, the elderly, the handicapped, or the mentally impaired.
(2)Applying to be a volunteer who transports individuals impaired by drugs or alcohol.
(3)Applying to adopt a child or to be a foster parent.
(h)Except as provided in subdivision (c), any criminal history information obtained pursuant to this section is confidential and no recipient shall disclose its contents other than for the purpose for which it was acquired.
(i)As used in this subdivision, community youth athletic program means an employer having as its primary purpose the promotion or provision of athletic activities for youth under 18 years of age.
(j)A community youth athletic program, as defined in subdivision (i), may request state and federal level criminal history information pursuant to subdivision (a) for a volunteer coach or hired coach candidate. The director of the community youth athletic program shall be the custodian of records.
(k)The community youth athletic program may request from the Department of Justice subsequent arrest notification service, as provided in Section 11105.2, for a volunteer coach or a hired coach candidate.
(l)Compliance with this section does not remove or limit the liability of a mandated reporter pursuant to Section 11166.
SEC. 38.Section 361.2 of the Welfare and Institutions Code is amended to read:361.2.(a)When a court orders removal of a child pursuant to Section 361, the court shall first determine whether there is a parent of the child, with whom the child was not residing at the time that the events or conditions arose that brought the child within the provisions of Section 300, who desires to assume custody of the child. If that parent requests custody, the court shall place the child with the parent unless it finds that placement with that parent would be detrimental to the safety, protection, or physical or emotional well-being of the child. The fact that the parent is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with his or her parent shall not be, for that reason alone, prima facie evidence that placement with that parent would be detrimental.
(b)If the court places the child with that parent it may do any of the following:
(1)Order that the parent become legal and physical custodian of the child. The court may also provide reasonable visitation by the noncustodial parent. The court shall then terminate its jurisdiction over the child. The custody order shall continue unless modified by a subsequent order of the superior court. The order of the juvenile court shall be filed in any domestic relation proceeding between the parents.
(2)Order that the parent assume custody subject to the jurisdiction of the juvenile court and require that a home visit be conducted within three months. In determining whether to take the action described in this paragraph, the court shall consider any concerns that have been raised by the childs 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 parents immigration status.
(2)The approved home of a relative, regardless of the relatives immigration status.
(3)The approved home of a nonrelative extended family member as defined in Section 362.7.
(4)The approved home of a resource family as defined in Section 16519.5.
(5)A foster home in which the child has been placed before an interruption in foster care, if that placement is in the best interest of the child and space is available.
(6)A suitable licensed community care facility, except a runaway and homeless youth shelter licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code.
(7)With a foster family agency to be placed in a suitable licensed foster family home or certified family home that has been certified by the agency as meeting licensing standards.
(8)A home or facility in accordance with the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(9)A child under six years of age shall not be placed in a community care facility licensed as a group home for children, a short-term residential treatment center as defined in subdivision (ad) of Section 11400, or a temporary shelter care facility as defined in Section 1530.8 of the Health and Safety Code, except under any of the following circumstances:
(A)(i)When a case plan indicates that placement is for purposes of providing short term, short-term, specialized, and intensive treatment to the child, the case plan specifies the need for, nature of, and anticipated duration of this treatment, pursuant to paragraph (2) of subdivision (c) of Section 16501.1, the case plan includes transitioning the child to a less restrictive environment and the projected timeline by which the child will be transitioned to a less restrictive environment, and the facility meets the applicable regulations adopted under Section 1530.8 of the Health and Safety Code and standards developed pursuant to Section 11467.1 of this code, and the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department has approved the case plan.
(ii)The short term, 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 countys control have prevented the county from obtaining those services or supports within the timeline documented in the case plan, and the need for additional time pursuant to the case plan is documented by the caseworker and approved by a deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department.
(iii)To the extent that placements pursuant to this paragraph are extended beyond an initial 120 days, the requirements of clauses (i) and (ii) shall apply to each extension. In addition, the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department shall approve the continued placement no less frequently than every 60 days.
(B)When a case plan indicates that placement is for purposes of providing family reunification services. In addition, the facility offers family reunification services that meet the needs of the individual child and his or her family, permits parents to have reasonable access to their children 24 hours a day, encourages extensive parental involvement in meeting the daily needs of their children, and employs staff trained to provide family reunification services. In addition, one of the following conditions exists:
(i)The childs parent is also a ward of the court and resides in the facility.
(ii)The childs parent is participating in a treatment program affiliated with the facility and the childs placement in the facility facilitates the coordination and provision of reunification services.
(iii)Placement in the facility is the only alternative that permits the parent to have daily 24-hour access to the child in accordance with the case plan, to participate fully in meeting all of the daily needs of the child, including feeding and personal hygiene, and to have access to necessary reunification services.
(10)(A)A child who is 6 to 12 years of age, inclusive, may be placed in a community care facility licensed as a group home for children or a short-term residential treatment center as defined in subdivision (ad) of Section 11400, only when a case plan indicates that placement is for purposes of providing short term, short-term, specialized, and intensive treatment for the child, the case plan specifies the need for, nature of, and anticipated duration of this treatment, pursuant to paragraph (2) of subdivision (c) of Section 16501.1, the case plan includes transitioning the child to a less restrictive environment and the projected timeline by which the child will be transitioned to a less restrictive environment, and is approved by the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department.
(B)The short term, specialized, and intensive treatment period shall not exceed six months, unless the county has made progress or is actively working toward implementing the case plan that identifies the services or supports necessary to transition the child to a family setting, circumstances beyond the countys control have prevented the county from obtaining those services or supports within the timeline documented in the case plan, and the need for additional time pursuant to the case plan is documented by the caseworker and approved by a deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department.
(C)To the extent that placements pursuant to this paragraph are extended beyond an initial six months, the requirements of subparagraphs (A) and (B) shall apply to each extension. In addition, the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department shall approve the continued placement no less frequently than every 60 days.
(11)A child may be placed into a community care facility licensed as a group home or a short-term residential treatment center, as defined in subdivision (ad) of Section 11400, only when the case plan indicates that placement is for purposes of providing short-term, specialized, and intensive treatment for the child, the case plan specifies the need for, nature of, and anticipated duration of this treatment, pursuant to paragraph (2) of subdivision (c) of Section 16501.1, and the case plan includes transitioning the child to a less restrictive environment and the projected timeline by which the child will be transitioned to a less restrictive environment.
(12)A licensed short-term residential treatment center, as defined in paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code, provided he or she meets at least one of the following conditions:
(A)The child has been 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)The child has been assessed as having an emotional disturbance pursuant to Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations.
(C)The child has been assessed as requiring the level of services provided to maintain the safety of the child or others due to behaviors that render the child or those around the child unsafe, or that prevent the effective delivery of needed services and supports provided in the childs own home or in other family settings, such as with a relative, guardian, foster family, resource family, or adoptive family. In certain circumstances, this may include the following children:
(i)A commercially or sexually exploited child.
(ii)A juvenile sex offender.
(iii)A child who is affiliated with or impacted by a gang.
(13)A licensed foster family agency, as defined in paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code, which provides treatment services, if he or she meets at least one of the following conditions:
(A)A child who has been 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)A child assessed as having an emotional disturbance pursuant to Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations.
(C)A child who has been assessed as requiring the level of services to meet his or her behavioral or therapeutic needs.
(14)The assessments described in paragraphs (12) and (13) shall be made pursuant to subparagraphs (C) and (D) of paragraph (1) of subdivision (a) of Section 11462.01.
(12)
(15)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 childs 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 childs parent or guardian in order to facilitate reunification of the family.
(2)In the event that there are no appropriate placements available in the parents or guardians county of residence, a placement may be made in an appropriate place in another county, preferably a county located adjacent to the parents or guardians community of residence.
(3)Nothing in this section shall be interpreted as requiring multiple disruptions of the childs 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 parents or guardians 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 childs parents or guardians county of residence, the specific reason the out-of-county placement is necessary shall be documented in the childs case plan. If the reason the out-of-county placement is necessary is the lack of resources in the sending county to meet the specific needs of the child, those specific resource needs shall be documented in the case plan.
(5)When it has been determined that a child is to be placed out of county either in a group home or a short-term residential treatment center, or with a foster family agency for subsequent placement in a certified foster family home, and the sending county is to maintain responsibility for supervision and visitation of the child, the sending county shall develop a plan of supervision and visitation that specifies the supervision and visitation activities to be performed and specifies that the sending county is responsible for performing those activities. In addition to the plan of supervision and visitation, the sending county shall document information regarding any known or suspected dangerous behavior of the child that indicates the child may pose a safety concern in the receiving county. 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 childs health or well-being is endangered by delaying the action or would be endangered if prior notice were given. The notice shall state the reasons which require placement outside the county. The parent or guardian may object to the placement not later than seven days after receipt of the notice and, upon objection, the court shall hold a hearing not later than five days after the objection and prior to the placement. The court shall order out-of-county placement if it finds that the childs particular needs require placement outside the county.
(i)When the court has ordered removal of the child from the physical custody of his or her parents pursuant to Section 361, the court shall consider whether the family ties and best interest of the child will be served by granting visitation rights to the childs grandparents. The court shall clearly specify those rights to the social worker.
(j)When the court has ordered removal of the child from the physical custody of his or her parents pursuant to Section 361, the court shall consider whether there are any siblings under the courts jurisdiction, or any nondependent siblings in the physical custody of a parent subject to the courts 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 childs 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 childs caregiver is able to meet the day-to-day health, safety, and well-being needs of the child.
(B)The childs caregiver is permitted to maintain the least restrictive and most family-like environment that serves the day-to-day needs of the child.
(C)The child is permitted to engage in reasonable, age-appropriate day-to-day activities that promote the most family-like environment for the foster child.
(2)The foster childs 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 childs caregiver to permit the child to engage in day-to-day activities that carry an unreasonable risk of harm, or subject the child to abuse or neglect.
SEC. 39.Section 706.6 of the Welfare and Institutions Code is amended to read:706.6.(a)Services to minors are best provided in a framework that integrates service planning and delivery among multiple service systems, including the mental health system, using a team-based approach, such as a child and family team. A child and family team brings together individuals that engage with the child or youth and family in assessing, planning, and delivering services. Use of a team approach increases efficiency, and thus reduces cost, by increasing coordination of formal services and integrating the natural and informal supports available to the child or youth and family.
(b)(1)For the purposes of this section, child and family team means a supportive team that informs the process of placement and services to children and youth in foster care or who are at risk of foster care placement. The child and family team is comprised of the child or youth, the childs family, the caregiver, the placing agency caseworker, a county mental health representative, and a representative of the childs or youths tribe or Indian custodian, as applicable. As appropriate, the child and family team also may include, but is not limited to, behavioral health representatives and other formal supports, such as educational professionals and representatives from other agencies providing services to the child or youth and family. For purposes of this definition, the child and family team also may include extended family and informal support persons, such as friends, coaches, faith-based connections, and tribes as identified by the child or youth and family. If placement into a short-term residential treatment center or a foster family agency that provides treatment services has occurred or is being considered, the mental health representative is required to be a licensed mental health professional.
(2)The case plan shall be developed in collaboration with the child and family team. The agency shall consider the recommendations of the child and family team. The agency shall document the rationale for any inconsistencies between the case plan and the child and family team recommendations.
(c)A case plan prepared as required by Section 706.5 shall be submitted to the court. It shall either be attached to the social study or incorporated as a separate section within the social study. The case plan shall include, but not be limited to, the following information:
(a)
(1)A description of the circumstances that resulted in the minor being placed under the supervision of the probation department and in foster care.
(b)
(2)An assessment of the minors and familys strengths and needs and the type of placement best equipped to meet those needs.
(c)
(3)(A)A description of the type of home or institution in which the minor is to be placed, including a discussion of the safety and appropriateness of the placement. An placement, including the recommendations of the child and family team, if available.
(B)An appropriate placement is a placement in the least restrictive, most family-like environment, in closest proximity to the minors home, that meets the minors best interests and special needs.
(d)Commencing January 1, 2017, the following shall apply:
(1)The agency selecting a placement shall consider, in order of priority:
(A)Placement with relatives, nonrelated extended family members, and tribal members.
(B)Foster family homes and nontreatment certified homes of foster family agencies.
(C)Treatment and intensive treatment certified homes of foster family agencies, or multidimensional treatment foster homes or therapeutic foster care homes.
(D)Group care placements in the following order:
(i)Short-term residential treatment centers.
(ii)Group homes.
(iii)Community treatment facilities.
(iv)Out-of-state residential treatment pursuant to Part 5 (commencing with Section 7900) of Division 12 of the Family Code.
(2)A minor may be placed into a community care facility licensed as a short-term residential treatment center, as defined in subdivision (ad) of Section 11400, provided the case plan indicates that the placement is for the purposes of providing short-term, specialized, and intensive treatment for the minor, the case plan specifies the need for, nature of, and anticipated duration of this treatment, and the case plan includes transitioning the minor to a less restrictive environment and the projected timeline by which the minor will be transitioned to a less restrictive environment.
(d)
(e)Effective January 1, 2010, a case plan shall ensure the educational stability of the child while in foster care and shall include both of the following:
(1)Assurances that the placement takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement.
(2)An assurance that the placement agency has coordinated with appropriate local educational agencies to ensure that the child remains in the school in which the child is enrolled at the time of placement, or, if remaining in that school is not in the best interests of the child, assurances by the placement agency and the local educational agency to provide immediate and appropriate enrollment in a new school and to provide all of the childs educational records to the new school.
(e)
(f)Specific time-limited goals and related activities designed to enable the safe return of the minor to his or her home, or in the event that return to his or her home is not possible, activities designed to result in permanent placement or emancipation. Specific responsibility for carrying out the planned activities shall be assigned to one or more of the following:
(1)The probation department.
(2)The minors parent or parents or legal guardian or guardians, as applicable.
(3)The minor.
(4)The foster parents or licensed agency providing foster care.
(f)
(g)The projected date of completion of the case plan objectives and the date services will be terminated.
(g)
(h)(1)Scheduled visits between the minor and his or her family and an explanation if no visits are made.
(2)Whether the child has other siblings, and, if any siblings exist, all of the following:
(A)The nature of the relationship between the child and his or her siblings.
(B)The appropriateness of developing or maintaining the sibling relationships pursuant to Section 16002.
(C)If the siblings are not placed together in the same home, why the siblings are not placed together and what efforts are being made to place the siblings together, or why those efforts are not appropriate.
(D)If the siblings are not placed together, all of the following:
(i)The frequency and nature of the visits between the siblings.
(ii)If there are visits between the siblings, whether the visits are supervised or unsupervised. If the visits are supervised, a discussion of the reasons why the visits are supervised, and what needs to be accomplished in order for the visits to be unsupervised.
(iii)If there are visits between the siblings, a description of the location and length of the visits.
(iv)Any plan to increase visitation between the siblings.
(E)The impact of the sibling relationships on the childs placement and planning for legal permanence.
(F)The continuing need to suspend sibling interaction, if applicable, pursuant to subdivision (c) of Section 16002.
(3)The factors the court may consider in making a determination regarding the nature of the childs sibling relationships may include, but are not limited to, whether the siblings were raised together in the same home, whether the siblings have shared significant common experiences or have existing close and strong bonds, whether either sibling expresses a desire to visit or live with his or her sibling, as applicable, and whether ongoing contact is in the childs best emotional interests.
(h)
(i)(1)When placement is made in a foster family home, group home, or other child care institution that is either a substantial distance from the home of the minors parent or legal guardian or out-of-state, the case plan shall specify the reasons why the placement is the most appropriate and is in the best interest of the minor.
(2)When an out-of-state group home placement is recommended or made, the case plan shall comply with Section 727.1 and Section 7911.1 of the Family Code. In addition, documentation of the recommendation of the multidisciplinary team and the rationale for this particular placement shall be included. The case plan shall also address what in-state services or facilities were used or considered and why they were not recommended.
(i)
(j)If applicable, efforts to make it possible to place siblings together, unless it has been determined that placement together is not in the best interest of one or more siblings.
(j)
(k)A schedule of visits between the minor and the probation officer, including a monthly visitation schedule for those children placed in group homes.
(k)
(l)Health and education information about the minor, school records, immunizations, known medical problems, and any known medications the minor may be taking, names and addresses of the minors health and educational providers; the minors grade level performance; assurances that the minors placement in foster care takes into account proximity to the school in which the minor was enrolled at the time of placement; and other relevant health and educational information.
(l)
(m)When out-of-home services are used and the goal is reunification, the case plan shall describe the services that were provided to prevent removal of the minor from the home, those services to be provided to assist in reunification and the services to be provided concurrently to achieve legal permanency if efforts to reunify fail.
(m)
(n)The updated case plan prepared for a permanency planning hearing shall include a recommendation for a permanent plan for the minor. If, after considering reunification, adoptive placement, legal guardianship, or permanent placement with a fit and willing relative the probation officer recommends placement in a planned permanent living arrangement, the case plan shall include documentation of a compelling reason or reasons why termination of parental rights is not in the minors best interest. For purposes of this subdivision, a compelling reason shall have the same meaning as in subdivision (c) of Section 727.3.
(n)
(o)Each updated case plan shall include a description of the services that have been provided to the minor under the plan and an evaluation of the appropriateness and effectiveness of those services.
(o)
(p)A statement that the parent or legal guardian, and the minor have had an opportunity to participate in the development of the case plan, to review the case plan, to sign the case plan, and to receive a copy of the plan, or an explanation about why the parent, legal guardian, or minor was not able to participate or sign the case plan.
(p)
(q)For a minor in out-of-home care who is 16 years of age or older, a written description of the programs and services, which will help the minor prepare for the transition from foster care to independent living.
SEC. 40.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 who 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 minors medical, surgical, and dental care and education as if the relative caretaker were the custodial parent of the minor.
(B)The approved home of a resource family as defined in Section 16519.5.
(C)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.
(D)Commencing January 1, 2017, a minor or nonminor dependent may be placed in a short-term residential treatment center as defined in 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, that provides treatment services.
(D)
(E)With a foster family agency to be placed in a suitable licensed foster family home or certified family home that has been certified by the agency as meeting licensing standards.
(E)
(F)(i)Every minor adjudged a ward of the juvenile court who is residing in a placement as defined in subparagraphs (A) to (D), (E), inclusive, 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 minors 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.
(F)
(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.
(4)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 Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1 of the Government Code, 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 courts 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)When placements are made pursuant to subparagraph (D) of paragraph (3) of subdivision (a) the following shall apply:
(1)A minor may be placed in a short-term residential treatment center provided he or she meets at least one of the following conditions:
(A)The child has been 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)The child has been assessed as having an emotional disturbance pursuant to Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations.
(C)The child has been assessed as requiring the level of services provided to maintain the safety of the child or others due to behaviors that render the child or those around the child unsafe, or that prevent the effective delivery of needed services and supports provided in the childs own home or in other family settings, such as with a relative, guardian, foster family, resource family, or adoptive family. In certain circumstances, this may include the following children:
(i)A commercially or sexually exploited child.
(ii)A juvenile sex offender.
(iii)A child who is affiliated with or impacted by a gang.
(2)A licensed foster family agency, as defined in paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code, which provides treatment services, if he or she meets at least one of the following conditions:
(A)A child who has been 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)A child assessed as having an emotional disturbance pursuant to Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations.
(C)A child who has been assessed as requiring the level of services to meet his or her behavioral or therapeutic needs.
(3)The assessments described in paragraphs (1) and (2) shall be made pursuant to subparagraphs (C) and (D) of paragraph (1) of subdivision (a) of Section 11462.01.
(c)
(d)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)
(e)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) (c), and (d), including orders to appear before a county financial evaluation officer, to ensure the minors 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. 39.SEC. 41.Section 727.1 of the Welfare and Institutions Code is amended to read:727.1.(a)When the court orders the care, custody, and control of the minor to be under the supervision of the probation officer for foster care placement pursuant to subdivision (a) of Section 727, the decision regarding choice of placement shall be based upon selection of a safe setting that is the least restrictive or most family like, and the most appropriate setting that is available and in close proximity to the parents home, consistent with the selection of the environment best suited to meet the minors special needs and best interests. The selection shall consider, in order of priority, placement with relatives, tribal members, and foster family, group care, and residential treatment pursuant to Section 7950 of the Family Code.
(b)Unless otherwise authorized by law, the court may not order the placement of a minor who is adjudged a ward of the court on the basis that he or she is a person described by either Section 601 or 602 in a private residential facility or program that provides 24-hour supervision, outside of the state, unless the court finds, in its order of placement, that all of the following conditions are met:
(1)In-state facilities or programs have been determined to be unavailable or inadequate to meet the needs of the minor.
(2)The State Department of Social Services or its designee has performed initial and continuing inspection of the out-of-state residential facility or program and has either certified that the facility or program meets the greater of all licensure standards required of group homes or of short-term residential treatment centers, centers operated in California, or that the department has granted a waiver to a specific licensing standard upon a finding that there exists no adverse impact to health and safety, pursuant to subdivision (c) of Section 7911.1 of the Family Code.
(3)The requirements of Section 7911.1 of the Family Code are met.
(c)If, upon inspection, the probation officer of the county in which the minor is adjudged a ward of the court determines that the out-of-state facility or program is not in compliance with the standards required under paragraph (2) of subdivision (b) or has an adverse impact on the health and safety of the minor, the probation officer may temporarily remove the minor from the facility or program. The probation officer shall promptly inform the court of the minors removal, and shall return the minor to the court for a hearing to review the suitability of continued out-of-state placement. The probation officer shall, within one business day of removing the minor, notify the State Department of Social Services Compact Administrator, and, within five working days, submit a written report of the findings and actions taken.
(d)The court shall review each of these placements for compliance with the requirements of subdivision (b) at least once every six months.
(e)The county shall not be entitled to receive or expend any public funds for the placement of a minor in an out-of-state group home or short-term residential treatment center, unless the conditions of subdivisions (b) and (d) are met.
SEC. 40.SEC. 42.Section 827.11 is added to the Welfare and Institutions Code, to read:827.11.(a)The Legislature finds and declares all of the following:
(1)It is the intent of the Legislature to ensure quality care for children and youth who are placed in the continuum of foster care settings.
(2)Attracting and retaining quality caregivers is critical to achieving positive outcomes for children, youth, and families, and to ensuring the success of child welfare improvement efforts.
(3)Quality caregivers strengthen foster care by ensuring that a foster or relative family caring for a child provides the loving, committed, and skilled care that the child needs, while working effectively with the child welfare system to reach the childs goals.
(4)Caregivers who are informed of the childs educational, medical, dental, and mental health history and current needs are better able to meet those needs and address the effects of trauma, increasing placement stability and improving permanency outcomes.
(5)Sharing necessary information with the caregiver is a critical component of effective service delivery for children and youth in foster care.
(b)Therefore, consistent with state and federal law, information shall be provided to a caregiver regarding the childs or youths educational, medical, dental, and mental health history and current needs.
(c)This section is declaratory of existing law and is not intended to impose a new program or higher level of service upon any local agency. It is intended, however, that this restatement of existing law should engender a renewed sense of commitment to engaging foster parents in order to provide quality care to children and youth in foster care.
SEC. 41.SEC. 43.Section 831 is added to the Welfare and Institutions Code, to read:831.(a)(1)For purposes of this section, a child and family team means a supportive team that informs the process of placement and services to children and youth in foster care or who are at risk of foster care placement. The child and family team is comprised of the child or youth, the childs family, the caregiver, the placing agency caseworker, a county mental health representative, and a representative of the childs or youths tribe or Indian custodian, as applicable. As appropriate, the child and family team also may include, but is not limited to, behavioral health representatives and other formal supports, such as educational professionals and representatives from other agencies providing services to the child or youth and family. For purposes of this definition, child and family team also may include extended family and informal support persons, such as friends, coaches, faith-based connections, and tribes as identified by the child or youth and family. If placement into a short-term residential treatment center or a foster family agency that provides treatment services has occurred or is being considered, the mental health representative is required to be a licensed mental health professional.
(2)
831.(a)(1)To promote more effective communication needed for the development of a plan to address the needs of the child or youth and family, a person designated as a member of a child and family team pursuant to as defined in paragraph (4) of subdivision (a) of Section 16501 may receive and disclose relevant information and records, subject to the confidentiality provisions described in this section. of state and federal law.
(3)
(2)Information exchanged among the team shall be received in confidence for the limited purpose of providing necessary services and supports to the child or youth and family and shall not be further disclosed except to the juvenile court with jurisdiction over the child or as otherwise required by law. Civil and criminal penalties may apply to the inappropriate disclosure of information held by the team.
(b)When a child or youth and family have been identified as benefiting from the convening of a child and family team, the following shall occur:
(1)The parents or guardians and the child or youth shall be informed of the nature of the team, the expected benefit of convening the team, and the expected outcome of the team.
(2)The parents or guardians and the child or youth shall be informed that they may decline participation in the team.
(3)If the parents or guardians and the child or youth agree to participate in the team, the proposed members of the team shall be identified. The parents or guardians and the child or youth shall be permitted to identify nonprofessionals, such as relatives, nonrelative extended family members, and caregivers or former caregivers, to participate on the team.
(4)All team members shall be fully apprised of the confidentiality requirements of this subdivision prior to participation in the team meetings and shall sign a confidentiality agreement.
(c)
(b)(1)When a child and family team is convened, each participating parent, guardian, child, and youth Each participant in the child and family team with legal power to consent shall be asked to sign an authorization to release information to team members. In the event that a child or youth who is a dependent or ward of the juvenile court does not have the legal power to consent to the release of information, the court is or other authorized to individual may consent on behalf of the child.
(2)Authorization to release information shall be in writing and shall comply with all other applicable state law governing release of medical, mental health, social service, and educational records, and that covers identified team members, including service providers, in order to permit the release of records to the team.
(A)Authorization for the release of medical records may be indicated on a separate form designated for that purpose.
(B)
(3)This authorization shall not include release of adoption records.
(3)All team members from whom an authorization to release information is required shall be informed of the right to refuse to sign, or to limit the scope of, the consent form.
(4)The knowing and informed consent to release information given pursuant to this section shall only be in force for the time that the child or youth, or family, or nonminor dependent, is participating in the child and family team.
(d)(1)
(c)Upon obtaining the authorization to release information as described in subdivision (c), (b), relevant information and records may be shared with members of the team. If the team determines that the disclosure of information would present a reasonable risk of a significant adverse or detrimental effect on the minors psychological or physical safety, the information shall not be released.
(2)To the extent the records were generated as a result of health care services to which the child or youth has the power to consent under state law, release of these records may take place only after the team has received written authorization from the child or youth to release the records.
(e)Before each team meeting, a facilitator shall explain both of the following to the team before information may be exchanged about a particular child, youth, or family:
(1)Information provided by the child, youth, or family may only be exchanged with team members with the express written consent of the family and the child, youth, or person with the legal right to consent on behalf of the child or youth.
(2)Information discussed in the team meetings shall not be disclosed to anyone other than members of the team and juvenile court, unless otherwise required by law. Civil and criminal penalties may apply to the inappropriate disclosure of information held by the team.
(f)Every member of the child and family team who receives information or records on the child or youth and family served by the team shall be under the same privacy and confidentiality obligations as the person disclosing or providing the information or records. The information or records obtained shall be maintained in a manner that ensures the maximum protection of privacy and confidentiality rights.
(g)This section shall not be construed to restrict guarantees of confidentiality provided under federal law.
(h)
(d)Information and records communicated or provided to the team, by all providers, programs, and agencies, as well as information and records created by the team in the course of serving its children, youth, and their families, shall be deemed private and confidential and shall be protected from discovery and disclosure by all applicable statutory and common law. Nothing in this section shall be construed to affect the authority of a health care provider to disclose medical information pursuant to paragraph (1) of subdivision (c) of Section 56.10 of the Civil Code.
(i)
(e)If the child welfare agency files or records, or any portions thereof, are privileged or confidential, pursuant to any other state law, except Section 827, or federal law or regulation, the requirements of that state law or federal law or regulation prohibiting or limiting release of the child welfare agency files or records, or any portions thereof, shall prevail.
(j)
(f)All discussions during team meetings are confidential unless disclosure is required by law. Notwithstanding any other law, testimony concerning any team meeting discussion is not admissible in any criminal or civil proceeding except as provided in paragraph (2) of subdivision (a).
(k)
(g)As used in this section, privileged information means any information subject to a privilege pursuant to Division 8 (commencing with Section 900) of the Evidence Code. Disclosure of otherwise privileged information to team members shall not be construed to waive the privilege.
SEC. 42.SEC. 44.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 Californias 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, 2018.
(d)For the 200102 fiscal year, the 200203 fiscal year, the 200304 fiscal year, and the 200405 fiscal year, community treatment facility programs shall also be paid a community treatment facility supplemental rate of up to two thousand five hundred dollars ($2,500) per child per month on behalf of children eligible under the foster care program and children placed out of home pursuant to an individualized education program developed under Section 7572.5 of the Government Code. Subject to the availability of funds, the supplemental rate shall be shared by the state and the counties. Counties shall be responsible for paying a county share of cost equal to 60 percent of the community treatment rate for children placed by counties in community treatment facilities and the state shall be responsible for 40 percent of the community treatment facility supplemental rate. The community treatment facility supplemental rate is intended to supplement, and not to supplant, the payments for which children placed in community treatment facilities are eligible to receive under the foster care program and the existing programs for mental health services.
(e)For initial ratesetting purposes for community treatment facility funding, the cost of mental health services shall be determined by deducting the foster care rate and the community treatment facility supplemental rate from the total allowable cost of the community treatment facility program. Payments to certified providers for mental health services shall be based on eligible services provided to children who are Medi-Cal beneficiaries, up to the approved federal rate for these services.
(f)The State Department of Health Care Services shall provide the community treatment facility supplemental rates to the counties for advanced payment to the community treatment facility providers in the same manner as the regular foster care payment and within the same required payment time limits.
(g)In order to facilitate the study of the costs of community treatment facilities, licensed community treatment facilities shall provide all documents regarding facility operations, treatment, and placements requested by the department.
(h)It is the intent of the Legislature that the State Department of Health Care Services and the State Department of Social Services work to maximize federal financial participation in funding for children placed in community treatment facilities through funds available pursuant to Titles IV-E and XIX of the federal Social Security Act (Title 42 U.S.C. Sec. 670 et seq. and Sec. 1396 et seq.) and other appropriate federal programs.
(i)The State Department of Health Care Services and the State Department of Social Services may adopt emergency regulations necessary to implement joint protocols for the oversight of community treatment facilities, to modify existing licensing regulations governing reporting requirements and other procedural and administrative mandates to take into account the seriousness and frequency of behaviors that are likely to be exhibited by the seriously emotionally disturbed children who have been assessed as having an emotional disturbance pursuant to Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations 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. 43.SEC. 45.Section 4096 of the Welfare and Institutions Code is amended to read:4096.(a)(1)Interagency collaboration and childrens program services shall be structured in a manner that will facilitate future implementation of the goals of the Childrens Mental Health Services Act.
(2)Components shall be added to state-county performance contracts required in Section 5650 that provide for reports from counties on how this section is implemented.
(3)The department shall develop performance contract components required by paragraph (2).
(4)Performance contracts subject to this section shall document that the procedures to be implemented in compliance with this section have been approved by the county social services department and the county probation department.
(b)Funds specified in subdivision (a) of Section 17601 for services to wards of the court and dependent children of the court shall be allocated and distributed to counties based on the number of wards of the court and dependent children of the court in the county.
(c)A county may utilize funds allocated pursuant to subdivision (b) only if the county has an established and operational interagency placement committee, with a membership that includes at least the county placement agency and a licensed mental health professional from the county department of mental health. If necessary, the funds may be used for costs associated with establishing the interagency placement committee.
(d)Subsequent to the establishment of an interagency placement committee, funds allocated pursuant to subdivision (b) shall be used to provide services to wards of the court and dependent children of the court jointly identified by county mental health, social services, and probation departments as the highest priority. Every effort shall be made to match those funds with funds received pursuant to Title XIX of the federal Social Security Act, contained in Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code.
(e)(1)Each interagency placement committee shall establish procedures whereby a ward of the court or dependent child of the court, or a voluntarily placed child whose placement is funded by the Aid to Families with Dependent Children-Foster Care Program, who is to be placed or is currently placed in a group home program at a rate classification level 13 or rate classification level 14 as specified in Section 11462.01, is assessed as seriously emotionally disturbed, as defined in Section 5600.3 having an emotional disturbance pursuant to Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations and Section 1502.4 of the Health and Safety Code.
(2)The assessment required by paragraph (1) shall also indicate that the child or youth is in need of the care and services provided by that group home program.
(f)The interagency placement committee shall document the results of the assessment required by subdivision (e) and shall notify the appropriate group home provider and county placing agency, in writing, of those results within 10 days of the completion of the assessment.
(g)If the childs or youths placement is not funded by the Aid to Families with Dependent Children-Foster Care Program, a licensed mental health professional, as defined in Sections 629 to 633, inclusive, of Title 9 of the California Code of Regulations, shall certify that the child is seriously emotionally disturbed, as defined in Section 5600.3 assessed as having an emotional disturbance as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations and Section 1502.4 of the Health and Safety Code.
(h)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 44.SEC. 46.Section 4096 is added to the Welfare and Institutions Code, to read:4096.(a)(1)Interagency collaboration and childrens program services shall be structured in a manner that will facilitate implementation of the goals of the Childrens Mental Health Services Act.
(2)Components shall be added to state-county performance contracts required in Section 5650 that provide for reports from counties on how this section is implemented.
(3)The State Department of Health Care Services shall develop performance contract components required by paragraph (2).
(4)Performance contracts subject to this section shall document that the procedures to be implemented in compliance with this section have been approved by the county social services department and the county probation department.
(b)Funds specified in subdivision (a) of Section 17601 for services to wards of the court and dependent children of the court shall be allocated and distributed to counties based on the number of wards of the court and dependent children of the court in the county.
(c)A county may utilize funds allocated pursuant to subdivision (b) only if the county has an established and operational interagency placement committee with a membership that includes at least the county placement agency and a licensed mental health professional from the county department of mental health. If necessary, the funds may be used for costs associated with establishing the interagency placement committee.
(d)Funds allocated pursuant to subdivision (b) shall be used to provide services to wards of the court and dependent children of the court jointly identified by county mental health, social services, and probation departments as the highest priority. Every effort shall be made to match those funds with funds received pursuant to Title XIX of the federal Social Security Act, contained in Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code.
(e)(1)Each interagency placement committee shall establish procedures whereby a ward of the court or dependent child of the court, or a voluntarily placed child whose placement is funded by the Aid to Families with Dependent Children-Foster Care Program, who is to be placed or is currently placed in a short-term residential treatment center or foster family agency that provides treatment services, as specified in Section 11462.01, is assessed as seriously emotionally disturbed, as defined in Section 5600.3 having an emotional disturbance as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations and Section 1502.4 of the Health and Safety Code.
(2)The assessment required by paragraph (1) shall also indicate that the child is in need of the care and services provided by a short-term residential center or foster family agency that provides treatment services.
(3)In lieu of an assessment by the interagency placement committee required under paragraph (1), a child and family team, as defined in Section 831, paragraph (4) of subdivision (a) of Section 16501, may utilize an assessment by a licensed mental health professional that was developed consistent with procedures established by the county under paragraph (1). Nothing in this paragraph shall prohibit the child and family team from considering an assessment provided by an interagency placement committee.
(f)The interagency placement committee or the child and family team, as appropriate, shall document the results of the assessment required by subdivision (e) and shall notify the appropriate provider in writing, of those results within 10 days of the completion of the assessment.
(g)If the childs or youths placement is not funded by the Aid to Families with Dependent Children-Foster Care Program, a licensed mental health professional shall certify that the child is seriously emotionally disturbed, as defined in Section 5600.3 and Section 1502.4 of the Health and Safety Code. has been assessed as having an emotional disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations.
(h)This section shall become operative on January 1, 2017.
SEC. 45.SEC. 47.Section 4096.1 is added to the Welfare and Institutions Code, to read:4096.1.(a)(1)Interagency collaboration and childrens program services shall be structured in a manner that will facilitate future implementation of the goals of the Childrens Mental Health Services Act.
(2)Components shall be added to state-county performance contracts required in Section 5650 that provide for reports from counties on how this section is implemented.
(3)The department shall develop performance contract components required by paragraph (2).
(4)Performance contracts subject to this section shall document that the procedures to be implemented in compliance with this section have been approved by the county social services department and the county probation department.
(b)Funds specified in subdivision (a) of Section 17601 for services to wards of the court and dependent children of the court shall be allocated and distributed to counties based on the number of wards of the court and dependent children of the court in the county.
(c)A county may utilize funds allocated pursuant to subdivision (b) only if the county has an established and operational interagency placement committee, with a membership that includes at least the county placement agency and a licensed mental health professional from the county department of mental health. If necessary, the funds may be used for costs associated with establishing the interagency placement committee.
(d)Subsequent to the establishment of an interagency placement committee, funds allocated pursuant to subdivision (b) shall be used to provide services to wards of the court and dependent children of the court jointly identified by county mental health, social services, and probation departments as the highest priority. Every effort shall be made to match those funds with funds received pursuant to Title XIX of the federal Social Security Act, contained in Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code.
(e)(1)Each interagency placement committee shall establish procedures whereby a ward of the court or dependent child of the court, or a voluntarily placed child whose placement is funded by the Aid to Families with Dependent Children-Foster Care Program, who is to be placed or is currently placed in a group home program at a rate classification level 13 or rate classification level 14 as specified in Section 11462.001, is assessed as seriously emotionally disturbed, as defined in Section 5600.3 and Section 1502.45 of the Health and Safety Code. having an emotional disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations.
(2)The assessment required by paragraph (1) shall also indicate that the child or youth is in need of the care and services provided by that group home program.
(f)The interagency placement committee shall document the results of the assessment required by subdivision (e) and shall notify the appropriate group home provider and county placing agency, in writing, of those results within 10 days of the completion of the assessment.
(g)If the childs or youths placement is not funded by the Aid to Families with Dependent Children-Foster Care Program, a licensed mental health professional, as defined in Sections 629 to 633, inclusive, of Title 9 of the California Code of Regulations, shall certify that the child is seriously emotionally disturbed, as defined in Section 5600.3 and Section 1502.45 of the Health and Safety Code. has been assessed as having an emotional disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations.
(h)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.
(i)This section shall become operative on January 1, 2017.
(j)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 46.SEC. 48.Section 4096.5 of the Welfare and Institutions Code is amended to read:4096.5.(a)The State Department of Health Care Services shall make a determination, within 45 days of receiving a request from a group home to be classified at RCL 13 or RCL 14 pursuant to Section 11462.01, to certify or deny certification that the group home program includes provisions for mental health treatment services that meet the needs of seriously emotionally disturbed children. children who have been assessed as having an emotional disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations. The department shall issue each certification for a period of one year and shall specify the effective date the program met the certification requirements. A program may be recertified if the program continues to meet the criteria for certification.
(b)The State Department of Health Care Services shall, in consultation with the California Mental Behavioral Health Directors Association and representatives of provider organizations, develop the criteria for the certification required by subdivision (a) by July 1, 1992.
(c)(1)The State Department of Health Care Services may, upon the request of a county, delegate to that county the certification task.
(2)Any county to which the certification task is delegated pursuant to paragraph (1) shall use the criteria and format developed by the department.
(d)The State Department of Health Care Services or delegated county shall notify the State Department of Social Services Community Care Licensing Division immediately upon the termination of any certification issued in accordance with subdivision (a).
(e)Upon receipt of notification from the State Department of Social Services Community Care Licensing Division of any adverse licensing action taken after the finding of noncompliance during an inspection conducted pursuant to Section 1538.7 of the Health and Safety Code, the State Department of Health Care Services or the delegated county shall review the certification issued pursuant to this section.
(f)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 47.SEC. 49.Section 4096.5 is added to the Welfare and Institutions Code, to read:4096.5.(a)All short-term residential treatment centers, and all foster family agencies that provide intensive treatment services as described in Section 11462.01, shall obtain and have in good standing a mental health certification issued by the State Department of Health Care Services or a county to which the department has delegated certification authority. This certification is a condition for receiving an Aid to Families with Dependent Children-Foster Care rate pursuant to Section 11462.015.
(b)The State Department of Health Care Services or a county to which the department has delegated certification authority shall certify or deny certification within 45 days of receiving a certification request. The State Department of Health Care Services or a county to which the department has delegated certification authority shall issue each certification for a period of one year and shall specify the effective date that the program met the program standards. Certified entities shall meet all program standards to be recertified.
(c)Pursuant to Section 11462.25, the State Department of Health Care Services shall promulgate regulations regarding program standards, oversight, enforcement, and due process for the mental health certification of short-term residential treatment centers and foster family agencies that provide intensive or therapeutic treatment services.
(d)(1)Except for certification of short-term residential treatment centers or foster family agencies operated by a county, the State Department of Health Care Services may, upon the request of a county, delegate to that county the certification of short-term residential treatment centers and foster family agencies within its borders.
(2)Any county to which certification is delegated pursuant to paragraph (1) shall be responsible for the oversight and enforcement of program standards and the provision of due process for certified entities.
(e)The State Department of Health Care Services or a county to which the department has delegated certification authority shall notify the State Department of Social Services immediately upon the termination of any certification issued in accordance with subdivisions (a) and (b).
(f)The State Department of Social Services shall notify the State Department of Health Care Services or a county to which the department has delegated certification authority immediately upon the revocation of any license issued pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code.
(g)This section shall become operative on January 1, 2017.
SEC. 48.SEC. 50.Section 4096.55 is added to the Welfare and Institutions Code, to read:4096.55.(a)The State Department of Health Care Services shall make a determination, within 45 days of receiving a request from a group home to be classified at rate classification level 13 or rate classification level 14 pursuant to Section 11462.015, to certify or deny certification that the group home program includes provisions for mental health treatment services that meet the needs of seriously emotionally disturbed children. children who have been assessed as having an emotional disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations. The department shall issue each certification for a period of one year and shall specify the effective date the program met the certification requirements. A program may be recertified if the program continues to meet the criteria for certification.
(b)The State Department of Health Care Services shall, in consultation with the California Mental Behavioral Health Directors Association and representatives of provider organizations, develop the criteria for the certification required by subdivision (a).
(c)(1)The State Department of Health Care Services may, upon the request of a county, delegate to that county the certification task.
(2)Any county to which the certification task is delegated pursuant to paragraph (1) shall use the criteria and format developed by the department.
(d)The State Department of Health Care Services or delegated county shall notify the State Department of Social Services Community Care Licensing Division immediately upon the termination of any certification issued in accordance with subdivision (a).
(e)Upon receipt of notification from the State Department of Social Services Community Care Licensing Division of any adverse licensing action taken after the finding of noncompliance during an inspection conducted pursuant to Section 1538.7 of the Health and Safety Code, the State Department of Health Care Services or the delegated county shall review the certification issued pursuant to this section.
(f)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 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.
(g)This section shall become operative on January 1, 2017.
(h)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 49.SEC. 51.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 childs needs. It shall also include the agencys 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 childs family, and the foster parents, in order to meet the childs needs while in foster care, and to reunify the child with the childs family. In addition, the plan shall specify the services that will be provided or steps that will be taken to facilitate an alternate permanent plan if reunification is not possible.
(c)Certified family home means a family residence certified by a licensed foster family agency and issued a certificate of approval by that agency as meeting licensing standards, and used only by that foster family agency for placements.
(d)Family home means the family residence of a licensee in which 24-hour care and supervision are provided for children.
(e)Small family home means any residential facility, in the licensees family residence, which provides 24-hour care for six or fewer foster children who have mental disorders or developmental or physical disabilities and who require special care and supervision as a result of their disabilities.
(f)Foster care means the 24-hour out-of-home care provided to children whose own families are unable or unwilling to care for them, and who are in need of temporary or long-term substitute parenting.
(g)Foster family agency means any individual or organization engaged in the recruiting, certifying, and training of, and providing professional support to, foster parents, or in finding homes or other places for placement of children for temporary or permanent care who require that level of care as an alternative to a group home. care. 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 childs 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 childs return home or establishment of alternative permanent placement.
(j)Permanency planning hearing means a hearing conducted by the juvenile court in which the childs 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 childs placement; or to the responsibility designated to an individual by virtue of his or her being appointed the childs 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 members 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 nonminors 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 nonminors and social workers or probation officers 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 dependents 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 childs case plan submitted for the last review hearing held before he or she reaches 18 years of age or the nonminor dependents 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 nonminors appropriate supervised placement setting, and the nonminors 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 nonminors 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 nonminors 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 nonminors agreement to work collaboratively with the placing agency to develop his or her transitional independent living case plan within 60 days of reentry, the nonminors agreement to report any changes of circumstances relevant to continued eligibility for foster care payments, and (1) the nonminors 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 agencys 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 nonminors 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 courts transition jurisdiction under Section 450.
(ad)Short-term residential treatment center means a 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 childs or youths case plan specifies the need for, nature of, and anticipated duration of this specialized treatment.
(ae)Resource family means a placement, as defined in subdivision (c) of Section 16519.5.
SEC. 50.SEC. 52.Section 11402 of the Welfare and Institutions Code is amended to read:11402.In order to be eligible for AFDC-FC, a child or nonminor dependent shall be placed in one of the following:
(a)The approved home of a relative, provided the child or youth is otherwise eligible for federal financial participation in the AFDC-FC payment.
(b)(1)The licensed family home of a nonrelative.
(2)The approved home of a nonrelative extended family member as described in Section 362.7.
(c)The approved home of a resource family as defined in Section 16519.5.
(d)A licensed group home, as defined in subdivision (h) of Section 11400, excluding a runaway and homeless youth shelter as defined in subdivision (ab) of Section 11400, provided that the placement worker has documented that the placement is necessary to meet the treatment needs of the child 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)An exclusive-use home.
(g)A housing model certified by a licensed transitional housing placement provider as described in Section 1559.110 of the Health and Safety Code and as defined in subdivision (r) of Section 11400.
(h)An out-of-state group home, provided that the placement worker, in addition to complying with all other statutory requirements for placing a minor in an out-of-state group home, documents that the requirements of Section 7911.1 of the Family Code have been met.
(i)An approved supervised independent living setting for nonminor dependents, as defined in subdivision (w) of Section 11400.
(j)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 51.SEC. 53.Section 11402 is added to the Welfare and Institutions Code, to read:11402.In order to be eligible for AFDC-FC, a child or nonminor dependent shall be placed in one of the following:
(a)The approved home of a relative, provided the child or youth is otherwise eligible for federal financial participation in the AFDC-FC payment.
(b)(1)The home of a nonrelated legal guardian or the home of a former nonrelated legal guardian when the guardianship of a child or youth who is otherwise eligible for AFDC-FC has been dismissed due to the child or youth attaining 18 years of age.
(2)The approved home of a nonrelative extended family member, as described in Section 362.7.
(c)(1)The licensed family home of a nonrelative.
(2)The approved home of a resource family, as defined in Section 16519.5.
(3)A licensed foster family agency for placement into a nontreatment foster home, provided that the program has accreditation from a nationally recognized entity identified by the State Department of Social Services pursuant to the process described in paragraph (8) of subdivision (b) of Section 11463.
(d)(1)A housing model certified by a licensed transitional housing placement provider, as described in Section 1559.110 of the Health and Safety Code, and as defined in subdivision (r) of Section 11400.
(2)An approved supervised independent living setting for nonminor dependents, as defined in subdivision (w) of Section 11400.
(e)A licensed foster family agency for placement into a treatment foster home, provided that all of the following apply:
(1)The program has accreditation from a nationally recognized entity identified by the State Department of Social Services pursuant to the process described in paragraph (8) of subdivision (b) of Section 11463.
(2)The program has a mental health certificate pursuant to Section 11462.015.
(3)The placement worker has documented in the childs or youths case plan the need for, nature of, and anticipated duration of this specialized treatment to meet the treatment needs of the child or youth and that the facility offers those treatment services.
(f)A short-term residential treatment center licensed as a community care facility, as defined in subdivision (ad) of Section 11400, provided that all of the following apply:
(1)The program has a national accreditation from an entity selected by the State Department of Social Services pursuant to the process described in paragraph (4) of subdivision (b) of Section 11462.
(2)The program has a mental health certificate pursuant to Section 11462.015.
(3)The placement worker has documented in the childs or youths case plan the need for, nature of, and anticipated duration of this specialized treatment to meet the treatment needs of the child or youth and that the facility offers those treatment services.
(g)An out-of-state group home that meets the equivalent of the requirements of paragraphs (1), (2), and (3) of subdivision (f), provided that the placement worker, in addition to complying with all other statutory requirements for placing a minor in an out-of-state group home, documents that the requirements of Section 7911.1 of the Family Code have been met.
(h)A community treatment facility set forth in Article 5 (commencing with Section 4094) of Chapter 3 of Part 1 of Division 4.
(i)This section shall become operative on January 1, 2017.
SEC. 52.SEC. 54.Section 11402.01 is added to the Welfare and Institutions Code, immediately following Section 11402, to read:11402.01.In order to be eligible for AFDC-FC, a child or nonminor dependent shall be placed in one of the following:
(a)The approved home of a relative, provided the child or youth is otherwise eligible for federal financial participation, as defined in Section 11402.1, in the AFDC-FC payment.
(b)(1)The licensed family home of a nonrelative.
(2)The approved home of a nonrelative extended family member as described in Section 362.7.
(c)The approved home of a resource family as defined in Section 16519.5.
(d)A licensed group home, as defined in subdivision (h) of Section 11400, excluding a runaway and homeless youth shelter as defined in subdivision (ab) of Section 11400, provided that the placement worker has documented that the placement is necessary to meet the treatment needs of the child 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)An exclusive-use home.
(g)A housing model certified by a licensed transitional housing placement provider as described in Section 1559.110 of the Health and Safety Code and as defined in subdivision (r) of Section 11400.
(h)An out-of-state group home, provided that the placement worker, in addition to complying with all other statutory requirements for placing a minor in an out-of-state group home, documents that the requirements of Section 7911.1 of the Family Code have been met.
(i)An approved supervised independent living setting for nonminor dependents, as defined in subdivision (w) of Section 11400.
(j)This section shall 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, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 53.SEC. 55.Section 11403.2 of the Welfare and Institutions Code is amended to read:11403.2.(a)The following persons shall be eligible for transitional housing provided pursuant to Article 4 (commencing with Section 16522) of Chapter 5 of Part 4:
(1)Any foster child at least 16 years of age and not more than 18 years of age, and, on or after January 1, 2012, any nonminor dependent, as defined in subdivision (v) of Section 11400, who is eligible for AFDC-FC benefits as described in Section 11401. A foster child under 18 years of age shall be eligible for placement in the program certified as a Transitional Housing Placement Program, pursuant to paragraph (1) of subdivision (a) of Section 16522.1. A nonminor dependent shall be eligible for placement in the program certified as a Transitional Housing Placement-Plus Foster Care Program pursuant to paragraph (2) of subdivision (a) of Section 16522.1.
(2)(A)Any former foster youth at least 18 years of age and, except as provided in subparagraph (B), not more than 24 years of age who has exited from the foster care system on or after his or her 18th birthday and elects to participate in Transitional Housing Program-Plus, as defined in subdivision (s) of Section 11400, if he or she has not received services under this paragraph for more than a total of 24 months, whether or not consecutive. If the person participating in a Transitional Housing Program-Plus is not receiving aid under Section 11403.1, he or she, as a condition of participation, shall enter into, and execute the provisions of, a transitional independent living plan that shall be mutually agreed upon, and annually reviewed, by the former foster youth and the applicable county welfare or probation department or independent living program coordinator. The person participating under this paragraph shall inform the county of any changes to conditions specified in the agreed-upon plan that affect eligibility, including changes in address, living circumstances, and the educational or training program.
(B)A county may, at its option, extend the services provided under subparagraph (A) to former foster youth not more than 25 years of age, and for a total of 36 months, whether or not consecutive, if the former foster youth, in addition to the requirements specified in subparagraph (A), meets either of the following criteria:
(i)The former foster youth is completing secondary education or a program leading to an equivalent credential.
(ii)The former foster youth is enrolled in an institution that provides postsecondary education.
(b)Payment on behalf of an eligible person receiving transitional housing services pursuant to paragraph (1) of subdivision (a) shall be made to the transitional housing placement provider pursuant to the conditions and limitations set forth in Section 11403.3. Notwithstanding Section 11403.3, the department, in consultation with concerned stakeholders, including, but not limited to, representatives of the Legislature, the County Welfare Directors Association of California, the Chief Probation Officers of California, the Judicial Council, representatives of Indian tribes, the California Youth Connection, former foster youth, child advocacy organizations, labor organizations, juvenile justice advocacy organizations, foster caregiver organizations, researchers, and transitional housing placement providers, shall convene a workgroup to establish a new rate structure for the Title IV-E funded THP-Plus Foster Care placement option for nonminor dependents. The workgroup shall also consider application of this new rate structure to the Transitional Housing Program-Plus, as described in paragraph (2) of subdivision (a) of Section 11403.3. In developing the new rate structure pursuant to this subdivision, the department shall consider the average rates in effect and being paid by counties to current transitional housing placement providers.
(c)The Legislature finds and declares that this subdivision was added in 2015 to clearly codify the requirement of existing law regarding the payment made on behalf of an eligible person receiving transitional housing services. The workgroup described in subdivision (b) recommended, and the department subsequently implemented, an annual adjustment to the payment made on behalf of an eligible person receiving transitional housing services. This annual adjustment has been, and shall continue to be, equal to the California Necessities Index applicable to each fiscal year. The Legislature hereby codifies that its intent remains in making this annual adjustment to support the care and supervision, including needed services and supports, for nonminor dependents who are receiving transitional housing services through the THP-Plus Foster Care Program.
SEC. 54.SEC. 56.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 childs personal incidentals, liability insurance with respect to a child, reasonable travel to the childs 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.
(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 both of the following:
(A)Submitted a rate application to the department and received a determination of the level of financial participation in the rate paid.
(i)The level of financial participation shall not exceed the current fiscal years standard rate for rate classification level 14 for a group home; or, commencing January 1, 2017, for a short-term residential treatment center.
(ii)The level of financial participation shall not exceed the rate determined by the ratesetting authority of the state in which the facility is located.
(B)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 countys 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. 55.SEC. 57.Section 11461.2 of the Welfare and Institutions Code is amended to read:11461.2.(a)It is the intent of the Legislature to ensure quality care for children who are placed in the continuum of AFDC-FC eligible placement settings.
(b)The State Department of Social Services shall establish, in consultation with county welfare departments and other stakeholders, as appropriate, a working group to develop recommended revisions to the current ratesetting system, services, and programs serving children and families in the continuum of AFDC-FC eligible placement settings including, at a minimum, all programs provided by foster family agencies and group homes including those providing residentially-based residentially based services, as defined in paragraph (1) of subdivision (a) of Section 18987.71.
(c)In developing the recommended revisions identified in subdivision (b), the working group shall consider all of the following:
(1)How ratesetting systems for foster care providers, including, at least, foster family agencies and group homes, can better support a continuum of programs and services that promote positive outcomes for children and families. This may include a process for matching the childs strengths and needs to the appropriate placement setting.
(2)How the provision of an integrated, comprehensive set of services including mental health and other critical services for children and youth support the achievement of well-being, permanency, and safety outcomes.
(3)How to ensure the provision of services in family-like settings including after care aftercare services, when appropriate.
(4)How to provide outcome-based evaluations of foster care providers or other methods of measuring quality improvement including measures of youth and families satisfaction with services provided and program effectiveness.
(5)How changes in the licensing, ratesetting, and auditing processes can improve the quality of foster care providers, the quality of services and programs provided, and enhance the oversight of care provided to children, including, but not limited to, accreditation, administrator qualifications, and the reassignment of these responsibilities within the department.
(d)In addition to the considerations in subdivision (c), the workgroup recommendations shall be based on the review and evaluation of the current ratesetting systems, actual cost data, and information from the provider community as well as research on other applicable ratesetting methodologies, evidenced-based evidence-based practices, information developed as a result of pilots approved by the director, and any other relevant information.
(e)(1)The workgroup shall develop the content, format, and data sources for reports to be posted by the department on a public Internet Web site describing the outcomes achieved by providers with foster care rates set by the department.
(2)Commencing January 1, 2017, and at least annually after that date, the department shall publish and make available on a public Internet Web site, short-term residential treatment center and foster family agency provider performance indicators.
(f)(1)Recommendations developed pursuant to this section shall include the plan required under subdivision (d) of Section 18987.7. Updates regarding the workgroups establishment and its progress toward meeting the requirements of this section shall be provided to the Legislature during 201213 and 201314 budget hearings. The revisions recommended pursuant to the requirements of subdivision (b) shall be submitted in a report to the appropriate policy and fiscal committees of the Legislature by October 1, 2014.
(2)The requirement for submitting a report pursuant to this subdivision is inoperative on October 1, 2018, pursuant to Section 10231.5 of the Government Code.
(g)The department shall retain the authority to extend the workgroup after October 1, 2014, to ensure that the objectives of this section are met and to reconvene this workgroup as necessary to address any future recommended changes to the continuum of AFDC-FC eligible placement settings pursuant to this section.
SEC. 56.SEC. 58.Section 11462 of the Welfare and Institutions Code is amended to read:11462.(a)(1)Effective July 1, 1990, foster care providers licensed as group homes, as defined in departmental regulations, including public child care institutions, as defined in Section 11402.5, shall have rates established by classifying each group home program and applying the standardized schedule of rates. The department shall collect information from group providers beginning January 1, 1990, in order to classify each group home program.
(2)Notwithstanding paragraph (1), foster care providers licensed as group homes shall have rates established only if the group home is organized and operated on a nonprofit basis as required under subdivision (h) of Section 11400. The department shall terminate the rate effective January 1, 1993, of any group home not organized and operated on a nonprofit basis as required under subdivision (h) of Section 11400.
(3)(A)The department shall determine, consistent with the requirements of this chapter and other relevant requirements under law, the rate classification level (RCL) for each group home program on a biennial basis. Submission of the biennial rate application shall be made according to a schedule determined by the department.
(B)The department shall adopt regulations to implement this paragraph. The adoption, amendment, repeal, or readoption of a regulation authorized by this paragraph is deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement to describe specific facts showing the need for immediate action.
(b)A group home program shall be initially classified, for purposes of emergency regulations, according to the level of care and services to be provided using a point system developed by the department and described in the report, The Classification of Group Home Programs under the Standardized Schedule of Rates System, prepared by the State Department of Social Services, August 30, 1989.
(c)The rate for each RCL has been determined by the department with data from the AFDC-FC Group Home Rate Classification Pilot Study. The rates effective July 1, 1990, were developed using 1985 calendar year costs and reflect adjustments to the costs for each fiscal year, starting with the 198687 fiscal year, by the amount of the California Necessities Index computed pursuant to the methodology described in Section 11453. The data obtained by the department using 1985 calendar year costs shall be updated and revised by January 1, 1993.
(d)As used in this section, standardized schedule of rates means a listing of the 14 rate classification levels, and the single rate established for each RCL.
(e)Except as specified in paragraph (1), the department shall determine the RCL for each group home program on a prospective basis, according to the level of care and services that the group home operator projects will be provided during the period of time for which the rate is being established.
(1)(A)(i)For new and existing providers requesting the establishment of an RCL, and for existing group home programs requesting an RCL increase, the department shall determine the RCL no later than 13 months after the effective date of the provisional rate. The determination of the RCL shall be based on a program audit of documentation and other information that verifies the level of care and supervision provided by the group home program during a period of the two full calendar months or 60 consecutive days, whichever is longer, preceding the date of the program audit, unless the group home program requests a lower RCL. The program audit shall not cover the first six months of operation under the provisional rate.
(ii)For audit purposes, if the group home program serves a mixture of AFDC-FC eligible and ineligible children, the weighted hours for child care and social work services provided and the capacity of the group home shall be adjusted by the ratio of AFDC-FC eligible children to all children in placement.
(iii)Pending the departments issuance of the program audit report that determines the RCL for the group home program, the group home program shall be eligible to receive a provisional rate that shall be based on the level of care and service that the group home program proposes it will provide. The group home program shall be eligible to receive only the RCL determined by the department during the pendency of any appeal of the departments RCL determination.
(B)A group home program may apply for an increase in its RCL no earlier than two years from the date the department has determined the group home programs rate, unless the host county, the primary placing county, or a regional consortium of counties submits to the department in writing that the program is needed in that county, that the provider is capable of effectively and efficiently operating the proposed program, and that the provider is willing and able to accept AFDC-FC children for placement who are determined by the placing agency to need the level of care and services that will be provided by the program.
(C)To ensure efficient administration of the departments audit responsibilities, and to avoid the fraudulent creation of records, group home programs shall make records that are relevant to the RCL determination available to the department in a timely manner. Except as provided in this section, the department may refuse to consider, for purposes of determining the rate, any documents that are relevant to the determination of the RCL that are not made available by the group home provider by the date the group home provider requests a hearing on the departments RCL determination. The department may refuse to consider, for purposes of determining the rate, the following records, unless the group home provider makes the records available to the department during the fieldwork portion of the departments program audit:
(i)Records of each employees full name, home address, occupation, and social security number.
(ii)Time records showing when the employee begins and ends each work period, meal periods, split shift intervals, and total daily hours worked.
(iii)Total wages paid each payroll period.
(iv)Records required to be maintained by licensed group home providers under Title 22 of the California Code of Regulations that are relevant to the RCL determination.
(D)To minimize financial abuse in the startup of group home programs, when the departments RCL determination is more than three levels lower than the RCL level proposed by the group home provider, and the group home provider does not appeal the departments RCL determination, the department shall terminate the rate of a group home program 45 days after issuance of its program audit report. When the group home provider requests a hearing on the departments RCL determination, and the RCL determined by the director under subparagraph (E) is more than three levels lower than the RCL level proposed by the group home provider, the department shall terminate the rate of a group home program within 30 days of issuance of the directors decision. Notwithstanding the reapplication provisions in subparagraph (B), the department shall deny any request for a new or increased RCL from a group home provider whose RCL is terminated pursuant to this subparagraph, for a period of no greater than two years from the effective date of the RCL termination.
(E)A group home provider may request a hearing of the departments RCL determination under subparagraph (A) no later than 30 days after the date the department issues its RCL determination. The departments RCL determination shall be final if the group home provider does not request a hearing within the prescribed time. Within 60 days of receipt of the request for hearing, the department shall conduct a hearing on the RCL determination. The standard of proof shall be the preponderance of the evidence and the burden of proof shall be on the department. The hearing officer shall issue the proposed decision within 45 days of the close of the evidentiary record. The director shall adopt, reject, or modify the proposed decision, or refer the matter back to the hearing officer for additional evidence or findings within 100 days of issuance of the proposed decision. If the director takes no action on the proposed decision within the prescribed time, the proposed decision shall take effect by operation of law.
(2)Group home programs that fail to maintain at least the level of care and services associated with the RCL upon which their rate was established shall inform the department. The department shall develop regulations specifying procedures to be applied when a group home fails to maintain the level of services projected, including, but not limited to, rate reduction and recovery of overpayments.
(3)The department shall not reduce the rate, establish an overpayment, or take other actions pursuant to paragraph (2) for any period that a group home program maintains the level of care and services associated with the RCL for children actually residing in the facility. Determinations of levels of care and services shall be made in the same way as modifications of overpayments are made pursuant to paragraph (2) of subdivision (b) of Section 11466.2.
(4)A group home program that substantially changes its staffing pattern from that reported in the group home program statement shall provide notification of this change to all counties that have placed children currently in care. This notification shall be provided whether or not the RCL for the program may change as a result of the change in staffing pattern.
(f)(1)The standardized schedule of rates for the 200203, 200304, 200405, 200506, 200607, and 200708 fiscal years is:
FY 200203, 200304, 200405, 200506, 200607, and 200708 | ||
Rate Classification Level | Point ranges Ranges | Standard Rate |
1 | Under 60 | $1,454 |
2 | 6089 | 1,835 |
3 | 90119 | 2,210 |
4 | 120149 | 2,589 |
5 | 150179 | 2,966 |
6 | 180209 | 3,344 |
7 | 210239 | 3,723 |
8 | 240269 | 4,102 |
9 | 270299 | 4,479 |
10 | 300329 | 4,858 |
11 | 330359 | 5,234 |
12 | 360389 | 5,613 |
13 | 390419 | 5,994 |
14 | 420 & Up | 6,371 |
(2)(A)For group home programs that receive AFDC-FC payments for services performed during the 200203, 200304, 200405, 200506, 200607, 200708, 200809, and 200910 fiscal years, the adjusted RCL point ranges below shall be used for establishing the biennial rates for existing programs, pursuant to paragraph (3) of subdivision (a) and in performing program audits and in determining any resulting rate reduction, overpayment assessment, or other actions pursuant to paragraph (2) of subdivision (e):
Adjusted Point Ranges for the 200203, 200304, | |
Rate Classification Level | 200405, 200506, 200607, 200708, 200809, and 200910 Fiscal Years |
1 | Under 54 |
2 | 5481 |
3 | 82110 |
4 | 111138 |
5 | 139167 |
6 | 168195 |
7 | 196224 |
8 | 225253 |
9 | 254281 |
10 | 282310 |
11 | 311338 |
12 | 339367 |
13 | 368395 |
14 | 396 & Up |
(B)Notwithstanding subparagraph (A), foster care providers operating group homes during the 200203, 200304, 200405, 200506, 200607, 200708, 200809, and 200910 fiscal years shall remain responsible for ensuring the health and safety of the children placed in their programs in accordance with existing applicable provisions of the Health and Safety Code and community care licensing regulations, as contained in Title 22 of the California Code of Regulations.
(C)Subparagraph (A) shall not apply to program audits of group home programs with provisional rates established pursuant to paragraph (1) of subdivision (e). For those program audits, the RCL point ranges in paragraph (1) shall be used.
(D)Rates applicable for the 200910 fiscal year pursuant to the act that adds this subparagraph shall be effective October 1, 2009.
(3)(A)For group home programs that receive AFDC-FC payments for services performed during the 200910 fiscal year the adjusted RCL point ranges below shall be used for establishing the biennial rates for existing programs, pursuant to paragraph (3) of subdivision (a) and in performing program audits and in determining any resulting rate reduction, overpayment assessment, or other actions pursuant to paragraph (2) of subdivision (e):
Rate | Adjusted Point Ranges |
|---|---|
Classification | for the 200910 |
Level | Fiscal Years |
1 | Under 39 |
2 | 3964 |
3 | 6590 |
4 | 91115 |
5 | 116141 |
6 | 142167 |
7 | 168192 |
8 | 193218 |
9 | 219244 |
10 | 245270 |
11 | 271295 |
12 | 296321 |
13 | 322347 |
14 | 348 & Up |
(B)Notwithstanding subparagraph (A), foster care providers operating group homes during the 200910 fiscal year shall remain responsible for ensuring the health and safety of the children placed in their programs in accordance with existing applicable provisions of the Health and Safety Code and community care licensing regulations as contained in Title 22 of the California Code of Regulations.
(C)Subparagraph (A) shall not apply to program audits of group home programs with provisional rates established pursuant to paragraph (1) of subdivision (e). For those program audits, the RCL point ranges in paragraph (1) shall be used.
(g)(1)(A)For the 19992000 fiscal year, the standardized rate for each RCL shall be adjusted by an amount equal to the California Necessities Index computed pursuant to the methodology described in Section 11453. The resultant amounts shall constitute the new standardized schedule of rates, subject to further adjustment pursuant to subparagraph (B).
(B)In addition to the adjustment in subparagraph (A), commencing January 1, 2000, the standardized rate for each RCL shall be increased by 2.36 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new standardized schedule of rates.
(2)Beginning with the 200001 fiscal year, the standardized schedule of rates shall be adjusted annually by an amount equal to the CNI computed pursuant to Section 11453, subject to the availability of funds. The resultant amounts shall constitute the new standardized schedule of rates.
(3)Effective January 1, 2001, the amount included in the standard rate for each Rate Classification Level (RCL) for the salaries, wages, and benefits for staff providing child care and supervision or performing social work activities, or both, shall be increased by 10 percent. This additional funding shall be used by group home programs solely to supplement staffing, salaries, wages, and benefit levels of staff specified in this paragraph. The standard rate for each RCL shall be recomputed using this adjusted amount and the resultant rates shall constitute the new standardized schedule of rates. The department may require a group home receiving this additional funding to certify that the funding was utilized in accordance with the provisions of this section.
(4)Effective January 1, 2008, the amount included in the standard rate for each RCL for the wages for staff providing child care and supervision or performing social work activities, or both, shall be increased by 5 percent, and the amount included for the payroll taxes and other employer-paid benefits for these staff shall be increased from 20.325 percent to 24 percent. The standard rate for each RCL shall be recomputed using these adjusted amounts, and the resulting rates shall constitute the new standardized schedule of rates.
(5)The new standardized schedule of rates as provided for in paragraph (4) shall be reduced by 10 percent, effective October 1, 2009, and the resulting rates shall constitute the new standardized schedule of rates.
(6)The rates of licensed group home providers, whose rates are not established under the standardized schedule of rates, shall be reduced by 10 percent, effective October 1, 2009.
(h)The standardized schedule of rates pursuant to subdivisions (f) and (g) shall be implemented as follows:
(1)Any group home program that received an AFDC-FC rate in the prior fiscal year at or above the standard rate for the RCL in the current fiscal year shall continue to receive that rate.
(2)Any group home program that received an AFDC-FC rate in the prior fiscal year below the standard rate for the RCL in the current fiscal year shall receive the RCL rate for the current year.
(i)(1)The department shall not establish a rate for a new program of a new or existing provider, or for an existing program at a new location of an existing provider, unless the provider submits a letter of recommendation from the host county, the primary placing county, or a regional consortium of counties that includes all of the following:
(A)That the program is needed by that county.
(B)That the provider is capable of effectively and efficiently operating the program.
(C)That the provider is willing and able to accept AFDC-FC children for placement who are determined by the placing agency to need the level of care and services that will be provided by the program.
(D)That, if the letter of recommendation is not being issued by the host county, the primary placing county has notified the host county of its intention to issue the letter and the host county was given the opportunity of 30 days to respond to this notification and to discuss options with the primary placing county.
(2)The department shall encourage the establishment of consortia of county placing agencies on a regional basis for the purpose of making decisions and recommendations about the need for, and use of, group home programs and other foster care providers within the regions.
(3)The department shall annually conduct a county-by-county survey to determine the unmet placement needs of children placed pursuant to Section 300 and Section 601 or 602, and shall publish its findings by November 1 of each year.
(j)The department shall develop regulations specifying ratesetting procedures for program expansions, reductions, or modifications, including increases or decreases in licensed capacity, or increases or decreases in level of care or services.
(k)For the purpose of this subdivision, program change means any alteration to an existing group home program planned by a provider that will increase the RCL or AFDC-FC rate. An increase in the licensed capacity or other alteration to an existing group home program that does not increase the RCL or AFDC-FC rate shall not constitute a program change.
(l)General unrestricted or undesignated private charitable donations and contributions made to charitable or nonprofit organizations shall not be deducted from the cost of providing services pursuant to this section. The donations and contributions shall not be considered in any determination of maximum expenditures made by the department.
(m)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 57.SEC. 59.Section 11462 is added to the Welfare and Institutions Code, to read:11462.(a)The department shall commence development of a new payment structure for short-term residential treatment center program placements claiming Title IV-E funding.
(b)The department shall develop a rate system that includes consideration of all of the following factors:
(1)Core services services, either directly provided or secured with formal agreements with other agencies, that encompass community service and supports, permanency-related services, medical medical, behavioral, and mental health support and access to services, educational support, life and social support, transitional support services upon discharge, biological parent and resource family supports, and services for nonminor dependents.
(2)Staff training.
(3)Health and Safety Code requirements.
(4)Accreditation that includes:
(A)Provision for all licensed foster family agencies short-term residential treatment centers to maintain in good standing accreditation from a nationally recognized accreditation agency with expertise in programs for youth group care facilities, as determined by the department.
(B)Promulgation by the department of information identifying that agency or agencies from which accreditation shall be required.
(C)Provision for timely reporting to the department of any change in accreditation status.
(5)Mental health certification, including a requirement to timely report to the department any change in mental health certificate status.
(6)Maximization of federal financial participation under Title IV-E and Title XIX of the Social Security Act.
(c)The department shall develop a system of governmental monitoring and oversight that shall be carried out in coordination with the State Department of Health Care Services. Oversight responsibilities shall include, but not be limited to, ensuring conformity with federal and state law, including program, fiscal, and health and safety audits and reviews.
(d)This section shall become operative on January 1, 2017.
SEC. 58.SEC. 60.Section 11462.001 is added to the Welfare and Institutions Code, immediately following Section 11462, to read:11462.001.(a)(1)Foster care providers licensed as group homes, as defined in departmental regulations, including public child care institutions, as defined in Section 11402.5, shall have rates established by classifying each group home program and applying the standardized schedule of rates. The department shall collect information from group providers in order to classify each group home program.
(2)Notwithstanding paragraph (1), foster care providers licensed as group homes shall have rates established only if the group home is organized and operated on a nonprofit basis as required under subdivision (h) of Section 11400. The department shall terminate the rate of any group home not organized and operated on a nonprofit basis as required under subdivision (h) of Section 11400.
(3)(A)The department shall determine, consistent with the requirements of this chapter and other relevant requirements under law, the rate classification level (RCL) for each group home program on a biennial basis. Submission of the biennial rate application shall be made according to a schedule determined by the department.
(B)The department shall adopt regulations to implement this paragraph. The adoption, amendment, repeal, or readoption of a regulation authorized by this paragraph is deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement to describe specific facts showing the need for immediate action.
(b)A group home program shall be initially classified, for purposes of emergency regulations, according to the level of care and services to be provided using a point system developed by the department and described in the report, The Classification of Group Home Programs under the Standardized Schedule of Rates System, prepared by the State Department of Social Services, August 30, 1989.
(c)The rate for each RCL has been determined by the department with data from the AFDC-FC Group Home Rate Classification Pilot Study.
(d)As used in this section, standardized schedule of rates means a listing of the 14 rate classification levels, and the single rate established for each RCL.
(e)Except as specified in paragraph (1), the department shall determine the RCL for each group home program on a prospective basis, according to the level of care and services that the group home operator projects will be provided during the period of time for which the rate is being established.
(1)(A)(i)For new and existing providers requesting the establishment of an RCL, and for existing group home programs requesting an RCL increase, the department shall determine the RCL no later than 13 months after the effective date of the provisional rate. The determination of the RCL shall be based on a program audit of documentation and other information that verifies the level of care and supervision provided by the group home program during a period of the two full calendar months or 60 consecutive days, whichever is longer, preceding the date of the program audit, unless the group home program requests a lower RCL. The program audit shall not cover the first six months of operation under the provisional rate.
(ii)For audit purposes, if the group home program serves a mixture of AFDC-FC eligible and ineligible children, the weighted hours for child care and social work services provided and the capacity of the group home shall be adjusted by the ratio of AFDC-FC eligible children to all children in placement.
(iii)Pending the departments issuance of the program audit report that determines the RCL for the group home program, the group home program shall be eligible to receive a provisional rate that shall be based on the level of care and service that the group home program proposes it will provide. The group home program shall be eligible to receive only the RCL determined by the department during the pendency of any appeal of the departments RCL determination.
(B)A group home program may apply for an increase in its RCL no earlier than two years from the date the department has determined the group home programs rate, unless the host county, the primary placing county, or a regional consortium of counties submits to the department in writing that the program is needed in that county, that the provider is capable of effectively and efficiently operating the proposed program, and that the provider is willing and able to accept AFDC-FC children for placement who are determined by the placing agency to need the level of care and services that will be provided by the program.
(C)To ensure efficient administration of the departments audit responsibilities, and to avoid the fraudulent creation of records, group home programs shall make records that are relevant to the RCL determination available to the department in a timely manner. Except as provided in this section, the department may refuse to consider, for purposes of determining the rate, any documents that are relevant to the determination of the RCL that are not made available by the group home provider by the date the group home provider requests a hearing on the departments RCL determination. The department may refuse to consider, for purposes of determining the rate, the following records, unless the group home provider makes the records available to the department during the fieldwork portion of the departments program audit:
(i)Records of each employees full name, home address, occupation, and social security number.
(ii)Time records showing when the employee begins and ends each work period, meal periods, split shift intervals, and total daily hours worked.
(iii)Total wages paid each payroll period.
(iv)Records required to be maintained by licensed group home providers under Title 22 of the California Code of Regulations that are relevant to the RCL determination.
(D)To minimize financial abuse in the startup of group home programs, when the departments RCL determination is more than three levels lower than the RCL level proposed by the group home provider, and the group home provider does not appeal the departments RCL determination, the department shall terminate the rate of a group home program 45 days after issuance of its program audit report. When the group home provider requests a hearing on the departments RCL determination, and the RCL determined by the director under subparagraph (E) is more than three levels lower than the RCL level proposed by the group home provider, the department shall terminate the rate of a group home program within 30 days of issuance of the directors decision. Notwithstanding the reapplication provisions in subparagraph (B), the department shall deny any request for a new or increased RCL from a group home provider whose RCL is terminated pursuant to this subparagraph, for a period of no greater than two years from the effective date of the RCL termination.
(E)A group home provider may request a hearing of the departments RCL determination under subparagraph (A) no later than 30 days after the date the department issues its RCL determination. The departments RCL determination shall be final if the group home provider does not request a hearing within the prescribed time. Within 60 days of receipt of the request for hearing, the department shall conduct a hearing on the RCL determination. The standard of proof shall be the preponderance of the evidence and the burden of proof shall be on the department. The hearing officer shall issue the proposed decision within 45 days of the close of the evidentiary record. The director shall adopt, reject, or modify the proposed decision, or refer the matter back to the hearing officer for additional evidence or findings within 100 days of issuance of the proposed decision. If the director takes no action on the proposed decision within the prescribed time, the proposed decision shall take effect by operation of law.
(2)Group home programs that fail to maintain at least the level of care and services associated with the RCL upon which their rate was established shall inform the department. The department shall develop regulations specifying procedures to be applied when a group home fails to maintain the level of services projected, including, but not limited to, rate reduction and recovery of overpayments.
(3)The department shall not reduce the rate, establish an overpayment, or take other actions pursuant to paragraph (2) for any period that a group home program maintains the level of care and services associated with the RCL for children actually residing in the facility. Determinations of levels of care and services shall be made in the same way as modifications of overpayments are made pursuant to paragraph (2) of subdivision (b) of Section 11466.2.
(4)A group home program that substantially changes its staffing pattern from that reported in the group home program statement shall provide notification of this change to all counties that have placed children currently in care. This notification shall be provided whether or not the RCL for the program may change as a result of the change in staffing pattern.
(f)The standardized schedule of rates pursuant to subdivisions (f) and (g) of Section 11462, as that section read on January 1, 2015, shall be implemented as follows:
(1)Any group home program that received an AFDC-FC rate in the prior fiscal year at or above the standard rate for the RCL in the current fiscal year shall continue to receive that rate.
(2)Any group home program that received an AFDC-FC rate in the prior fiscal year below the standard rate for the RCL in the current fiscal year shall receive the RCL rate for the current year.
(g)(1)The department shall not establish a rate for a new program of a new or existing provider, or for an existing program at a new location of an existing provider, unless the provider submits a letter of recommendation from the host county, the primary placing county, or a regional consortium of counties that includes all of the following:
(A)That the program is needed by that county.
(B)That the provider is capable of effectively and efficiently operating the program.
(C)That the provider is willing and able to accept AFDC-FC children for placement who are determined by the placing agency to need the level of care and services that will be provided by the program.
(D)That, if the letter of recommendation is not being issued by the host county, the primary placing county has notified the host county of its intention to issue the letter and the host county was given the opportunity of 30 days to respond to this notification and to discuss options with the primary placing county.
(2)The department shall encourage the establishment of consortia of county placing agencies on a regional basis for the purpose of making decisions and recommendations about the need for, and use of, group home programs and other foster care providers within the regions.
(3)The department shall annually conduct a county-by-county survey to determine the unmet placement needs of children placed pursuant to Section 300 and Section 601 or 602, and shall publish its findings by November 1 of each year.
(h)The department shall develop regulations specifying ratesetting procedures for program expansions, reductions, or modifications, including increases or decreases in licensed capacity, or increases or decreases in level of care or services.
(i)For the purpose of this subdivision, program change means any alteration to an existing group home program planned by a provider that will increase the RCL or AFDC-FC rate. An increase in the licensed capacity or other alteration to an existing group home program that does not increase the RCL or AFDC-FC rate shall not constitute a program change.
(j)General unrestricted or undesignated private charitable donations and contributions made to charitable or nonprofit organizations shall not be deducted from the cost of providing services pursuant to this section. The donations and contributions shall not be considered in any determination of maximum expenditures made by the department.
(k)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.
(l)This section shall become operative on January 1, 2017.
(m)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 59.SEC. 61.Section 11462.01 of the Welfare and Institutions Code is amended to read:11462.01.(a)Commencing July 1, 1994, a group home program shall be classified at RCL 13 or RCL 14 if the program meets all of the following requirements:
(1)The group home program is providing, or has proposed to provide, the level of care and services necessary to generate sufficient points in the ratesetting process to be classified at RCL 13 if the rate application is for RCL 13 or to be classified at RCL 14 if the rate application is for RCL 14.
(2)(A)(i)The group home provider shall agree not to accept for placement into a group home program AFDC-FC funded children, including voluntary placements and seriously emotionally disturbed those who have an emotional disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations, children placed out-of-home pursuant to an individualized education program developed under Section 7572.5 of the Government Code, Article 2 (commencing with Section 56320) of Chapter 4 of Part 3 of the Education Code, who have not been approved for placement by an interagency placement committee, as described by Section 4096. The approval shall be in writing and shall indicate that the interagency placement committee has determined that the child is seriously emotionally disturbed, as defined by Section 5600.3 has an emotional disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations and subject to Section 1502.4 of the Health and Safety Code, and that the child needs the level of care provided by the group home.
(ii)For purposes of clause (i), group home providers who accept seriously emotionally disturbed children who are assessed as having an emotional disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations and placed out-of-home pursuant to an individualized education program developed under Section 7572.5 of the Government Code shall be deemed to have met the interagency placement committee approval for placement requirements of clause (i) if the individualized education program assessment indicates that the child has been determined to be seriously emotionally disturbed, as defined in Section 5600.3 have an emotional disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations and subject to Section 1502.4 of the Health and Safety Code, and needs the level of care described in clause (i).
(B)(i)Nothing in this subdivision shall prevent the emergency placement of a child into a group home program prior to the determination by the interagency placement committee pursuant to subclause clause (i) of subparagraph (A) if a licensed mental health professional, as defined in the departments AFDC-FC ratesetting regulations, has evaluated, in writing, the child within 72 hours of placement, and determined the child to be seriously emotionally disturbed have an emotional disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations and in need of the care and services provided by the group home program.
(ii)The interagency placement committee shall, within 30 days of placement pursuant to clause (i), make the determination required by clause (i) of subparagraph (A).
(iii)If, pursuant to clause (ii), the placement is determined to be appropriate, the committee shall transmit the approval, in writing, to the county placing agency and the group home provider.
(iv)If, pursuant to clause (ii) the placement is determined not to be appropriate, the child shall be removed from the group home and referred to a more appropriate placement, as specified in subdivision (f).
(C)Commencing December 15, 1992, with respect to AFDC-FC funded children, only those children who are approved for placement by an interagency placement committee may be accepted by a group home under this subdivision.
(3)The group home program is certified by the State Department of Health Care Services pursuant to Section 4096.5.
(b)The department shall not establish a rate for a group home requesting a program change to RCL 13 or RCL 14 unless the group home provider submits a recommendation from the host county or the primary placing county that the program is needed and that the provider is willing and capable of operating the program at the level sought. For purposes of this subdivision, host county, primary placing county, and program change mean the same as defined in the departments AFDC-FC ratesetting regulations.
(c)The effective date of rates set at RCL 13 or RCL 14 shall be the date that all the requirements are met, but not prior to July 1 of that fiscal year. Nothing in this section shall affect RCL 13 or RCL 14 ratesetting determinations in prior years.
(d)Any group home program that has been classified at RCL 13 or RCL 14 pursuant to the requirements of subdivision (a) shall be reclassified at the appropriate lower RCL with a commensurate reduction in rate if either of the following occurs:
(1)The group home program fails to maintain the level of care and services necessary to generate the necessary number of points for RCL 13 or RCL 14, as required by paragraph (1) of subdivision (a). The determination of points shall be made consistent with the departments AFDC-FC ratesetting regulations for other rate classification levels.
(2)The group home program fails to maintain a certified mental health treatment program as required by paragraph (3) of subdivision (a).
(3)In the event of a determination under paragraph (1), the group home may appeal the finding or submit a corrective action plan. The appeal process specified in Section 11466.6 shall be available to RCL 13 and RCL 14 group home providers. During any appeal, the group home shall maintain the appropriate level of care.
(e)The interagency placement committee shall periodically review, but no less often than that required by current law, the placement of the child. If the committee determines that the child no longer needs, or is not benefiting from, placement in a RCL 13 or RCL 14 group home, the committee shall require the removal of the child and a new disposition.
(f)(1)(A)If, at any time subsequent to placement in an RCL 13 or RCL 14 group home program, the interagency placement committee determines either that the child is not seriously emotionally disturbed assessed as having an emotional disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations or is not in need of the care and services provided by the group home program, it shall notify, in writing, both the county placing agency and the group home provider within 10 days of the determination.
(B)The county placing agency shall notify the group home provider, in writing, within five days from the date of the notice from the committee, of the countys plan for removal of the child.
(C)The county placing agency shall remove the child from the group home program within 30 days from the date of the notice from the interagency placement committee.
(2)(A)If a county placing agency does not remove a child within 30 days from the date of the notice from the interagency placement committee, the group home provider shall notify the interagency placement committee and the department, in writing, of the countys failure to remove the child from the group home program.
(B)The group home provider shall make the notification required by subparagraph (A) within five days of the expiration of the 30-day removal period. If notification is made, a group home provider shall not be subject to an overpayment determination due to failure of the county placing agency to remove the child.
(3)Any county placing agency that fails to remove a child from a group home program under this paragraph within 30 days from the date of the notice from the interagency placement committee shall be assessed a penalty in the amount of the state and federal financial participation in the AFDC-FC rate paid on behalf of the child commencing on the 31st day and continuing until the child is removed.
(g)(1)If any RCL 13 or RCL 14 group home provider discovers that it does not have written approval for placement of any AFDC-FC funded child placed on or after December 15, 1992, from the interagency placement committee, it shall notify the county placing agency, in writing, and shall request the county to obtain approval from the interagency placement committee or remove the child from the group home program. A group home provider shall have 30 days from the childs first day of placement to discover the placement error and to notify the county placing agency.
(2)Any county placing agency that receives notification pursuant to paragraph (2) of subdivision (f) shall obtain approval for placement from the interagency placement committee or remove the child from the group home program within 30 days from the date of the notice from the group home provider. The program shall not be reclassified to a lower RCL for a violation of the provisions referred to in this paragraph.
(3)(A)If a county placing agency does not have the placement of a child approved by the interagency placement committee or removed from the group home within 30 days from the date of the notice from the group home provider, the group home provider shall notify the county placing agency and the department, in writing, of the countys failure to have the placement of the child approved or remove the child from the group home program.
(B)The group home provider shall make the notification required by subparagraph (A) within five days after the expiration of the 30-day approval or removal period. If notification is made, a group home provider shall not be subject to an overpayment determination due to failure of the county placing agency to remove the child.
(C)Any group home provider that fails to notify the county placing agency pursuant to subparagraph (A) shall be assessed a penalty in the amount of the AFDC-FC rate paid to the group home provider on behalf of the child commencing on the 31st day of placement and continuing until the county placing agency is notified.
(4)Any county placing agency that fails to have the placement of a child approved or to have the child removed from the group home program within 30 days shall be assessed a penalty in the amount of the state and federal financial participation in the AFDC-FC rate paid on behalf of the child commencing on the 31st day of placement and continuing until the child is removed.
(h)The department shall develop regulations to obtain payment of assessed penalties as provided in this section. For audit purposes and the application of penalties for RCL 13 and RCL 14 programs, the department shall apply statutory provisions that were in effect during the period for which the audit was conducted.
(i)(1)Nothing in this subparagraph shall prohibit a group home classified at RCL 13 or RCL 14 for purposes of the AFDC-FC program, from accepting private placements of children.
(2)When a referral is not from a public agency and no public funding is involved, there shall be no requirement for public agency review or determination of need.
(3)Children subject to paragraphs (1) and (2) shall have been assessed as seriously emotionally disturbed, as defined in Section 5600.3 having an emotional disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations and subject to Section 1502.4 of the Health and Safety Code, by a licensed mental health professional, as defined in Sections 629 to 633, inclusive, of Title 9 of the California Code of Regulations.
(j)A child shall not be placed in a group home program classified at an RCL 13 or RCL 14 if the placement is paid for with county-only funds unless the child is assessed as seriously emotionally disturbed, as defined in Section 5600.3, having an emotional disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations, subject to Section 1502.4 of the Health and Safety Code, by a licensed mental health professional, as defined in Sections 629 to 633, inclusive, of Title 9 of the California Code of Regulations.
(k)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 60.SEC. 62.Section 11462.01 is added to the Welfare and Institutions Code, to read:11462.01.(a)All short-term residential treatment centers, and foster family agencies that provide treatment services, shall maintain in good standing the appropriate mental health certification issued by the State Department of Health Care Services or a county to which the department has delegated certification authority pursuant to Section 4096.5, and additionally shall meet all of the following requirements:
(1)Maintain the level of care and services necessary to meet the needs of the children and youth in care.
(2)Agree not to accept for placement AFDC-FC funded children and youth, including voluntary placements and seriously emotionally disturbed children who are placed out-of-home pursuant to an individualized education program developed pursuant to Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1 of the Government Code, who have not been approved in writing for placement by the child and family team or the interagency placement committee, as described in Section 4096.
(A)The written approval shall indicate both of the following:
(i)The child or youth is seriously emotionally disturbed, as defined by Section 5600.3 and subject to Section 1502.4 of the Health and Safety Code.
(ii)The child or youth has been determined by a child and family team to need the level of services provided to maintain the safety of the child or youth, or others.
(B)Seriously emotionally disturbed children and youth who are assessed and placed out-of-home pursuant to an individualized education program developed pursuant to Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1 of the Government Code shall be deemed to have met the placement requirements of clause (i) of subparagraph (A) only if the individualized education program assessment indicates that the child or youth has been determined to be seriously emotionally disturbed, as defined in Section 5600.3 and subject to Section 1502.4 of the Health and Safety Code, and needs the level of care described in subparagraph (A).
(A)The short-term residential treatment center, as defined in paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code, may accept for placement children who do not require inpatient care in a licensed health facility and who meet at least one of the following conditions:
(i)A child who has been 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.
(ii)A child assessed as having an emotional disturbance pursuant to Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations.
(iii)A child who has been assessed as requiring the level of services provided to maintain the safety of the child or others due to behaviors that render the child or those around the child unsafe, or that prevent the effective delivery of needed services and supports provided in the childs own home or in other family settings, such as with a relative, guardian, foster family, resource family, or adoptive family. In certain circumstances, this may include the following children:
(I)A commercially or sexually exploited child.
(II)A private voluntary placement, where the youth exhibits status offender behavior and where the parents or other relative feel they cannot control the childs behavior and short-term intervention is needed to transition to the child back into the home.
(III)A juvenile sex offender.
(IV)A child who is affiliated with, or impacted, by a gang.
(B)The licensed foster family agency, as defined in paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code, which provides treatment services, may accept for placement children who do not require inpatient care in a licensed health facility and who meet at least one of the following conditions:
(i)A child who has been 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.
(ii)A child assessed as having an emotional disturbance pursuant to Section 300.8 (c)(4)(i) of Title 34 of the Code of Federal Regulations.
(iii)A child who has been assessed as requiring the level of services to meet his or her behavioral or therapeutic needs.
(C)The assessments described in clauses (i) and (ii) of this subparagraph and clauses (i) and (ii) of subparagraph (A) shall be made by all of the following, as applicable:
(i)An interagency placement committee, as described in Section 4096.
(ii)A licensed mental health professional pursuant to paragraph (3) of subdivision (i) of, or subdivision (j) of, of Section 11462.01.
(iii)For the purposes of paragraph (1), AFDC-FC funded children with an individualized education program developed pursuant to Article 2 (commencing with Section 56320) of Chapter 4 of Part 30 of the Education Code that assesses the child as having an emotional disturbance as defined in, and subject to, this section and recommends out-of-home placement at the level of care provided by the provider, shall be deemed to have met the interagency placement committee approval for placement requirements.
(D)The assessments described in clause (iii) of subparagraph (A) and clause (iii) of subparagraph (B) shall be made pursuant to subdivision (b) of Section 706.6 or paragraph (2) of subdivision (c) of Section 16501.1.
(2)(A)The provider shall ensure that AFD-FC funded children accepted for placement have been approved for placement by an interagency placement committee, as defined in paragraph (4) of subdivision (a) of Section 16501.
(B)The approval shall be in writing and shall indicate that the interagency placement committee has determined that the child has an emotional disturbance, as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations and subject to Section 1502.4 of the Health and Safety Code, and that the child needs the level of care provided by the provider.
(C)
(3)(A)Nothing in this subdivision shall prevent an emergency placement of a child or youth into a short-term residential treatment center or foster family agency that provides treatment services prior to the determination by the child and family team or interagency placement committee, as applicable, pursuant to subparagraph (A), committee, but only if a licensed mental health professional, as defined in the departments AFDC-FC ratesetting regulations, has made a written determination within 72 hours of the childs or youths placement, that the child or youth is seriously emotionally disturbed and is in need of the care and services provided by the short-term residential treatment center or foster family agency that provides treatment services.
(D)
(B)(i)The child and family team or interagency placement committee, as appropriate, shall, within 30 days of placement, make the determinations, with recommendations from the child and family team, required by subparagraph (A). this subdivision.
(ii)If it determines the placement is appropriate, the child and family team or interagency placement committee, as appropriate, committee, with recommendations from the child and family team, shall transmit the approval, in writing, to the county placing agency and the short-term residential treatment center or foster family agency that provides treatment services.
(iii)If it determines the placement is not appropriate, the child and family team or interagency placement committee, as appropriate, placement committee, with recommendations from the child and family team, shall transmit the disapproval, in writing, to the county placing agency and the short-term residential treatment center or foster family agency that provides treatment services, and the child or youth shall be referred to an appropriate placement, as specified in subdivision (f).
(E)
(C)Commencing January 1, 2017, for AFDC-FC funded children or youth, only those children or youth who are approved for placement by the child and family team or interagency placement committee, as appropriate, committee, with recommendations from the child and family team, may be accepted by a short-term residential treatment center or foster family agency that provides treatment services.
(F)
(D)The department shall, through regulation, establish consequences for the failure of a short-term residential treatment center, or a foster family agency that provides treatment services, to obtain written approval for placement of an AFDC-FC funded child or youth from the child and family team or interagency placement committee.
(3)
(4)The short-term residential treatment center, or foster family agency that provides treatment services, shall be certified by the State Department of Health Care Services or a county to which the department has delegated certification authority pursuant to Section 4096.5.
(b)The department shall not establish a rate for a short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment unless the provider submits a recommendation from the host county or the primary placing county that the program is needed and that the provider is willing and capable of operating the program at the level sought. For purposes of this subdivision, host county, and primary placing county, mean the same as defined in the departments AFDC-FC ratesetting regulations.
(c)The effective date of rates set for a short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment shall be the date that all the requirements are met.
(d)Any short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment pursuant to subdivision (a) shall be reclassified and paid at the appropriate program rate for which it is qualified if either of the following occurs:
(1)(A)It fails to maintain the level of care and services necessary to meet the needs of the children and youth in care, as required by paragraph (1) of subdivision (a). The determination shall be made consistent with the departments AFDC-FC ratesetting regulations developed pursuant to Sections 11462 and 11463 and shall take into consideration the highest level of care and associated rates for which the program is eligible.
(B)In the event of a determination under this paragraph, the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment may appeal the finding or submit a corrective action plan. The appeal process specified in Section 11466.6 shall be available to a short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment. During any appeal, the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment shall maintain the appropriate level of care.
(2)It fails to maintain a certified mental health treatment program as required by paragraph (3) of subdivision (a).
(e)In addition to any other review required by law, the child and family team referenced in Sections 831 and as defined in paragraph (4) of subdivision (a) of Section 16501 shall periodically review the placement of the child or youth. If the child and family team determines make a recommendation that the child or youth no longer needs, or is not benefiting from, placement in a short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment, the team shall transmit the disapproval, in writing, to the county placing agency and the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment, and the child or youth shall be referred to an appropriate placement.
(f)The department shall develop a process to address placements when, subsequent to the childs or youths placement, a determination is made by the interagency placement team or the and shall consider the recommendations of the child and family team, either that the child or youth is not seriously emotionally disturbed or is not in need of the care and services provided by the certified program. The process shall include, but not be limited to:
(1)Notice of the determination in writing to both the county placing agency and the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment.
(2)Notice of the countys plan, and a time frame, for removal of the child or youth in writing to the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment.
(3)Referral to an appropriate placement.
(4)Actions to be taken if a child or youth is not timely removed from the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment or placed in an appropriate placement.
(g)(1)Nothing in this section shall prohibit a short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment for purposes of the AFDC-FC program, from accepting private placements of children or youth.
(2)When a referral is not from a public agency and no public funding is involved, there is no requirement for public agency review nor determination of need.
(3)Children and youth subject to paragraphs (1) and (2) shall have been determined to be seriously emotionally disturbed have an emotional disturbance, as defined in Section 5600.3 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations and subject to Section 1502.4 of the Health and Safety Code, by a licensed mental health professional.
(h)This section shall become operative on January 1, 2017.
SEC. 61.SEC. 63.Section 11462.015 is added to the Welfare and Institutions Code, to read:11462.015.(a)A group home program shall be classified at RCL 13 or RCL 14 if the program meets all of the following requirements:
(1)The group home program is providing, or has proposed to provide, the level of care and services necessary to generate sufficient points in the ratesetting process to be classified at RCL 13 if the rate application is for RCL 13 or to be classified at RCL 14 if the rate application is for RCL 14.
(2)(A)(i)The group home provider shall agree not to accept for placement into a group home program AFDC-FC funded children, including voluntary placements and seriously emotionally disturbed children children who have been assessed as having an emotional disturbance as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations placed out-of-home pursuant to an individualized education program developed under Section 7572.5 of the Government Code Article 2 (commencing with Section 56320) of Chapter 4 of Part 30 of Division 4 of Title 2 the Education Code, who have not been approved for placement by an interagency placement committee, as described by Section 4096.1. The approval shall be in writing and shall indicate that the interagency placement committee has determined that the child is seriously emotionally disturbed, as defined by Section 5600.3 has an emotional disturbance as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations, and subject to Section 1502.45 of the Health and Safety Code, and that the child needs the level of care provided by the group home.
(ii)For purposes of clause (i), group home providers who accept seriously emotionally disturbed children children who have been assessed as having emotional disturbances as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations who are assessed and placed out-of-home pursuant to an individualized education program developed under Section 7572.5 of the Government Code Article 2 (commencing with Section 56320) of Chapter 4 of Part 30 of Division 4 of Title 2 the Education Code shall be deemed to have met the interagency placement committee approval for placement requirements of clause (i) if the individualized education program assessment indicates that the child has been determined to be seriously emotionally disturbed have an emotional disturbance, as defined in Section 5600.3 300.8 (c)(4)(i) of Title 34 of the Code of Federal Regulations and subject to Section 1502.45 of the Health and Safety Code, and needs the level of care described in clause (i).
(B)(i)Nothing in this subdivision shall prevent the emergency placement of a child into a group home program prior to the determination by the interagency placement committee pursuant to clause (i) of subparagraph (A) if a licensed mental health professional, as defined in the departments AFDC-FC ratesetting regulations, has evaluated, in writing, the child within 72 hours of placement, and has determined the child to be seriously emotionally disturbed have an emotional disturbance as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations and in need of the care and services provided by the group home program.
(ii)The interagency placement committee shall, within 30 days of placement pursuant to clause (i), make the determination required by clause (i) of subparagraph (A).
(iii)If, pursuant to clause (ii), the placement is determined to be appropriate, the committee shall transmit the approval, in writing, to the county placing agency and the group home provider.
(iv)If, pursuant to clause (ii) the placement is determined not to be appropriate, the child shall be removed from the group home and referred to a more appropriate placement, as specified in subdivision (f).
(C)With respect to AFDC-FC funded children, only those children who are approved for placement by an interagency placement committee may be accepted by a group home under this subdivision.
(3)The group home program is certified by the State Department of Health Care Services pursuant to Section 4096.5.
(b)The department shall not establish a rate for a group home requesting a program change to RCL 13 or RCL 14 unless the group home provider submits a recommendation from the host county or the primary placing county that the program is needed and that the provider is willing and capable of operating the program at the level sought. For purposes of this subdivision, host county, primary placing county, and program change mean the same as defined in the departments AFDC-FC ratesetting regulations.
(c)The effective date of rates set at RCL 13 or RCL 14 shall be the date that all the requirements are met, but not prior to July 1 of that fiscal year. Nothing in this section shall affect RCL 13 or RCL 14 ratesetting determinations in prior years.
(d)Any group home program that has been classified at RCL 13 or RCL 14 pursuant to the requirements of subdivision (a) shall be reclassified at the appropriate lower RCL with a commensurate reduction in rate if either of the following occurs:
(1)The group home program fails to maintain the level of care and services necessary to generate the necessary number of points for RCL 13 or RCL 14, as required by paragraph (1) of subdivision (a). The determination of points shall be made consistent with the departments AFDC-FC ratesetting regulations for other rate classification levels.
(2)The group home program fails to maintain a certified mental health treatment program as required by paragraph (3) of subdivision (a).
(3)In the event of a determination under paragraph (1), the group home may appeal the finding or submit a corrective action plan. The appeal process specified in Section 11466.6 shall be available to RCL 13 and RCL 14 group home providers. During any appeal, the group home shall maintain the appropriate level of care.
(e)The interagency placement committee shall periodically review, but no less often than that required by current law, the placement of the child. If the committee determines that the child no longer needs, or is not benefiting from, placement in a RCL 13 or RCL 14 group home, the committee shall require the removal of the child and a new disposition.
(f)(1)(A)If, at any time subsequent to placement in an RCL 13 or RCL 14 group home program, the interagency placement committee determines either that the child is not seriously emotionally disturbed or is not in need of the care and services provided by the group home program, it shall notify, in writing, both the county placing agency and the group home provider within 10 days of the determination.
(B)The county placing agency shall notify the group home provider, in writing, within five days from the date of the notice from the committee, of the countys plan for removal of the child.
(C)The county placing agency shall remove the child from the group home program within 30 days from the date of the notice from the interagency placement committee.
(2)(A)If a county placing agency does not remove a child within 30 days from the date of the notice from the interagency placement committee, the group home provider shall notify the interagency placement committee and the department, in writing, of the countys failure to remove the child from the group home program.
(B)The group home provider shall make the notification required by subparagraph (A) within five days of the expiration of the 30-day removal period. If notification is made, a group home provider shall not be subject to an overpayment determination due to failure of the county placing agency to remove the child.
(3)Any county placing agency that fails to remove a child from a group home program under this paragraph within 30 days from the date of the notice from the interagency placement committee shall be assessed a penalty in the amount of the state and federal financial participation in the AFDC-FC rate paid on behalf of the child commencing on the 31st day and continuing until the child is removed.
(g)(1)If any RCL 13 or RCL 14 group home provider discovers that it does not have written approval for placement of any AFDC-FC funded child from the interagency placement committee, it shall notify the county placing agency, in writing, and shall request the county to obtain approval from the interagency placement committee or remove the child from the group home program. A group home provider shall have 30 days from the childs first day of placement to discover the placement error and to notify the county placing agency.
(2)Any county placing agency that receives notification pursuant to paragraph (2) of subdivision (f) shall obtain approval for placement from the interagency placement committee or remove the child from the group home program within 30 days from the date of the notice from the group home provider. The program shall not be reclassified to a lower RCL for a violation of the provisions referred to in this paragraph.
(3)(A)If a county placing agency does not have the placement of a child approved by the interagency placement committee or removed from the group home within 30 days from the date of the notice from the group home provider, the group home provider shall notify the county placing agency and the department, in writing, of the countys failure to have the placement of the child approved or remove the child from the group home program.
(B)The group home provider shall make the notification required by subparagraph (A) within five days after the expiration of the 30-day approval or removal period. If notification is made, a group home provider shall not be subject to an overpayment determination due to failure of the county placing agency to remove the child.
(C)Any group home provider that fails to notify the county placing agency pursuant to subparagraph (A) shall be assessed a penalty in the amount of the AFDC-FC rate paid to the group home provider on behalf of the child commencing on the 31st day of placement and continuing until the county placing agency is notified.
(4)Any county placing agency that fails to have the placement of a child approved or to have the child removed from the group home program within 30 days shall be assessed a penalty in the amount of the state and federal financial participation in the AFDC-FC rate paid on behalf of the child commencing on the 31st day of placement and continuing until the child is removed.
(h)The department shall develop regulations to obtain payment of assessed penalties as provided in this section. For audit purposes and the application of penalties for RCL 13 and RCL 14 programs, the department shall apply statutory provisions that were in effect during the period for which the audit was conducted.
(i)(1)Nothing in this subdivision shall prohibit a group home classified at RCL 13 or RCL 14 for purposes of the AFDC-FC program, from accepting private placements of children.
(2)When a referral is not from a public agency and no public funding is involved, there shall be no requirement for public agency review or determination of need.
(3)Children subject to paragraphs (1) and (2) shall have been assessed as seriously emotionally disturbed having an emotional disturbance, as defined in Section 5600.3 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations and subject to Section 1502.45 of the Health and Safety Code, by a licensed mental health professional, as defined in Sections 629 to 633, inclusive, of Title 9 of the California Code of Regulations.
(j)A child shall not be placed in a group home program classified at an RCL 13 or RCL 14 if the placement is paid for with county-only funds unless the child is assessed as seriously emotionally disturbed having an emotional disturbance, as defined in Section 5600.3 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations, subject to Section 1502.45 of the Health and Safety Code, by a licensed mental health professional, as defined in Sections 629 to 633, inclusive, of Title 9 of the California Code of Regulations.
(k)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.
(l)This section shall become operative on January 1, 2017.
(m)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 62.SEC. 64.Section 11462.02 of the Welfare and Institutions Code is amended to read:11462.02.(a)Notwithstanding paragraph (2) of subdivision (a) of Section 11462, a foster care provider licensed as a group home also may have a rate established if the group home is operated by the County of San Mateo, as provided by subdivision (h) of Section 11400.
(b)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 63.SEC. 65.Section 11462.02 is added to the Welfare and Institutions Code, to read:11462.02.(a)Any existing county-operated foster family agency or group home, including the group home operated by the County of San Mateo, shall, commencing January 1, 2017, be classified as, and shall meet all of the requirements of, a foster family agency or a short-term residential treatment center, as set forth respectively in subdivisions (e) and (f) of Section 11402, to be eligible to receive AFDC-FC funds.
(b)Notwithstanding any other law, the State Department of Social Services may license a county as a foster family agency or as a short-term residential treatment center.
(c)If a county exercises its option to operate a foster family agency or a short-term residential treatment center, the county shall submit an application and shall comply with the requirements of Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code related to a foster family agency programs or a short-term residential treatment center, as applicable.
(d)A county that requests, and is granted, a license for a foster family agency or short-term residential treatment center shall apply for an AFDC-FC rate pursuant to Section 11463 or 11462, 11462 or 11463, as applicable.
(e)As a condition for eligibility for an AFDC-FC rate for a short-term residential treatment center or a foster family agency, the county shall comply with all applicable law concerning a short-term residential treatment center or foster family agency, including, but not limited to, the following provisions related to licensing, rate, audit, due process, enforcement, and overpayment collection:
(1)Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code.
(2)Article 10 (commencing with Section 360) of Chapter 2 of Part 1 of Division 2 of this code.
(3)Article 18 (commencing with Section 725) of Chapter 2 of Part 1 of Division 2 of this code.
(4)Article 22 (commencing with Section 825) of Chapter 2 of Part 1 of Division 2 of this code.
(5)Article 5 (commencing with Section 11400) of Chapter 2 of Part 3 of Division 9 of this code.
(6)Article 6 (commencing with Section 11450) of Chapter 2 of Part 3 of Division 9 of this code.
(f)The state is not obligated under Section 36 of Article XIII of the California Constitution to provide any annual funding to a county to comply with this section; with any regulation, executive order, or administrative order implementing this section; or with any federal statute or regulation related to this section, because the countys operation of a licensed short-term residential treatment center or foster family agency is optional for the county and is not required by this section.
(g)Counties licensed to operate a foster family agency or short-term residential treatment center shall, as a condition to receiving payment, ensure that its conflict of interest mitigation plan, submitted to the department pursuant to subdivision (b) of Section 1506.1 and subdivision (c) of Section 1562.01 of the Health and Safety Code, addresses, but is not limited to, the following:
(1)A decision to place children and youth in a county-operated facility when alternative appropriate placement options exist.
(2)The reporting by county staff to the department or other agencies of observed noncompliant conditions or health and safety concerns in county-operated foster family agencies or short-term residential treatment centers.
(3)The cross-reporting of reports received from mandatory child abuse and neglect reporters involving county-operated foster family agencies and short-term residential treatment center programs.
(4)Disclosures of fatalities and near fatalities of children placed in county-operated foster family agencies and short-term residential treatment centers.
(h)This section shall become operative on January 1, 2017.
SEC. 64.SEC. 66.Section 11462.021 is added to the Welfare and Institutions Code, to read:11462.021.(a)Notwithstanding paragraph (2) of subdivision (a) of Section 11462, a foster care provider licensed as a group home also may have a rate established if the group home is operated by the County of San Mateo, as provided by subdivision (h) of Section 11400.
(b)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.
(c)This section shall become operative on January 1, 2017.
(d)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 65.SEC. 67.Section 11462.04 of the Welfare and Institutions Code is amended to read:11462.04.(a)Notwithstanding any other law, no new group home rate or change to an existing rate shall be established pursuant to Section 11462. An application shall not be accepted or processed for any of the following:
(1)A new program.
(2)A new provider.
(3)A program change, such as a rate classification level (RCL) increase.
(4)A program capacity increase.
(5)A program reinstatement.
(b)Notwithstanding subdivision (a), the department may grant exceptions as appropriate on a case-by-case basis, based upon a written request and supporting documentation provided by county placing agencies, including county welfare or probation directors.
(c)(1)For the 201213, 201314, and 201415 fiscal years, notwithstanding subdivision (b), for any program below RCL 10, the only exception that may be sought and granted pursuant to this section is for an application requesting a program change, such as an RCL increase. The authority to grant other exceptions does not apply to programs below RCL 10 during these fiscal years.
(2)Notwithstanding paragraph (1), commencing January 1, 2017, no exception shall be granted for any program below RCL 10.
(d)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 66.SEC. 68.Section 11462.04 is added to the Welfare and Institutions Code, to read:11462.04.(a)Notwithstanding any other law, commencing January 1, 2017, no new group home rate or change to an existing rate shall be established pursuant to the Rate Classification Level (RCL) system.
(b)Notwithstanding subdivision (a), the department may grant an exception as appropriate, on a case-by-case basis, when a written request and supporting documentation are provided by a county placing agency, including a county welfare or probation director, that absent the granting of that exception, there is a material risk to the welfare of children due to an inadequate supply of appropriate alternative placement options to meet the needs of children.
(c)For group homes being paid under the RCL system, and those granted an exception pursuant to paragraph (b), group home rates shall terminate on December 31, 2016, unless granted an extension under the exception process in subdivision (d).
(d)A group home may request an exception to extend its rate as follows:
(1)The department may grant an extension for up to one year, through December 31, 2017, on a case-by-case basis, when a written request and supporting documentation are provided by a county placing agency, including a county welfare or probation director, that absent the granting of that exception, there is a material risk to the welfare of children due to an inadequate supply of appropriate alternative placement options to meet the needs of children. The exception may include time to meet the program accreditation requirement or the mental health certification requirement.
(2)The exception shall allow the provider to continue to receive the rate under the prior ratesetting system.
(e)Upon termination of an existing group home rate under the RCL system, a new rate shall not be paid until an application is approved and a rate is granted by the department pursuant to Section 11462 as a short-term residential treatment center or pursuant to Section 11463 as a foster family agency.
(f)The department shall, in the development of the new rate structures, consider and provide for placement of all children who are displaced as a result of reclassification of treatment facilities.
(g)This section shall become operative on January 1, 2017.
SEC. 67.SEC. 69.Section 11463 of the Welfare and Institutions Code is amended to read:11463.(a)(1)The department, with the advice, assistance, and cooperation of the counties and foster care providers, shall develop, implement, and maintain a ratesetting system for foster family agencies.
(2)No county shall be reimbursed for any percentage increases in payments, made on behalf of AFDC-FC funded children who are placed with foster family agencies, that exceed the percentage cost-of-living increase provided in any fiscal year beginning on January 1, 1990, as specified in subdivision (c) of Section 11461.
(b)The department shall develop regulations specifying the purposes, types, and services of foster family agencies, including the use of those agencies for the provision of emergency shelter care. A distinction, for ratesetting purposes, shall be drawn between foster family agencies that provide treatment of children in foster families and those that provide nontreatment services.
(c)The department shall develop and maintain regulations specifying the procedure for the appeal of department decisions about the setting of an agencys rate.
(d)On and after July 1, 1998, the schedule of rates, and the components used in the rate calculations specified in the departments regulations, for foster family agencies shall be increased by 6 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new schedule of rates for foster family agencies.
(e)(1)On and after July 1, 1999, the schedule of rates and the components used in the rate calculations specified in the departments regulations for foster family agencies shall be adjusted by an amount equal to the California Necessities Index computed pursuant to Section 11453, rounded to the nearest dollar, subject to the availability of funds. The resultant amounts shall constitute the new schedule of rates for foster family agencies, subject to further adjustment pursuant to paragraph (2).
(2)In addition to the adjustment specified in paragraph (1), commencing January 1, 2000, the schedule of rates and the components used in the rate calculations specified in the departments regulations for foster family agencies shall be increased by 2.36 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new schedule of rates for foster family agencies.
(f)For the 19992000 fiscal year, foster family agency rates that are not determined by the schedule of rates set forth in the departments regulations, shall be increased by the same percentage as provided in subdivision (e).
(g)(1)For the 200001 fiscal year and each fiscal year thereafter, the foster family agency rate shall be supplemented by one hundred dollars ($100) for clothing per year per child in care, subject to the availability of funds. The supplemental payment shall be used to supplement, and shall not be used to supplant, any clothing allowance paid in addition to the foster family agency rate.
(2)Notwithstanding paragraph (1), commencing with the 201213 fiscal year, and each fiscal year thereafter, no supplemental clothing allowance shall be provided, because the rate issued in accordance with paragraph (1) of subdivision (m) takes the cost of clothing into account.
(h)In addition to the adjustment made pursuant to subdivision (e), the component for social work activities in the rate calculation specified in the departments regulations for foster family agencies shall be increased by 10 percent, effective January 1, 2001. This additional funding shall be used by foster family agencies solely to supplement staffing, salaries, wages, and benefit levels of staff performing social work activities. The schedule of rates shall be recomputed using the adjusted amount for social work activities. The resultant amounts shall constitute the new schedule of rates for foster family agencies. The department may require a foster family agency receiving this additional funding to certify that the funding was utilized in accordance with the provisions of this section.
(i)The increased rate provided by subparagraph (C) of paragraph (1) of subdivision (d) of Section 11461 shall not be used to compute the monthly amount that may be paid to licensed foster family agencies for the placement of children in certified foster homes.
(j)The total foster family agency rate by age group in effect as of January 1, 2008, paid to licensed foster family agencies for the placement of children in certified foster family homes, shall be reduced by 10 percent, effective October 1, 2009. The foster family agency shall have flexibility in applying the reduction, however, nothing shall be deducted from the child base rate, as defined in departmental regulations. When the rate is restored to at least the rate in effect on September 1, 2009, the director shall issue the declaration described in Section 1506.3 of the Health and Safety Code.
(k)Effective October 1, 2009, the total foster family agency rate by age group, in effect for those agency rates that are not determined by the schedule of rates set forth in the departments regulations, shall be reduced by the same percentage and in the same manner as provided for in subdivision (j).
(l)(1)The department shall determine, consistent with the requirements of this section and other relevant requirements under law, the rate category for each foster family agency on a biennial basis. Submission of the biennial rate application shall be according to a schedule determined by the department.
(2)The department shall adopt regulations to implement this subdivision. The adoption, amendment, repeal, or readoption of a regulation authorized by this subdivision is deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement to describe specific facts showing the need for immediate action.
(m)(1)On and after July 1, 2012, the basic rate payment that shall be made to the certified parent pursuant to this section for care and supervision of a child who is living in a certified home of a foster family agency, as defined in Section 11400, shall equal the basic rate for children based in a licensed or approved home, as specified in paragraph (1) of subdivision (g) of Section 11461.
(2)The basic rate payment to the certified parent made pursuant to paragraph (1) shall be adjusted annually on July 1, by the annual percentage change in the California Necessities Index, in accordance with paragraph (2) of subdivision (g) of Section 11461. The adjustment in this paragraph shall be in lieu of any adjustment pursuant to subdivision (e).
(n)Notwithstanding any other law, the changes to the basic rate payment specified in subdivision (m) shall not change the remaining components of the foster family agency rate. The new foster family agency rate shall be increased only by the amounts specified pursuant to subdivision (m). The resulting amounts shall constitute the new schedule of rates for foster family agencies, which shall be issued by all-county letters or similar instructions from the department.
(o)Beginning in the 201112 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
(p)(1)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific the changes to this section made by the act that added this section, and amend and repeal regulations and orders subject to this section and adopted by the department by means of all-county letters or similar instructions from the department until regulations are adopted. The department shall adopt emergency regulations no later than July 1, 2014. The department may readopt any emergency regulation authorized by this section that is the same as, or substantially equivalent to, an emergency regulation previously adopted under this section.
(2)The initial adoption of emergency regulations pursuant to this section and one readoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and each shall remain in effect for no more than 180 days, by which time final regulations may be adopted.
(q)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 68.SEC. 70.Section 11463 is added to the Welfare and Institutions Code, to read:11463.(a)The department shall commence development of a new payment structure for the Title IV-E funded foster family agency placement option that maximizes federal funding.
(b)The department shall develop a payment system for foster family agencies that provide nontreatment, treatment, intensive treatment, and therapeutic foster care programs, and shall consider all of the following factors:
(1)Administrative activities that are eligible for federal financial participation provided, at county request, for and to 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 provided that encompass community services and supports, permanency-related services, medical and mental health support and access to services, educational support, life and social support, transitional support services upon discharge, biological parent and resource family supports, and services for nonminor dependents.
(6)Staff training.
(7)Health and Safety Code requirements.
(8)A process for accreditation that includes all of the following:
(A)Provision for all licensed foster family agencies to maintain in good standing accreditation from a nationally recognized accreditation agency with expertise in programs for youth group care facilities, as determined by the department.
(B)Promulgation by the department of information identifying the agency or agencies from which accreditation shall be required.
(C)Provision for timely reporting to the department of any change in accreditation status.
(9)Mental health certification, including a requirement to timely report to the department any change in mental health certificate status.
(10)Populations served, including, but not limited to, any of the following:
(A)Seriously emotionally disturbed children Children and youth assessed as having an emotional disturbance as defined in Section 300.8(c)(4)(i) of Title 34 of the Code of Federal Regulations placed out-of-home pursuant to an individualized education program developed under Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1 of the Government Code.
(B)AFDC-FC children 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 develop a system of governmental monitoring and oversight that shall be carried out in coordination with the State Department of Health Care Services. Oversight responsibilities shall include, but not be limited to, ensuring conformity with federal and state law, including program, fiscal, and health and safety reviews.
(d)The department shall consider the impact on children and youth being transitioned to alternate programs as a result of the new ratesetting system.
(e) This section shall become operative on January 1, 2017.
SEC. 69.SEC. 71.Section 11463.01 is added to the Welfare and Institutions Code, immediately after Section 11463, to read:11463.01.(a)(1)The department, with the advice, assistance, and cooperation of the counties and foster care providers, shall develop, implement, and maintain a ratesetting system for foster family agencies.
(2)No county shall be reimbursed for any percentage increases in payments, made on behalf of AFDC-FC funded children who are placed with foster family agencies, that exceed the percentage cost-of-living increase provided in any fiscal year, as specified in subdivision (c) of Section 11461.
(b)The department shall develop regulations specifying the purposes, types, and services of foster family agencies, including the use of those agencies for the provision of emergency shelter care. A distinction, for ratesetting purposes, shall be drawn between foster family agencies that provide treatment of children in foster families and those that provide nontreatment services.
(c)The department shall develop and maintain regulations specifying the procedures for the appeal of department decisions about the setting of an agencys 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 based in a licensed or approved home, as specified in paragraph (1) of subdivision (g) of Section 11461.
(2)The basic rate payment to the certified parent made pursuant to paragraph (1) shall be adjusted annually on July 1, by the annual percentage change in the California Necessities Index, in accordance with paragraph (2) of subdivision (g) of Section 11461. The adjustment in this paragraph shall be in lieu of any adjustment pursuant to subdivision (e) of Section 11463, as that section read on January 1, 2015.
(h)Notwithstanding any other law, the changes to the basic rate payment specified in subdivision (g) shall not change the remaining components of the foster family agency rate. The new foster family agency rate shall be increased only by the amounts specified pursuant to subdivision (g). The resulting amounts shall constitute the new schedule of rates for foster family agencies, which shall be issued by all-county letters or similar instructions from the department.
(i)For each fiscal year, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
(j)(1)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific the changes to this section made by the act that added this section, and amend and repeal regulations and orders subject to this section and adopted by the department by means of all-county letters or similar instructions from the department until regulations are adopted. The department shall adopt emergency regulations no later than July 1, 2016. The department may readopt any emergency regulation authorized by this section that is the same as, or substantially equivalent to, an emergency regulation previously adopted under this section.
(2)The initial adoption of emergency regulations pursuant to this section and one readoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and each shall remain in effect for no more than 180 days, by which time final regulations may be adopted.
(k)This section shall only apply to a foster family agency that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11463.1.
(l)This section shall become operative on January 1, 2017.
(m)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 70.SEC. 72.Section 11463.1 is added to the Welfare and Institutions Code, to read:11463.1.(a)Notwithstanding any other law, commencing January 1, 2017, no new foster family agency shall be established pursuant to the rate in effect through December 31, 2016.
(b)Notwithstanding subdivision (a), the department may grant an exception as appropriate, on a case-by-case basis, when a written request and supporting documentation are provided by a county placing agency, including a county welfare or probation director, that absent the granting of that exception, there is a material risk to the welfare of children due to an inadequate supply of appropriate alternative placement options to meet the needs of children 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 may request an exception to extend its rate as follows:
(1)The department may grant an extension for up to one year, through December 31, 2017, on a case-by-case basis, when a written request and supporting documentation are provided by a county placing agency, including a county welfare or probation director, that absent the granting of that exception, there is a material risk to the welfare of children 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, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 71.SEC. 73.Section 11465 of the Welfare and Institutions Code is amended to read:11465.(a)When a child is living with a parent who receives AFDC-FC or Kin-GAP benefits, the rate paid to the provider on behalf of the parent shall include an amount for care and supervision of the child.
(b)For each category of eligible licensed community care facility, as defined in Section 1502 of the Health and Safety Code, the department shall adopt regulations setting forth a uniform rate to cover the cost of care and supervision of the child in each category of eligible licensed community care facility.
(c)(1)On and after July 1, 1998, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 6 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate.
(2)(A)On and after July 1, 1999, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be adjusted by an amount equal to the California Necessities Index computed pursuant to Section 11453, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate, subject to further adjustment pursuant to subparagraph (B).
(B)In addition to the adjustment specified in subparagraph (A), on and after January 1, 2000, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 2.36 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate.
(3)Subject to the availability of funds, for the 200001 fiscal year and annually thereafter, these rates shall be adjusted for cost of living pursuant to procedures in Section 11453.
(4)On and after January 1, 2008, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 5 percent, rounded to the nearest dollar. The resulting amount shall constitute the new uniform rate.
(d)(1)Notwithstanding subdivisions (a) to (c), inclusive, the payment made pursuant to this section for care and supervision of a child who is living with a teen parent in a whole family foster home, as defined in Section 11400, shall equal the basic rate for children placed in a licensed or approved home as specified in subdivisions (a) to (d), inclusive, and subdivision (g), of Section 11461.
(2)(A)The amount paid for care and supervision of a dependent infant living with a dependent teen parent receiving AFDC-FC benefits in a group home placement shall equal the infant supplement rate for group home placements.
(B)Commencing January 1, 2017, the amount paid for care and supervision of a dependent infant living with a dependent teenage parent receiving AFDC-FC benefits in a short-term residential treatment center shall equal the infant supplement rate for short-term residential treatment centers established by the department.
(3)(A)The caregiver shall provide the county child welfare agency or probation department with a copy of the shared responsibility plan developed pursuant to Section 16501.25 and shall advise the county child welfare agency or probation department of any subsequent changes to the plan. Once the plan has been completed and provided to the appropriate agencies, the payment made pursuant to this section shall be increased by an additional two hundred dollars ($200) per month to reflect the increased care and supervision while he or she is placed in the whole family foster home.
(B)A nonminor dependent parent residing in a supervised independent living placement, as defined in subdivision (w) of Section 11400, who develops a written parenting support plan pursuant to Section 16501.26 shall provide the county child welfare agency or probation department with a copy of the plan and shall advise the county child welfare agency or probation department of any subsequent changes to the plan. The payment made pursuant to this section shall be increased by an additional two hundred dollars ($200) per month after all of the following have been satisfied:
(i)The plan has been completed and provided to the appropriate county agency.
(ii)The plan has been approved by the appropriate county agency.
(iii)The county agency has determined that the identified responsible adult meets the criteria specified in Section 16501.27.
(4)In a year in which the payment provided pursuant to this section is adjusted for the cost of living as provided in paragraph (1) of subdivision (c), the payments provided for in this subdivision shall also be increased by the same procedures.
(5)A Kin-GAP relative who, immediately prior to entering the Kin-GAP program, was designated as a whole family foster home shall receive the same payment amounts for the care and supervision of a child who is living with a teen parent they received in foster care as a whole family foster home.
(6)On and after January 1, 2012, the rate paid for a child living with a teen parent in a whole family foster home as defined in Section 11400 shall also be paid for a child living with a nonminor dependent parent who is eligible to receive AFDC-FC or Kin-GAP pursuant to Section 11403.
SEC. 72.SEC. 74.Section 11466 is added to the Welfare and Institutions Code, to read:11466.For the purposes of this section to Section 114691.1, inclusive, provider shall mean a group home, short-term residential treatment center, a foster family agency that provides treatment services, and similar foster care business entities.
SEC. 73.SEC. 75.Section 11466.21 of the Welfare and Institutions Code is amended to read:11466.21.(a)In accordance with subdivision (b), as a condition to receive an AFDC-FC rate for a program including, but not limited to, a group home, a foster family agency that provides treatment services, or a short-term residential treatment center, the following shall apply:
(1)Any provider who expends in combined federal funds an amount at or above the federal funding threshold in accordance with the federal Single Audit Act, as amended, and Section 200.501 of Title 2 of the Code of Federal Regulations shall arrange to have a financial audit conducted on an annual basis, and shall submit the annual financial audit to the department in accordance with regulations adopted by the department.
(2)Any provider who expends in combined federal funds an amount below the federal funding threshold in accordance with the federal Single Audit Act, as amended, and Section 200.501 of Title 2 of the Code of Federal Regulations shall submit to the department a financial audit on its most recent fiscal period at least once every three years. The department shall provide timely notice to the providers of the date that submission of the financial audit is required. That date of submission of the financial audit shall be established in accordance with regulations adopted by the department.
(3)The scope of the financial audit shall include all of the programs and activities operated by the provider and shall not be limited to those funded in whole or in part by the AFDC-FC program. The financial audits shall include, but not be limited to, an evaluation of the accounting and control systems of the provider.
(4)The provider shall have its financial audit conducted by certified public accountants or by state-licensed public accountants who have no direct or indirect relationship with the functions or activities being audited, or with the provider, its board of directors, officers, or staff.
(5)The provider shall have its financial audits conducted in accordance with Government Auditing Standards issued by the Comptroller General of the United States and in compliance with generally accepted accounting principles applicable to private entities organized and operated on a nonprofit basis.
(6)(A)Each provider shall have the flexibility to define the calendar months included in its fiscal year.
(B)A provider may change the definition of its fiscal year. However, the financial audit conducted following the change shall cover all of the months since the last audit, even though this may cover a period that exceeds 12 months.
(b)(1)In accordance with subdivision (a), as a condition to receive an AFDC-FC rate that becomes effective on or after July 1, 2000, a provider shall submit a copy of its most recent financial audit report, except as provided in paragraph (3).
(2)The department shall terminate the rate of a provider who fails to submit a copy of its most recent financial audit pursuant to subdivision (a). A terminated rate shall only be reinstated upon the providers submission of an acceptable financial audit.
(3)Effective July 1, 2000, a new provider that has been incorporated for fewer than 12 calendar months shall not be required to submit a copy of a financial audit to receive an AFDC-FC rate for a new program. The financial audit shall be conducted on the providers next full fiscal year of operation. The provider shall submit the financial audit to the department in accordance with subdivision (a).
(c)The department shall implement this section through the adoption of emergency regulations.
SEC. 74.SEC. 76.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 that provide treatment services, receive the level of care and supervision commensurate with the programs 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, it shall be liable to repay the overpayment.
(d)(1)Overpayments shall be determined by either a provider audit or a provider self-reporting an overpayment.
(2)If an informal hearing is not requested, or on the 60th day after an informal decision if a provider or the department does not file a notice of intent to file a formal appeal, or on the 30th day following a formal appeal hearing decision, whichever is latest, a group home provider overpayment shall be sustained for collection purposes and the department shall issue a demand letter for repayment of the sustained overpayment.
(3)The department shall establish a voluntary repayment agreement procedure with a maximum repayment period of nine years. The procedure shall take into account the amount of the overpayment, projected annual income of the program that caused the overpayment, a minimum repayment amount, including principal and interest, of 3 percent of annual income prorated on a monthly basis, simple interest for the first seven years of the voluntary repayment agreement on the overpayment amount based on the Surplus Money Investment Fund, and simple interest for the eighth and ninth years of the voluntary repayment agreement based on the prime rate at that time plus 3 percent. The department may adopt regulations permitting the director, at his or her discretion, to renegotiate the volunteer repayment agreement if the director determines that the agreement would cause severe harm to children in placement.
(4)The department shall establish an involuntary overpayment collection procedure, that shall take into account the amount of the overpayment, projected annual income, a minimum required repayment amount, including principal and interest, of 5 percent of the annual income prorated on a monthly basis, simple interest on the overpayment amount based on the Surplus Money Investment Fund, and a maximum repayment period of seven years. The department may establish regulations permitting the director at his or her discretion to renegotiate the involuntary payment agreement if the director determines that the agreement would cause severe harm to children in placement.
(e)The department shall develop regulations for recovery of any provider sustained overpayments. The regulations 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.
(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 providers 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. 75.SEC. 77.Section 11466.25 of the Welfare and Institutions Code is amended to read:11466.25.Interest begins to accrue on a provider overpayment on the date of the issuance of the final audit report.
SEC. 76.SEC. 78.Section 11466.3 of the Welfare and Institutions Code is amended to read:11466.3.(a)The department shall offer a voluntary repayment agreement procedure to providers that owe a sustained overpayment. A provider may enter into a voluntary repayment agreement with the department to repay a sustained overpayment. The voluntary repayment agreement shall, at a minimum, meet the requirements developed pursuant to paragraph (3) of subdivision (d) of Section 11466.2.
(b)The department shall charge simple interest on the voluntary repayment agreement in accordance with paragraph (3) of subdivision (d) of Section 11466.2.
SEC. 77.SEC. 79.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. Overpayments shall be offset against current monthly rate reimbursement payments due and payable to a provider under this chapter.
SEC. 78.SEC. 80.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 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 providers 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 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. 79.SEC. 81.Section 11466.33 of the Welfare and Institutions Code is amended to read:11466.33.(a)If any amount is due and payable to the department as a result of sustained overpayment to a provider for care and services in the AFDC-FC program, the department may file, in the office of any county clerk of any county in which the provider has real or personal property, a certificate if any of the following conditions are met:
(1)No informal hearing is requested and if a provider has not submitted a voluntary repayment agreement with the first payment, and 60 days have elapsed from the notice of audit results.
(2)No formal appeal is requested and if a provider has not submitted a voluntary repayment agreement along with the first payment, and 60 days have elapsed from the notice of the informal hearing decision.
(3)A provider has not submitted a voluntary repayment agreement along with the first payment, and 30 days have elapsed after an adverse appeal decision by a hearing officer that sustains an overpayment.
(b)The certificate provided for pursuant to subdivision (a) shall contain:
(1)The amount due, owing, and unpaid, plus simple interest on the amount owing and unpaid beginning on the date the certificate is filed.
(2)A statement that the department has complied with this section prior to the filing of the certificate.
(3)A request that a lien be recorded against the provider in the amount set forth in the certificate.
(c)The county clerk immediately upon the filing of the certificate shall record the lien for the State of California against the provider in the amount set forth in the certificate. The lien may be filed in the chain of title of the property.
(d)The department shall pay the cost of the first lien, and providers shall be responsible for any subsequent liens on a sustained overpayment.
(e)For the first certificate filed by the department pursuant to this section, the county shall waive all filing fees.
SEC. 80.SEC. 82.Section 11466.34 of the Welfare and Institutions Code is amended to read:11466.34.(a)(1)At any time within 10 years of the recording of a lien pursuant to Section 11466.33, the department may bring an action, in a superior court in the county in which the lien is filed, seeking a judgment to establish the lien as a judgment lien.
(2)If a judgment is obtained pursuant to paragraph (1), the county recorder shall record the lien as a judgment lien.
(b)An abstract of a judgment obtained pursuant to subdivision (a) or a copy thereof may be recorded with the county recorder of any county. From the time of recording, the judgment shall constitute a lien upon all real or personal property of the provider in that county owned by the provider at the time, or that the provider may afterwards, but before the lien expires, acquire. The judgment lien shall continue for 10 years from the time of recording of the abstract of judgment obtained pursuant to subdivision (a), unless sooner released or otherwise discharged.
(c)The judgment lien may, within 10 years from the date of recording of the abstract of judgment or within 10 years from the date of the last extension of the lien in the manner provided in this section, be extended by recording a new abstract in the office of the county recorder of any county. From the date of that recording, the lien shall be extended for 10 years, unless sooner released or otherwise discharged.
(d)The department may release any lien imposed pursuant to this chapter, at the providers cost, in which case any judgment pertaining to that lien is for all purposes null and void, if all of the following conditions are met:
(1)No temporary suspension order or license revocation actions by the departments community care licensing division is pending against a provider.
(2)A provider has made at least three timely payments on a voluntary repayment agreement.
(3)The provider submits to the department corroborative evidence that it is unable to obtain a loan from an institutional lender unless the lien is released.
(e)Execution shall issue upon a judgment obtained pursuant to this section upon request of the department in the same manner as execution may issue upon other judgments. Sale shall be held under that execution as prescribed in the Code of Civil Procedure. In all proceedings under this section, the director or his or her authorized agents may act on behalf of the state.
SEC. 81.SEC. 83.Section 11466.35 of the Welfare and Institutions Code is amended to read:11466.35.(a)Any licensee who has been determined to owe a sustained overpayment under this chapter, and who, subsequent to notice of the sustained overpayment, has its rate terminated, shall be ineligible to apply or receive a rate for any future program until the overpayment is repaid.
(b)A rate application shall be denied for a provider that meets either of the following conditions:
(1)A provider owing a sustained overpayment under this chapter, upon the occurrence of any additional sustained overpayment, shall be ineligible to apply or receive a rate for an existing or future program until the sustained overpayments are repaid, unless a voluntary repayment agreement is approved by the department.
(2)A provider incurring a sustained overpayment that constitutes more than 60 percent of the providers annual rate reimbursement shall be ineligible to apply or receive a rate for any existing or future programs until the sustained overpayments are repaid, unless a voluntary repayment agreement is approved by the department.
SEC. 82.SEC. 84.Section 11466.36 of the Welfare and Institutions Code is amended to read:11466.36.(a)The department may terminate a program rate if any of the following conditions are met:
(1)The department determines that, based upon the findings of a hearing officer, a rate application or information submitted by a provider was fraudulently submitted to the department.
(2)A provider with an outstanding sustained overpayment incurs a second sustained overpayment, and is unable to repay the sustained overpayments.
(3)A provider has a sustained overpayment that represents 100 percent of a providers annual rate reimbursement.
(b)This chapter shall not be construed to affect the departments authority under other provisions of law for collection of provider sustained overpayments.
SEC. 83.SEC. 85.Section 11466.5 of the Welfare and Institutions Code is amended to read:11466.5.The department shall collect cost data and monitor the cost of providing care and supervision, and social work services, to AFDC-FC recipients. These data shall include, but not be limited to, the costs incurred for employee wages and benefits.
SEC. 84.SEC. 86.Section 11466.6 of the Welfare and Institutions Code is amended to read:11466.6.A provider who disagrees with the rate determined by the department or adjusted by a program audit may request in writing an appeal by the director or the directors designee. The department shall adopt regulations establishing procedures for the departmental appeal process.
SEC. 85.SEC. 87.Section 11468 of the Welfare and Institutions Code is amended to read:11468.The department shall establish administrative procedures to review the rate set by the department for AFDC-FC programs, including, but not limited to, group homes, short-term residential treatment centers, and foster family agencies that provide treatment services.
SEC. 86.SEC. 88.Section 16000 of the Welfare and Institutions Code is amended to read:16000.(a)It is the intent of the Legislature to preserve and strengthen a childs family ties whenever possible, removing the child from the custody of his or her parents only when necessary for his or her welfare or for the safety and protection of the public. If a child is removed from the physical custody of his or her parents, preferential consideration shall be given whenever possible to the placement of the child with the relative as required by Section 7950 of the Family Code. If the child is removed from his or her own family, it is the purpose of this chapter to secure as nearly as possible for the child the custody, care, and discipline equivalent to that which should have been given to the child by his or her parents. It is further the intent of the Legislature to reaffirm its commitment to children who are in out-of-home placement to live in the least restrictive, most familylike setting and to live as close to the childs family as possible pursuant to subdivision (c) of Section 16501.1. Family reunification services shall be provided for expeditious reunification of the child with his or her family, as required by law. If reunification is not possible or likely, a permanent alternative shall be developed.
(b)It is further the intent of the Legislature that all children live with a committed, permanent, and nurturing family. Services and supports should be tailored to meet the needs of the individual child and family being served, with the ultimate goal of maintaining the family, or when this is not possible, transitioning the child or youth to a permanent family or preparing the youth for a successful transition into adulthood. When needed, short-term residential treatment center program services are a short-term, specialized, and intensive intervention that is just one part of a continuum of care available for children, youth, young adults, and their families.
(c)It is further the intent of the Legislature to ensure that all pupils in foster care and those who are homeless as defined by the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.) have the opportunity to meet the challenging state pupil academic achievement standards to which all pupils are held. In fulfilling their responsibilities to pupils in foster care, educators, county placing agencies, care providers, advocates, and the juvenile courts shall work together to maintain stable school placements and to ensure that each pupil is placed in the least restrictive educational programs, and has access to the academic resources, services, and extracurricular and enrichment activities that are available to all pupils. In all instances, educational and school placement decisions shall be based on the best interests of the child.
SEC. 87.SEC. 89.Section 16003 of the Welfare and Institutions Code is amended to read:16003.(a)In order to promote the successful implementation of the statutory preference for foster care placement with a relative caretaker as set forth in Section 7950 of the Family Code, each community college district with a foster care education program shall make available orientation and training to the relative or nonrelative extended family member caregiver into whose care the county has placed a foster child pursuant to Section 1529.2 of the Health and Safety Code, including, but not limited to, courses that cover the following:
(1)The role, rights, and responsibilities of a relative or nonrelative extended family member caregiver caring for a child in foster care, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(2)An overview of the child protective system.
(3)The effects of child abuse and neglect on child development.
(4)Positive discipline and the importance of self-esteem.
(5)Health issues in foster care.
(6)Accessing education and health services that are available to foster children.
(7)Relationship and safety issues regarding contact with one or both of the birth parents.
(8)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(9)Information on resources available for those who meet eligibility criteria, including out-of-home care payments, the Medi-Cal program, in-home supportive services, and other similar resources.
(10)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(11)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the School Safety and Violence Prevention Act of 2000 (Article Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code) Code.
(b)In addition to training made available pursuant to subdivision (a), each community college district with a foster care education program shall make training available to a relative or nonrelative extended family member caregiver that includes, but need not be limited to, courses that cover all of the following:
(1)Age-appropriate child development.
(2)Health issues in foster care.
(3)Positive discipline and the importance of self-esteem.
(4)Emancipation and independent living.
(5)Accessing education and health services available to foster children.
(6)Relationship and safety issues regarding contact with one or both of the birth parents.
(7)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(8)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the School Safety and Violence Prevention Act of 2000 (Article Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code) Code.
(c)In addition to the requirements of subdivisions (a) and (b), each community college district with a foster care education program, in providing the orientation program, shall develop appropriate program parameters in collaboration with the counties.
(d)Each community college district with a foster care education program shall make every attempt to make the training and orientation programs for relative or nonrelative extended family member caregivers highly accessible in the communities in which they reside.
(e)When a child is placed with a relative or nonrelative extended family member caregiver, the county shall inform the caregiver of the availability of training and orientation programs and it is the intent of the Legislature that the county shall forward the names and addresses of relative or nonrelative extended family member caregivers to the appropriate community colleges providing the training and orientation programs.
(f)This section shall not be construed to preclude counties from developing or expanding existing training and orientation programs for foster care providers to include relative or nonrelative extended family member caregivers.
(g)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 88.SEC. 90.Section 16501 of the Welfare and Institutions Code is amended to read:16501.(a)(1)As used in this chapter, child welfare services means public social services that are directed toward the accomplishment of any or all of the following purposes: protecting and promoting the welfare of all children, including handicapped disabled, homeless, dependent, or neglected children; preventing or remedying, or assisting in the solution of problems which may result in, the neglect, abuse, exploitation, or delinquency of children; preventing the unnecessary separation of children from their families by identifying family problems, assisting families in resolving their problems, and preventing breakup of the family where the prevention of child removal is desirable and possible; restoring to their families children who have been removed, by the provision of services to the child and the families; identifying children to be placed in suitable adoptive homes, in cases where restoration to the biological family is not possible or appropriate; and ensuring adequate care of children away from their homes, in cases where the child cannot be returned home or cannot be placed for adoption.
(2)Child welfare services also means services provided on behalf of children alleged to be the victims of child abuse, neglect, or exploitation. The child welfare services provided on behalf of each child represent a continuum of services, including emergency response services, family preservation services, family maintenance services, family reunification services, and permanent placement services, including supportive transition services. The individual childs case plan is the guiding principle in the provision of these services. The case plan shall be developed within a maximum of 60 days of the initial removal of the child or of the in-person response required under subdivision (f) if the child has not been removed from his or her home, or by the date of the dispositional hearing pursuant to Section 358, whichever comes first.
(3)Child welfare services are best provided in a framework that integrates service planning and delivery among multiple service systems, including the mental health system, using a team-based approach, such as a child and family team. A child and family team brings together individuals that engage with the child or youth and family in assessing, planning, and delivering services. A child and family team, defined in subdivision (a) of Section 831, is comprised of the child or youth, family, caregiver, placing agency caseworker, county mental health representative for placement into a mental health certified facility, and a representative of the childs tribe or Indian custodian, as applicable. As appropriate, the child and family team also may include behavioral health representatives and other formal supports, such as educational professionals and representatives from other agencies providing services to the child or youth and family. A child and family team also may include extended family and informal support persons, such as friends, coaches, faith-based connections, and tribes as identified by the child or youth and family. Use of a team approach increases efficiency, and thus reduces cost, by increasing coordination of formal services and integrating the natural and informal supports available to the child or youth and family.
(4)Child and family team means a supportive team that informs the process of placement and services to children and youth in foster care or who are at risk of foster care placement. The child and family team is comprised of the child or youth, the childs family, the caregiver, the placing agency caseworker, a county mental health representative, and a representative of the childs or youths tribe or Indian custodian, as applicable. As appropriate, the child and family team also may include, but is not limited to, behavioral health representatives and other formal supports, such as educational professionals and representatives from other agencies providing services to the child or youth and family. For purposes of this definition, the child and family team also may include extended family and informal support persons, such as friends, coaches, faith-based connections, and tribes as identified by the child or youth and family. If placement into a short-term residential treatment center or a foster family agency that provides treatment services has occurred or is being considered, the mental health representative is required to be a licensed mental health professional.
(4)
(5)Child welfare services may include, but are not limited to, a range of service-funded activities, including case management, counseling, emergency shelter care, emergency in-home caretakers, temporary in-home caretakers, respite care, therapeutic day services, teaching and demonstrating homemakers, parenting training, substance abuse testing, and transportation. These service-funded activities shall be available to children and their families in all phases of the child welfare program in accordance with the childs case plan and departmental regulations. Funding for services is limited to the amount appropriated in the annual Budget Act and other available county funds.
(5)
(6)Service-funded activities to be provided may be determined by each county, based upon individual child and family needs as reflected in the service plan.
(6)
(7)As used in this chapter, emergency shelter care means emergency shelter provided to children who have been removed pursuant to Section 300 from their parent or parents or their guardian or guardians. The department may establish, by regulation, the time periods for which emergency shelter care shall be funded. For the purposes of this paragraph, emergency shelter care may include transitional shelter care facilities as defined in paragraph (11) of subdivision (a) of Section 1502 of the Health and Safety Code.
(b)As used in this chapter, respite care means temporary care for periods not to exceed 72 hours. This care may be provided to the childs parents or guardians. This care shall not be limited by regulation to care over 24 hours. These services shall not be provided for the purpose of routine, ongoing child care.
(c)The county shall provide child welfare services as needed pursuant to an approved service plan and in accordance with regulations promulgated, in consultation with the counties, by the department. Counties may contract for service-funded activities as defined in paragraph (1) of subdivision (a). Each county shall use available private child welfare resources prior to developing new county-operated resources when the private child welfare resources are of at least equal quality and lesser or equal cost as compared with county-operated resources. Counties shall not contract for needs assessment, client eligibility determination, or any other activity as specified by regulations of the State Department of Social Services, except as specifically authorized in Section 16100.
(d)Nothing in this chapter shall be construed to affect duties which are delegated to probation officers pursuant to Sections 601 and 654.
(e)Any county may utilize volunteer individuals to supplement professional child welfare services by providing ancillary support services in accordance with regulations adopted by the State Department of Social Services.
(f)As used in this chapter, emergency response services consist of a response system providing in-person response, 24 hours a day, seven days a week, to reports of abuse, neglect, or exploitation, as required by Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code for the purpose of investigation pursuant to Section 11166 of the Penal Code and to determine the necessity for providing initial intake services and crisis intervention to maintain the child safely in his or her own home or to protect the safety of the child. County welfare departments shall respond to any report of imminent danger to a child immediately and all other reports within 10 calendar days. An in-person response is not required when the county welfare department, based upon an evaluation of risk, determines that an in-person response is not appropriate. This evaluation includes collateral, contacts, a review of previous referrals, and other relevant information, as indicated.
(g)As used in this chapter, family maintenance services are activities designed to provide in-home protective services to prevent or remedy neglect, abuse, or exploitation, for the purposes of preventing separation of children from their families.
(h)As used in this chapter, family reunification services are activities designed to provide time-limited foster care services to prevent or remedy neglect, abuse, or exploitation, when the child cannot safely remain at home, and needs temporary foster care, while services are provided to reunite the family.
(i)As used in this chapter, permanent placement services are activities designed to provide an alternate permanent family structure for children who because of abuse, neglect, or exploitation cannot safely remain at home and who are unlikely to ever return home. These services shall be provided on behalf of children for whom there has been a judicial determination of a permanent plan for adoption, legal guardianship, or long-term foster care, and, as needed, shall include supportive transition services to nonminor dependents, as described in subdivision (v) of Section 11400.
(j)As used in this chapter, family preservation services include those services specified in Section 16500.5 to avoid or limit out-of-home placement of children, and may include those services specified in that section to place children in the least restrictive environment possible.
(k)(1)(A)In any county electing to implement this subdivision, all county welfare department employees who have frequent and routine contact with children shall, by February 1, 1997, and all welfare department employees who are expected to have frequent and routine contact with children and who are hired on or after January 1, 1996, and all such employees whose duties change after January 1, 1996, to include frequent and routine contact with children, shall, if the employees provide services to children who are alleged victims of abuse, neglect, or exploitation, sign a declaration under penalty of perjury regarding any prior criminal conviction, and shall provide a set of fingerprints to the county welfare director.
(B)The county welfare director shall secure from the Department of Justice a criminal record to determine whether the employee has ever been convicted of a crime other than a minor traffic violation. The Department of Justice shall deliver the criminal record to the county welfare director.
(C)If it is found that the employee has been convicted of a crime, other than a minor traffic violation, the county welfare director shall determine whether there is substantial and convincing evidence to support a reasonable belief that the employee is of good character so as to justify frequent and routine contact with children.
(D)No exemption shall be granted pursuant to subparagraph (C) if the person has been convicted of a sex offense against a minor, or has been convicted of an offense specified in Section 220, 243.4, 264.1, 273d, 288, or 289 of the Penal Code, or in paragraph (1) of Section 273a of, or subdivision (a) or (b) of Section 368 of, the Penal Code, or has been convicted of an offense specified in subdivision (c) of Section 667.5 of the Penal Code. The county welfare director shall suspend such a person from any duties involving frequent and routine contact with children.
(E)Notwithstanding subparagraph (D), the county welfare director may grant an exemption if the employee or prospective employee, who was convicted of a crime against an individual specified in paragraph (1) or (7) of subdivision (c) of Section 667.5 of the Penal Code, has been rehabilitated as provided in Section 4852.03 of the Penal Code and has maintained the conduct required in Section 4852.05 of the Penal Code for at least 10 years and has the recommendation of the district attorney representing the employees or prospective employees county of residence, or if the employee or prospective employee has received a certificate of rehabilitation pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code. In that case, the county welfare director may give the employee or prospective employee an opportunity to explain the conviction and shall consider that explanation in the evaluation of the criminal conviction record.
(F)If no criminal record information has been recorded, the county welfare director shall cause a statement of that fact to be included in that persons personnel file.
(2)For purposes of this subdivision, a conviction means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Any action that the county welfare director is permitted to take following the establishment of a conviction may be taken when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, notwithstanding a subsequent order pursuant to Sections 1203.4 and 1203.4a of the Penal Code permitting the person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment. For purposes of this subdivision, the record of a conviction, or a copy thereof certified by the clerk of the court or by a judge of the court in which the conviction occurred, shall be conclusive evidence of the conviction.
SEC. 89.SEC. 91.Section 16501.1 of the Welfare and Institutions Code is amended to read:16501.1.(a)(1)The Legislature finds and declares that the foundation and central unifying tool in child welfare services is the case plan.
(2)The Legislature further finds and declares that a case plan ensures that the child receives protection and safe and proper care and case management, and that services are provided to the child and parents or other caretakers, as appropriate, in order to improve conditions in the parents home, to facilitate the safe return of the child to a safe home or the permanent placement of the child, and to address the needs of the child while in foster care.
(3)The case plan shall be developed in collaboration with the child and family team as defined in paragraph (4) of subdivision (a) of Section 16501. The agency shall consider the recommendations of the child and family team. The agency shall document the rationale for any inconsistencies between the case plan and the child and family team recommendations.
(b)(1)A case plan shall be based upon the principles of this section and shall document that a preplacement assessment of the service needs of the child and family, and preplacement preventive services, have been provided, and that reasonable efforts to prevent out-of-home placement have been made. and the input from the child and family team.
(2)The case plan shall document that a preplacement assessment of the service needs of the child and family, and preplacement preventive services, have been provided, and that reasonable efforts to prevent out-of-home placement have been made.
(2)
(3)In determining the reasonable services to be offered or provided, the childs health and safety shall be the paramount concerns.
(3)
(4)Upon a determination pursuant to paragraph (1) of subdivision (e) of Section 361.5 that reasonable services will be offered to a parent who is incarcerated in a county jail or state prison, detained by the United States Department of Homeland Security, or deported to his or her country of origin, the case plan shall include information, to the extent possible, about a parents incarceration in a county jail or the state prison, detention by the United States Department of Homeland Security, or deportation during the time that a minor child of that parent is involved in dependency care.
(4)
(5)Reasonable services shall be offered or provided to make it possible for a child to return to a safe home environment, unless, pursuant to subdivisions (b) and (e) of Section 361.5, the court determines that reunification services shall not be provided.
(5)
(6)If reasonable services are not ordered, or are terminated, reasonable efforts shall be made to place the child in a timely manner in accordance with the permanent plan and to complete all steps necessary to finalize the permanent placement of the child.
(c)If out-of-home placement is used to attain case plan goals, the case plan shall consider the recommendations of the child and family team.
(c)
(d)(1)If out-of-home placement is used to attain case plan goals, the The case plan shall include a description of the type of home or institution in which the child is to be placed, and the reasons for that placement decision. The decision regarding choice of placement shall be based upon selection of a safe setting that is the least restrictive or most familylike and the most appropriate setting that is available and in close proximity to the parents home, proximity to the childs school, and consistent with the selection of the environment best suited to meet the childs special needs and best interests. The selection shall consider, in order of priority, placement with relatives, nonrelated extended family members, and tribal members; foster and resource family homes and nontreatment certified homes of foster family agencies; followed by treatment and intensive treatment certified homes of foster family agencies; or multidimensional treatment foster care homes or therapeutic foster care homes; group care placements in the order of short-term residential treatment centers, group homes, community treatment facilities, and out-of-state residential treatment pursuant to Part 5 (commencing with Section 7900) of Division 12 of the Family Code.
(2)If a treatment placement is selected for a child, the case plan shall indicate the needs of the child that necessitate this placement, the plan for transitioning the child to a less restrictive environment, and the projected timeline by which the child will be transitioned to a less restrictive environment. This section of the case plan shall be reviewed and updated at least semiannually.
(A)The case plan for placements in a group home, or commencing January 1, 2017, in a short-term residential treatment center, shall indicate that the county has taken into consideration Section 16010.8.
(B)After January 1, 2016, if a treatment foster care placement, such as a treatment foster family agency, intensive treatment foster care, therapeutic foster care, or short-term residential treatment center, is being considered for the child or youth, a child and family team meeting as described in Sections 831 and 16501 shall be convened for the purpose of determining the appropriateness of the placement and whether there are any appropriate, less restrictive, and more family-like alternatives.
(3)On or after January 1, 2012, for a nonminor dependent, as defined in subdivision (v) of Section 11400, who is receiving AFDC-FC benefits up to 21 years of age pursuant to Section 11403, in addition to the above requirements, the selection of the placement, including a supervised independent living placement, as described in subdivision (w) of Section 11400, shall also be based upon the developmental needs of young adults by providing opportunities to have incremental responsibilities that prepare a nonminor dependent to transition to independent living. If admission to, or continuation in, a group home placement is being considered for a nonminor dependent, the group home placement approval decision shall include a youth-driven, team-based case planning process, as defined by the department, in consultation with stakeholders. The case plan shall consider the full range of placement options, and shall specify why admission to, or continuation in, a group home placement is the best alternative available at the time to meet the special needs or well-being of the nonminor dependent, and how the placement will contribute to the nonminor dependents transition to independent living. The case plan shall specify the treatment strategies that will be used to prepare the nonminor dependent for discharge to a less restrictive and more familylike setting, including a target date for discharge from the group home placement. The placement shall be reviewed and updated on a regular, periodic basis to ensure that continuation in the group home remains in the best interests of the nonminor dependent and that progress is being made in achieving case plan goals leading to independent living. The group home placement planning process shall begin as soon as it becomes clear to the county welfare department or probation office that a foster child in group home placement is likely to remain in group home placement on his or her 18th birthday, in order to expedite the transition to a less restrictive and more familylike setting if he or she becomes a nonminor dependent. The case planning process shall include informing the youth of all of his or her options, including, but not limited to, admission to or continuation in a group home placement. Consideration for continuation of existing group home placement for a nonminor dependent under 19 years of age may include the need to stay in the same placement in order to complete high school. After a nonminor dependent either completes high school or attains his or her 19th birthday, whichever is earlier, continuation in or admission to a group home is prohibited unless the nonminor dependent satisfies the conditions of paragraph (5) of subdivision (b) of Section 11403, and group home placement functions as a short-term transition to the appropriate system of care. Treatment services provided by the group home placement to the nonminor dependent to alleviate or ameliorate the medical condition, as described in paragraph (5) of subdivision (b) of Section 11403, shall not constitute the sole basis to disqualify a nonminor dependent from the group home placement.
(4)In addition to the requirements of paragraphs (1) to (3), inclusive, and taking into account other statutory considerations regarding placement, the selection of the most appropriate home that will meet the childs special needs and best interests shall also promote educational stability by taking into consideration proximity to the childs school of origin, and school attendance area, the number of school transfers the child has previously experienced, and the childs school matriculation schedule, in addition to other indicators of educational stability that the Legislature hereby encourages the State Department of Social Services and the State Department of Education to develop.
(d)
(e)A written case plan shall be completed within a maximum of 60 days of the initial removal of the child or of the in-person response required under subdivision (f) of Section 16501 if the child has not been removed from his or her home, or by the date of the dispositional hearing pursuant to Section 358, whichever occurs first. The case plan shall be updated, as the service needs of the child and family dictate. At a minimum, the case plan shall be updated in conjunction with each status review hearing conducted pursuant to Sections 364, 366, 366.3, and 366.31, and the hearing conducted pursuant to Section 366.26, but no less frequently than once every six months. Each updated case plan shall include a description of the services that have been provided to the child under the plan and an evaluation of the appropriateness and effectiveness of those services.
(1)It is the intent of the Legislature that extending the maximum time available for preparing a written case plan from 30 to 60 days will afford caseworkers time to actively engage families, and to solicit and integrate into the case plan the input of the child and the childs family, as well as the input of relatives and other interested parties.
(2)The extension of the maximum time available for preparing a written case plan from the 30 to 60 days shall be effective 90 days after the date that the department gives counties written notice that necessary changes have been made to the Child Welfare Services Case Management System to account for the 60-day timeframe for preparing a written case plan.
(e)
(f)The child welfare services case plan shall be comprehensive enough to meet the juvenile court dependency proceedings requirements pursuant to Article 6 (commencing with Section 300) of Chapter 2 of Part 1 of Division 2.
(f)
(g)The case plan shall be developed in collaboration with the child and family team, as follows:
(1)The case plan shall be based upon an assessment of the circumstances that required child welfare services intervention. The child shall be involved in developing the case plan as age and developmentally appropriate.
(2)The case plan shall identify specific goals and the appropriateness of the planned services in meeting those goals.
(3)The case plan shall identify the original allegations of abuse or neglect, as defined in Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the conditions cited as the basis for declaring the child a dependent of the court pursuant to Section 300, or all of these, and the other precipitating incidents that led to child welfare services intervention.
(4)The case plan shall include a description of the schedule of the placement agency contacts with the child and the family or other caretakers. The frequency of these contacts shall be in accordance with regulations adopted by the State Department of Social Services. If the child has been placed in foster care out of state, the county social worker or probation officer, or a social worker or probation officer on the staff of the agency in the state in which the child has been placed, shall visit the child in a foster family home or the home of a relative, consistent with federal law and in accordance with the departments approved state plan. For children in out-of-state group home facilities, visits shall be conducted at least monthly, pursuant to Section 16516.5. At least once every six months, at the time of a regularly scheduled placement agency contact with the foster child, the childs social worker or probation officer shall inform the child of his or her rights as a foster child, as specified in Section 16001.9. The social worker or probation officer shall provide the information to the child in a manner appropriate to the age or developmental level of the child.
(5)(A)When out-of-home services are used, the frequency of contact between the natural parents or legal guardians and the child shall be specified in the case plan. The frequency of those contacts shall reflect overall case goals, and consider other principles outlined in this section.
(B)Information regarding any court-ordered visitation between the child and the natural parents or legal guardians, and the terms and conditions needed to facilitate the visits while protecting the safety of the child, shall be provided to the childs out-of-home caregiver as soon as possible after the court order is made.
(6)When out-of-home placement is made, the case plan shall include provisions for the development and maintenance of sibling relationships as specified in subdivisions (b), (c), and (d) of Section 16002. If appropriate, when siblings who are dependents of the juvenile court are not placed together, the social worker for each child, if different, shall communicate with each of the other social workers and ensure that the childs siblings are informed of significant life events that occur within their extended family. Unless it has been determined that it is inappropriate in a particular case to keep siblings informed of significant life events that occur within the extended family, the social worker shall determine the appropriate means and setting for disclosure of this information to the child commensurate with the childs age and emotional well-being. These significant life events shall include, but shall not be limited to, the following:
(A)The death of an immediate relative.
(B)The birth of a sibling.
(C)Significant changes regarding a dependent child, unless the child objects to the sharing of the information with his or her siblings, including changes in placement, major medical or mental health diagnoses, treatments, or hospitalizations, arrests, and changes in the permanent plan.
(7)If out-of-home placement is made in a foster family home, group home, or other child care institution that is either a substantial distance from the home of the childs parent or out of state, the case plan shall specify the reasons why that placement is in the best interest of the child. When an out-of-state group home placement is recommended or made, the case plan shall, in addition, specify compliance with Section 7911.1 of the Family Code.
(8)Effective January 1, 2010, a case plan shall ensure the educational stability of the child while in foster care and shall include both of the following:
(A)An assurance that the placement takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement.
(B)An assurance that the placement agency has coordinated with the person holding the right to make educational decisions for the child and appropriate local educational agencies to ensure that the child remains in the school in which the child is enrolled at the time of placement or, if remaining in that school is not in the best interests of the child, assurances by the placement agency and the local educational agency to provide immediate and appropriate enrollment in a new school and to provide all of the childs educational records to the new school.
(9)(A)If out-of-home services are used, or if parental rights have been terminated and the case plan is placement for adoption, the case plan shall include a recommendation regarding the appropriateness of unsupervised visitation between the child and any of the childs siblings. This recommendation shall include a statement regarding the childs and the siblings willingness to participate in unsupervised visitation. If the case plan includes a recommendation for unsupervised sibling visitation, the plan shall also note that information necessary to accomplish this visitation has been provided to the child or to the childs siblings.
(B)Information regarding the schedule and frequency of the visits between the child and siblings, as well as any court-ordered terms and conditions needed to facilitate the visits while protecting the safety of the child, shall be provided to the childs out-of-home caregiver as soon as possible after the court order is made.
(10)If out-of-home services are used and the goal is reunification, the case plan shall describe the services to be provided to assist in reunification and the services to be provided concurrently to achieve legal permanency if efforts to reunify fail. The plan shall also consider in-state and out-of-state placements, the importance of developing and maintaining sibling relationships pursuant to Section 16002, and the desire and willingness of the caregiver to provide legal permanency for the child if reunification is unsuccessful.
(11)If out-of-home services are used, the child has been in care for at least 12 months, and the goal is not adoptive placement, the case plan shall include documentation of the compelling reason or reasons why termination of parental rights is not in the childs best interest. A determination completed or updated within the past 12 months by the department when it is acting as an adoption agency or by a licensed adoption agency that it is unlikely that the child will be adopted, or that one of the conditions described in paragraph (1) of subdivision (c) of Section 366.26 applies, shall be deemed a compelling reason.
(12)(A)Parents and legal guardians shall have an opportunity to review the case plan, and to sign it whenever possible, and then shall receive a copy of the plan. In a voluntary service or placement agreement, the parents or legal guardians shall be required to review and sign the case plan. Whenever possible, parents and legal guardians shall participate in the development of the case plan. Commencing January 1, 2012, for nonminor dependents, as defined in subdivision (v) of Section 11400, who are receiving AFDC-FC or CalWORKs assistance up to 21 years of age pursuant to Section 11403, the transitional independent living case plan, as set forth in subdivision (y) of Section 11400, shall be developed with, and signed by, the nonminor.
(B)Parents and legal guardians shall be advised that, pursuant to Section 1228.1 of the Evidence Code, neither their signature on the child welfare services case plan nor their acceptance of any services prescribed in the child welfare services case plan shall constitute an admission of guilt or be used as evidence against the parent or legal guardian in a court of law. However, they shall also be advised that the parents or guardians failure to cooperate, except for good cause, in the provision of services specified in the child welfare services case plan may be used in any hearing held pursuant to Section 366.21, 366.22, or 366.25 as evidence.
(13)A child shall be given a meaningful opportunity to participate in the development of the case plan and state his or her preference for foster care placement. A child who is 12 years of age or older and in a permanent placement shall also be given the opportunity to review the case plan, sign the case plan, and receive a copy of the case plan.
(14)The case plan shall be included in the court report and shall be considered by the court at the initial hearing and each review hearing. Modifications to the case plan made during the period between review hearings need not be approved by the court if the casework supervisor for that case determines that the modifications further the goals of the plan. If out-of-home services are used with the goal of family reunification, the case plan shall consider and describe the application of subdivision (b) of Section 11203.
(15)If the case plan has as its goal for the child a permanent plan of adoption or placement in another permanent home, it shall include a statement of the childs wishes regarding their permanent placement plan and an assessment of those stated wishes. The agency shall also include documentation of the steps the agency is taking to find an adoptive family or other permanent living arrangements for the child; to place the child with an adoptive family, an appropriate and willing relative, a legal guardian, or in another planned permanent living arrangement; and to finalize the adoption or legal guardianship. At a minimum, the documentation shall include child-specific recruitment efforts, such as the use of state, regional, and national adoption exchanges, including electronic exchange systems, when the child has been freed for adoption. If the plan is for kinship guardianship, the case plan shall document how the child meets the kinship guardianship eligibility requirements.
(16)(A)When appropriate, for a child who is 16 years of age or older and, commencing January 1, 2012, for a nonminor dependent, the case plan shall include the transitional independent living plan (TILP), a written description of the programs and services that will help the child, consistent with the childs best interests, to prepare for the transition from foster care to independent living, and, in addition, whether the youth has an in-progress application pending for Title XVI Supplemental Security Income benefits or for Special Immigrant Juvenile Status or other applicable application for legal residency and an active dependency case is required for that application. When appropriate, for a nonminor dependent, the transitional independent living case plan, as described in subdivision (v) of Section 11400, shall include the TILP, a written description of the programs and services that will help the nonminor dependent, consistent with his or her best interests, to prepare for transition from foster care and assist the youth in meeting the eligibility criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) Section 11403. If applicable, the case plan shall describe the individualized supervision provided in the supervised independent living placement as defined in subdivision (w) of Section 11400. The case plan shall be developed with the child or nonminor dependent and individuals identified as important to the child or nonminor dependent, and shall include steps the agency is taking to ensure that the child or nonminor dependent achieves permanence, including maintaining or obtaining permanent connections to caring and committed adults.
(B)During the 90-day period prior to the participant attaining 18 years of age or older as the state may elect under Section 475(8)(B)(iii) of the federal Social Security Act (42 U.S.C. Sec. 675(8)(B)(iii)), whether during that period foster care maintenance payments are being made on the childs behalf or the child is receiving benefits or services under Section 477 of the federal Social Security Act (42 U.S.C. Sec. 677), a caseworker or other appropriate agency staff or probation officer and other representatives of the participant, as appropriate, shall provide the youth or nonminor with assistance and support in developing the written 90-day transition plan, that is personalized at the direction of the child, information as detailed as the participant elects that shall include, but not be limited to, options regarding housing, health insurance, education, local opportunities for mentors and continuing support services, and workforce supports and employment services, a power of attorney for health care, and information regarding the advance health care directive form.
(C)For youth 16 years of age or older, the case plan shall include documentation that a consumer credit report was requested annually from each of the three major credit reporting agencies at no charge to the youth and that any results were provided to the youth. For nonminor dependents, the case plan shall include documentation that the county assisted the nonminor dependent in obtaining his or her reports. The case plan shall include documentation of barriers, if any, to obtaining the credit reports. If the consumer credit report reveals any accounts, the case plan shall detail how the county ensured the youth received assistance with interpreting the credit report and resolving any inaccuracies, including any referrals made for the assistance.
(g)
(h)If the court finds, after considering the case plan, that unsupervised sibling visitation is appropriate and has been consented to, the court shall order that the child or the childs siblings, the childs current caregiver, and the childs prospective adoptive parents, if applicable, be provided with information necessary to accomplish this visitation. This section does not require or prohibit the social workers facilitation, transportation, or supervision of visits between the child and his or her siblings.
(h)
(i)The case plan documentation on sibling placements required under this section shall not require modification of existing case plan forms until the Child Welfare Services Case Management System is implemented on a statewide basis.
(i)
(j)When a child is 10 years of age or older and has been in out-of-home placement for six months or longer, the case plan shall include an identification of individuals, other than the childs siblings, who are important to the child and actions necessary to maintain the childs relationship with those individuals, provided that those relationships are in the best interest of the child. The social worker or probation officer shall ask every child who is 10 years of age or older and who has been in out-of-home placement for six months or longer to identify individuals other than the childs siblings who are important to the child, and may ask any other child to provide that information, as appropriate. The social worker or probation officer shall make efforts to identify other individuals who are important to the child, consistent with the childs best interests.
(j)
(k)The childs caregiver shall be provided a copy of a plan outlining the childs needs and services. The nonminor dependents caregiver shall be provided with a copy of the nonminors TILP.
(k)
(l)On or before June 30, 2008, the department, in consultation with the County Welfare Directors Association of California and other advocates, shall develop a comprehensive plan to ensure that 90 percent of foster children are visited by their caseworkers on a monthly basis by October 1, 2011, and that the majority of the visits occur in the residence of the child. The plan shall include any data reporting requirements necessary to comply with the provisions of the federal Child and Family Services Improvement Act of 2006 (Public Law 109-288).
(l)
(m)The implementation and operation of the amendments to subdivision (i) enacted at the 200506 Regular Session shall be subject to appropriation through the budget process and by phase, as provided in Section 366.35.
SEC. 90.SEC. 92.Section 16519.5 of the Welfare and Institutions Code is amended to read:16519.5.(a)The State Department of Social Services, in consultation with county child welfare agencies, foster parent associations, and other interested community parties, shall implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, approving relatives and nonrelative extended family members as foster care providers, and approving adoptive families.
(b)(1)Counties shall be selected to participate on a voluntary basis as early implementation counties for the purpose of participating in the initial development of the approval process. Early implementation counties shall be selected according to criteria developed by the department in consultation with the County Welfare Directors Association. In selecting the five early implementation counties, the department shall promote diversity among the participating counties in terms of size and geographic location.
(2)Additional counties may participate in the early implementation of the program upon authorization by the department.
(c)(1)For the purposes of this chapter, resource family means an individual or couple that a participating county or foster family agency determines to have successfully met both the home approval standards and the permanency assessment criteria adopted pursuant to subdivision (d) necessary for providing care for a related or unrelated child who is under the jurisdiction of the juvenile court, or otherwise in the care of a county child welfare agency or probation department. A resource family shall demonstrate all of the following:
(A)An understanding of the safety, permanence, and well-being needs of children who have been victims of child abuse and neglect, and the capacity and willingness to meet those needs, including the need for protection, and the willingness to make use of support resources offered by the agency, or a support structure in place, or both.
(B)An understanding of childrens 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 childs case plan.
(D)The financial ability within the household to ensure the stability and financial security of the family.
(E)An ability and willingness to maintain the least restrictive and most familylike environment that serves the needs of the child.
(2)Subsequent to meeting the criteria set forth in this subdivision and designation as a resource family, a resource family shall be considered eligible to provide foster care for related and unrelated children in out-of-home placement, shall be considered approved for adoption or guardianship, and shall not have to undergo any additional approval or licensure as long as the family lives in a county participating in the program.
(3)Resource family assessment and approval means that the applicant meets the standard for home approval, and has successfully completed a permanency assessment. This approval is in lieu of the existing foster care license, relative or nonrelative extended family member approval, and the adoption home study approval.
(4)Approval of a resource family does not guarantee an initial or continued placement of a child with a resource family.
(d)Prior to implementation of this program, the department shall adopt standards pertaining to home approval and permanency assessment of a resource family.
(1)Resource family home approval standards shall include, but not be limited to, all of the following:
(A)(i)Criminal records clearance of all adults residing in the home, pursuant to Section 8712 of the Family Code, utilizing a check of the Child Abuse Central Index (CACI), a check of the Child Welfare Services/Case Management System (CWS/CMS), and receipt of a fingerprint-based state and federal criminal offender record information search response . response. The criminal history information shall include subsequent state and federal arrest and disposition notifications pursuant to Section 11105.2 of the Penal Code.
(ii)Consideration of any substantiated allegations of child abuse or neglect against either the applicant or any other adult residing in the home. An approval may not be granted to applicants whose criminal record indicates a conviction for any of the offenses specified in subdivision (g) of Section 1522 of the Health and Safety Code.
(iii)Exemptions from the criminal records clearance requirements set forth in this section may be granted by the director or the early implementation county, if that county has been granted permission by the director to issue criminal records exemptions pursuant to Section 361.4, using the exemption criteria currently used for foster care licensing as specified in subdivision (g) of Section 1522 of the Health and Safety Code.
(B)Buildings and grounds and storage requirements set forth in Sections 89387 and 89387.2 of Title 22 of the California Code of Regulations.
(C)In addition to the foregoing requirements, the resource family home approval standards shall also require the following:
(i)That the applicant demonstrate an understanding about the rights of children in care and his or her responsibility to safeguard those rights.
(ii)That the total number of children residing in the home of a resource family shall be no more than the total number of children the resource family can properly care for, regardless of status, and shall not exceed six children, unless exceptional circumstances that are documented in the foster childs case file exist to permit a resource family to care for more children, including, but not limited to, the need to place siblings together.
(iii)That the applicant understands his or her responsibilities with respect to acting as a reasonable and prudent parent, and maintaining the least restrictive and most familylike environment that serves the needs of the child.
(D)The results of a caregiver risk assessment are consistent with the factors listed in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (c). A caregiver risk assessment shall include, but not be limited to, physical and mental health, alcohol and other substance use and abuse, and family and domestic violence.
(2)The resource family permanency assessment standards shall include, but not be limited to, all of the following:
(A)The applicant shall complete caregiver training.
(B)The applicant shall complete a psychosocial evaluation.
(C)The applicant shall complete any other activities that relate to a resource familys ability to achieve permanency with the child.
(e)(1)A child may be placed with a resource family that has received home approval prior to completion of a permanency assessment only if a compelling reason for the placement exists based on the needs of the child.
(2)The permanency assessment shall be completed within 90 days of the childs placement in the approved home, unless good cause exists based upon the needs of the child.
(3)If additional time is needed to complete the permanency assessment, the county shall document the extenuating circumstances for the delay and generate a timeframe for the completion of the permanency assessment.
(4)The county shall report to the department on a quarterly basis the number of families with a child in an approved home whose permanency assessment goes beyond 90 days and summarize the reasons for these delays.
(5)A child may be placed with a relative, as defined in Section 319, or nonrelative extended family member, as defined in Section 362.7, prior to home approval and completion of the permanency assessment only on an emergency basis if all of the following requirements are met:
(A)Consideration of the results of a criminal records check conducted pursuant to Section 16504.5 of the relative or nonrelative extended family member and of every other adult in the home.
(B)Consideration of the results of the Child Abuse Central Index (CACI) consistent with Section 1522.1 of the Health and Safety Code of the relative or nonrelative extended family member, and of every other adult in the home.
(C)The home and grounds are free of conditions that pose undue risk to the health and safety of the child.
(D)For any placement made pursuant to this paragraph, the county shall initiate the home approval process no later than five business days after the placement, which shall include a face-to-face interview with the resource family applicant and child.
(E)For any placement made pursuant to this paragraph, AFDC-FC funding shall not be available until the home has been approved.
(F)Any child placed under this section shall be afforded all the rights set forth in Section 16001.9.
(f)The State Department of Social Services shall be responsible for all of the following:
(1)Selecting early implementation counties, based on criteria established by the department in consultation with the County Welfare Directors Association.
(2)Establishing timeframes for participating counties to submit an implementation plan, enter into terms and conditions for participation in the program, train appropriate staff, and accept applications from resource families.
(3)Entering into terms and conditions for participation in the program by counties.
(4)Administering the early implementation of the program through the issuance of written directives that shall have the same force and effect as regulations. Any directive affecting Article 1 (commencing with Section 700) of Chapter 7 of Title 11 of the California Code of Regulations shall be approved by the Department of Justice. The directives shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340)) of Part 1 of Division 3 of Title 2 of the Government Code.
(5)Approving and requiring the use of a single standard for resource family home approval and permanency assessment.
(6)Adopting and requiring the use of standardized documentation for the home approval and permanency assessment of resource families.
(7)Requiring counties to monitor resource families including, but not limited to, all of the following:
(A)Investigating complaints of resource families.
(B)Developing and monitoring resource family corrective action plans to correct identified deficiencies and to rescind resource family approval if compliance with corrective action plans is not achieved.
(8)Ongoing oversight and monitoring of county systems and operations including all of the following:
(A)Reviewing the countys implementation of the program.
(B)Reviewing an adequate number of approved resource families in each participating county to ensure that approval standards are being properly applied. The review shall include case file documentation, and may include onsite inspection of individual resource families. The review shall occur on an annual basis, and more frequently if the department becomes aware that a participating county is experiencing a disproportionate number of complaints against individual resource family homes.
(C)Reviewing county reports of serious complaints and incidents involving approved resource families, as determined necessary by the department. The department may conduct an independent review of the complaint or incident and change the findings depending on the results of its investigation.
(D)Investigating unresolved complaints against participating counties.
(E)Requiring corrective action of counties that are not in full compliance with the terms and conditions of the program.
(9)Preparing or having prepared, and submitting to the Legislature, a report on the results of the initial phase of implementation of the program. The report shall include all of the following:
(A)An analysis, utilizing available data, of state and federal data indicators related to the length of time to permanency including reunification, guardianship and adoption, child safety factors, and placement stability.
(B)An analysis of resource family recruitment and retention elements, including resource family satisfaction with approval processes and changes regarding the population of available resource families.
(C)An analysis of cost, utilizing available data, including funding sources.
(D)An analysis of regulatory or statutory barriers to implementing the program on a statewide basis.
(g)Counties participating in the program shall be responsible for all of the following:
(1)Submitting an implementation plan, entering into terms and conditions for participation in the program, consulting with the county probation department in the development of the implementation plan, training appropriate staff, and accepting applications from resource families within the timeframes established by the department.
(2)Complying with the written directives pursuant to paragraph (4) of subdivision (f).
(3)Implementing the requirements for resource family home approval and permanency assessment and utilizing standardized documentation established by the department.
(4)(A)Ensuring staff have the education and experience necessary to complete the home approval and permanency assessment competently.
(B)A county may contract with a licensed adoption agency to complete the permanency assessment. A permanency assessment completed by a licensed adoption agency shall be reviewed and approved by the county.
(5)Approving and denying resource family applications, including all of the following:
(A)Rescinding home approvals and resource family approvals where appropriate, consistent with the established standard.
(B)Providing an applicant and disapproved resource family requesting review of that decision with due process pursuant to the departments regulations.
(C)Notifying the department of any decisions denying a resource familys application or rescinding the approval of a resource family.
(6)Updating resource family approval annually.
(7)Monitoring resource families through all of the following:
(A)Ensuring that social workers who identify a condition in the home that may not meet the approval standards set forth in subdivision (d) while in the course of a routine visit to children placed with a resource family take appropriate action as needed.
(B)Requiring resource families to comply with corrective action plans as necessary to correct identified deficiencies. If corrective action is not completed as specified in the plan, the county may rescind the resource family approval.
(C)Requiring resource families to report to the county child welfare agency any incidents consistent with the reporting requirements for licensed foster family homes.
(8)Investigating all complaints against a resource family and taking action as necessary. This shall include investigating any incidents reported about a resource family indicating that the approval standard is not being maintained.
(A)The childs social worker shall not conduct the formal investigation into the complaint received concerning a family providing services under the standards required by subdivision (d). To the extent that adequate resources are available, complaints shall be investigated by a worker who did not initially perform the home approval or permanency assessment.
(B)Upon conclusion of the complaint investigation, the final disposition shall be reviewed and approved by a supervising staff member.
(C)The department shall be notified of any serious incidents or serious complaints or any incident that falls within the definition of Section 11165.5 of the Penal Code. If those incidents or complaints result in an investigation, the department shall also be notified as to the status and disposition of that investigation.
(9)Performing corrective action as required by the department.
(10)Assessing county performance in related areas of the California Child and Family Services Review System, and remedying problems identified.
(11)Submitting information and data that the department determines is necessary to study, monitor, and prepare the report specified in paragraph (9) of subdivision (f).
(12)Ensuring that resource families have the necessary knowledge, skills, and abilities to support children in foster care by completing caregiver training. The training should include a curriculum that supports the role of a resource family in parenting vulnerable children and should be ongoing in order to provide resource families with information on new trauma-informed practices and changes within the foster care system.
(13)Ensuring that a resource family applicant completes a minimum number of training hours, as prescribed which shall include a minimum of 12 hours of preapproval training. The preapproval training shall include, but not be limited to, all of the following training courses:
(A)An overview of the child protective system.
(B)The effects of child abuse and neglect on child development.
(C)Positive discipline and the importance of self-esteem.
(D)Health issues in foster care, including the administration of psychotropic and other medications.
(E)Accessing education and health services available to foster children.
(F)The rights of a child in foster care, and the foster parents resource familys responsibility to safeguard those rights, including the right to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(G)Cultural needs of children, including instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(H)Basic instruction on existing laws and procedures regarding the safety of foster youth at school; and ensuring a harassment and violence free school environment pursuant to the California Student Safety and Violence Prevention Act of 2000 (Article Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code) Code.
(I)Permanence and well-being needs of children.
(J)Child and adolescent development.
(K)The role of foster parents, including working cooperatively with the child welfare agency, the childs family, and other service providers implementing the case plan.
(L)The role of resource family on the child and family team as defined in paragraph (4) of subdivision (a) of Section 16501.
(L)
(M)A foster parents resource familys responsibility to act as a reasonable and prudent parent; and to maintain the least restrictive, most family-like environment that serves the needs of the child.
(14)Ensuring approved resource families complete a minimum number of eight training hours annually, as prescribed. annually. The annual training shall include, but not be limited to, all of the following training courses:
(A)Age-appropriate child development.
(B)Health issues in foster care, including the administration of psychotropic and other medications.
(C)Positive discipline and the importance of self-esteem.
(D)Emancipation and independent living skills if a foster parent resource family is caring for youth.
(E)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(F)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(h)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.
(h)
(i)(1)Approved relatives and nonrelative extended family members, licensed foster family homes, or approved adoptive homes that have completed the license or approval process prior to full implementation of the program shall not be considered part of the program. The otherwise applicable assessment and oversight processes shall continue to be administered for families and facilities not included in the program.
(2) Upon implementation of the program in a county, that county may not accept new applications for the licensure of foster family homes, the approval of relative and nonrelative extended family members, or the approval of prospective adoptive homes.
(i)
(j)The department may waive regulations that pose a barrier to implementation and operation of this program. The waiver of any regulations by the department pursuant to this section shall apply to only those counties or foster family agencies participating in the program and only for the duration of the program.
(j)
(k)Resource families approved under initial implementation of the program, who move within an early implementation county or who move to another early implementation county, shall retain their resource family status if the new building and grounds, outdoor activity areas, and storage areas meet home approval standards. The State Department of Social Services or early implementation county may allow a program-affiliated individual to transfer his or her subsequent arrest notification if the individual moves from one early implementation county to another early implementation county, as specified in subdivision (h) of Section 1522 of the Health and Safety Code.
(k)
(l)(1)The approval of a resource family who moves to a nonparticipating county remains in full force and effect pending a determination by the county approval agency or the department, as appropriate, whether the new building and grounds and storage areas meet applicable standards, and whether all adults residing in the home have a criminal records clearance or exemptions granted, using the exemption criteria used for foster care licensing, as specified in subdivision (g) of Section 1522 of the Health and Safety Code. Upon this determination, the nonparticipating county shall either approve the family as a relative or nonrelative extended family member, as applicable, or the department shall license the family as a foster family home.
(2)Subject to the requirements in paragraph (1), the family shall continue to be approved for guardianship and adoption. Nothing in this subdivision shall limit a county or adoption agency from determining that the family is not approved for guardianship or adoption based on changes in the familys circumstances or permanency assessment.
(3)A program-affiliated individual who moves to a nonparticipating county may not transfer his or her subsequent arrest notification from a participating county to the nonparticipating county.
(l)
(m)Implementation of the program shall be contingent upon the continued availability of federal Social Security Act Title IV-E (42 U.S.C. Sec. 670) funds for costs associated with placement of children with resource families assessed and approved under the program.
(m)
(n)A child placed with a resource family shall be eligible for AFDC-FC payments. A resource family, or a foster family agency pursuant to subdivisions (q) (r) and (r) (s), 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.
(n)
(o)The Department of Justice shall charge fees sufficient to cover the cost of initial or subsequent criminal offender record information and Child Abuse Central Index searches, processing, or responses, as specified in this section.
(o)
(p)Approved resource families under this program shall be exempt from all of the following:
(1)Licensure requirements set forth under the Community Care Facilities Act, commencing with Section 1500 of the Health and Safety Code, and all regulations promulgated thereto.
(2)Relative and nonrelative extended family member approval requirements set forth under Sections 309, 361.4, and 362.7, and all regulations promulgated thereto.
(3)Adoptions approval and reporting requirements set forth under Section 8712 of the Family Code, and all regulations promulgated thereto.
(p)
(q)Early implementation counties shall be authorized to continue through the end of the 201617 fiscal year, or through the end of the third full fiscal year following the date that counties commence implementation, whichever of these dates is later. The program is authorized in all counties effective July 1, 2017. The program shall be implemented by each county on or before July 1, 2019.
(q)
(r)Notwithstanding any other law, on and after July 1, 2017, a licensed foster family agency shall require a certified family home applicant to meet the resource family approval standards and requirements set forth in this chapter and in the written directives adopted pursuant to paragraph (4) of subdivision (f), prior to approval.
(r)
(s)No later than July 1, 2017, the department may establish participation conditions, and select and authorize a foster family agency that voluntarily submits an implementation plan and revised plan of operation in accordance with requirements established by the department, to approve resource families in lieu of certifying foster homes.
(1)Except for subdivision (g), a participating foster family agency shall comply with the resource family approval standards set forth in this chapter and in the written directives issued pursuant to paragraph (4) of subdivision (f).
(2)Notwithstanding any other law, the department shall enforce the resource family approval standards and requirements set forth in this chapter and in the written directives issued pursuant to paragraph (4) of subdivision (f) against a participating foster family agency. In the event of any conflict with the Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code), this section shall be controlling. This subdivision does not impose any new responsibilities upon the counties as described in subdivision (g).
(3)Nothing in this subdivision shall limit the departments authority to take administrative action against a foster family agency or a certified family home of a foster family agency. For purposes of Article 5 of Chapter 3 of Division 2 of the Health and Safety Code, a certified family home includes a resource family approved by a foster family agency pursuant to this subdivision.
(4)The department may adjust the foster family agency AFDC-FC rate pursuant to Section 11463 for implementation of this subdivision.
SEC. 91.SEC. 93.Section 16519.52 is added to the Welfare and Institutions Code, to read:16519.52.(a)A resource family may install and use delayed egress devices of the time delay type in the home of the resource family.
(b)As used in this section, delayed egress device means a device that precludes the use of exits for a predetermined period of time. These devices shall not delay any residents departure from the home for longer than 30 seconds.
(c)Within the 30 seconds of delay, a resource family may attempt to redirect a resident who attempts to leave the home.
(d)Any person accepted by a resource family using delayed egress devices in the home shall meet all of the following conditions:
(1)The person shall have a developmental disability, as defined in Section 4512.
(2)The person shall be receiving services and case management from a regional center under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)).
(3)An interdisciplinary team, through the Individual Program Plan (IPP) process pursuant to Section 4646.5, shall have determined that the person lacks hazard awareness or impulse control and requires the level of supervision afforded by a resource family in a home equipped with delayed egress devices, and that, but for this placement, the person would be at risk of admission to, or would have no option but to remain in, a more restrictive state hospital or state developmental center placement.
(e)The home shall be subject to all fire and building codes, regulations, and standards applicable to residential care facilities for the elderly utilizing delayed egress devices, and shall receive approval by the county or city fire department, the local fire prevention district, or the State Fire Marshal for the installed delayed egress devices.
(f)The resource family shall provide training regarding the use and operation of the egress control devices used by any person caring for a resident, protection of residents personal rights, lack of hazard awareness and impulse control behavior, and emergency evacuation procedures.
(g)The resource family shall develop a plan of operation that is authorized by the approving county and includes a description of how the home is to be equipped with egress control devices that are consistent with regulations adopted by the State Fire Marshal pursuant to Section 13143 of the Health and Safety Code.
(h)The plan shall include, but shall not be limited to, all of the following:
(1)A description of how the resource family will provide training for persons caring for a resident regarding the use and operation of the egress control devices used in the home.
(2)A description of how the resource family will ensure the protection of the residents personal rights consistent with Sections 4502, 4503, and 4504.
(3)A description of how the resource family will manage the persons lack of hazard awareness and impulse control behavior.
(4)A description of the resource familys emergency evacuation procedures.
(i)Delayed egress devices shall not substitute for adequate supervision. The capacity of the home shall not exceed six residents.
(j)Emergency fire and earthquake drills shall be conducted at least once every three months, and shall include all persons providing resident care and supervision.
SEC. 92.SEC. 94.Section 16519.53 is added to the Welfare and Institutions Code, to read:16519.53.(a)A resource family shall be authorized to administer emergency medical assistance and injections for severe diabetic hypoglycemia and anaphylactic shock to a foster child in placement in accordance with subdivision (a) of Section 1507.25 of the Health and Safety Code.
(b)A resource family shall be authorized to administer subcutaneous injections of other medications, including insulin, as prescribed by a childs physician, to a foster child in placement in accordance with subdivision (b) of Section 1507.25 of the Health and Safety Code.
SEC. 93.SEC. 95.Section 16519.54 is added to the Welfare and Institutions Code, to read:16519.54.Notwithstanding any other law, a resource family shall not be subject to civil penalties imposed pursuant to the Community Care Facilities Care Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code).
SEC. 94.SEC. 96.Section 16519.55 is added to the Welfare and Institutions Code, to read:16519.55.(a)Subject to subdivision (b), to encourage the recruitment of resource families, to protect their personal privacy, and to preserve the security of confidentiality of the placements with resource families, the names, addresses, and other identifying information of resource families shall be considered personal information for purposes of the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). This information shall not be disclosed by any state or local agency pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), except as necessary for administering the resource family approval program, facilitating the placement of children with resource families, and providing names and addresses only to bona fide professional foster parent organizations upon request.
(b)The department, a county, or a foster family agency may request information from, or divulge information to, the department, a county, or a foster family agency, regarding a prospective resource family for the purpose of and as necessary to conduct a reference check to determine whether it is safe and appropriate to approve an applicant to be a resource family.
SEC. 95.SEC. 97.Section 18251 of the Welfare and Institutions Code is amended to read:18251.As used in this chapter:
(a)County means each county participating in an individualized or wraparound services program.
(b)County placing agency means a county welfare or probation department, or a county mental health department.
(c)Eligible child means a child or nonminor dependent, as described in subdivision (v) of Section 11400, who is any of the following:
(1)A child or nonminor dependent who has been adjudicated as either a dependent, transition dependent, or ward of the juvenile court pursuant to Section 300, 450, 601, or 602 and who would be placed in a group home licensed by the department at a rate classification level of 10 or higher, or commencing January 1, 2017, would be placed in a short-term residential treatment center.
(2)A child or nonminor dependent who is currently, or who would be, placed in a group home licensed by the department at a rate classification level of 10 or higher, or commencing January 1, 2017, would be placed in a short-term residential treatment center.
(3)A child who is eligible for adoption assistance program benefits when the responsible public agency has approved the provision of wraparound services in lieu of out-of-home placement care at a rate classification level of 10 or higher, or commencing January 1, 2017, would be placed in a short-term residential treatment center.
(d)Wraparound services means community-based intervention services that emphasize the strengths of the child and family and includes the delivery of coordinated, highly individualized unconditional services to address needs and achieve positive outcomes in their lives.
(e)Service allocation slot means a specified amount of funds available to the county to pay for an individualized intensive wraparound services package for an eligible child. A service allocation slot may be used for more than one child on a successive basis.
SEC. 96.SEC. 98.Section 18254 of the Welfare and Institutions Code is amended to read:18254.(a)Rates for wraparound services, under the wraparound services program, shall be based on the following factors:
(1)The average cost of rate classification 10 to 11 in each county, minus the cost of any concurrent out-of-home placement, for children who are or would be placed in a rate level 10 or 11 group home.
(2)The average cost of rate classification 12 to 14 in each county, minus the cost of any concurrent out-of-home placement, for children who are or would be placed in a rate level 12 to 14 group home.
(b)(1)Prior to the 201112 fiscal year, the department shall reimburse each county, for the purpose of providing intensive wraparound services, up to 100 percent of the state share of nonfederal funds, to be matched by each countys share of cost as established by law, and to the extent permitted by federal law, up to 100 percent of the federal funds allocated for group home placements of eligible children, at the rate authorized pursuant to subdivision (a).
(2)Beginning in the 201112 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
(c)County, and to the extent permitted by federal law, federal, foster care funds shall remain with the administrative authority of the county, which may enter into an interagency agreement to transfer those funds, and shall be used to provide intensive wraparound services.
(d)Costs for the provision of benefits to eligible children, at rates authorized by subdivision (a), through the wraparound services program authorized by this chapter, shall not exceed the costs which would otherwise have been incurred had the eligible children been placed in a group home.
(e)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 97.SEC. 99.Section 18254 is added to the Welfare and Institutions Code, to read:18254.(a)Commencing January 1, 2017, the rate for wraparound services, under the wraparound services program, shall be eight thousand five hundred seventy-three dollars ($8,573), based on the average cost of rate classification levels 10.5 and 13 in effect for the 201415 fiscal year.
(1)The rate was determined by using the existing rates determined for the 201415 fiscal year for rate classification levels 10.5 and 13.
(A)Combining and calculating the average of the two.
(B)Minus the cost of any concurrent out-of-home placement for children who are or would be placed in a rate classification level 10 to 11 and 12 to 14 group home, respectively.
(b)For each fiscal year, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
(c)County and federal foster care funds, to the extent permitted by federal law, shall remain with the administrative authority of the county, which may enter into an interagency agreement to transfer those funds, and shall be used to provide intensive wraparound services.
(d)Costs for the provision of benefits to eligible children, at rates authorized by subdivision (a), through the wraparound services program authorized by this chapter, shall not exceed the costs that otherwise would have been incurred had the eligible children been placed in a short-term residential treatment center.
(e)Commencing January 1, 2018, and each January 1 thereafter, an annual cost-of-living increase shall be applied to the wraparound rate, subject to the availability of county funds, equal to the California Necessities Index used in the preparation of the May Revision for the current fiscal year.
SEC. 100.Notwithstanding the provisions of this act, on and after January 1, 2017, facilities with licensed capacity greater than 184 that were in operation prior to January 1, 2015, that offer placements for the purpose of attending an onsite high school, may continue to operate under an appropriate licensing category determined by the State Department of Social Services as long as those facilities submit to the department a transition plan describing how the program will comply with the provisions of this act, pursuant to a timeframe to be determined with the department.
SEC. 98.SEC. 101.(a)The State Department of Social Services and the State Department of Health Care Services shall adopt regulations as required to implement the provisions of this act.
(b)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the departments identified in subdivision (a) may implement and administer the changes made by this legislation through all-county letters or similar written instructions until regulations are adopted.
SEC. 99.SEC. 102.The State Department of Social Services shall work with counties that operate shelters, probation agencies, homeless shelter providers, residential education providers, and others to identify jointly developed alternative timeframes or criteria to be met in order to address the unique circumstances and needs of the populations they serve, while remaining consistent with the principles of this act.
SEC. 100.SEC. 103.The Legislature finds and declares that Section 94 of this act, which adds Section 16519.55 to the Welfare and Institutions Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to encourage the recruitment of resource families, to protect their personal privacy, and to preserve the security of confidentiality of the placements with resource families, it is necessary that the names, addresses, and other identifying information of resource families not be disclosed by any state or local agency pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), except as necessary for administering the resource family approval program, facilitating the placement of children with resource families, and providing names and addresses only to bona fide professional foster parent organizations upon request.
SEC. 101.SEC. 104.Except as required by Section 36 of Article XIII of the California Constitution, no reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs because, in that regard, this act implements a federal law or regulation and results in costs mandated by the federal government, within the meaning of Section 17556 of the Government Code.
No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
With regard to other costs, to the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state nor otherwise be subject to Section 6 of Article XIII B of the California Constitution.
It is the intent of the Legislature in adopting this act to improve Californias child welfare system and its outcomes by using comprehensive initial child assessments, increasing the use of home-based family care and the provision of services and supports to home-based family care, reducing the use of congregate care placement settings, and creating faster paths to permanency resulting in shorter durations of involvement in the child welfare and juvenile justice systems. These changes, along with other provisions in this act, require initial investments in the child welfare system. When implemented, the act will reduce overall costs to local agencies and allow local savings to be reinvested in child welfare. The Legislature therefore intends that funding beginning with the 201516 fiscal year for the initial implementation of this act be short term. Because the act will result in overall fiscal savings to local agencies, the act shall not have the overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Public Safety Realignment. The act therefore will not require the state to provide annual funding described in Section 36 of Article XIII of the California Constitution after the state provides short-term funding for local agencies initial implementation of the act.
SEC. 2.Section 7911 of the Family Code is amended to read:7911.The Legislature finds and declares all of the following:
(a)The health and safety of California children placed by a county social services agency or probation department out of state pursuant to the provisions of the Interstate Compact on the Placement of Children are a matter of statewide concern.
(b)The Legislature therefore affirms its intention that the State Department of Social Services has full authority to require an assessment and placement recommendation by a county multidisciplinary team prior to placement of a child in an out-of-state group home, to investigate allegations of child abuse or neglect of minors so placed, and to ensure that out-of-state group homes, accepting California children, meet all California group home licensing standards. The
(c)The Legislature also affirms its intention that, on and after January 1, 2017, the licensing standards applicable to out-of-state group homes shall apply to certified by the department shall be those required of short-term residential treatment centers operated in this state.
(c)
(d)This section is declaratory of existing law with respect to the Governors designation of the State Department of Social Services to act as the compact administrator and of that department to act as the single state agency charged with supervision of public social services under Section 10600 of the Welfare and Institutions Code.
SEC. 3.Section 7911.1 of the Family Code is amended to read:7911.1.(a)Notwithstanding any other law, the State Department of Social Services or its designee shall investigate any threat to the health and safety of children placed by a California county social services agency or probation department in an out-of-state group home pursuant to the provisions of the Interstate Compact on the Placement of Children. This authority shall include the authority to interview children or staff in private or review their file at the out-of-state facility or wherever the child or files may be at the time of the investigation. Notwithstanding any other law, the State Department of Social Services or its designee shall require certified out-of-state group homes to comply with the reporting requirements applicable to group homes licensed in California pursuant to Title 22 of the California Code of Regulations for each child in care regardless of whether he or she is a California placement, by submitting a copy of the required reports to the Compact Administrator within regulatory timeframes. The Compact Administrator within one business day of receiving a serious events report shall verbally notify the appropriate placement agencies and within five working days of receiving a written report from the out-of-state group home, forward a copy of the written report to the appropriate placement agencies.
(b)Any contract, memorandum of understanding, or agreement entered into pursuant to paragraph (b) of Article 5 of the Interstate Compact on the Placement of Children regarding the placement of a child out of state by a California county social services agency or probation department shall include the language set forth in subdivision (a).
(c)(1)The State Department of Social Services or its designee shall perform initial and continuing inspection of out-of-state group homes in order to either certify that the out-of-state group home meets all licensure standards required of group homes operated in California or that the department has granted a waiver to a specific licensing standard upon a finding that there exists no adverse impact to health and safety.
(2)On and after January 1, 2017, the licensure licensing standards applicable to out-of-state group homes certified by the department, as described in paragraph (1) shall apply to be those required of short-term residential treatment centers operated in this state.
(3)(A)Except as provided in subparagraph (B), on and after January 1, 2017, an out-of-state group home program shall have both of the following credentials in order to receive an AFDC-FC rate:
(i)An 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 of the Welfare and Institutions Code.
(ii)A mental health certification equivalent to that required in Section 11462.01 of the Welfare and Institutions Code.
(B)If an out-of-state group home program is granted an extension pursuant to the exception process described in subdivision (d) of Section 11462.04 of the Welfare and Institutions Code, this paragraph shall apply to that group home on and after January 1, 2018.
(3)
(4)Any failure by an out-of-state group home facility to make children or staff available as required by subdivision (a) for a private interview or make files available for review shall be grounds to deny or discontinue the certification. The State Department of Social Services shall grant or deny an initial certification or a waiver under this subdivision to an out-of-state group home facility that has more than six California children placed by a county social services agency or probation department by August 19, 1999. The department shall grant or deny an initial certification or a waiver under this subdivision to an out-of-state group home facility that has six or fewer California children placed by a county social services agency or probation department by February 19, 2000. Certifications made pursuant to this subdivision shall be reviewed annually.
(d)Within six months of the effective date of this section, a county shall be required to obtain an assessment and placement recommendation by a county multidisciplinary team for each child in an out-of-state group home facility. On or after March 1, 1999, a county shall be required to obtain an assessment and placement recommendation by a county multidisciplinary team prior to placement of a child in an out-of-state group home facility.
(e)Any failure by an out-of-state group home to obtain or maintain its certification as required by subdivision (c) shall preclude the use of any public funds, whether county, state, or federal, in the payment for the placement of any child in that out-of-state group home, pursuant to the Interstate Compact on the Placement of Children.
(f)(1)A multidisciplinary team shall consist of participating members from county social services, county mental health, county probation, county superintendents of schools, and other members as determined by the county.
(2)Participants shall have knowledge or experience in the prevention, identification, and treatment of child abuse and neglect cases, and shall be qualified to recommend a broad range of services related to child abuse or neglect.
(g)(1)The department may deny, suspend, or discontinue the certification of the out-of-state group home if the department makes a finding that the group home is not operating in compliance with the requirements of subdivision (c).
(2)Any judicial proceeding to contest the departments 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 departments certification under this section.
SEC. 4.Section 7912 of the Family Code is amended to read:7912.(a)The Legislature finds and declares that the health and safety of children in out-of-state group home care pursuant to the Interstate Compact on the Placement of Children is a matter of statewide concern. The Legislature therefore affirms its intention that children placed by a county social services agency or probation department in out-of-state group homes be accorded the same personal rights and safeguards of a child placed in a California group home. This section is in clarification of existing law.
(b)(1)The Compact Administrator may temporarily suspend any new placements in an out-of-state group home, for a period not to exceed 100 days, pending the completion of an investigation, pursuant to subdivision (a) of Section 7911.1, regarding a threat to the health and safety of children in care. During any suspension period the department or its designee shall have staff daily onsite at the out-of-state group home.
(2)On and after January 1, 2017, the licensing standards applicable to out-of-state group homes shall apply to certified by the State Department of Social Services shall be those required of short-term residential treatment centers operated in this state.
SEC. 5.Section 6276.38 of the Government Code is amended to read:6276.38.Radioactive materials, dissemination of information about transportation of, Section 33002, Vehicle Code.
Railroad infrastructure protection program, disclosure not required for risk assessments filed with the Public Utilities Commission, the Director of Emergency Services, or the Office of Emergency Services, Section 6254.23.
Real estate broker, annual report to Bureau of Real Estate of financial information, confidentiality of, Section 10232.2, Business and Professions Code.
Real property, acquisition by state or local government, information relating to feasibility, subdivision (h), Section 6254.
Real property, change in ownership statement, confidentiality of, Section 27280.
Records described in Section 1620 of the Penal Code.
Records of contract purchasers, inspection by public prohibited, Section 85, Military and Veterans Code.
Records of persons committed to a state hospital pursuant to Section 4135 of the Welfare and Institutions Code.
Registered public obligations, inspection of records of security interests in, Section 5060.
Registration of exempt vehicles, nondisclosure of name of person involved in alleged violation, Section 5003, Vehicle Code.
Rehabilitation, Department of, confidential information, Section 19016, Welfare and Institutions Code.
Reinsurance intermediary-broker license information, confidentiality of, Section 1781.3, Insurance Code.
Relocation assistance, confidential records submitted to a public entity by a business or farm operation, Section 7262.
Rent control ordinance, confidentiality of information concerning accommodations sought to be withdrawn from, Section 7060.4.
Report of probation officer, inspection, copies, Section 1203.05, Penal Code.
Repossession agency licensee application, confidentiality of information, Sections 7503, 7504, and 7506.5, Business and Professions Code.
Reproductive health facilities, disclosure not required for personal information regarding employees, volunteers, board members, owners, partners, officers, and contractors of a reproductive health services facility who have provided requisite notification, Section 6254.18.
Residence address in any record of Department of Housing and Community Development, confidentiality of, Section 6254.1.
Residence address in any record of Department of Motor Vehicles, confidentiality of, Section 6254.1, Government Code, and Section 1808.21, Vehicle Code.
Residence and mailing addresses in records of Department of Motor Vehicles, confidentiality of, Section 1810.7, Vehicle Code.
Residential care facilities, confidentiality of resident information, Section 1568.08, Health and Safety Code.
Residential care facilities for the elderly, confidentiality of client information, Section 1569.315, Health and Safety Code.
Resource families, identifying information, Section 16519.55, Welfare and Institutions Code.
Respiratory care practitioner, professional competency examination reports, confidentiality of, Section 3756, Business and Professions Code.
Restraint of trade, civil action by district attorney, confidential memorandum, Section 16750, Business and Professions Code.
Reward by Governor for information leading to arrest and conviction, confidentiality of person supplying information, Section 1547, Penal Code.
Safe surrender site, confidentiality of information pertaining to a parent or individual surrendering a child, Section 1255.7, Health and Safety Code.
SEC. 6.Section 1502 of the Health and Safety Code is amended to read:1502.As used in this chapter:
(a)Community care facility means any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and includes the following:
(1)Residential facility means any family home, group care facility, or similar facility determined by the director, for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.
(2)Adult day program means any community-based facility or program that provides care to persons 18 years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of these individuals on less than a 24-hour basis.
(3)Therapeutic day services facility means any facility that provides nonmedical care, counseling, educational or vocational support, or social rehabilitation services on less than a 24-hour basis to persons under 18 years of age who would otherwise be placed in foster care or who are returning to families from foster care. Program standards for these facilities shall be developed by the department, pursuant to Section 1530, in consultation with therapeutic day services and foster care providers.
(4)Foster family agency means any public agency or private organization engaged in the recruiting, certifying, and training of, and providing professional support to, foster parents, or in finding homes or other places for placement of children for temporary or permanent care who require that level of care as an alternative to a group home or short-term residential treatment center. determined by a child and family team. Private foster family agencies shall be organized and operated on a nonprofit basis.
(5)Foster family home means any residential facility providing 24-hour care for six or fewer foster children that is owned, leased, or rented and is the residence of the foster parent or parents, including their family, in whose care the foster children have been placed. The placement may be by a public or private child placement agency or by a court order, or by voluntary placement by a parent, parents, or guardian. It also means a foster family home described in Section 1505.2.
(6)Small family home means any residential facility, in the licensees family residence, that provides 24-hour care for six or fewer foster children who have mental disorders or developmental or physical disabilities and who require special care and supervision as a result of their disabilities. A small family home may accept children with special health care needs, pursuant to subdivision (a) of Section 17710 of the Welfare and Institutions Code. In addition to placing children with special health care needs, the department may approve placement of children without special health care needs, up to the licensed capacity.
(7)Social rehabilitation facility means any residential facility that provides social rehabilitation services for no longer than 18 months in a group setting to adults recovering from mental illness who temporarily need assistance, guidance, or counseling. Program components shall be subject to program standards pursuant to Article 1 (commencing with Section 5670) of Chapter 2.5 of Part 2 of Division 5 of the Welfare and Institutions Code.
(8)Community treatment facility means any residential facility that provides mental health treatment services to children in a group setting and that has the capacity to provide secure containment. Program components shall be subject to program standards developed and enforced by the State Department of Health Care Services pursuant to Section 4094 of the Welfare and Institutions Code.
Nothing in this section shall be construed to prohibit or discourage placement of persons who have mental or physical disabilities into any category of community care facility that meets the needs of the individual placed, if the placement is consistent with the licensing regulations of the department.
(9)Full-service adoption agency means any licensed entity engaged in the business of providing adoption services, that does all of the following:
(A)Assumes care, custody, and control of a child through relinquishment of the child to the agency or involuntary termination of parental rights to the child.
(B)Assesses the birth parents, prospective adoptive parents, or child.
(C)Places children for adoption.
(D)Supervises adoptive placements.
Private full-service adoption agencies shall be organized and operated on a nonprofit basis. As a condition of licensure to provide intercountry adoption services, a full-service adoption agency shall be accredited and in good standing according to Part 96 of Title 22 of the Code of Federal Regulations, or supervised by an accredited primary provider, or acting as an exempted provider, in compliance with Subpart F (commencing with Section 96.29) of Part 96 of Title 22 of the Code of Federal Regulations.
(10)Noncustodial adoption agency means any licensed entity engaged in the business of providing adoption services, that does all of the following:
(A)Assesses the prospective adoptive parents.
(B)Cooperatively matches children freed for adoption, who are under the care, custody, and control of a licensed adoption agency, for adoption, with assessed and approved adoptive applicants.
(C)Cooperatively supervises adoptive placements with a full-service adoptive agency, but does not disrupt a placement or remove a child from a placement.
Private noncustodial adoption agencies shall be organized and operated on a nonprofit basis. As a condition of licensure to provide intercountry adoption services, a noncustodial adoption agency shall be accredited and in good standing according to Part 96 of Title 22 of the Code of Federal Regulations, or supervised by an accredited primary provider, or acting as an exempted provider, in compliance with Subpart F (commencing with Section 96.29) of Part 96 of Title 22 of the Code of Federal Regulations.
(11)Transitional shelter care facility means any group care facility that provides for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. Program components shall be subject to program standards developed by the State Department of Social Services pursuant to Section 1502.3.
(12)Transitional housing placement provider means an organization licensed by the department pursuant to Section 1559.110 and Section 16522.1 of the Welfare and Institutions Code to provide transitional housing to foster children at least 16 years of age and not more than 18 years of age, and nonminor dependents, as defined in subdivision (v) of Section 11400 of the Welfare and Institutions Code, to promote their transition to adulthood. A transitional housing placement provider shall be privately operated and organized on a nonprofit basis.
(13)Group home means a residential facility that provides 24-hour care and supervision to children, delivered at least in part by staff employed by the licensee in a structured environment. The care and supervision provided by a group home shall be nonmedical, except as otherwise permitted by law.
(14)Runaway and homeless youth shelter means a group home licensed by the department to operate a program pursuant to Section 1502.35 to provide voluntary, short-term, shelter and personal services to runaway youth or homeless youth, as defined in paragraph (2) of subdivision (a) of Section 1502.35.
(15)Enhanced behavioral supports home means a facility certified by the State Department of Developmental Services pursuant to Article 3.6 (commencing with Section 4684.80) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code, and licensed by the State Department of Social Services as an adult residential facility or a group home that provides 24-hour nonmedical care to individuals with developmental disabilities who require enhanced behavioral supports, staffing, and supervision in a homelike setting. An enhanced behavioral supports home shall have a maximum capacity of four consumers, shall conform to Section 441.530(a)(1) of Title 42 of the Code of Federal Regulations, and shall be eligible for federal Medicaid home- and community-based services funding.
(16)Community crisis home means a facility certified by the State Department of Developmental Services pursuant to Article 8 (commencing with Section 4698) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code, and licensed by the State Department of Social Services pursuant to Article 9.7 (commencing with Section 1567.80), as an adult residential facility, providing 24-hour nonmedical care to individuals with developmental disabilities receiving regional center service, in need of crisis intervention services, and who would otherwise be at risk of admission to the acute crisis center at Fairview Developmental Center, Sonoma Developmental Center, an acute general hospital, acute psychiatric hospital, an institution for mental disease, as described in Part 5 (commencing with Section 5900) of Division 5 of the Welfare and Institutions Code, or an out-of-state placement. A community crisis home shall have a maximum capacity of eight consumers, as defined in subdivision (a) of Section 1567.80, shall conform to Section 441.530(a)(1) of Title 42 of the Code of Federal Regulations, and shall be eligible for federal Medicaid home- and community-based services funding.
(17)Crisis nursery means a facility licensed by the department to operate a program pursuant to Section 1516 to provide short-term care and supervision for children under six years of age who are voluntarily placed for temporary care by a parent or legal guardian due to a family crisis or stressful situation.
(18)Short-term residential treatment center means a residential facility operated by any public agency or private organization that provides short-term, specialized, and intensive treatment, including core services as set forth, on and after January 1, 2017, in paragraph (1) of subdivision (b) of Section 11462 of the Welfare and Institutions Code, and 24-hour care and supervision to children, delivered at least in part by staff employed by the licensee in a structured environment pursuant to Section 1562.01 of the Health and Safety Code. The care and supervision provided by a short-term residential treatment center shall be nonmedical, except as otherwise permitted by law.
(b)Department or state department means the State Department of Social Services.
(c)Director means the Director of Social Services.
SEC. 7.Section 1502.4 of the Health and Safety Code is amended to read:1502.4.(a)(1)A community care facility licensed as a group home for children pursuant to this chapter may accept for placement, and provide care and supervision to, a child assessed as seriously emotionally disturbed as long as the child does not need inpatient care in a licensed health facility.
(2)For the purpose of this chapter, the following definitions shall apply:
(A)Inpatient care in a licensed health facility means care and supervision at a level greater than incidental medical services as specified in Section 1507.
(B)Seriously emotionally disturbed means the same as paragraph (2) of subdivision (a) of Section 5600.3 of the Welfare and Institutions Code.
(b)If a child described in subdivision (a) is placed into a group home program classified at rate classification level 13 or rate classification level 14 pursuant to Section 11462.01 of the Welfare and Institutions Code, the licensee shall meet both of the following requirements:
(1)The licensee shall agree to accept, for placement into its group home program, only children who have been assessed as seriously emotionally disturbed by either of the following:
(A)An interagency placement committee, as described in Section 4096 of the Welfare and Institutions Code or by a licensed mental health professional, as defined in Sections 629 to 633, inclusive, of Title 9 of the California Code of Regulations.
(B)A licensed mental health professional pursuant to paragraph (3) of subdivision (i), or subdivision (j), of Section 11462.01 of the Welfare and Institutions Code if the child is privately placed or only county funded.
(2)The program is certified by the State Department of Health Care Services, pursuant to Section 4096.5 of the Welfare and Institutions Code, as a program that provides mental health treatment services for seriously emotionally disturbed children.
(c)The department shall not evaluate, or have any responsibility or liability with regard to the evaluation of, the mental health treatment services provided pursuant to this section and paragraph (3) of subdivision (f) of Section 11462.01 of the Welfare and Institutions Code.
(d)(1)This section shall become inoperative on January 1, 2017, except that this section shall continue to apply, until January 1, 2018, to a group home that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11462.04 of the Welfare and Institutions Code.
(2)This section is repealed as of January 1, 2018, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
(d)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 8.Section 1502.4 is added to the Health and Safety Code, to read:1502.4.(a)(1)A community care facility licensed as a short-term residential treatment center or a foster family agency that provides treatment services for children pursuant to this chapter may accept for placement, and provide care and supervision to, a child assessed as seriously emotionally disturbed as long as the child does not need inpatient care in a licensed health facility.
(2)For the purposes of this chapter, the following definitions shall apply:
(A)Inpatient care in a licensed health facility means care and supervision at a level greater than incidental medical services as specified in Section 1507.
(B)Seriously emotionally disturbed means the same as paragraph (2) of subdivision (a) of Section 5600.3 of the Welfare and Institutions Code.
(b)If a child described in subdivision (a) is placed into a short-term residential treatment center or a foster family agency that provides treatment services pursuant to Section 11462.01 of the Welfare and Institutions Code, the licensee shall meet both of the following requirements:
(1)The licensee shall agree to accept, for placement into a short-term residential treatment center or a foster family agency that provides treatment services, only children who have been assessed as seriously emotionally disturbed by either of the following:
(A)An interagency placement committee or child and family team, as described in Section 4096 of the Welfare and Institutions Code, or by a licensed mental health professional.
(B)A licensed mental health professional pursuant to paragraph (3) of subdivision (i), or subdivision (j), of Section 11462.01 of the Welfare and Institutions Code if the child is privately placed or only county funded.
(2)The program is certified by the State Department of Health Care Services, or a county to which the department has delegated certification authority pursuant to Section 4096.5 of the Welfare and Institutions Code, as a program that provides mental health treatment services for seriously emotionally disturbed children.
(c)The department shall not evaluate, nor have any responsibility nor liability with regard to the evaluation of, the mental health treatment services provided pursuant to this section and paragraph (3) of subdivision (f) of Section 11462.01 of the Welfare and Institutions Code.
(d)(1)This section shall become operative on January 1, 2017.
(2)This section shall not apply, until January 1, 2018, to a group home that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11462.04 of the Welfare and Institutions Code.
SEC. 9.Section 1502.45 is added to the Health and Safety Code, immediately following Section 1502.4, to read:1502.45.(a)(1)Notwithstanding Section 1502.4, a community care facility licensed as a group home for children pursuant to this chapter may accept for placement, and provide care and supervision to, a child assessed as seriously emotionally disturbed as long as the child does not need inpatient care in a licensed health facility.
(2)For the purpose of this section, the following definitions shall apply:
(A)Inpatient care in a licensed health facility means care and supervision at a level greater than incidental medical services as specified in Section 1507.
(B)Seriously emotionally disturbed means the same as paragraph (2) of subdivision (a) of Section 5600.3 of the Welfare and Institutions Code.
(b)If a child described in subdivision (a) is placed into a group home program classified at rate classification level 13 or rate classification level 14 pursuant to Section 11462.015 of the Welfare and Institutions Code, the licensee shall meet both of the following requirements:
(1)The licensee shall agree to accept, for placement into its group home program, only children who have been assessed as seriously emotionally disturbed by either of the following:
(A)An interagency placement committee, as described in Section 4096.1 of the Welfare and Institutions Code or by a licensed mental health professional, as defined in Sections 629 to 633, inclusive, of Title 9 of the California Code of Regulations.
(B)A licensed mental health professional pursuant to paragraph (3) of subdivision (i), or subdivision (j), of Section 11462.015 of the Welfare and Institutions Code if the child is privately placed or only county funded.
(2)The program is certified by the State Department of Health Care Services, pursuant to Section 4096.55 of the Welfare and Institutions Code, as a program that provides mental health treatment services for seriously emotionally disturbed children.
(c)The department shall not evaluate, or have any responsibility or liability with regard to the evaluation of, the mental health treatment services provided pursuant to this section and paragraph (3) of subdivision (f) of Section 11462.015 of the Welfare and Institutions Code.
(d)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 of the Welfare and Institutions Code.
(e)This section shall become operative on January 1, 2017.
(f)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 9.SEC. 10.Section 1506.1 is added to the Health and Safety Code, to read:1506.1.(a)A foster family agency shall prepare and maintain a current, written plan of operation as required by the department.
(b)On and after July January 1, 2017, a foster family agencys plan of operation shall demonstrate the foster family agencys ability to support the differing needs of children and their families.
(1)In addition to the rules and regulations adopted pursuant to this chapter, a foster family agencys plan of operation shall contain a description of the core services and supports, as set forth in paragraph (5) of subdivision (b) of Section 11463 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.
(2)The plan of operation shall describe how the foster family agency will comply with the resource family approval standards and requirements, as set forth in Section 16519.5 of the Welfare and Institutions Code.
(3)In addition to the rules and regulations adopted pursuant to this chapter, a county licensed to operate a foster family agency shall describe, in the plan of operation, its conflict of interest mitigation plan, on and after January 1, 2017, as set forth in subdivision (g) of Section 11462.02 of the Welfare and Institutions Code.
(c)The department shall have the authority to inspect a foster family agency pursuant to 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.
SEC. 10.SEC. 11.Section 1507.25 of the Health and Safety Code is amended to read:1507.25.(a)(1)Notwithstanding any other law, a person described in paragraph (2), who is not a licensed health care professional, but who is trained to administer injections by a licensed health care professional practicing within his or her scope of practice, may administer emergency medical assistance and injections for severe diabetic hypoglycemia and anaphylactic shock to a foster child in placement.
(2)The following individuals shall be authorized to administer emergency medical assistance and injections in accordance with this subdivision:
(A)A relative caregiver.
(B)A nonrelative extended family member.
(C)A foster family home parent.
(C)
(D)A member of a resource family, as defined in subdivision (c) of Section 16519.5 of the Welfare and Institutions Code.
(D)
(E)A small family home parent.
(E)
(F)A certified parent of a foster family agency.
(F)
(G)A substitute caregiver of a foster family home or a certified family home.
(G)
(H)A direct care staff member of a small family home or a group home. home who provides direct care and supervision to children and youth residing in the small family home or group home.
(H)On and after January 1, 2017, a direct care
(I)A staff member of a short-term residential treatment center. center who provides direct care and supervision to children and youth residing in the short-term residential treatment center.
(3)The licensed health care professional shall periodically review, correct, or update training provided pursuant to this section as he or she deems necessary and appropriate.
(b)(1)Notwithstanding any other law, a person described in paragraph (2), who is not a licensed health care professional, but who is trained to administer injections by a licensed health care professional practicing within his or her scope of practice, may administer subcutaneous injections of other medications, including insulin, as prescribed by the childs physician, to a foster child in placement.
(2)The following individuals shall be authorized to give prescribed injections including insulin in accordance with this subdivision:
(A)A relative caregiver.
(B)A nonrelative extended family member.
(C)A foster family home parent.
(C)
(D)A member of a resource family, as defined in subdivision (c) of Section 16519.5 of the Welfare and Institutions Code.
(D)A foster family home parent.
(E)A small family home parent.
(F)A certified parent of a foster family agency.
(G)In the absence of a foster parent, a designated substitute caregiver in a foster family home or a certified family home.
(H)A direct care 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.
(3)The licensed health care professional shall periodically review, correct, or update training provided pursuant to this section as he or she deems necessary and appropriate.
(c)For purposes of this section, administration of an insulin injection shall include all necessary supportive activities related to the preparation and administration of injection, including glucose testing and monitoring.
(d)Notwithstanding Part 5.5 (commencing with Section 17700) of Division 9 of, and particularly subdivision (g) of Section 17710 of, the Welfare and Institutions Code, a childs need to receive injections pursuant to this section shall not be the sole basis for determining that the child has a medical condition requiring specialized in-home health care.
(e)This section does not supersede the requirements of Section 369.5 of the Welfare and Institutions Code, with respect to the administration of psychotropic medication to a dependent child of the court.
SEC. 11.SEC. 12.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 homes or short-term residential treatment centers operation may be filed.
(b)(1)After the production of the booklet provided for in paragraph (2), every member of the group homes board of directors or governing body and every member of a short-term residential treatment centers board of directors or governing body shall, prior to becoming a member of the board of directors or governing body sign a statement that the board member 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 homes or short-term residential treatment centers 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. 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 providers or short-term residential treatment center providers board of directors or governing body of their roles and responsibilities as board members of a public benefit corporation under the laws of this state. The information shall be included in a booklet, 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. directors or governing body.
(B)Disclosure requirements for self-dealing transactions.
(C)Legal requirements pertaining to articles of incorporation, bylaws, length of board member terms, voting procedures, board or governing body meetings, quorums, minutes of board meetings, and, as provided for in subdivision (f), board member duties.
(D)A general overview of the laws and regulations governing the group homes or short-term residential treatment centers operation that are enforced by the department.
(c)All financial records submitted by a facility to the department, or that are submitted as part of an audit of the facility, including, but not limited to, employee timecards and timesheets, shall be signed and dated by the employee and by the group home representative or short-term residential treatment center representative who is responsible for ensuring the accuracy of the information contained in the record, and shall contain an affirmative statement that the signatories understand that the information contained in the document is correct to the best of their knowledge and that submission of false or misleading information may be prosecuted as a crime.
(d)An applicant, provisional licensee, or licensee shall maintain, submit, and sign financial documents to verify the legitimacy and accuracy of these documents. These documents include, but are not limited to, the group home or short-term residential treatment center application, any financial documents and plans of corrections submitted to the department, and time sheets.
(e)(1)It is the intent of the Legislature that a group home or short-term residential treatment center have either representatives on its board of directors, as listed in paragraph (2), or a community advisory board, that meets at least annually.
(2)The representatives on the board of directors or the community advisory board members should consist of at least the following persons:
(A)A member of the facilitys 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 boards or governing bodys discussion of these documents and the group homes or short-term residential treatment centers operation. The licensee shall make available the minutes of group homes or short-term residential treatment centers board of directors or governing body meetings to the department.
SEC. 12.SEC. 13.Section 1522.2 of the Health and Safety Code is amended to read:1522.2.If a local law enforcement agency, a probation officer, or a local department or agency that provides social services becomes aware that an employee of a community treatment facility, a day treatment facility, a group home, a short-term residential treatment center, or a foster family agency has been arrested for child abuse, as defined in Section 11165.6 of the Penal Code, after determining that the potential for abuse is present and that the employee is free to return to the facility where children are present, the local law enforcement agency, probation officer, or local department or agency shall notify the licensee of the charge of abuse.
SEC. 13.SEC. 14.Section 1522.4 of the Health and Safety Code is amended to read:1522.4.(a)In addition to any other requirements of this chapter and except for foster family homes, small family homes, and certified family homes of foster family agencies, all of the following apply to any community care facility providing 24-hour care for children:
(1)The facility shall have one or more facility managers. Facility manager, as used in this section, means a person on the premises with the authority and responsibility necessary to manage and control the day-to-day operation of a community care facility and supervise the clients. The facility manager, licensee, and administrator, or any combination thereof, may be the same person provided he or she meets all applicable requirements. If the administrator is also the facility manager for the same facility, this person shall be limited to the administration and management of only one facility.
(2)The facility manager shall have at least one year of experience working with the client group served, or equivalent education or experience, as determined by the department.
(3)A facility manager shall be at the facility at all times when one or more clients are present. To ensure adequate supervision of clients when clients are at the facility outside of their normal schedule, a current telephone number where the facility manager can be reached shall be provided to the clients, licensing agency, school, and any other agency or person as the department determines is necessary. The facility manager shall instruct these agencies and individuals to notify him or her when clients will be returning to the facility outside of the normal hours.
(4)The Legislature intends to upgrade the quality of care in licensed facilities. For the purposes of Sections 1533 and 1534, the licensed facility shall be inspected and evaluated for quality of care at least once each year, without advance notice and as often as necessary, without advance notice, to ensure the quality of care being provided.
Paragraphs (1), (2), and (3) shall apply only to new facilities licensed for six or fewer children which apply for a license after January 1, 1985, and all other new facilities licensed for seven or more children which apply for a license after January 1, 1988. Existing facilities licensed for seven or more children shall comply by January 1, 1989.
(b)No employee of the state or county employed in the administration of this chapter or employed in a position that is in any way concerned with facilities licensed under this chapter shall hold a license or have a direct or indirect financial interest in a facility described in subdivision (a).
The department, by regulation, shall make the determination pursuant to the purposes of this section and chapter, as to what employment is in the administration of this chapter or in any way concerned with facilities licensed under this chapter and what financial interest is direct or indirect.
This subdivision does not prohibit the state or county from securing a license for, or operating, a facility that is otherwise required to be licensed under this chapter.
(c)(1)No group home, short-term residential treatment center, or foster family agency licensee, or employee, member of the board of directors, or officer of a group home, short-term residential treatment center, or foster family agency licensee, shall offer gifts or other remuneration of any type to any employee of the State Department of Social Services or placement agency that exceeds the monetary limits for gifts to employees of the State of California pursuant to Title 9 (commencing with Section 81000) of the Government Code and regulations adopted thereunder by the Fair Political Practices Commission.
(2)No employee of the department or a placement agency shall accept any gift or other remuneration of any type from a group home, short-term residential treatment center, or foster family agency licensee or employee, member of the board of directors, or officer of a group home, short-term residential treatment center, or foster family agency licensee that exceeds the monetary limits for gifts to employees of the State of California in Title 9 (commencing with Section 81000) of the Government Code and regulations adopted thereunder by the Fair Political Practices Commission.
(3)Violation of this subdivision is punishable as a misdemeanor.
SEC. 14.SEC. 15.Section 1522.41 of the Health and Safety Code is amended to read:1522.41.(a)(1)The department, in consultation and collaboration with county placement officials, group home provider organizations, the Director of Health Care Services, and the Director of Developmental Services, shall develop and establish an administrator certification training program to ensure that administrators of group home facilities have appropriate training to provide the care and services for which a license or certificate is issued.
(2)The department shall develop and establish an administrator certification training program to ensure that administrators of short-term residential treatment center facilities have appropriate training to provide the care and services for which a license or certificate is issued.
(b)(1)In addition to any other requirements or qualifications required by the department, an administrator of a group home or short-term residential treatment center shall successfully complete a department-approved training certification program, pursuant to subdivision (c), prior to employment. An administrator employed in a group home or short-term residential treatment center shall meet the requirements of paragraph (2) of subdivision (c).
(2)In those cases where the individual is both the licensee and the administrator of a facility, the individual shall comply with all of the licensee and administrator requirements of this section.
(3)Failure to comply with this section shall constitute cause for revocation of the license of the facility.
(4)The licensee shall notify the department within 10 days of any change in administrators.
(c)(1)The administrator certification programs shall require a minimum of 40 hours of classroom instruction that provides training on a uniform core of knowledge in each of the following areas:
(A)Laws, regulations, and policies and procedural standards that impact the operations of the type of facility for which the applicant will be an administrator.
(B)Business operations.
(C)Management and supervision of staff.
(D)Psychosocial and educational needs of the facility residents.
(E)Community and support services.
(F)Physical needs for facility residents.
(G)Administration, storage, misuse, and interaction of medication used by facility residents.
(H)Resident admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(I)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(J)Nonviolent emergency intervention and reporting requirements.
(K)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in the School Safety and Violence Prevention Act (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).
(2)The department shall adopt separate program requirements for initial certification for persons who are employed as group home administrators on the effective date of this section. A person employed as an administrator of a group home facility on the effective date of this section shall obtain a certificate by completing the training and testing requirements imposed by the department within 12 months of the effective date of the regulations implementing this section. After the effective date of this section, these administrators shall meet the requirements imposed by the department on all other group home administrators for certificate renewal.
(3)The department shall adopt a separate administrator certification training program for group home administrators who desire to become short-term residential treatment center administrators.
(4)Individuals applying for administrator certification under this section shall successfully complete an approved administrator certification training program, pass a written test administered by the department within 60 days of completing the program, and submit to the department the documentation required by subdivision (d) within 30 days after being notified of having passed the test. The department may extend these time deadlines for good cause. The department shall notify the applicant of his or her test results within 30 days of administering the test.
(d)The department shall not begin the process of issuing a certificate until receipt of all of the following:
(1)A certificate of completion of the administrator training required pursuant to this chapter.
(2)The fee required for issuance of the certificate. A fee of one hundred dollars ($100) shall be charged by the department to cover the costs of processing the application for certification.
(3)Documentation from the applicant that he or she has passed the written test.
(4)Submission of fingerprints pursuant to Section 1522. The department may waive the submission for those persons who have a current clearance on file.
(5)That person is at least 21 years of age.
(e)It shall be unlawful for any person not certified under this section to hold himself or herself out as a certified administrator of a group home or short-term residential treatment center. Any person willfully making any false representation as being a certified administrator or facility manager is guilty of a misdemeanor.
(f)(1)Certificates issued under this section shall be renewed every two years and renewal shall be conditional upon the certificate holder submitting documentation of completion of 40 hours of continuing education related to the core of knowledge specified in subdivision (c). No more than one-half of the required 40 hours of continuing education necessary to renew the certificate may be satisfied through online courses. All other continuing education hours shall be completed in a classroom setting. For purposes of this section, an individual who is a group home or short-term residential treatment center administrator and who is required to complete the continuing education hours required by the regulations of the State Department of Developmental Services, and approved by the regional center, may have up to 24 of the required continuing education course hours credited toward the 40-hour continuing education requirement of this section. The department shall accept for certification, community college course hours approved by the regional centers.
(2)Every administrator of a group home or short-term residential treatment center shall complete the continuing education requirements of this subdivision.
(3)Certificates issued under this section shall expire every two years on the anniversary date of the initial issuance of the certificate, except that any administrator receiving his or her initial certification on or after July 1, 1999, shall make an irrevocable election to have his or her recertification date for any subsequent recertification either on the date two years from the date of issuance of the certificate or on the individuals birthday during the second calendar year following certification. The department shall send a renewal notice to the certificate holder 90 days prior to the expiration date of the certificate. If the certificate is not renewed prior to its expiration date, reinstatement shall only be permitted after the certificate holder has paid a delinquency fee equal to three times the renewal fee and has provided evidence of completion of the continuing education required.
(4)To renew a certificate, the certificate holder shall, on or before the certificate expiration date, request renewal by submitting to the department documentation of completion of the required continuing education courses and pay the renewal fee of one hundred dollars ($100), irrespective of receipt of the departments notification of the renewal. A renewal request postmarked on or before the expiration of the certificate shall be proof of compliance with this paragraph.
(5)A suspended or revoked certificate shall be subject to expiration as provided for in this section. If reinstatement of the certificate is approved by the department, the certificate holder, as a condition precedent to reinstatement, shall submit proof of compliance with paragraphs (1) and (2) of subdivision (f), this subdivision, and shall pay a fee in an amount equal to the renewal fee, plus the delinquency fee, if any, accrued at the time of its revocation or suspension. Delinquency fees, if any, accrued subsequent to the time of its revocation or suspension and prior to an order for reinstatement, shall be waived for a period of 12 months to allow the individual sufficient time to complete the required continuing education units and to submit the required documentation. Individuals whose certificates will expire within 90 days after the order for reinstatement may be granted a three-month extension to renew their certificates during which time the delinquency fees shall not accrue.
(6)A certificate that is not renewed within four years after its expiration shall not be renewed, restored, reissued, or reinstated except upon completion of a certification training program, passing any test that may be required of an applicant for a new certificate at that time, and paying the appropriate fees provided for in this section.
(7)A fee of twenty-five dollars ($25) shall be charged for the reissuance of a lost certificate.
(8)A certificate holder shall inform the department of his or her employment status and change of mailing address within 30 days of any change.
(g)Unless otherwise ordered by the department, the certificate shall be considered forfeited under either of the following conditions:
(1)The department has revoked any license held by the administrator after the department issued the certificate.
(2)The department has issued an exclusion order against the administrator pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897, after the department issued the certificate, and the administrator did not appeal the exclusion order or, after the appeal, the department issued a decision and order that upheld the exclusion order.
(h)(1)The department, in consultation and collaboration with county placement officials, provider organizations, the State Department of Health Care Services, and the State Department of Developmental Services, shall establish, by regulation, the program content, the testing instrument, the process for approving administrator certification training programs, and criteria to be used in authorizing individuals, organizations, or educational institutions to conduct certification training programs and continuing education courses. The department may also grant continuing education hours for continuing courses offered by accredited educational institutions that are consistent with the requirements in this section. The department may deny vendor approval to any agency or person in any of the following circumstances:
(A)The applicant has not provided the department with evidence satisfactory to the department of the ability of the applicant to satisfy the requirements of vendorization set out in the regulations adopted by the department pursuant to subdivision (j).
(B)The applicant person or agency has a conflict of interest in that the person or agency places its clients in group homes or short-term residential treatment centers.
(C)The applicant public or private agency has a conflict of interest in that the agency is mandated to place clients in group homes or short-term residential treatment centers and to pay directly for the services. The department may deny vendorization to this type of agency only as long as there are other vendor programs available to conduct the certification training programs and conduct education courses.
(2)The department may authorize vendors to conduct the administrators certification training program pursuant to this section. The department shall conduct the written test pursuant to regulations adopted by the department.
(3)The department shall prepare and maintain an updated list of approved training vendors.
(4)The department may inspect administrator certification training programs and continuing education courses, including online courses, at no charge to the department, to determine if content and teaching methods comply with regulations. If the department determines that any vendor is not complying with the requirements of this section, the department shall take appropriate action to bring the program into compliance, which may include removing the vendor from the approved list.
(5)The department shall establish reasonable procedures and timeframes not to exceed 30 days for the approval of vendor training programs.
(6)The department may charge a reasonable fee, not to exceed one hundred fifty dollars ($150) every two years, to certification program vendors for review and approval of the initial 40-hour training program pursuant to subdivision (c). The department may also charge the vendor a fee, not to exceed one hundred dollars ($100) every two years, for the review and approval of the continuing education courses needed for recertification pursuant to this subdivision.
(7)(A)A vendor of online programs for continuing education shall ensure that each online course contains all of the following:
(i)An interactive portion in which the participant receives feedback, through online communication, based on input from the participant.
(ii)Required use of a personal identification number or personal identification information to confirm the identity of the participant.
(iii)A final screen displaying a printable statement, to be signed by the participant, certifying that the identified participant completed the course. The vendor shall obtain a copy of the final screen statement with the original signature of the participant prior to the issuance of a certificate of completion. The signed statement of completion shall be maintained by the vendor for a period of three years and be available to the department upon demand. Any person who certifies as true any material matter pursuant to this clause that he or she knows to be false is guilty of a misdemeanor.
(B)Nothing in this subdivision shall prohibit the department from approving online programs for continuing education that do not meet the requirements of subparagraph (A) if the vendor demonstrates to the departments satisfaction that, through advanced technology, the course and the course delivery meet the requirements of this section.
(i)The department shall establish a registry for holders of certificates that shall include, at a minimum, information on employment status and criminal record clearance.
(j)Subdivisions (b) to (i), inclusive, shall be implemented upon regulations being adopted by the department, by January 1, 2000.
(k)Notwithstanding any provision of law to the contrary, vendors approved by the department who exclusively provide either initial or continuing education courses for certification of administrators of a group home or short-term residential treatment center as defined by regulations of the department, an adult residential facility as defined by regulations of the department, or a residential care facility for the elderly as defined in subdivision (k) of Section 1569.2, shall be regulated solely by the department pursuant to this chapter. No other state or local governmental entity shall be responsible for regulating the activity of those vendors.
SEC. 15.SEC. 16.Section 1522.43 of the Health and Safety Code is amended to read:1522.43.(a)(1)For the duties the department imposes on a group home administrator or short-term residential treatment center administrator in this chapter and in regulations adopted by the department, every group home and short-term residential treatment center shall state in its plan of operation, the number of hours per week that the administrator shall spend completing those duties and how the group home administrator or short-term residential treatment center administrator shall accomplish those duties, including use of support personnel.
(2)For initial applicants, the information in paragraph (1) shall be contained in the plan of operation submitted to the department in the application.
(3)For current licensees, the licensee shall submit an amended plan of operation that contains the information required by paragraph (1) within six months of the effective date of this section. For changes in the group home administrator duties imposed by the department in this chapter or in regulations, a current licensee shall have six months after the effective date of those duties to submit an amended plan of operation to reflect the new administrator duties.
(b)(1)The department may review a group homes or short-term residential treatment centers plan of operation to determine if the plan of operation is sufficient to ensure that the facility will operate in compliance with applicable licensing laws and regulations. As part of the review, the department may request that a peer review panel review the plan of operation for a group home as prescribed in paragraph (2), or for a short-term residential treatment center as prescribed in paragraph (3).
(2)The peer review panel shall consist of two representatives from the department, a qualified group home administrator, an experienced group home provider in good standing, and a member or members from the placement agency or agencies that place children in group homes.
(3)The peer review panel shall consist of two representatives from the department, a qualified short-term residential treatment center administrator, a short-term residential treatment center provider in good standing, and a member or members from the placement agency or agencies that place children in short-term residential treatment centers.
(c)A group home or short-term residential treatment center shall develop a daily schedule of activities for the children at the facility. The facility shall have this schedule available for inspection by the department. The activities in which the children are scheduled to participate shall be designed to meet the needs of the individual child, and shall be based on that childs needs and services plan.
SEC. 16.SEC. 17.Section 1524.6 of the Health and Safety Code is amended to read:1524.6.(a)In addition to any other requirement of this chapter, any group home or short-term residential treatment center, as defined by regulations of the department, providing care for any number of persons, that is not already subject to the requirements of Section 1524.5, shall provide a procedure approved by the licensing agency for immediate response to incidents and complaints, as defined by regulations of the department. This procedure shall include a method of ensuring that the owner, licensee, or person designated by the owner or licensee is notified of the incident or complaint, that the owner, licensee, or person designated by the owner or licensee has personally investigated the matter, and that the person making the complaint or reporting the incident has received a written response, within 30 days of receiving the complaint, of action taken, or a reason why no action needs to be taken.
(b)In order to ensure the opportunity for complaints to be made directly to the owner, licensee, or person designated by the owner or licensee, and to provide the opportunity for the owner, licensee, or person designated by the owner or licensee to meet neighborhood residents and learn of problems in the neighborhood, any group home or short-term residential treatment center shall establish a fixed time on a periodic basis when the owner, licensee, or person designated by the owner or licensee will be present. At this fixed time, information shall be provided to neighborhood residents of the complaint procedure pursuant to Section 1538.
(c)Facilities shall establish procedures to comply with the requirements of this section on or before July 1, 2005.
(d)This section shall not apply to family homes certified by foster family agencies, foster family homes, and small family homes. It is not the intent of the Legislature that this section be applied in a way that is contrary to the childs best interests.
SEC. 17.SEC. 18.Section 1529.2 of the Health and Safety Code is amended to read:1529.2.(a)In addition to the foster parent training provided by community colleges, foster family agencies shall provide a program of training for their certified foster families.
(b)(1)Every licensed foster parent shall complete a minimum of 12 hours of foster parent training, as prescribed in paragraph (3), before the placement of any foster children with the foster parent. In addition, a foster parent shall complete a minimum of eight hours of foster parent training annually, as prescribed in paragraph (4). No child shall be placed in a foster family home unless these requirements are met by the persons in the home who are serving as the foster parents.
(2)(A)Upon the request of the foster parent for a hardship waiver from the postplacement training requirement or a request for an extension of the deadline, the county may, at its option, on a case-by-case basis, waive the postplacement training requirement or extend any established deadline for a period not to exceed one year, if the postplacement training requirement presents a severe and unavoidable obstacle to continuing as a foster parent. Obstacles for which a county may grant a hardship waiver or extension are:
(i)Lack of access to training due to the cost or travel required.
(ii)Family emergency.
(B)Before a waiver or extension may be granted, the foster parent should explore the opportunity of receiving training by video or written materials.
(3)The initial preplacement training shall include, but not be limited to, training courses that cover all of the following:
(A)An overview of the child protective system.
(B)The effects of child abuse and neglect on child development.
(C)Positive discipline and the importance of self-esteem.
(D)Health issues in foster care.
(E)Accessing education and health services available to foster children.
(F)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(G)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(H)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the California Student School Safety and Violence Prevention Act (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).
(4)The postplacement annual training shall include, but not be limited to, training courses that cover all of the following:
(A)Age-appropriate child development.
(B)Health issues in foster care.
(C)Positive discipline and the importance of self-esteem.
(D)Emancipation and independent living skills if a foster parent is caring for youth.
(E)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(F)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(5)Foster parent training may be attained through a variety of sources, including community colleges, counties, hospitals, foster parent associations, the California State Foster Parent Associations Conference, adult schools, and certified foster parent instructors.
(6)A candidate for placement of foster children shall submit a certificate of training to document completion of the training requirements. The certificate shall be submitted with the initial consideration for placements and provided at the time of the annual visit by the licensing agency thereafter.
(c)Nothing in this section shall preclude a county from requiring county-provided preplacement or postplacement foster parent training in excess of the requirements in this section.
(d)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 18.SEC. 19.Section 1529.2 is added to the Health and Safety Code, to read:1529.2.(a)It is the intent of the Legislature that all foster parents have the necessary knowledge, skills, and abilities to support the safety, permanency, and well-being of children in foster care. Initial and ongoing preparation and training of foster parents should support the foster parents role in parenting vulnerable children, youth, and young adults, including supporting the childrens connection with their families. Their training should be ongoing in order to provide foster parents with information on new practices and requirements and other helpful topics within the child welfare system and may be offered in a classroom setting, online, or individually.
(b)Prior to licensing or certification, training shall include, but not be limited to, the following topics:
(1)An overview of the child protective system.
(2)The effects of trauma and trauma, including child abuse or neglect on child development and behavior.
(3)Positive discipline and the importance of self-esteem.
(4)Health issues in foster care, including the administration of psychotropic and other medications.
(5)Accessing education, health, and behavioral health services available to foster children.
(6)The rights of a child in foster care, and the foster parents responsibility to safeguard those rights, including the right to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(7)Cultural needs of children, including instruction on cultural competency and respect relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(8)Basic instruction on existing laws and procedures regarding the safety of foster youth at school; and ensuring a harassment and violence free school environment pursuant to the California Student School Safety and Violence Prevention Act (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).
(9)Permanence and well-being needs of children.
(10)Child and adolescent development.
(11)Role The role of foster parents, including working cooperatively with the child welfare agency, the childs family, and other service providers implementing the case plan.
(12)A foster parents responsibility to act as a reasonable and prudent parent; and to maintain the least restrictive, most family-like environment that serves the needs of the child.
(c)In addition to the initial requirements contained in subdivision (b), a licensed or certified foster parent shall complete a minimum number of training hours annually, a portion of which shall be from one or more of the following topics, as prescribed by the department, pursuant to subdivision (a):
(1)Age-appropriate child and adolescent development.
(2)Health issues in foster care, including the administration of psychotropic and other medications.
(3)Positive discipline and the importance of self-esteem.
(4)Preparation for youth and young adults for a successful transition to adulthood.
(5)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(6)Instruction on cultural competency and respect relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(d)No child shall be placed with a foster parent unless each foster parent in the home meets the requirements of this section.
(e)(1)Upon the request of the licensed or certified foster parent for a hardship waiver from the annual training requirement or a request for an extension of the deadline, the county may, at its option, on a case-by-case basis, waive the training requirement or extend any established deadline for a period not to exceed one year, if the training requirement presents a severe and unavoidable obstacle to continuing as a foster parent.
(2)Obstacles for which a county may grant a hardship waiver or extension are:
(A)Lack of access to training due to the cost or travel required.
(B)Family emergency.
(3)Before a waiver or extension may be granted, the licensed or certified foster parent should explore the opportunity of receiving training online or by video or written materials.
(f)(1)Foster parent training may be obtained through sources that include, but are not necessarily limited to, community colleges, counties, hospitals, foster parent associations, the California State Foster Parent Associations Conference, adult schools, and certified foster parent instructors.
(2)In addition to the foster parent training provided by community colleges, foster family agencies shall provide a program of training for their certified foster families.
(g)Training certificates shall be submitted to the appropriate licensing or foster family agency.
(1)A foster parent applicant shall submit a certificate of completion of training as a precondition of licensure or certification.
(2)Upon completion, a licensed or certified parent shall submit a certificate of completion for the annual training requirements.
(h)Nothing in this section shall preclude a county or a foster family agency from requiring foster parent training in excess of the requirements in this section.
(i)This section shall become operative on January 1, 2017.
SEC. 19.SEC. 20.Section 1530.7 of the Health and Safety Code is amended to read:1530.7.(a)Group homes, short-term residential treatment centers, foster family agencies, small family homes, transitional housing placement providers, and crisis nurseries licensed pursuant to this chapter shall maintain a smoke-free environment in the facility.
(b)A person who is licensed or certified pursuant to this chapter to provide residential care in a foster family home or certified family home shall not smoke or permit any other person to smoke inside the facility, and, when the child is present, on the outdoor grounds of the facility.
(c)A person who is licensed or certified pursuant to this chapter to provide residential foster care shall not smoke in any motor vehicle that is regularly used to transport the child.
SEC. 20.SEC. 21.Section 1530.8 of the Health and Safety Code is amended to read:1530.8.(a)(1)The department shall adopt regulations for community care facilities licensed as group homes, and for temporary shelter care facilities as defined in subdivision (c), that care for dependent children, children placed by a regional center, or voluntary placements, who are younger than six years of age. The department shall adopt these regulations after assessing the needs of this population and developing standards pursuant to Section 11467.1 of the Welfare and Institutions Code. To the extent that the department determines they are necessary, the department may adopt regulations under this section that apply to short-term residential treatment centers that care for children younger than six years of age.
(2)The department shall adopt regulations under this section that apply to mother and infant minor parent programs serving children younger than six years of age who reside in a group home or short-term residential treatment centers with a minor parent who is the primary caregiver of the child that shall be subject to the requirements of subdivision (d). child. To the extent that the department determines they are necessary, the department may adopt regulations under this section that apply to short-term residential treatment centers that provide mother and infant minor parent programs serving children younger than six years of age.
(3)To the extent that the department determines they are necessary, the department shall adopt regulations under this section that apply to group homes or short-term residential treatment centers that care for dependent children who are 6 to 12 years of age, inclusive. In order to determine whether such regulations are necessary, and what any resulting standards should include, the department shall consult with interested parties that include, but are not limited to, representatives of current and former foster youth, advocates for children in foster care, county welfare and mental health directors, chief probation officers, representatives of care providers, experts in child development, and representatives of the Legislature. The standards may provide normative guidelines differentiated by the needs specific to children in varying age ranges that fall between 6 and 12 years of age, inclusive. Prior to adopting regulations, the department shall submit for public comment, by July 1, 2016, any proposed regulations.
(b)The regulations shall include physical environment standards, including staffing and health and safety requirements, that meet or exceed state child care standards under Title 5 and Title 22 of the California Code of Regulations.
(c)For purposes of this section, a temporary shelter care facility means any residential facility that meets all of the following requirements:
(1)It is owned and operated by the county.
(2)It is a 24-hour facility that provides short-term residential care and supervision for dependent children under 18 years of age who have been removed from their homes as a result of abuse or neglect, as defined in Section 300 of the Welfare and Institutions Code, or both.
SEC. 21.SEC. 22.Section 1531.1 of the Health and Safety Code is amended to read:1531.1.(a)A residential facility licensed as an adult residential facility, group home, short-term residential treatment center, small family home, foster family home, or a family home certified by a foster family agency may install and utilize delayed egress devices of the time delay type.
(b)As used in this section, delayed egress device means a device that precludes the use of exits for a predetermined period of time. These devices shall not delay any residents departure from the facility for longer than 30 seconds.
(c)Within the 30 seconds of delay, facility staff may attempt to redirect a resident who attempts to leave the facility.
(d)Any person accepted by a residential facility or family home certified by a foster family agency utilizing delayed egress devices shall meet all of the following conditions:
(1)The person shall have a developmental disability as defined in Section 4512 of the Welfare and Institutions Code.
(2)The person shall be receiving services and case management from a regional center under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code).
(3)An interdisciplinary team, through the Individual Program Plan (IPP) process pursuant to Section 4646.5 of the Welfare and Institutions Code, shall have determined that the person lacks hazard awareness or impulse control and requires the level of supervision afforded by a facility equipped with delayed egress devices, and that but for this placement, the person would be at risk of admission to, or would have no option but to remain in, a more restrictive state hospital or state developmental center placement.
(e)The facility shall be subject to all fire and building codes, regulations, and standards applicable to residential care facilities for the elderly utilizing delayed egress devices, and shall receive approval by the county or city fire department, the local fire prevention district, or the State Fire Marshal for the installed delayed egress devices.
(f)The facility shall provide staff training regarding the use and operation of the egress control devices utilized by the facility, protection of residents personal rights, lack of hazard awareness and impulse control behavior, and emergency evacuation procedures.
(g)The facility shall develop a plan of operation approved by the State Department of Social Services that includes a description of how the facility is to be equipped with egress control devices that are consistent with regulations adopted by the State Fire Marshal pursuant to Section 13143.
(h)The plan shall include, but shall not be limited to, all of the following:
(1)A description of how the facility will provide training for staff regarding the use and operation of the egress control devices utilized by the facility.
(2)A description of how the facility will ensure the protection of the residents personal rights consistent with Sections 4502, 4503, and 4504 of the Welfare and Institutions Code.
(3)A description of how the facility will manage the persons lack of hazard awareness and impulse control behavior.
(4)A description of the facilitys emergency evacuation procedures.
(i)Delayed egress devices shall not substitute for adequate staff. Except for facilities operating in accordance with Section 1531.15, the capacity of the facility shall not exceed six residents.
(j)Emergency fire and earthquake drills shall be conducted at least once every three months on each shift, and shall include all facility staff providing resident care and supervision on each shift.
SEC. 22.SEC. 23.Section 1531.15 of the Health and Safety Code is amended to read:1531.15.(a)A licensee of an adult residential facility, short-term residential treatment center, or group home for no more than 15 residents, that is eligible for and serving clients eligible for federal Medicaid funding and utilizing delayed egress devices pursuant to Section 1531.1, may install and utilize secured perimeters in accordance with the provisions of this section.
(b)As used in this section, secured perimeters means fences that meet the requirements prescribed by this section.
(c)Only individuals meeting all of the following conditions may be admitted to or reside in a facility described in subdivision (a) utilizing secured perimeters:
(1)The person shall have a developmental disability as defined in Section 4512 of the Welfare and Institutions Code.
(2)The person shall be receiving services and case management from a regional center under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code).
(3)(A)The person shall be 14 years of age or older, except as specified in subparagraph (B).
(B)Notwithstanding subparagraph (A), a child who is at least 10 years of age and less than 14 years of age may be placed in a licensed group home or short-term residential treatment center described in subdivision (a) using secured perimeters only if both of the following occur:
(i)A comprehensive assessment is conducted and an individual program plan meeting is convened to determine the services and supports needed for the child to receive services in a less restrictive, unlocked residential setting in California, and the regional center requests assistance from the State Department of Developmental Services statewide specialized resource service to identify options to serve the child in a less restrictive, unlocked residential setting in California.
(ii)The regional center requests placement of the child in a licensed group home or short-term residential treatment center described in subdivision (a) using secured perimeters on the basis that the placement is necessary to prevent out-of-state placement or placement in a more restrictive, locked residential setting and the State Department of Developmental Services approves the request.
(4)The person is not a foster child under the jurisdiction of the juvenile court pursuant to Section 300, 450, 601, or 602 of the Welfare and Institutions Code.
(5)An interdisciplinary team, through the individual program plan (IPP) process pursuant to Section 4646.5 of the Welfare and Institutions Code, shall have determined the person lacks hazard awareness or impulse control and, for his or her safety and security, requires the level of supervision afforded by a facility equipped with secured perimeters, and, but for this placement, the person would be at risk of admission to, or would have no option but to remain in, a more restrictive placement. The individual program planning team shall determine the continued appropriateness of the placement at least annually.
(d)The licensee shall be subject to all applicable fire and building codes, regulations, and standards, and shall receive approval by the county or city fire department, the local fire prevention district, or the State Fire Marshal for the installed secured perimeters.
(e)The licensee shall provide staff training regarding the use and operation of the secured perimeters, protection of residents personal rights, lack of hazard awareness and impulse control behavior, and emergency evacuation procedures.
(f)The licensee shall revise its facility plan of operation. These revisions shall first be approved by the State Department of Developmental Services. The plan of operation shall not be approved by the State Department of Social Services unless the licensee provides certification that the plan was approved by the State Department of Developmental Services. The plan shall include, but not be limited to, all of the following:
(1)A description of how the facility is to be equipped with secured perimeters that are consistent with regulations adopted by the State Fire Marshal pursuant to Section 13143.6.
(2)A description of how the facility will provide training for staff.
(3)A description of how the facility will ensure the protection of the residents personal rights consistent with Sections 4502, 4503, and 4504 of the Welfare and Institutions Code, and any applicable personal rights provided in Title 22 of the California Code of Regulations.
(4)A description of how the facility will manage residents lack of hazard awareness and impulse control behavior.
(5)A description of the facilitys emergency evacuation procedures.
(g)Secured perimeters shall not substitute for adequate staff.
(h)Emergency fire and earthquake drills shall be conducted on each shift in accordance with existing licensing requirements, and shall include all facility staff providing resident care and supervision on each shift.
(i)Interior and exterior space shall be available on the facility premises to permit clients to move freely and safely.
(j)For the purpose of using secured perimeters, the licensee shall not be required to obtain a waiver or exception to a regulation that would otherwise prohibit the locking of a perimeter fence or gate.
(k)This section shall become operative only upon the publication in Title 17 of the California Code of Regulations of emergency regulations filed by the State Department of Developmental Services. These regulations shall be developed with stakeholders, including the State Department of Social Services, consumer advocates, and regional centers. The regulations shall establish program standards for homes that include secured perimeters, including requirements and timelines for the completion and updating of a comprehensive assessment of each consumers needs, including the identification through the individual program plan process of the services and supports needed to transition the consumer to a less restrictive living arrangement, and a timeline for identifying or developing those services and supports. The regulations shall establish a statewide limit on the total number of beds in homes with secured perimeters. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare.
SEC. 23.SEC. 24.Section 1534 of the Health and Safety Code is amended to read:1534.(a)(1)(A)Except for foster family homes, every licensed community care facility shall be subject to unannounced inspections by the department.
(B)Foster family homes shall be subject to announced inspections by the department, except that a foster family home shall be subject to unannounced inspections in response to a complaint, a plan of correction, or under any of the circumstances set forth in subparagraph (B) of paragraph (2).
(2)(A)The department may inspect these facilities as often as necessary to ensure the quality of care provided.
(B)The department shall conduct an annual unannounced inspection of a facility under any of the following circumstances:
(i)When a license is on probation.
(ii)When the terms of agreement in a facility compliance plan require an annual inspection.
(iii)When an accusation against a licensee is pending.
(iv)When a facility requires an annual inspection as a condition of receiving federal financial participation.
(v)In order to verify that a person who has been ordered out of a facility by the department is no longer at the facility.
(C)(i)The department shall conduct annual unannounced inspections of no less than 20 percent of facilities, except for foster family homes, not subject to an inspection under subparagraph (B).
(ii)The department shall conduct annual announced inspections of no less than 20 percent of foster family homes not subject to an inspection under subparagraph (B).
(iii)These inspections shall be conducted based on a random sampling methodology developed by the department.
(iv)If the total citations issued by the department to facilities exceed the previous years total by 10 percent, the following year the department shall increase the random sample by an additional 10 percent of the facilities not subject to an inspection under subparagraph (B). The department may request additional resources to increase the random sample by 10 percent.
(v)The department shall not inspect a licensed community care facility less often than once every five years.
(3)In order to facilitate direct contact with group home or short-term residential treatment center clients, the department may interview children who are clients of group homes or short-term residential treatment centers at any public agency or private agency at which the client may be found, including, but not limited to, a juvenile hall, recreation or vocational program, or a public or nonpublic school. The department shall respect the rights of the child while conducting the interview, including informing the child that he or she has the right not to be interviewed and the right to have another adult present during the interview.
(4)The department shall notify the community care facility in writing of all deficiencies in its compliance with the provisions of this chapter and the rules and regulations adopted pursuant to this chapter, and shall set a reasonable length of time for compliance by the facility.
(5)Reports on the results of each inspection, evaluation, or consultation shall be kept on file in the department, and all inspection reports, consultation reports, lists of deficiencies, and plans of correction shall be open to public inspection.
(b)(1)This section does not limit the authority of the department to inspect or evaluate a licensed foster family agency, a certified family home, or any aspect of a program in which a licensed community care facility is certifying compliance with licensing requirements.
(2)(A)A foster family agency shall conduct an announced inspection of a certified family home during the annual recertification described in Section 1506 in order to ensure that the certified family home meets all applicable licensing standards. A foster family agency may inspect a certified family home as often as necessary to ensure the quality of care provided.
(B)In addition to the inspections required pursuant to subparagraph (A), a foster family agency shall conduct an unannounced inspection of a certified family home under any of the following circumstances:
(i)When a certified family home is on probation.
(ii)When the terms of the agreement in a facility compliance plan require an annual inspection.
(iii)When an accusation against a certified family home is pending.
(iv)When a certified family home requires an annual inspection as a condition of receiving federal financial participation.
(v)In order to verify that a person who has been ordered out of a certified family home by the department is no longer at the home.
(3)Upon a finding of noncompliance by the department, the department may require a foster family agency to deny or revoke the certificate of approval of a certified family home, or take other action the department may deem necessary for the protection of a child placed with the certified family home. The certified parent or prospective foster parent shall be afforded the due process provided pursuant to this chapter.
(4)If the department requires a foster family agency to deny or revoke the certificate of approval, the department shall serve an order of denial or revocation upon the certified or prospective foster parent and foster family agency that shall notify the certified or prospective foster parent of the basis of the departments action and of the certified or prospective foster parents right to a hearing.
(5)Within 15 days after the department serves an order of denial or revocation, the certified or prospective foster parent may file a written appeal of the departments decision with the department. The departments action shall be final if the certified or prospective foster parent does not file a written appeal within 15 days after the department serves the denial or revocation order.
(6)The departments order of the denial or revocation of the certificate of approval shall remain in effect until the hearing is completed and the director has made a final determination on the merits.
(7)A certified or prospective foster parent who files a written appeal of the departments order with the department pursuant to this section shall, as part of the written request, provide his or her current mailing address. The certified or prospective foster parent shall subsequently notify the department in writing of any change in mailing address, until the hearing process has been completed or terminated.
(8)Hearings held pursuant to this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. In all proceedings conducted in accordance with this section the standard of proof shall be by a preponderance of the evidence.
(9)The department may institute or continue a disciplinary proceeding against a certified or prospective foster parent upon any ground provided by this section or Section 1550, enter an order denying or revoking the certificate of approval, or otherwise take disciplinary action against the certified or prospective foster parent, notwithstanding any resignation, withdrawal of application, surrender of the certificate of approval, or denial or revocation of the certificate of approval by the foster family agency.
(10)A foster family agencys failure to comply with the departments order to deny or revoke the certificate of approval by placing or retaining children in care shall be grounds for disciplining the licensee pursuant to Section 1550.
SEC. 24.SEC. 25.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, 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.
(b)Subject to subdivision (c), to encourage the recruitment of foster family homes and certified family homes of foster family agencies, protect their personal privacy, and to preserve the security and confidentiality of the placements in the homes, the names, addresses, and other identifying information of facilities licensed as foster family homes and certified family homes of foster family agencies providing 24-hour care for six or fewer children shall be considered personal information for purposes of the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). This information shall not be disclosed by any state or local agency pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), except as necessary for administering the licensing program, facilitating the placement of children in these facilities, and providing names and addresses only to bona fide professional foster parent organizations upon request.
(c)Notwithstanding subdivision (b), the department, a county, or a foster family agency may request information from, or divulge information to, the department, a county, or a foster family agency, regarding a prospective certified parent, foster parent, or relative caregiver for the purpose of, and as necessary to, conduct a reference check to determine whether it is safe and appropriate to license, certify, or approve an applicant to be a certified parent, foster parent, or relative caregiver.
(d)The department may issue a citation and, after the issuance of that citation, may assess a civil penalty of fifty dollars ($50) per day for each instance of a foster family agencys failure to provide the department with the information required by subdivision (h) of Section 88061 of Title 22 of the California Code of Regulations.
(e)The Legislature encourages the department, when funds are available for this purpose, to develop a database that would include all of the following information:
(1)Monthly reports by a foster family agency regarding family homes.
(2)A log of family homes certified and decertified, provided by a foster family agency to the department.
(3)Notification by a foster family agency to the department informing the department of a foster family agencys determination to decertify a certified family home due to any of the following actions by the certified family parent:
(A)Violating licensing rules and regulations.
(B)Aiding, abetting, or permitting the violation of licensing rules and regulations.
(C)Conducting oneself in a way that is inimical to the health, morals, welfare, or safety of a child placed in that certified family home.
(D)Being convicted of a crime while a certified family parent.
(E)Knowingly allowing any child to have illegal drugs or alcohol.
(F)Committing an act of child abuse or neglect or an act of violence against another person.
SEC. 25.SEC. 26.Section 1538.3 of the Health and Safety Code is amended to read:1538.3.A county may develop a cooperative agreement with the department to access disclosable, public record information from an automated system, other than the system described in Section 1538.2, concerning substantiated complaints for all group home or short-term residential treatment centers, as defined by regulations of the department, located within that county. Access to the database may be accomplished through a secure online transaction protocol.
SEC. 26.SEC. 27.Section 1538.5 of the Health and Safety Code is amended to read:1538.5.(a)(1)Not less than 30 days prior to the anniversary of the effective date of a residential community care facility license, except licensed foster family homes, the department may transmit a copy to the board members of the licensed facility, parents, legal guardians, conservators, clients rights advocates, or placement agencies, as designated in each residents placement agreement, of all inspection reports given to the facility by the department during the past year as a result of a substantiated complaint regarding a violation of this chapter relating to resident abuse and neglect, food, sanitation, incidental medical care, and residential supervision. During that one-year period the copy of the notices transmitted and the proof of the transmittal shall be open for public inspection.
(2)The department may transmit copies of the inspection reports referred to in paragraph (1) concerning a group home or short-term residential treatment center, as defined by regulations of the department, to the county in which the group home or short-term residential treatment center is located, if requested by that county.
(3)A group home or short-term residential treatment center shall maintain, at the facility, a copy of all licensing reports for the past three years that would be accessible to the public through the department, for inspection by placement officials, current and prospective facility clients, and these clients family members who visit the facility.
(b)The facility operator, at the expense of the facility, shall transmit a copy of all substantiated complaints, by certified mail, to those persons described pursuant to paragraph (1) of subdivision (a) in the following cases:
(1)In the case of a substantiated complaint relating to resident physical or sexual abuse, the facility shall have three days from the date the facility receives the licensing report from the department to comply.
(2)In the case in which a facility has received three or more substantiated complaints relating to the same violation during the past 12 months, the facility shall have five days from the date the facility receives the licensing report to comply.
(c)A residential facility shall retain a copy of the notices transmitted pursuant to subdivision (b) and proof of their transmittal by certified mail for a period of one year after their transmittal.
(d)If a residential facility to which this section applies fails to comply with this section, as determined by the department, the department shall initiate civil penalty action against the facility in accordance with this article and the related rules and regulations.
(e)Not less than 30 days prior to the anniversary of the effective date of the license of any group home or short-term residential treatment center, as defined by regulations of the department, at the request of the county in which the group home or short-term residential treatment center is located, a group home or short-term residential treatment center shall transmit to the county a copy of all incident reports prepared by the group home or short-term residential treatment center and transmitted to a placement agency, as described in subdivision (f) of Section 1536.1, in a county other than the county in which the group home or short-term residential treatment center is located that involved a response by local law enforcement or emergency services personnel, including runaway incidents. The county shall designate an official for the receipt of the incident reports and shall notify the group home or short-term residential treatment center of the designation. Prior to transmitting copies of incident reports to the county, the group home or short-term residential treatment center shall redact the name of any child referenced in the incident reports, and other identifying information regarding any child referenced in the reports. The county may review the incident reports to ensure that the group home or short-term residential treatment center has taken appropriate action to ensure the health and safety of the residents of the facility.
(f)The department shall notify the residential community care facility of its obligation when it is required to comply with this section.
SEC. 27.SEC. 28.Section 1538.6 of the Health and Safety Code is amended to read:1538.6.(a)When the department periodically reviews the record of substantiated complaints against each group home or short-term residential treatment center, pursuant to its oversight role as prescribed by Section 1534, to determine whether the nature, number, and severity of incidents upon which complaints were based constitute a basis for concern as to whether the provider is capable of effectively and efficiently operating the program, and if the department determines that there is cause for concern, it may contact the county in which a group home or short-term residential treatment center is located and placement agencies in other counties using the group home or short-term residential treatment center, and request their recommendations as to what action, if any, the department should take with regard to the providers status as a licensed group home or short-term residential treatment center provider.
(b)It is the intent of the Legislature that the department make every effort to communicate with the county in which a group home or short-term residential treatment center is located when the department has concerns about group homes or short-term residential treatment centers within that county.
SEC. 28.SEC. 29.Section 1538.7 of the Health and Safety Code is amended to read:1538.7.(a)A group home, transitional housing placement provider, community treatment facility, runaway and homeless youth shelter, or short-term residential treatment center shall report to the departments Community Care Licensing Division upon the occurrence of any incident concerning a child in the facility involving contact with law enforcement. At least every six months, the facility shall provide a followup report for each incident, including the type of incident, whether the incident involved an alleged violation of any crime described in Section 602 of the Welfare and Institutions Code by a child residing in the facility; whether staff, children, or both were involved; the gender, race, ethnicity, and age of children involved; and the outcomes, including arrests, removals of children from placement, or termination or suspension of staff.
(b)(1)If the department determines that, based on the licensed capacity, a facility has reported, pursuant to subdivision (a), a greater than average number of law enforcement contacts involving an alleged violation of any crime described in Section 602 of the Welfare and Institutions Code by a child residing in the facility, the department shall inspect the facility at least once a year.
(2)An inspection conducted pursuant to paragraph (1) does not constitute an unannounced inspection required pursuant to Section 1534.
(c)If an inspection is required pursuant to subdivision (b), the Community Care Licensing Division shall provide the report to the departments Children and Family Services Division and to any other public agency that has certified the facilitys program or any component of the facilitys program including, but not limited to, the State Department of Health Care Services, which certifies group homes or short-term residential treatment centers pursuant to Section 4096.5 of the Welfare and Institutions Code.
SEC. 29.SEC. 30.Section 1548 of the Health and Safety Code, as added by Section 2 of Chapter 813 of the Statutes of 2014, is amended to read:1548.(a)In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department may levy a civil penalty.
(b)The amount of the civil penalty shall not be less than twenty-five dollars ($25) or more than fifty dollars ($50) per day for each violation of this chapter except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. In no event, shall a civil penalty assessment exceed one hundred fifty dollars ($150) per day per violation.
(c)Notwithstanding Section 1534, the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations:
(1)(A)Fire clearance violations, including, but not limited to, overcapacity, ambulatory status, inoperable smoke alarms, and inoperable fire alarm systems. The civil penalty shall not be assessed if the licensee has done either of the following:
(i)Requested the appropriate fire clearance based on ambulatory, nonambulatory, or bedridden status, and the decision is pending.
(ii)Initiated eviction proceedings.
(B)A licensee denied a clearance for bedridden residents may appeal to the fire authority, and, if that appeal is denied, may subsequently appeal to the Office of the State Fire Marshal, and shall not be assessed an immediate civil penalty until the final appeal is decided, or after 60 days has passed from the date of the citation, whichever is earlier.
(2)Absence of supervision, as required by statute or regulation.
(3)Accessible bodies of water when prohibited in this chapter or regulations adopted pursuant to this chapter.
(4)Accessible firearms, ammunition, or both.
(5)Refused entry to a facility or any part of a facility in violation of Section 1533, 1534, or 1538.
(6)The presence of an excluded person on the premises.
(d)(1)For a violation that the department determines resulted in the death of a resident at an adult residential facility, social rehabilitation facility, enhanced behavioral supports home, or community crisis home, the civil penalty shall be fifteen thousand dollars ($15,000).
(2)For a violation that the department determines resulted in the death of a person receiving care at an adult day program, the civil penalty shall be assessed as follows:
(A)Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensees facilities, to care for 50 or less persons.
(B)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for more than 50 persons.
(3)For a violation that the department determines resulted in the death of a person receiving care at a therapeutic day services facility, foster family agency, community treatment facility, full-service adoption agency, noncustodial adoption agency, transitional shelter care facility, transitional housing placement provider, group home, or short-term residential treatment center, the civil penalty shall be assessed as follows:
(A)Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensees facilities, to care for 40 or less children.
(B)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for 41 to 100, inclusive, children.
(C)Fifteen thousand dollars ($15,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(4)For a violation that the department determines resulted in the death of a resident at a runaway and homeless youth shelter, the civil penalty shall be five thousand dollars ($5,000).
(e)(1)(A)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident at an adult residential facility, social rehabilitation facility, enhanced behavioral supports home, or community crisis home, the civil penalty shall be ten thousand dollars ($10,000).
(B)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a person receiving care at an adult day program, the civil penalty shall be assessed as follows:
(i)Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensees facilities, to care for 50 or less persons.
(ii)Five thousand dollars ($5,000) for a licensee licensed, among all of the licensees facilities, to care for more than 50 persons.
(C)For a violation that the department determines constitutes physical abuse, as defined in paragraph (2), or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a person receiving care at a therapeutic day services facility, foster family agency, community treatment facility, full-service adoption agency, noncustodial adoption agency, transitional shelter care facility, transitional housing placement provider, group home, or short-term residential treatment center, the civil penalty shall be assessed as follows:
(i)Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensees facilities, to care for 40 or less children.
(ii)Five thousand dollars ($5,000) for a licensee licensed, among all of the licensees facilities, to care for 41 to 100, inclusive, children.
(iii)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(D)For a violation that the department determines constitutes physical abuse, as defined in paragraph (2), or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident at a runaway and homeless youth shelter, the civil penalty shall be one thousand dollars ($1,000).
(2)For purposes of subparagraphs (C) and (D), physical abuse includes physical injury inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165.1 of the Penal Code, neglect as defined in Section 11165.2 of the Penal Code, or unlawful corporal punishment or injury as defined in Section 11165.4 of the Penal Code when the person responsible for the childs welfare is a licensee, administrator, or employee of any facility licensed to care for children.
(f)Prior to the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the director.
(g)Notwithstanding Section 1534, any facility that is cited for repeating the same violation of this chapter within 12 months of the first violation is subject to an immediate civil penalty of one hundred fifty dollars ($150) and fifty dollars ($50) for each day the violation continues until the deficiency is corrected.
(h)Any facility that is assessed a civil penalty pursuant to subdivision (g) that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) is subject to an immediate civil penalty of one hundred fifty dollars ($150) for each day the violation continues until the deficiency is corrected.
(i)(1)The department shall adopt regulations setting forth the appeal procedures for deficiencies.
(2)A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 10 days of receipt of the notice of a civil penalty assessment and shall provide all supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. If the regional manager determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the regional managers decision within 60 days of the request to review the assessment of the civil penalty.
(3)The licensee may further appeal to the program administrator of the Community Care Licensing Division within 10 days of receipt of the notice of the regional managers decision and shall provide all supporting documentation at that time. If the program administrator determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the program administrators decision within 60 days of the request to review the regional managers decision.
(4)The licensee may further appeal to the deputy director of the Community Care Licensing Division within 10 days of receipt of the notice of the program directors decision and shall provide all supporting documentation at that time. If the deputy director determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the deputy directors decision within 60 days of the request to review the program administrators decision.
(5)Upon exhausting the deputy director review, a licensee may appeal a civil penalty assessed pursuant to subdivision (d) or (e) to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.
(6)If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.
(j)The department shall adopt regulations implementing this section.
(k)The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by the act that added this subdivision.
(l)As provided in Section 11466.31 of the Welfare and Institutions Code, the department may offset civil penalties owed by a group home or short-term residential treatment center against moneys to be paid by a county for the care of minors after the group home or short-term residential treatment center has exhausted its appeal of the civil penalty assessment. The department shall provide the group home or short-term residential treatment center a reasonable opportunity to pay the civil penalty before instituting the offset provision.
(m)This section shall become operative on July 1, 2015.
SEC. 30.SEC. 31.Section 1562 of the Health and Safety Code is amended to read:1562.(a)The department shall ensure that operators and staffs of community care facilities have appropriate training to provide the care and services for which a license or certificate is issued. The section shall not apply to a facility licensed as an Adult Residential Facility for Persons with Special Health Care Needs pursuant to Article 9 (commencing with Section 1567.50).
(b)It is the intent of the Legislature that children in foster care reside in the least restrictive, family-based settings that can meet their needs, and that group homes and short-term residential treatment centers will be used only for short-term, specialized, and intensive treatment purposes that are consistent with a case plan that is determined by a childs best interests. Accordingly, the Legislature encourages the department to adopt policies, practices, and guidance that ensure that the education, qualification, and training requirements for child care staff in group homes and short-term residential treatment centers are consistent with the intended role of group homes and short-term residential treatment centers to provide short-term, specialized, and intensive treatment, with a particular focus on crisis intervention, behavioral stabilization, and other treatment-related goals, as well as the connections between those efforts and work toward permanency for children.
(c)(1)Each person employed as a facility manager or staff member of a group home or short-term residential treatment center, as defined in paragraphs (13) and (18) of subdivision (a) of Section 1502, who provides direct care and supervision to children and youth residing in the group home or short-term residential treatment center shall be at least 21 years of age.
(2)Paragraph (1) shall not apply to a facility manager or staff member employed at the group home before October 1, 2014.
(3)For purposes of this subdivision, group home does not include a runaway and homeless youth shelter.
SEC. 31.SEC. 32.Section 1562.01 is added to the Health and Safety Code, to read:1562.01.(a)(1)Commencing January 1, 2017, the department shall license short-term residential treatment centers, as defined in paragraph (18) of subdivision (a) of Section 1502, pursuant to this chapter. The department may license a facility as a short-term residential treatment center prior to January 1, 2017. A short-term residential treatment center shall comply with all requirements of this chapter that are applicable to group homes and to the requirements of this section.
(2)(A)A short-term residential treatment center shall prepare and maintain a current, written plan of operation as required by the department.
(B)The plan of operation shall include, but not be limited to, all of the following:
(i)Description of the short-term residential treatment centers 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, on and after January 1, 2017, in paragraph (1) of subdivision (b) of Section 11462 of the Welfare and Institutions Code, to be offered to children and their families, as appropriate or necessary.
(iii)Any other information that may be prescribed by the department for the proper administration of this section.
(b)In addition to the rules and regulations adopted pursuant to this chapter, a county licensed to operate a short-term residential treatment center shall describe, in the plan of operation, its conflict of interest mitigation plan, as set forth on and after January 1, 2017, in subdivision (g) of Section 11462.02 of the Welfare and Institutions Code.
(c)(1)The department shall establish requirements for the education, qualification, and training of facility managers and child care staff in short-term residential treatment centers consistent with the intended role of these facilities to provide short-term, specialized, and intensive treatment.
(2)Requirements shall include, but not be limited to, all of the following:
(A)Staff classifications.
(B)Specification of the date by which employees shall be required to meet the education, qualification, and training requirements.
(C)Any other requirements that may be prescribed by the department for the proper administration of this section.
(d)Notwithstanding any other section of this chapter, the department shall establish requirements for licensed group homes that are transitioning to short-term residential treatment centers, which may include, but not be limited to, requirements related to application and plan of operation.
(e)The department shall have the authority to inspect a short-term residential treatment center pursuant to the system of governmental monitoring and oversight developed by the department on and after January 1, 2017, pursuant to subdivision (c) of Section 11462 of the Welfare and Institutions Code.
SEC. 32.SEC. 33.Section 1562.35 of the Health and Safety Code is amended to read:1562.35.Notwithstanding any law to the contrary, including, but not limited to Section 1562.3, vendors approved by the department who exclusively provide either initial or continuing education courses for certification of administrators of an adult residential facility as defined by the department, a group home facility as defined by the department, a short-term residential treatment center as defined by the department, or a residential care facility for the elderly as defined in subdivision (k) of Section 1569.2, shall be regulated solely by the department pursuant to this chapter. No other state or local governmental entity shall be responsible for regulating the activity of those vendors.
SEC. 33.SEC. 34.Section 1563 of the Health and Safety Code is amended to read:1563.(a)The department shall ensure that licensing personnel at the department have appropriate training to properly carry out this chapter.
(b)The department shall institute a staff development and training program to develop among departmental staff the knowledge and understanding necessary to successfully carry out this chapter. Specifically, the program shall do all of the following:
(1)Provide staff with 36 hours of training per year that reflects the needs of persons served by community care facilities. This training shall, where appropriate, include specialized instruction in the needs of foster children, persons with mental disorders, or developmental or physical disabilities, or other groups served by specialized community care facilities.
(2)Give priority to applications for employment from persons with experience as care providers to persons served by community care facilities.
(3)Provide new staff with comprehensive training within the first six months of employment. This comprehensive training shall, at a minimum, include the following core areas: administrative action process, client populations, conducting facility visits, cultural awareness, documentation skills, facility operations, human relation skills, interviewing techniques, investigation processes, and regulation administration.
(c)In addition to the requirements in subdivision (b), group home, short-term residential treatment center, and foster family agency licensing personnel shall receive a minimum of 24 hours of training per year to increase their understanding of children in group homes, short-term residential treatment centers, certified homes, and foster family homes. The training shall cover, but not be limited to, all of the following topics:
(1)The types and characteristics of emotionally troubled children.
(2)The high-risk behaviors they exhibit.
(3)The biological, psychological, interpersonal, and social contributors to these behaviors.
(4)The range of management and treatment interventions utilized for these children, including, but not limited to, nonviolent, emergency intervention techniques.
(5)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
SEC. 34.SEC. 35.Section 1567.4 of the Health and Safety Code is amended to read:1567.4.The State Department of Social Services shall provide, at cost, quarterly to each county and to each city, upon the request of the county or city, and to the chief probation officer of each county and city and county, a roster of all community care facilities licensed as small family homes, short-term residential treatment centers, or group homes located in the county, which provide services to wards of the juvenile court, including information as to whether each facility is licensed by the state or the county, the type of facility, and the licensed bed capacity of each such facility. Information concerning the facility shall be limited to that available through the computer system of the State Department of Social Services.
SEC. 35.SEC. 36.Section 11105.2 of the Penal Code is amended to read:11105.2.(a)The Department of Justice may provide subsequent state or federal arrest or disposition notification to any entity authorized by state or federal law to receive state or federal summary criminal history information to assist in fulfilling employment, licensing, certification duties, or the duties of approving relative caregivers, nonrelative extended family members, and resource families upon the arrest or disposition of any person whose fingerprints are maintained on file at the Department of Justice or the Federal Bureau of Investigation as the result of an application for licensing, employment, certification, or approval. Nothing in this section shall authorize the notification of a subsequent disposition pertaining to a disposition that does not result in a conviction, unless the department has previously received notification of the arrest and has previously lawfully notified a receiving entity of the pending status of that arrest. When the department supplies subsequent arrest or disposition notification to a receiving entity, the entity shall, at the same time, expeditiously furnish a copy of the information to the person to whom it relates if the information is a basis for an adverse employment, licensing, or certification decision. When furnished other than in person, the copy shall be delivered to the last contact information provided by the applicant.
(b)For purposes of this section, approval means those duties described in subdivision (d) of Section 309 of the Welfare and Institutions Code for approving the home of a relative caregiver or of a nonrelative extended family member for placement of a child supervised by the juvenile court, and those duties in Section 16519.5 of the Welfare and Institutions Code for resource families.
(c)Any entity, other than a law enforcement agency employing peace officers as defined in Section 830.1, subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section 830.3, subdivisions (a) and (b) of Section 830.5, and subdivision (a) of Section 830.31, shall enter into a contract with the Department of Justice in order to receive notification of subsequent state or federal arrests or dispositions for licensing, employment, or certification purposes.
(d)Any entity that submits the fingerprints of applicants for licensing, employment, certification, or approval to the Department of Justice for the purpose of establishing a record of the applicant to receive notification of subsequent state or federal arrests or dispositions shall immediately notify the department when the employment of the applicant is terminated, when the applicants license or certificate is revoked, when the applicant may no longer renew or reinstate the license or certificate, or when a relative caregivers or nonrelative extended family members approval is terminated. The Department of Justice shall terminate state or federal subsequent notification on any applicant upon the request of the licensing, employment, certifying, or approving authority.
(e)Any entity that receives a notification of a state or federal subsequent arrest or disposition for a person unknown to the entity, or for a person no longer employed by the entity, or no longer eligible to renew the certificate or license for which subsequent notification service was established shall immediately return the subsequent notification to the Department of Justice, informing the department that the entity is no longer interested in the applicant. The entity shall not record or otherwise retain any information received as a result of the subsequent notice.
(f)Any entity that submits the fingerprints of an applicant for employment, licensing, certification, or approval to the Department of Justice for the purpose of establishing a record at the department or the Federal Bureau of Investigation to receive notification of subsequent arrest or disposition shall immediately notify the department if the applicant is not subsequently employed, or if the applicant is denied licensing certification, or approval.
(g)An entity that fails to provide the Department of Justice with notification as set forth in subdivisions (c), (d), and (e) may be denied further subsequent notification service.
(h)Notwithstanding subdivisions (c), (d), and (f), subsequent notification by the Department of Justice and retention by the employing agency shall continue as to retired peace officers listed in subdivision (c) of Section 830.5.
SEC. 36.SEC. 37.Section 11105.3 of the Penal Code is amended to read:11105.3.(a)Notwithstanding any other law, a human resource agency or an employer may request from the Department of Justice records of all convictions or any arrest pending adjudication involving the offenses specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code of a person who applies for a license, employment, or volunteer position, in which he or she would have supervisory or disciplinary power over a minor or any person under his or her care. The department shall furnish the information to the requesting employer and shall also send a copy of the information to the applicant.
(b)Any request for records under subdivision (a) shall include the applicants fingerprints, which may be taken by the requester, and any other data specified by the department. The request shall be on a form approved by the department, and the department may charge a fee to be paid by the employer, human resource agency, or applicant for the actual cost of processing the request. However, no fee shall be charged to a nonprofit organization. Requests received by the department for federal level criminal offender record information shall be forwarded to the Federal Bureau of Investigation by the department to be searched for any record of arrests or convictions.
(c)(1)When a request pursuant to this section reveals that a prospective employee or volunteer has been convicted of a violation or attempted violation of Section 220, 261.5, 262, 273a, 273d, or 273.5, or any sex offense listed in Section 290, except for the offense specified in subdivision (d) of Section 243.4, and where the agency or employer hires the prospective employee or volunteer, the agency or employer shall notify the parents or guardians of any minor who will be supervised or disciplined by the employee or volunteer. A conviction for a violation or attempted violation of an offense committed outside the State of California shall be included in this notice if the offense would have been a crime specified in this subdivision if committed in California. The notice shall be given to the parents or guardians with whom the child resides, and shall be given at least 10 days prior to the day that the employee or volunteer begins his or her duties or tasks. Notwithstanding any other law, any person who conveys or receives information in good faith and in conformity with this section is exempt from prosecution under Section 11142 or 11143 for that conveying or receiving of information. Notwithstanding subdivision (d), the notification requirements of this subdivision shall apply as an additional requirement of any other provision of law requiring criminal record access or dissemination of criminal history information.
(2)The notification requirement pursuant to paragraph (1) shall not apply to a misdemeanor conviction for violating Section 261.5 or to a conviction for violating Section 262 or 273.5. Nothing in this paragraph shall preclude an employer from requesting records of convictions for violating Section 261.5, 262, or 273.5 from the Department of Justice pursuant to this section.
(d)Nothing in this section supersedes any law requiring criminal record access or dissemination of criminal history information. In any conflict with another statute, dissemination of criminal history information shall be pursuant to the mandatory statute. This subdivision applies to, but is not limited to, requirements pursuant to Article 1 (commencing with Section 1500) of Chapter 3 of, and Chapter 3.2 (commencing with Section 1569) and Chapter 3.4 (commencing with Section 1596.70) of, Division 2 of, and Section 1522 of, the Health and Safety Code, and Sections 8712, 8811, and 8908 of the Family Code, and Section 16519.5 of the Welfare and Institutions Code.
(e)The department may adopt regulations to implement the provisions of this section as necessary.
(f)As used in this section, employer means any nonprofit corporation or other organization specified by the Attorney General which that employs or uses the services of volunteers in positions in which the volunteer or employee has supervisory or disciplinary power over a child or children.
(g)As used in this section, human resource agency means a public or private entity, excluding any agency responsible for licensing of facilities pursuant to the California Community Care Facilities Act (Chapter 3 (commencing with Section 1500)), the California Residential Care Facilities for the Elderly Act (Chapter 3.2 (commencing with Section 1569)), Chapter 3.01 (commencing with Section 1568.01), and the California Child Day Care Facilities Act (Chapter 3.4 (commencing with Section 1596.70)) of Division 2 of the Health and Safety Code, responsible for determining the character and fitness of a person who is:
(1)Applying for a license, employment, or as a volunteer within the human services field that involves the care and security of children, the elderly, the handicapped, or the mentally impaired.
(2)Applying to be a volunteer who transports individuals impaired by drugs or alcohol.
(3)Applying to adopt a child or to be a foster parent.
(h)Except as provided in subdivision (c), any criminal history information obtained pursuant to this section is confidential and no recipient shall disclose its contents other than for the purpose for which it was acquired.
(i)As used in this subdivision, community youth athletic program means an employer having as its primary purpose the promotion or provision of athletic activities for youth under 18 years of age.
(j)A community youth athletic program, as defined in subdivision (i), may request state and federal level criminal history information pursuant to subdivision (a) for a volunteer coach or hired coach candidate. The director of the community youth athletic program shall be the custodian of records.
(k)The community youth athletic program may request from the Department of Justice subsequent arrest notification service, as provided in Section 11105.2, for a volunteer coach or a hired coach candidate.
(l)Compliance with this section does not remove or limit the liability of a mandated reporter pursuant to Section 11166.
SEC. 37.SEC. 38.Section 361.2 of the Welfare and Institutions Code is amended to read:361.2.(a)When a court orders removal of a child pursuant to Section 361, the court shall first determine whether there is a parent of the child, with whom the child was not residing at the time that the events or conditions arose that brought the child within the provisions of Section 300, who desires to assume custody of the child. If that parent requests custody, the court shall place the child with the parent unless it finds that placement with that parent would be detrimental to the safety, protection, or physical or emotional well-being of the child. The fact that the parent is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with his or her parent shall not be, for that reason alone, prima facie evidence that placement with that parent would be detrimental.
(b)If the court places the child with that parent it may do any of the following:
(1)Order that the parent become legal and physical custodian of the child. The court may also provide reasonable visitation by the noncustodial parent. The court shall then terminate its jurisdiction over the child. The custody order shall continue unless modified by a subsequent order of the superior court. The order of the juvenile court shall be filed in any domestic relation proceeding between the parents.
(2)Order that the parent assume custody subject to the jurisdiction of the juvenile court and require that a home visit be conducted within three months. In determining whether to take the action described in this paragraph, the court shall consider any concerns that have been raised by the childs 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 parents immigration status.
(2)The approved home of a relative, regardless of the relatives immigration status.
(3)The approved home of a nonrelative extended family member as defined in Section 362.7.
(4)The approved home of a resource family as defined in Section 16519.5.
(5)A foster home in which the child has been placed before an interruption in foster care, if that placement is in the best interest of the child and space is available.
(6)A suitable licensed community care facility, except a runaway and homeless youth shelter licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code.
(7)With a foster family agency to be placed in a suitable licensed foster family home or certified family home that has been certified by the agency as meeting licensing standards.
(8)A home or facility in accordance with the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(9)A child under six years of age shall not be placed in a community care facility licensed as a group home for children, a short-term residential treatment center as defined in subdivision (ad) of Section 11400, or a temporary shelter care facility as defined in Section 1530.8 of the Health and Safety Code, except under any of the following circumstances:
(A)(i)When a case plan indicates that placement is for purposes of providing short term, specialized, and intensive treatment to the child, the case plan specifies the need for, nature of, and anticipated duration of this treatment, pursuant to paragraph (2) of subdivision (c) of Section 16501.1, the case plan includes transitioning the child to a less restrictive environment and the projected timeline by which the child will be transitioned to a less restrictive environment, and the facility meets the applicable regulations adopted under Section 1530.8 of the Health and Safety Code and standards developed pursuant to Section 11467.1 of this code, and the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department has approved the case plan.
(ii)The short term, specialized, and intensive treatment period shall not exceed 120 days, unless the county has made progress toward or is actively working toward implementing the case plan that identifies the services or supports necessary to transition the child to a family setting, circumstances beyond the countys control have prevented the county from obtaining those services or supports within the timeline documented in the case plan, and the need for additional time pursuant to the case plan is documented by the caseworker and approved by a deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department.
(iii)To the extent that placements pursuant to this paragraph are extended beyond an initial 120 days, the requirements of clauses (i) and (ii) shall apply to each extension. In addition, the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department shall approve the continued placement no less frequently than every 60 days.
(B)When a case plan indicates that placement is for purposes of providing family reunification services. In addition, the facility offers family reunification services that meet the needs of the individual child and his or her family, permits parents to have reasonable access to their children 24 hours a day, encourages extensive parental involvement in meeting the daily needs of their children, and employs staff trained to provide family reunification services. In addition, one of the following conditions exists:
(i)The childs parent is also a ward of the court and resides in the facility.
(ii)The childs parent is participating in a treatment program affiliated with the facility and the childs placement in the facility facilitates the coordination and provision of reunification services.
(iii)Placement in the facility is the only alternative that permits the parent to have daily 24-hour access to the child in accordance with the case plan, to participate fully in meeting all of the daily needs of the child, including feeding and personal hygiene, and to have access to necessary reunification services.
(10)(A)A child who is 6 to 12 years of age, inclusive, may be placed in a community care facility licensed as a group home for children or a short-term residential treatment center as defined in subdivision (ad) of Section 11400, only when a case plan indicates that placement is for purposes of providing short term, specialized, and intensive treatment for the child, the case plan specifies the need for, nature of, and anticipated duration of this treatment, pursuant to paragraph (2) of subdivision (c) of Section 16501.1, the case plan includes transitioning the child to a less restrictive environment and the projected timeline by which the child will be transitioned to a less restrictive environment, and is approved by the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department.
(B)The short term, specialized, and intensive treatment period shall not exceed six months, unless the county has made progress or is actively working toward implementing the case plan that identifies the services or supports necessary to transition the child to a family setting, circumstances beyond the countys control have prevented the county from obtaining those services or supports within the timeline documented in the case plan, and the need for additional time pursuant to the case plan is documented by the caseworker and approved by a deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department.
(C)To the extent that placements pursuant to this paragraph are extended beyond an initial six months, the requirements of subparagraphs (A) and (B) shall apply to each extension. In addition, the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department shall approve the continued placement no less frequently than every 60 days.
(11)A child may be placed into a community care facility licensed as a group home, or commencing January 1, 2017, home or a short-term residential treatment center center, as defined in subdivision (ad) of Section 11400, only when the case plan indicates that placement is for purposes of providing short-term, specialized, and intensive treatment for the child, the case plan specifies the need for, nature of, and anticipated duration of this treatment, pursuant to paragraph (2) of subdivision (c) of Section 16501.1, and the case plan includes transitioning the child to a less restrictive environment and the projected timeline by which the child will be transitioned to a less restrictive environment.
(12)Nothing in this subdivision shall be construed to allow a social worker to place any dependent child outside the United States, except as specified in subdivision (f).
(f)(1)A child under the supervision of a social worker pursuant to subdivision (e) shall not be placed outside the United States prior to a judicial finding that the placement is in the best interest of the child, except as required by federal law or treaty.
(2)The party or agency requesting placement of the child outside the United States shall carry the burden of proof and shall show, by clear and convincing evidence, that placement outside the United States is in the best interest of the child.
(3)In determining the best interest of the child, the court shall consider, but not be limited to, the following factors:
(A)Placement with a relative.
(B)Placement of siblings in the same home.
(C)Amount and nature of any contact between the child and the potential guardian or caretaker.
(D)Physical and medical needs of the dependent child.
(E)Psychological and emotional needs of the dependent child.
(F)Social, cultural, and educational needs of the dependent child.
(G)Specific desires of any dependent child who is 12 years of age or older.
(4)If the court finds that a placement outside the United States is, by clear and convincing evidence, in the best interest of the child, the court may issue an order authorizing the social worker to make a placement outside the United States. A child subject to this subdivision shall not leave the United States prior to the issuance of the order described in this paragraph.
(5)For purposes of this subdivision, outside the United States shall not include the lands of any federally recognized American Indian tribe or Alaskan Natives.
(6)This subdivision shall not apply to the placement of a dependent child with a parent pursuant to subdivision (a).
(g)(1)If the child is taken from the physical custody of the childs 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 childs parent or guardian in order to facilitate reunification of the family.
(2)In the event that there are no appropriate placements available in the parents or guardians county of residence, a placement may be made in an appropriate place in another county, preferably a county located adjacent to the parents or guardians community of residence.
(3)Nothing in this section shall be interpreted as requiring multiple disruptions of the childs 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 parents or guardians 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 childs parents or guardians county of residence, the specific reason the out-of-county placement is necessary shall be documented in the childs case plan. If the reason the out-of-county placement is necessary is the lack of resources in the sending county to meet the specific needs of the child, those specific resource needs shall be documented in the case plan.
(5)When it has been determined that a child is to be placed out of county either in a group home or a short-term residential treatment center, or with a foster family agency for subsequent placement in a certified foster family home, and the sending county is to maintain responsibility for supervision and visitation of the child, the sending county shall develop a plan of supervision and visitation that specifies the supervision and visitation activities to be performed and specifies that the sending county is responsible for performing those activities. In addition to the plan of supervision and visitation, the sending county shall document information regarding any known or suspected dangerous behavior of the child that indicates the child may pose a safety concern in the receiving county. 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 childs health or well-being is endangered by delaying the action or would be endangered if prior notice were given. The notice shall state the reasons which require placement outside the county. The parent or guardian may object to the placement not later than seven days after receipt of the notice and, upon objection, the court shall hold a hearing not later than five days after the objection and prior to the placement. The court shall order out-of-county placement if it finds that the childs particular needs require placement outside the county.
(i)When the court has ordered removal of the child from the physical custody of his or her parents pursuant to Section 361, the court shall consider whether the family ties and best interest of the child will be served by granting visitation rights to the childs grandparents. The court shall clearly specify those rights to the social worker.
(j)When the court has ordered removal of the child from the physical custody of his or her parents pursuant to Section 361, the court shall consider whether there are any siblings under the courts jurisdiction, or any nondependent siblings in the physical custody of a parent subject to the courts 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 childs 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 childs caregiver is able to meet the day-to-day health, safety, and well-being needs of the child.
(B)The childs caregiver is permitted to maintain the least restrictive and most family-like environment that serves the day-to-day needs of the child.
(C)The child is permitted to engage in reasonable, age-appropriate day-to-day activities that promote the most family-like environment for the foster child.
(2)The foster childs 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 childs caregiver to permit the child to engage in day-to-day activities that carry an unreasonable risk of harm, or subject the child to abuse or neglect.
SEC. 38.SEC. 39.Section 727.1 of the Welfare and Institutions Code is amended to read:727.1.(a)When the court orders the care, custody, and control of the minor to be under the supervision of the probation officer for foster care placement pursuant to subdivision (a) of Section 727, the decision regarding choice of placement shall be based upon selection of a safe setting that is the least restrictive or most family like, and the most appropriate setting that is available and in close proximity to the parents home, consistent with the selection of the environment best suited to meet the minors special needs and best interests. The selection shall consider, in order of priority, placement with relatives, tribal members, and foster family, group care, and residential treatment pursuant to Section 7950 of the Family Code.
(b)Unless otherwise authorized by law, the court may not order the placement of a minor who is adjudged a ward of the court on the basis that he or she is a person described by either Section 601 or 602 in a private residential facility or program that provides 24-hour supervision, outside of the state, unless the court finds, in its order of placement, that all of the following conditions are met:
(1)In-state facilities or programs have been determined to be unavailable or inadequate to meet the needs of the minor.
(2)The State Department of Social Services or its designee has performed initial and continuing inspection of the out-of-state residential facility or program and has either certified that the facility or program meets the greater of all licensure standards required of group homes or of short-term residential treatment centers, operated in California or that the department has granted a waiver to a specific licensing standard upon a finding that there exists no adverse impact to health and safety, pursuant to subdivision (c) of Section 7911.1 of the Family Code.
(3)The requirements of Section 7911.1 of the Family Code are met.
(c)If, upon inspection, the probation officer of the county in which the minor is adjudged a ward of the court determines that the out-of-state facility or program is not in compliance with the standards required under paragraph (2) of subdivision (b) or has an adverse impact on the health and safety of the minor, the probation officer may temporarily remove the minor from the facility or program. The probation officer shall promptly inform the court of the minors removal, and shall return the minor to the court for a hearing to review the suitability of continued out-of-state placement. The probation officer shall, within one business day of removing the minor, notify the State Department of Social Services Compact Administrator, and, within five working days, submit a written report of the findings and actions taken.
(d)The court shall review each of these placements for compliance with the requirements of subdivision (b) at least once every six months.
(e)The county shall not be entitled to receive or expend any public funds for the placement of a minor in an out-of-state group home or short-term residential treatment center, unless the conditions of subdivisions (b) and (d) are met.
SEC. 40.Section 827.11 is added to the Welfare and Institutions Code, to read:827.11.(a)The Legislature finds and declares all of the following:
(1)It is the intent of the Legislature to ensure quality care for children and youth who are placed in the continuum of foster care settings.
(2)Attracting and retaining quality caregivers is critical to achieving positive outcomes for children, youth, and families, and to ensuring the success of child welfare improvement efforts.
(3)Quality caregivers strengthen foster care by ensuring that a foster or relative family caring for a child provides the loving, committed, and skilled care that the child needs, while working effectively with the child welfare system to reach the childs goals.
(4)Caregivers who are informed of the childs educational, medical, dental, and mental health history and current needs are better able to meet those needs and address the effects of trauma, increasing placement stability and improving permanency outcomes.
(5)Sharing necessary information with the caregiver is a critical component of effective service delivery for children and youth in foster care.
(b)Therefore, consistent with state and federal law, information shall be provided to a caregiver regarding the childs or youths educational, medical, dental, and mental health history and current needs.
(c)This section is declaratory of existing law and is not intended to impose a new program or higher level of service upon any local agency. It is intended, however, that this restatement of existing law should engender a renewed sense of commitment to engaging foster parents in order to provide quality care to children and youth in foster care.
SEC. 39.SEC. 41.Section 831 is added to the Welfare and Institutions Code, to read:831.(a)(1)For purposes of this section, a child and family team means a supportive team that informs the process of placement and services to foster children and to children youth in foster care or who are at risk of foster care placement. The child and family team is comprised of the child or youth, the childs family, the caregiver, the placing agency caseworker, a county mental health representative, and a representative of the childs or youths tribe and or Indian custodian if the child is Indian, and the county mental health representative. custodian, as applicable. As appropriate, the child and family team also may include, but is not limited to, behavioral health representatives and other formal supports, such as educational professionals and representatives from other agencies providing services to the child or youth and family. A For purposes of this definition, child and family team also may include extended family and informal support persons, such as friends, coaches, faith-based connections, and tribes as identified by the child or youth and family. For purposes of this definition, if If placement into a short-term residential treatment center or a foster family agency that provides treatment services has occurred or is being considered, the mental health representative is required to be a licensed mental health professional.
(2)To promote more effective communication needed for the development of a plan to address the needs of the child or youth and family, a person designated as a member of a child and family team pursuant to subdivision (a) of Section 16501 may receive and disclose relevant information and records, subject to the confidentiality provisions described in this section.
(3)Information exchanged among the team shall be received in confidence for the limited purpose of providing necessary services and supports to the child or youth and family and shall not be further disclosed except to the juvenile court with jurisdiction over the child or as otherwise required by law.
(b)When a child or youth and family have been identified as benefiting from the convening of a child and family team, the following shall occur:
(1)The parents or guardians and the child or youth shall be informed of the nature of the team, the expected benefit of convening the team, and the expected outcome of the team.
(2)The parents or guardians and the child or youth shall be informed that they may decline participation in the team.
(3)If the parents or guardians or and the child or youth agree to participate in the team, the proposed members of the team shall be identified. The parents or guardians and the child or youth shall be permitted to identify nonprofessionals, such as relatives, nonrelative extended family members, and caregivers or former caregivers, to participate on the team.
(4)All team members shall be fully apprised of the confidentiality requirements of this subdivision prior to participation in the team meetings and shall sign a confidentiality agreement.
(c)(1)When a child and family team is convened, each participating parent, guardian, and child child, and youth with legal power to consent shall be asked to sign an authorization to release information to team members. In the event that a child or youth who is a dependent of the juvenile court does not have the legal power to consent to the release of information, the court is authorized to consent on behalf of the child.
(2)Authorization to release information shall be in writing and shall comply with all other applicable state law governing release of medical, mental health, social service, and educational records, and that covers identified team members, including service providers, in order to permit the release of records to the team.
(A)Authorization for the release of medical records may be indicated on a separate form designated for that purpose.
(B)This authorization shall not include release of adoption records.
(3)All team members from whom an authorization to release information is required shall be informed of the right to refuse to sign, or to limit the scope of, the consent form.
(4)The knowing and informed consent to release information given pursuant to this section shall only be in force for the time that the child or youth, or family, or nonminor dependent, is participating in the child and family team.
(d)(1)Upon obtaining the authorization to release information as described in subdivision (c), relevant information and records may be shared with members of the team. If the team determines that the disclosure of information would present a reasonable risk of a significant adverse or detrimental effect on the minors psychological or physical safety, the information shall not be released.
(2)To the extent the records were generated as a result of health care services to which the child or youth has the power to consent under state law, release of these records may take place only after the team has received written authorization from the child or youth to release the records.
(e)Before each team meeting, a facilitator shall explain both of the following to the team before information may be exchanged about a particular child child, youth, or family:
(1)Information provided by the child, youth, or family may only be exchanged with team members with the express written consent of the family and the child child, youth, or person with the legal right to consent on behalf of the child or youth.
(2)Information discussed in the team meetings shall not be disclosed to anyone other than members of the team and juvenile court, unless otherwise required by law. Civil and criminal penalties may apply to the inappropriate disclosure of information held by the team.
(f)Every member of the child and family team who receives information or records on the child or youth and family served by the team shall be under the same privacy and confidentiality obligations as the person disclosing or providing the information or records. The information or records obtained shall be maintained in a manner that ensures the maximum protection of privacy and confidentiality rights.
(g)This section shall not be construed to restrict guarantees of confidentiality provided under federal law.
(h)Information and records communicated or provided to the team, by all providers, programs, and agencies, as well as information and records created by the team in the course of serving a child and his or her family, its children, youth, and their families, shall be deemed private and confidential and shall be protected from discovery and disclosure by all applicable statutory and common law. Nothing in this section shall be construed to affect the authority of a health care provider to disclose medical information pursuant to paragraph (1) of subdivision (c) of Section 56.10 of the Civil Code.
(i)If the child welfare agency files or records, or any portions thereof, are privileged or confidential, pursuant to any other state law, except Section 827, or federal law or regulation, the requirements of that state law or federal law or regulation prohibiting or limiting release of the child welfare agency files or records, or any portions thereof, shall prevail.
(j)All discussions during team meetings are confidential unless disclosure is required by law. Notwithstanding any other law, testimony concerning any team meeting discussion is not admissible in any criminal or civil proceeding except as provided in paragraph (2) of subdivision (a).
(k)As used in this section, privileged information means any information subject to a privilege pursuant to Division 8 (commencing with Section 900) of the Evidence Code. Disclosure of otherwise privileged information to team members shall not be construed to waive the privilege.
SEC. 40.SEC. 42.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 Californias 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)Commencing Except as otherwise provided in paragraph (3), commencing January 1, 2018, 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, 2018.
(d)For the 200102 fiscal year, the 200203 fiscal year, the 200304 fiscal year, and the 200405 fiscal year, community treatment facility programs shall also be paid a community treatment facility supplemental rate of up to two thousand five hundred dollars ($2,500) per child per month on behalf of children eligible under the foster care program and children placed out of home pursuant to an individualized education program developed under Section 7572.5 of the Government Code. Subject to the availability of funds, the supplemental rate shall be shared by the state and the counties. Counties shall be responsible for paying a county share of cost equal to 60 percent of the community treatment rate for children placed by counties in community treatment facilities and the state shall be responsible for 40 percent of the community treatment facility supplemental rate. The community treatment facility supplemental rate is intended to supplement, and not to supplant, the payments for which children placed in community treatment facilities are eligible to receive under the foster care program and the existing programs for mental health services.
(e)For initial ratesetting purposes for community treatment facility funding, the cost of mental health services shall be determined by deducting the foster care rate and the community treatment facility supplemental rate from the total allowable cost of the community treatment facility program. Payments to certified providers for mental health services shall be based on eligible services provided to children who are Medi-Cal beneficiaries, up to the approved federal rate for these services.
(f)The State Department of Health Care Services shall provide the community treatment facility supplemental rates to the counties for advanced payment to the community treatment facility providers in the same manner as the regular foster care payment and within the same required payment time limits.
(g)In order to facilitate the study of the costs of community treatment facilities, licensed community treatment facilities shall provide all documents regarding facility operations, treatment, and placements requested by the department.
(h)It is the intent of the Legislature that the State Department of Health Care Services and the State Department of Social Services work to maximize federal financial participation in funding for children placed in community treatment facilities through funds available pursuant to Titles IV-E and XIX of the federal Social Security Act (Title 42 U.S.C. Sec. 670 et seq. and Sec. 1396 et seq.) and other appropriate federal programs.
(i)The State Department of Health Care Services and the State Department of Social Services may adopt emergency regulations necessary to implement joint protocols for the oversight of community treatment facilities, to modify existing licensing regulations governing reporting requirements and other procedural and administrative mandates to take into account the seriousness and frequency of behaviors that are likely to be exhibited by the seriously emotionally disturbed children placed in community treatment facility programs, to modify the existing foster care ratesetting regulations, and to pay the community treatment facility supplemental rate. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, and general welfare. The regulations shall become effective immediately upon filing with the Secretary of State. The regulations shall not remain in effect more than 180 days unless the adopting agency complies with all the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, as required by subdivision (e) of Section 11346.1 of the Government Code.
SEC. 41.SEC. 43.Section 4096 of the Welfare and Institutions Code is amended to read:4096.(a)(1)Interagency collaboration and childrens program services shall be structured in a manner that will facilitate future implementation of the goals of the Childrens Mental Health Services Act.
(2)Components shall be added to state-county performance contracts required in Section 5650 that provide for reports from counties on how this section is implemented.
(3)The department shall develop performance contract components required by paragraph (2).
(4)Performance contracts subject to this section shall document that the procedures to be implemented in compliance with this section have been approved by the county social services department and the county probation department.
(b)Funds specified in subdivision (a) of Section 17601 for services to wards of the court and dependent children of the court shall be allocated and distributed to counties based on the number of wards of the court and dependent children of the court in the county.
(c)A county may utilize funds allocated pursuant to subdivision (b) only if the county has an established and operational interagency placement committee, with a membership that includes at least the county placement agency and a licensed mental health professional from the county department of mental health. If necessary, the funds may be used for costs associated with establishing the interagency placement committee.
(d)Subsequent to the establishment of an interagency placement committee, funds allocated pursuant to subdivision (b) shall be used to provide services to wards of the court and dependent children of the court jointly identified by county mental health, social services, and probation departments as the highest priority. Every effort shall be made to match those funds with funds received pursuant to Title XIX of the federal Social Security Act, contained in Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code.
(e)(1)Each interagency placement committee shall establish procedures whereby a ward of the court or dependent child of the court, or a voluntarily placed child whose placement is funded by the Aid to Families with Dependent Children-Foster Care Program, who is to be placed or is currently placed in a group home program at a rate classification level 13 or rate classification level 14 as specified in Section 11462.01, is assessed as seriously emotionally disturbed, as defined in Section 5600.3 and Section 1502.4 of the Health and Safety Code.
(2)The assessment required by paragraph (1) shall also indicate that the child or youth is in need of the care and services provided by that group home program.
(f)The interagency placement committee shall document the results of the assessment required by subdivision (e) and shall notify the appropriate group home provider and county placing agency, in writing, of those results within 10 days of the completion of the assessment.
(g)If the childs or youths placement is not funded by the Aid to Families with Dependent Children-Foster Care Program, a licensed mental health professional, as defined in Sections 629 to 633, inclusive, of Title 9 of the California Code of Regulations, shall certify that the child is seriously emotionally disturbed, as defined in Section 5600.3 and Section 1502.4 of the Health and Safety Code.
(h)(1)This section shall become inoperative on January 1, 2017, except that this section shall continue to apply, until January 1, 2018, to a group home that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11462.04 or to a foster family home that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11463.1.
(2)
(h)This section shall remain in effect only until January 1, 2018, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, 2017, deletes or extends that date.
SEC. 42.SEC. 44.Section 4096 is added to the Welfare and Institutions Code, to read:4096.(a)(1)Interagency collaboration and childrens program services shall be structured in a manner that will facilitate implementation of the goals of the Childrens Mental Health Services Act.
(2)Components shall be added to state-county performance contracts required in Section 5650 that provide for reports from counties on how this section is implemented.
(3)The State Department of Health Care Services shall develop performance contract components required by paragraph (2).
(4)Performance contracts subject to this section shall document that the procedures to be implemented in compliance with this section have been approved by the county social services department and the county probation department.
(b)Funds specified in subdivision (a) of Section 17601 for services to wards of the court and dependent children of the court shall be allocated and distributed to counties based on the number of wards of the court and dependent children of the court in the county.
(c)A county may utilize funds allocated pursuant to subdivision (b) only if the county has an established and operational interagency placement with a membership that includes at least the county placement agency and a licensed mental health professional from the county department of mental health. If necessary, the funds may be used for costs associated with establishing the interagency placement committee.
(d)Funds allocated pursuant to subdivision (b) shall be used to provide services to wards of the court and dependent children of the court jointly identified by county mental health, social services, and probation departments as the highest priority. Every effort shall be made to match those funds with funds received pursuant to Title XIX of the federal Social Security Act, contained in Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code.
(e)(1)Each interagency placement committee shall establish procedures whereby a ward of the court or dependent child of the court, or a voluntarily placed child whose placement is funded by the Aid to Families with Dependent Children-Foster Care Program, who is to be placed or is currently placed in a short-term residential treatment center or foster family agency that provides treatment services, as specified in Section 11462.01, is assessed as seriously emotionally disturbed, as defined in Section 5600.3 and Section 1502.4 of the Health and Safety Code.
(2)The assessment required by paragraph (1) shall also indicate that the child is in need of the care and services provided by a short-term residential center or foster family agency that provides treatment services.
(3)In lieu of an assessment by the interagency placement committee required under paragraph (1), a child and family team, as defined in Section 831, may utilize an assessment by a licensed mental health professional that was developed consistent with procedures established by the county under paragraph (1). Nothing in this paragraph shall prohibit the child and family team from considering an assessment provided by an interagency placement committee.
(f)The interagency placement committee or the child and family team, as appropriate, shall document the results of the assessment required by subdivision (e) and shall notify the appropriate provider in writing, of those results within 10 days of the completion of the assessment.
(g)If the childs or youths placement is not funded by the Aid to Families with Dependent Children-Foster Care Program, a licensed mental health professional shall certify that the child is seriously emotionally disturbed, as defined in Section 5600.3 and Section 1502.4 of the Health and Safety Code.
(h)This section shall become operative on January 1, 2017.
SEC. 45.Section 4096.1 is added to the Welfare and Institutions Code, to read:4096.1.(a)(1)Interagency collaboration and childrens program services shall be structured in a manner that will facilitate future implementation of the goals of the Childrens Mental Health Services Act.
(2)Components shall be added to state-county performance contracts required in Section 5650 that provide for reports from counties on how this section is implemented.
(3)The department shall develop performance contract components required by paragraph (2).
(4)Performance contracts subject to this section shall document that the procedures to be implemented in compliance with this section have been approved by the county social services department and the county probation department.
(b)Funds specified in subdivision (a) of Section 17601 for services to wards of the court and dependent children of the court shall be allocated and distributed to counties based on the number of wards of the court and dependent children of the court in the county.
(c)A county may utilize funds allocated pursuant to subdivision (b) only if the county has an established and operational interagency placement committee, with a membership that includes at least the county placement agency and a licensed mental health professional from the county department of mental health. If necessary, the funds may be used for costs associated with establishing the interagency placement committee.
(d)Subsequent to the establishment of an interagency placement committee, funds allocated pursuant to subdivision (b) shall be used to provide services to wards of the court and dependent children of the court jointly identified by county mental health, social services, and probation departments as the highest priority. Every effort shall be made to match those funds with funds received pursuant to Title XIX of the federal Social Security Act, contained in Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code.
(e)(1)Each interagency placement committee shall establish procedures whereby a ward of the court or dependent child of the court, or a voluntarily placed child whose placement is funded by the Aid to Families with Dependent Children-Foster Care Program, who is to be placed or is currently placed in a group home program at a rate classification level 13 or rate classification level 14 as specified in Section 11462.001, is assessed as seriously emotionally disturbed, as defined in Section 5600.3 and Section 1502.45 of the Health and Safety Code.
(2)The assessment required by paragraph (1) shall also indicate that the child or youth is in need of the care and services provided by that group home program.
(f)The interagency placement committee shall document the results of the assessment required by subdivision (e) and shall notify the appropriate group home provider and county placing agency, in writing, of those results within 10 days of the completion of the assessment.
(g)If the childs or youths placement is not funded by the Aid to Families with Dependent Children-Foster Care Program, a licensed mental health professional, as defined in Sections 629 to 633, inclusive, of Title 9 of the California Code of Regulations, shall certify that the child is seriously emotionally disturbed, as defined in Section 5600.3 and Section 1502.45 of the Health and Safety Code.
(h)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.
(i)This section shall become operative on January 1, 2017.
(j)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 43.SEC. 46.Section 4096.5 of the Welfare and Institutions Code is amended to read:4096.5.(a)The State Department of Health Care Services shall make a determination, within 45 days of receiving a request from a group home to be classified at RCL 13 or RCL 14 pursuant to Section 11462.01, to certify or deny certification that the group home program includes provisions for mental health treatment services that meet the needs of seriously emotionally disturbed children. The department shall issue each certification for a period of one year and shall specify the effective date the program met the certification requirements. A program may be recertified if the program continues to meet the criteria for certification.
(b)The State Department of Health Care Services shall, in consultation with the California Mental Health Directors Association and representatives of provider organizations, develop the criteria for the certification required by subdivision (a) by July 1, 1992.
(c)(1)The State Department of Health Care Services may, upon the request of a county, delegate to that county the certification task.
(2)Any county to which the certification task is delegated pursuant to paragraph (1) shall use the criteria and format developed by the department.
(d)The State Department of Health Care Services or delegated county shall notify the State Department of Social Services Community Care Licensing Division immediately upon the termination of any certification issued in accordance with subdivision (a).
(e)Upon receipt of notification from the State Department of Social Services Community Care Licensing Division of any adverse licensing action taken after the finding of noncompliance during an inspection conducted pursuant to Section 1538.7 of the Health and Safety Code, the State Department of Health Care Services or the delegated county shall review the certification issued pursuant to this section.
(f)(1)This section shall become inoperative on January 1, 2017, except that this section shall continue to apply, until January 1, 2018, to a group home that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11462.04 or to a foster family home that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11463.1.
(2)This section is repealed as of January 1, 2018, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
(f)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 44.SEC. 47.Section 4096.5 is added to the Welfare and Institutions Code, to read:4096.5.(a)All short-term residential treatment centers, and all foster family agencies that provide intensive treatment services as described in Section 11462.01, shall obtain and have in good standing a mental health certification issued by the State Department of Health Care Services or a county to which the department has delegated certification authority. This certification is a condition for receiving an Aid to Families with Dependent Children-Foster Care rate pursuant to Section 11462.015.
(b)The State Department of Health Care Services or a county to which the department has delegated certification authority shall certify or deny certification within 45 days of receiving a certification request. The State Department of Health Care Services or a county to which the department has delegated certification authority shall issue each certification for a period of one year and shall specify the effective date that the program met the program standards. Certified entities shall meet all program standards to be recertified.
(c)Pursuant to Section 11462.25, the State Department of Health Care Services shall promulgate regulations regarding program standards, oversight, enforcement, and due process for the mental health certification of short-term residential treatment centers and foster family agencies that provide intensive or therapeutic treatment services.
(d)(1)Except for certification of short-term residential treatment centers or foster family agencies operated by a county, the State Department of Health Care Services may, upon the request of a county, delegate to that county the certification of short-term residential treatment centers and foster family agencies within its borders.
(2)Any county to which certification is delegated pursuant to paragraph (1) shall be responsible for the oversight and enforcement of program standards and the provision of due process for certified entities.
(e)The State Department of Health Care Services or a county to which the department has delegated certification authority shall notify the State Department of Social Services immediately upon the termination of any certification issued in accordance with subdivisions (a) and (b).
(f)The State Department of Social Services shall notify the State Department of Health Care Services or a county to which the department has delegated certification authority immediately upon the revocation of any license issued pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code.
(g)This section shall become operative on January 1, 2017.
SEC. 48.Section 4096.55 is added to the Welfare and Institutions Code, to read:4096.55.(a)The State Department of Health Care Services shall make a determination, within 45 days of receiving a request from a group home to be classified at rate classification level 13 or rate classification level 14 pursuant to Section 11462.015, to certify or deny certification that the group home program includes provisions for mental health treatment services that meet the needs of seriously emotionally disturbed children. The department shall issue each certification for a period of one year and shall specify the effective date the program met the certification requirements. A program may be recertified if the program continues to meet the criteria for certification.
(b)The State Department of Health Care Services shall, in consultation with the California Mental Health Directors Association and representatives of provider organizations, develop the criteria for the certification required by subdivision (a).
(c)(1)The State Department of Health Care Services may, upon the request of a county, delegate to that county the certification task.
(2)Any county to which the certification task is delegated pursuant to paragraph (1) shall use the criteria and format developed by the department.
(d)The State Department of Health Care Services or delegated county shall notify the State Department of Social Services Community Care Licensing Division immediately upon the termination of any certification issued in accordance with subdivision (a).
(e)Upon receipt of notification from the State Department of Social Services Community Care Licensing Division of any adverse licensing action taken after the finding of noncompliance during an inspection conducted pursuant to Section 1538.7 of the Health and Safety Code, the State Department of Health Care Services or the delegated county shall review the certification issued pursuant to this section.
(f)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 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.
(g)This section shall become operative on January 1, 2017.
(h)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 45.SEC. 49.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 childs needs. It shall also include the agencys 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 childs family, and the foster parents, in order to meet the childs needs while in foster care, and to reunify the child with the childs family. In addition, the plan shall specify the services that will be provided or steps that will be taken to facilitate an alternate permanent plan if reunification is not possible.
(c)Certified family home means a family residence certified by a licensed foster family agency and issued a certificate of approval by that agency as meeting licensing standards, and used only by that foster family agency for placements.
(d)Family home means the family residence of a licensee in which 24-hour care and supervision are provided for children.
(e)Small family home means any residential facility, in the licensees family residence, which provides 24-hour care for six or fewer foster children who have mental disorders or developmental or physical disabilities and who require special care and supervision as a result of their disabilities.
(f)Foster care means the 24-hour out-of-home care provided to children whose own families are unable or unwilling to care for them, and who are in need of temporary or long-term substitute parenting.
(g)Foster family agency means any individual or organization engaged in the recruiting, certifying, and training of, and providing professional support to, foster parents, or in finding homes or other places for placement of children for temporary or permanent care who require that level of care as an alternative to a group home. Private foster family agencies shall be organized and operated on a nonprofit basis.
(h)Group home means a nondetention privately operated residential home, organized and operated on a nonprofit basis only, of any capacity, or a nondetention licensed residential care home operated by the County of San Mateo with a capacity of up to 25 beds, that accepts children in need of care and supervision in a group home, as defined by paragraph (13) of subdivision (a) of Section 1502 of the Health and Safety Code.
(i)Periodic review means review of a childs 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 childs return home or establishment of alternative permanent placement.
(j)Permanency planning hearing means a hearing conducted by the juvenile court in which the childs 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 childs placement; or to the responsibility designated to an individual by virtue of his or her being appointed the childs 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 members 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 nonminors 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 nonminors and social workers or probation officers 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 dependents transitional independent living case plan, in which the youth is living independently, pursuant to Section 472(c)(2) of the Social Security Act (42 U.S.C. Sec. 672(c)(2)).
(x)Supervised independent living setting, pursuant to Section 472(c)(2) of the federal Social Security Act (42 U.S.C. Sec. 672(c)(2)), includes both a supervised independent living placement, as defined in subdivision (w), and a residential housing unit certified by the transitional housing placement provider operating a Transitional Housing Placement-Plus Foster Care program, as described in paragraph (2) of subdivision (a) of Section 16522.1.
(y)Transitional independent living case plan means, on or after January 1, 2012, a childs case plan submitted for the last review hearing held before he or she reaches 18 years of age or the nonminor dependents 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 nonminors appropriate supervised placement setting, and the nonminors 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 nonminors 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 nonminors 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 nonminors agreement to work collaboratively with the placing agency to develop his or her transitional independent living case plan within 60 days of reentry, the nonminors agreement to report any changes of circumstances relevant to continued eligibility for foster care payments, and (1) the nonminors 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 agencys 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 nonminors 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 courts transition jurisdiction under Section 450.
(ad)Short-term residential treatment center means a 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 childs or youths case plan specifies the need for, nature of, and anticipated duration of this specialized treatment.
(ae)Resource family means a placement, as defined in subdivision (c) of Section 16519.5.
SEC. 46.SEC. 50.Section 11402 of the Welfare and Institutions Code is amended to read:11402.In order to be eligible for AFDC-FC, a child or nonminor dependent shall be placed in one of the following:
(a)The approved home of a relative, provided the child or youth is otherwise eligible for federal financial participation in the AFDC-FC payment.
(b)(1)The licensed family home of a nonrelative.
(2)The approved home of a nonrelative extended family member as described in Section 362.7.
(c)The approved home of a resource family as defined in Section 16519.5.
(d)A licensed group home, as defined in subdivision (h) of Section 11400, excluding a runaway and homeless youth shelter as defined in subdivision (ab) of Section 11400, provided that the placement worker has documented that the placement is necessary to meet the treatment needs of the child 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 childs child or youth attaining 18 years of age.
(f)An exclusive-use home.
(g)A housing model certified by a licensed transitional housing placement provider as described in Section 1559.110 of the Health and Safety Code and as defined in subdivision (r) of Section 11400.
(h)An out-of-state group home, provided that the placement worker, in addition to complying with all other statutory requirements for placing a minor in an out-of-state group home, documents that the requirements of Section 7911.1 of the Family Code have been met.
(i)An approved supervised independent living setting for nonminor dependents, as defined in subdivision (w) of Section 11400.
(j)(1)This section shall become inoperative on January 1, 2017, except that this section shall continue to apply, until January 1, 2018, to a group home that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11462.04 or to a foster family home that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11463.1.
(2)
(j)This section shall remain in effect only until January 1, 2018, 2017,and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, 2017, deletes or extends that date.
SEC. 47.SEC. 51.Section 11402 is added to the Welfare and Institutions Code, to read:11402.In order to be eligible for AFDC-FC, a child or nonminor dependent shall be placed in one of the following:
(a)The approved home of a relative, provided the child or youth is otherwise eligible for federal financial participation in the AFDC-FC payment.
(b)(1)The home of a nonrelated legal guardian or the home of a former nonrelated legal guardian when the guardianship of a child or youth who is otherwise eligible for AFDC-FC has been dismissed due to the child or youth attaining 18 years of age.
(2)The approved home of a nonrelative extended family member, as described in Section 362.7.
(c)(1)The licensed family home of a nonrelative.
(2)The approved home of a resource family, as defined in Section 16519.5.
(3)A licensed foster family agency for placement into a nontreatment foster home, provided that the program has accreditation from a nationally recognized entity identified by the State Department of Social Services pursuant to the process described in paragraph (8) of subdivision (b) of Section 11463.
(d)(1)A housing model certified by a licensed transitional housing placement provider, as described in Section 1559.110 of the Health and Safety Code, and as defined in subdivision (r) of Section 11400.
(2)An approved supervised independent living setting for nonminor dependents, as defined in subdivision (w) of Section 11400.
(e)A licensed foster family agency for placement into a treatment foster home, provided that all of the following apply:
(1)The program has accreditation from a nationally recognized entity identified by the State Department of Social Services pursuant to the process described in paragraph (8) of subdivision (b) of Section 11463.
(2)The program has a mental health certificate pursuant to Section 11462.015.
(3)The placement worker has documented in the childs or youths case plan the need for, nature of, and anticipated duration of this specialized treatment to meet the treatment needs of the child or youth and that the facility offers those treatment services.
(f)A short-term residential treatment center licensed as a community care facility, as defined in subdivision (ad) of Section 11400, provided that all of the following apply:
(1)The program has a national accreditation from an entity selected by the State Department of Social Services pursuant to the process described in paragraph (4) of subdivision (b) of Section 11462.
(2)The program has a mental health certificate pursuant to Section 11462.015.
(3)The placement worker has documented in the childs or youths case plan the need for, nature of, and anticipated duration of this specialized treatment to meet the treatment needs of the child or youth and that the facility offers those treatment services.
(g)An out-of-state short-term residential treatment center group home that meets the equivalent of the requirements of paragraphs (1), (2), and (3) of subdivision (f), provided that the placement worker, in addition to complying with all other statutory requirements for placing a minor in an out-of-state group home, documents that the requirements of Section 7911.1 of the Family Code have been met.
(h)A community treatment facility set forth in Article 5 (commencing with Section 4094) of Chapter 3 of Part 1 of Division 4.
(i)This section shall become operative on January 1, 2017.
SEC. 52.Section 11402.01 is added to the Welfare and Institutions Code, immediately following Section 11402, to read:11402.01.In order to be eligible for AFDC-FC, a child or nonminor dependent shall be placed in one of the following:
(a)The approved home of a relative, provided the child or youth is otherwise eligible for federal financial participation, as defined in Section 11402.1, in the AFDC-FC payment.
(b)(1)The licensed family home of a nonrelative.
(2)The approved home of a nonrelative extended family member as described in Section 362.7.
(c)The approved home of a resource family as defined in Section 16519.5.
(d)A licensed group home, as defined in subdivision (h) of Section 11400, excluding a runaway and homeless youth shelter as defined in subdivision (ab) of Section 11400, provided that the placement worker has documented that the placement is necessary to meet the treatment needs of the child 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)An exclusive-use home.
(g)A housing model certified by a licensed transitional housing placement provider as described in Section 1559.110 of the Health and Safety Code and as defined in subdivision (r) of Section 11400.
(h)An out-of-state group home, provided that the placement worker, in addition to complying with all other statutory requirements for placing a minor in an out-of-state group home, documents that the requirements of Section 7911.1 of the Family Code have been met.
(i)An approved supervised independent living setting for nonminor dependents, as defined in subdivision (w) of Section 11400.
(j)This section shall 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, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 48.SEC. 53.Section 11403.2 of the Welfare and Institutions Code is amended to read:11403.2.(a)The following persons shall be eligible for transitional housing provided pursuant to Article 4 (commencing with Section 16522) of Chapter 5 of Part 4:
(1)Any foster child at least 16 years of age and not more than 18 years of age, and, on or after January 1, 2012, any nonminor dependent, as defined in subdivision (v) of Section 11400, who is eligible for AFDC-FC benefits as described in Section 11401. A foster child under 18 years of age shall be eligible for placement in the program certified as a Transitional Housing Placement Program, pursuant to paragraph (1) of subdivision (a) of Section 16522.1. A nonminor dependent shall be eligible for placement in the program certified as a Transitional Housing Placement-Plus Foster Care Program pursuant to paragraph (2) of subdivision (a) of Section 16522.1.
(2)(A)Any former foster youth at least 18 years of age and, except as provided in subparagraph (B), not more than 24 years of age who has exited from the foster care system on or after his or her 18th birthday and elects to participate in Transitional Housing Program-Plus, as defined in subdivision (s) of Section 11400, if he or she has not received services under this paragraph for more than a total of 24 months, whether or not consecutive. If the person participating in a Transitional Housing Program-Plus is not receiving aid under Section 11403.1, he or she, as a condition of participation, shall enter into, and execute the provisions of, a transitional independent living plan that shall be mutually agreed upon, and annually reviewed, by the former foster youth and the applicable county welfare or probation department or independent living program coordinator. The person participating under this paragraph shall inform the county of any changes to conditions specified in the agreed-upon plan that affect eligibility, including changes in address, living circumstances, and the educational or training program.
(B)A county may, at its option, extend the services provided under subparagraph (A) to former foster youth not more than 25 years of age, and for a total of 36 months, whether or not consecutive, if the former foster youth, in addition to the requirements specified in subparagraph (A), meets either of the following criteria:
(i)The former foster youth is completing secondary education or a program leading to an equivalent credential.
(ii)The former foster youth is enrolled in an institution that provides postsecondary education.
(b)Payment on behalf of an eligible person receiving transitional housing services pursuant to paragraph (1) of subdivision (a) shall be made to the transitional housing placement provider pursuant to the conditions and limitations set forth in Section 11403.3. Notwithstanding Section 11403.3, the department, in consultation with concerned stakeholders, including, but not limited to, representatives of the Legislature, the County Welfare Directors Association of California, the Chief Probation Officers of California, the Judicial Council, representatives of Indian tribes, the California Youth Connection, former foster youth, child advocacy organizations, labor organizations, juvenile justice advocacy organizations, foster caregiver organizations, researchers, and transitional housing placement providers, shall convene a workgroup to establish a new rate structure for the Title IV-E funded THP-Plus Foster Care placement option for nonminor dependents. The workgroup shall also consider application of this new rate structure to the Transitional Housing Program-Plus, as described in paragraph (2) of subdivision (a) of Section 11403.3. In developing the new rate structure pursuant to this subdivision, the department shall consider the average rates in effect and being paid by counties to current transitional housing placement providers.
(c)The Legislature finds and declares that this subdivision was added in 2015 to clearly codify the requirement of existing law regarding the payment made on behalf of an eligible person receiving transitional housing services. The workgroup described in subdivision (b) recommended, and the department subsequently implemented, an annual adjustment to the payment made on behalf of an eligible person receiving transitional housing services. This annual adjustment has been, and shall continue to be, equal to the California Necessities Index applicable to each fiscal year. The Legislature hereby codifies that its intent remains in making this annual adjustment to support the care and supervision, including needed services and supports, for nonminor dependents who are receiving transitional housing services through the THP-Plus Foster Care Program.
SEC. 49.SEC. 54.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 childs personal incidentals, liability insurance with respect to a child, reasonable travel to the childs 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 Social Security Act.
(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 both of the following:
(A)Submitted a rate application to the department and received a determination of the level of financial participation in the rate paid.
(i)The level of financial participation shall not exceed the current fiscal years standard rate for rate classification level 14 for a group home; or, commencing January 1, 2017, for a short-term residential treatment center.
(ii)The level of financial participation shall not exceed the rate determined by the ratesetting authority of the state in which the facility is located.
(B)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 countys expense.
(f)Nothing shall preclude a county from providing a supplemental rate to serve commercially sexually exploited foster children to provide for the additional care and supervision needs of these children. To the extent that federal financial participation is available, it is the intent of the Legislature that the federal funding shall be utilized.
SEC. 50.SEC. 55.Section 11461.2 of the Welfare and Institutions Code is amended to read:11461.2.(a)It is the intent of the Legislature to ensure quality care for children who are placed in the continuum of AFDC-FC eligible placement settings.
(b)The State Department of Social Services shall establish, in consultation with county welfare departments and other stakeholders, as appropriate, a working group to develop recommended revisions to the current ratesetting system, services, and programs serving children and families in the continuum of AFDC-FC eligible placement settings including, at a minimum, all programs provided by foster family agencies and group homes including those providing residentially-based services, as defined in paragraph (1) of subdivision (a) of Section 18987.71.
(c)In developing the recommended revisions identified in subdivision (b), the working group shall consider all of the following:
(1)How ratesetting systems for foster care providers, including, at least, foster family agencies and group homes, can better support a continuum of programs and services that promote positive outcomes for children and families. This may include a process for matching the childs strengths and needs to the appropriate placement setting.
(2)How the provision of an integrated, comprehensive set of services including mental health and other critical services for children and youth support the achievement of well-being, permanency, and safety outcomes.
(3)How to ensure the provision of services in family-like settings including after care services, when appropriate.
(4)How to provide outcome-based evaluations of foster care providers or other methods of measuring quality improvement including measures of youth and families satisfaction with services provided and program effectiveness.
(5)How changes in the licensing, ratesetting, and auditing processes can improve the quality of foster care providers, the quality of services and programs provided, and enhance the oversight of care provided to children, including, but not limited to, accreditation, administrator qualifications, and the reassignment of these responsibilities within the department.
(d)In addition to the considerations in subdivision (c), the workgroup recommendations shall be based on the review and evaluation of the current ratesetting systems, actual cost data, and information from the provider community as well as research on other applicable ratesetting methodologies, evidenced-based practices, information developed as a result of pilots approved by the director, and any other relevant information.
(e)(1)The workgroup shall develop the content, format, and data sources for reports to be posted by the department on a public Internet Web site describing the outcomes achieved by providers with foster care rates set by the department.
(2)Commencing January 1, 2017, and at least annually after that date, the department shall publish and make available on a public Internet Web site, short-term residential treatment center and foster family agency provider performance indicators.
(f)(1)Recommendations developed pursuant to this section shall include the plan required under subdivision (d) of Section 18987.7. Updates regarding the workgroups establishment and its progress toward meeting the requirements of this section shall be provided to the Legislature during 201213 and 201314 budget hearings. The revisions recommended pursuant to the requirements of subdivision (b) shall be submitted in a report to the appropriate policy and fiscal committees of the Legislature by October 1, 2014.
(2)The requirement for submitting a report pursuant to this subdivision is inoperative on October 1, 2018, pursuant to Section 10231.5 of the Government Code.
(g)The department shall retain the authority to extend the workgroup after October 1, 2014, to ensure that the objectives of this section are met and to reconvene this workgroup as necessary to address any future recommended changes to the continuum of AFDC-FC eligible placement settings pursuant to this section.
SEC. 51.SEC. 56.Section 11462 of the Welfare and Institutions Code is amended to read:11462.(a)(1)Effective July 1, 1990, foster care providers licensed as group homes, as defined in departmental regulations, including public child care institutions, as defined in Section 11402.5, shall have rates established by classifying each group home program and applying the standardized schedule of rates. The department shall collect information from group providers beginning January 1, 1990, in order to classify each group home program.
(2)Notwithstanding paragraph (1), foster care providers licensed as group homes shall have rates established only if the group home is organized and operated on a nonprofit basis as required under subdivision (h) of Section 11400. The department shall terminate the rate effective January 1, 1993, of any group home not organized and operated on a nonprofit basis as required under subdivision (h) of Section 11400.
(3)(A)The department shall determine, consistent with the requirements of this chapter and other relevant requirements under law, the rate classification level (RCL) for each group home program on a biennial basis. Submission of the biennial rate application shall be made according to a schedule determined by the department.
(B)The department shall adopt regulations to implement this paragraph. The adoption, amendment, repeal, or readoption of a regulation authorized by this paragraph is deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement to describe specific facts showing the need for immediate action.
(b)A group home program shall be initially classified, for purposes of emergency regulations, according to the level of care and services to be provided using a point system developed by the department and described in the report, The Classification of Group Home Programs under the Standardized Schedule of Rates System, prepared by the State Department of Social Services, August 30, 1989.
(c)The rate for each RCL has been determined by the department with data from the AFDC-FC Group Home Rate Classification Pilot Study. The rates effective July 1, 1990, were developed using 1985 calendar year costs and reflect adjustments to the costs for each fiscal year, starting with the 198687 fiscal year, by the amount of the California Necessities Index computed pursuant to the methodology described in Section 11453. The data obtained by the department using 1985 calendar year costs shall be updated and revised by January 1, 1993.
(d)As used in this section, standardized schedule of rates means a listing of the 14 rate classification levels, and the single rate established for each RCL.
(e)Except as specified in paragraph (1), the department shall determine the RCL for each group home program on a prospective basis, according to the level of care and services that the group home operator projects will be provided during the period of time for which the rate is being established.
(1)(A)(i)For new and existing providers requesting the establishment of an RCL, and for existing group home programs requesting an RCL increase, the department shall determine the RCL no later than 13 months after the effective date of the provisional rate. The determination of the RCL shall be based on a program audit of documentation and other information that verifies the level of care and supervision provided by the group home program during a period of the two full calendar months or 60 consecutive days, whichever is longer, preceding the date of the program audit, unless the group home program requests a lower RCL. The program audit shall not cover the first six months of operation under the provisional rate.
(ii)For audit purposes, if the group home program serves a mixture of AFDC-FC eligible and ineligible children, the weighted hours for child care and social work services provided and the capacity of the group home shall be adjusted by the ratio of AFDC-FC eligible children to all children in placement.
(iii)Pending the departments issuance of the program audit report that determines the RCL for the group home program, the group home program shall be eligible to receive a provisional rate that shall be based on the level of care and service that the group home program proposes it will provide. The group home program shall be eligible to receive only the RCL determined by the department during the pendency of any appeal of the departments RCL determination.
(B)A group home program may apply for an increase in its RCL no earlier than two years from the date the department has determined the group home programs rate, unless the host county, the primary placing county, or a regional consortium of counties submits to the department in writing that the program is needed in that county, that the provider is capable of effectively and efficiently operating the proposed program, and that the provider is willing and able to accept AFDC-FC children for placement who are determined by the placing agency to need the level of care and services that will be provided by the program.
(C)To ensure efficient administration of the departments audit responsibilities, and to avoid the fraudulent creation of records, group home programs shall make records that are relevant to the RCL determination available to the department in a timely manner. Except as provided in this section, the department may refuse to consider, for purposes of determining the rate, any documents that are relevant to the determination of the RCL that are not made available by the group home provider by the date the group home provider requests a hearing on the departments RCL determination. The department may refuse to consider, for purposes of determining the rate, the following records, unless the group home provider makes the records available to the department during the fieldwork portion of the departments program audit:
(i)Records of each employees full name, home address, occupation, and social security number.
(ii)Time records showing when the employee begins and ends each work period, meal periods, split shift intervals, and total daily hours worked.
(iii)Total wages paid each payroll period.
(iv)Records required to be maintained by licensed group home providers under Title 22 of the California Code of Regulations that are relevant to the RCL determination.
(D)To minimize financial abuse in the startup of group home programs, when the departments RCL determination is more than three levels lower than the RCL level proposed by the group home provider, and the group home provider does not appeal the departments RCL determination, the department shall terminate the rate of a group home program 45 days after issuance of its program audit report. When the group home provider requests a hearing on the departments RCL determination, and the RCL determined by the director under subparagraph (E) is more than three levels lower than the RCL level proposed by the group home provider, the department shall terminate the rate of a group home program within 30 days of issuance of the directors decision. Notwithstanding the reapplication provisions in subparagraph (B), the department shall deny any request for a new or increased RCL from a group home provider whose RCL is terminated pursuant to this subparagraph, for a period of no greater than two years from the effective date of the RCL termination.
(E)A group home provider may request a hearing of the departments RCL determination under subparagraph (A) no later than 30 days after the date the department issues its RCL determination. The departments RCL determination shall be final if the group home provider does not request a hearing within the prescribed time. Within 60 days of receipt of the request for hearing, the department shall conduct a hearing on the RCL determination. The standard of proof shall be the preponderance of the evidence and the burden of proof shall be on the department. The hearing officer shall issue the proposed decision within 45 days of the close of the evidentiary record. The director shall adopt, reject, or modify the proposed decision, or refer the matter back to the hearing officer for additional evidence or findings within 100 days of issuance of the proposed decision. If the director takes no action on the proposed decision within the prescribed time, the proposed decision shall take effect by operation of law.
(2)Group home programs that fail to maintain at least the level of care and services associated with the RCL upon which their rate was established shall inform the department. The department shall develop regulations specifying procedures to be applied when a group home fails to maintain the level of services projected, including, but not limited to, rate reduction and recovery of overpayments.
(3)The department shall not reduce the rate, establish an overpayment, or take other actions pursuant to paragraph (2) for any period that a group home program maintains the level of care and services associated with the RCL for children actually residing in the facility. Determinations of levels of care and services shall be made in the same way as modifications of overpayments are made pursuant to paragraph (2) of subdivision (b) of Section 11466.2.
(4)A group home program that substantially changes its staffing pattern from that reported in the group home program statement shall provide notification of this change to all counties that have placed children currently in care. This notification shall be provided whether or not the RCL for the program may change as a result of the change in staffing pattern.
(f)(1)The standardized schedule of rates for the 200203, 200304, 200405, 200506, 200607, and 200708 fiscal years is:
FY 200203, 200304, 200405, 200506, 200607, and 200708 | ||
Rate Classification Level | Point ranges | Standard Rate |
1 | Under 60 | $1,454 |
2 | 6089 | 1,835 |
3 | 90119 | 2,210 |
4 | 120149 | 2,589 |
5 | 150179 | 2,966 |
6 | 180209 | 3,344 |
7 | 210239 | 3,723 |
8 | 240269 | 4,102 |
9 | 270299 | 4,479 |
10 | 300329 | 4,858 |
11 | 330359 | 5,234 |
12 | 360389 | 5,613 |
13 | 390419 | 5,994 |
14 | 420 & Up | 6,371 |
(2)(A)For group home programs that receive AFDC-FC payments for services performed during the 200203, 200304, 200405, 200506, 200607, 200708, 200809, and 200910 fiscal years, the adjusted RCL point ranges below shall be used for establishing the biennial rates for existing programs, pursuant to paragraph (3) of subdivision (a) and in performing program audits and in determining any resulting rate reduction, overpayment assessment, or other actions pursuant to paragraph (2) of subdivision (e):
Adjusted Point Ranges for the 200203, 200304, | |
Rate Classification Level | 200405, 200506, 200607, 200708, 200809, and 200910 Fiscal Years |
1 | Under 54 |
2 | 5481 |
3 | 82110 |
4 | 111138 |
5 | 139167 |
6 | 168195 |
7 | 196224 |
8 | 225253 |
9 | 254281 |
10 | 282310 |
11 | 311338 |
12 | 339367 |
13 | 368395 |
14 | 396 & Up |
(B)Notwithstanding subparagraph (A), foster care providers operating group homes during the 200203, 200304, 200405, 200506, 200607, 200708, 200809, and 200910 fiscal years shall remain responsible for ensuring the health and safety of the children placed in their programs in accordance with existing applicable provisions of the Health and Safety Code and community care licensing regulations, as contained in Title 22 of the California Code of Regulations.
(C)Subparagraph (A) shall not apply to program audits of group home programs with provisional rates established pursuant to paragraph (1) of subdivision (e). For those program audits, the RCL point ranges in paragraph (1) shall be used.
(D)Rates applicable for the 200910 fiscal year pursuant to the act that adds this subparagraph shall be effective October 1, 2009.
(3)(A)For group home programs that receive AFDC-FC payments for services performed during the 200910 fiscal year the adjusted RCL point ranges below shall be used for establishing the biennial rates for existing programs, pursuant to paragraph (3) of subdivision (a) and in performing program audits and in determining any resulting rate reduction, overpayment assessment, or other actions pursuant to paragraph (2) of subdivision (e):
Rate | Adjusted Point Ranges |
|---|---|
Classification | for the 200910 |
Level | Fiscal Years |
1 | Under 39 |
2 | 3964 |
3 | 6590 |
4 | 91115 |
5 | 116141 |
6 | 142167 |
7 | 168192 |
8 | 193218 |
9 | 219244 |
10 | 245270 |
11 | 271295 |
12 | 296321 |
13 | 322347 |
14 | 348 & Up |
(B)Notwithstanding subparagraph (A), foster care providers operating group homes during the 200910 fiscal year shall remain responsible for ensuring the health and safety of the children placed in their programs in accordance with existing applicable provisions of the Health and Safety Code and community care licensing regulations as contained in Title 22 of the California Code of Regulations.
(C)Subparagraph (A) shall not apply to program audits of group home programs with provisional rates established pursuant to paragraph (1) of subdivision (e). For those program audits, the RCL point ranges in paragraph (1) shall be used.
(g)(1)(A)For the 19992000 fiscal year, the standardized rate for each RCL shall be adjusted by an amount equal to the California Necessities Index computed pursuant to the methodology described in Section 11453. The resultant amounts shall constitute the new standardized schedule of rates, subject to further adjustment pursuant to subparagraph (B).
(B)In addition to the adjustment in subparagraph (A), commencing January 1, 2000, the standardized rate for each RCL shall be increased by 2.36 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new standardized schedule of rates.
(2)Beginning with the 200001 fiscal year, the standardized schedule of rates shall be adjusted annually by an amount equal to the CNI computed pursuant to Section 11453, subject to the availability of funds. The resultant amounts shall constitute the new standardized schedule of rates.
(3)Effective January 1, 2001, the amount included in the standard rate for each Rate Classification Level (RCL) for the salaries, wages, and benefits for staff providing child care and supervision or performing social work activities, or both, shall be increased by 10 percent. This additional funding shall be used by group home programs solely to supplement staffing, salaries, wages, and benefit levels of staff specified in this paragraph. The standard rate for each RCL shall be recomputed using this adjusted amount and the resultant rates shall constitute the new standardized schedule of rates. The department may require a group home receiving this additional funding to certify that the funding was utilized in accordance with the provisions of this section.
(4)Effective January 1, 2008, the amount included in the standard rate for each RCL for the wages for staff providing child care and supervision or performing social work activities, or both, shall be increased by 5 percent, and the amount included for the payroll taxes and other employer-paid benefits for these staff shall be increased from 20.325 percent to 24 percent. The standard rate for each RCL shall be recomputed using these adjusted amounts, and the resulting rates shall constitute the new standardized schedule of rates.
(5)The new standardized schedule of rates as provided for in paragraph (4) shall be reduced by 10 percent, effective October 1, 2009, and the resulting rates shall constitute the new standardized schedule of rates.
(6)The rates of licensed group home providers, whose rates are not established under the standardized schedule of rates, shall be reduced by 10 percent, effective October 1, 2009.
(h)The standardized schedule of rates pursuant to subdivisions (f) and (g) shall be implemented as follows:
(1)Any group home program that received an AFDC-FC rate in the prior fiscal year at or above the standard rate for the RCL in the current fiscal year shall continue to receive that rate.
(2)Any group home program that received an AFDC-FC rate in the prior fiscal year below the standard rate for the RCL in the current fiscal year shall receive the RCL rate for the current year.
(i)(1)The department shall not establish a rate for a new program of a new or existing provider, or for an existing program at a new location of an existing provider, unless the provider submits a letter of recommendation from the host county, the primary placing county, or a regional consortium of counties that includes all of the following:
(A)That the program is needed by that county.
(B)That the provider is capable of effectively and efficiently operating the program.
(C)That the provider is willing and able to accept AFDC-FC children for placement who are determined by the placing agency to need the level of care and services that will be provided by the program.
(D)That, if the letter of recommendation is not being issued by the host county, the primary placing county has notified the host county of its intention to issue the letter and the host county was given the opportunity of 30 days to respond to this notification and to discuss options with the primary placing county.
(2)The department shall encourage the establishment of consortia of county placing agencies on a regional basis for the purpose of making decisions and recommendations about the need for, and use of, group home programs and other foster care providers within the regions.
(3)The department shall annually conduct a county-by-county survey to determine the unmet placement needs of children placed pursuant to Section 300 and Section 601 or 602, and shall publish its findings by November 1 of each year.
(j)The department shall develop regulations specifying ratesetting procedures for program expansions, reductions, or modifications, including increases or decreases in licensed capacity, or increases or decreases in level of care or services.
(k)For the purpose of this subdivision, program change means any alteration to an existing group home program planned by a provider that will increase the RCL or AFDC-FC rate. An increase in the licensed capacity or other alteration to an existing group home program that does not increase the RCL or AFDC-FC rate shall not constitute a program change.
(l)General unrestricted or undesignated private charitable donations and contributions made to charitable or nonprofit organizations shall not be deducted from the cost of providing services pursuant to this section. The donations and contributions shall not be considered in any determination of maximum expenditures made by the department.
(m)(1)This section shall become inoperative on January 1, 2017, except that this section shall continue to apply, until January 1, 2018, to a group home that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11462.04.
(2)This section is repealed as of January 1, 2018, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
(m)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 52.SEC. 57.Section 11462 is added to the Welfare and Institutions Code, to read:11462.(a)The department shall commence development of a new payment structure for short-term residential treatment center program placements claiming Title IV-E funding.
(b)The department shall develop a rate system that includes consideration of all of the following factors:
(1)Core services provided that encompass community service and supports, permanency-related services, medical and mental health support and access to services, educational support, life and social support, transitional support services upon discharge, biological parent and resource family supports, and services for nonminor dependents.
(2)Staff training.
(3)Health and Safety Code requirements.
(4)Accreditation that includes:
(A)Provision for all licensed foster family agencies to maintain in good standing accreditation from a nationally recognized accreditation agency with expertise in programs for youth group care facilities, as determined by the department.
(B)Promulgation by the department of information identifying that agency or agencies from which accreditation shall be required.
(C)Provision for timely reporting to the department of any change in accreditation status.
(5)Mental health certification, including a requirement to timely report to the department any change in mental health certificate status.
(6)Maximization of federal financial participation under Title IV-E and Title XIX of the Social Security Act.
(c)The department shall develop a system of governmental monitoring and oversight that shall be carried out in coordination with the State Department of Health Care Services. Oversight responsibilities shall include, but not be limited to, ensuring conformity with federal and state law, including program, fiscal, and health and safety audits and reviews.
(d)This section shall become operative on January 1, 2017.
SEC. 58.Section 11462.001 is added to the Welfare and Institutions Code, immediately following Section 11462, to read:11462.001.(a)(1)Foster care providers licensed as group homes, as defined in departmental regulations, including public child care institutions, as defined in Section 11402.5, shall have rates established by classifying each group home program and applying the standardized schedule of rates. The department shall collect information from group providers in order to classify each group home program.
(2)Notwithstanding paragraph (1), foster care providers licensed as group homes shall have rates established only if the group home is organized and operated on a nonprofit basis as required under subdivision (h) of Section 11400. The department shall terminate the rate of any group home not organized and operated on a nonprofit basis as required under subdivision (h) of Section 11400.
(3)(A)The department shall determine, consistent with the requirements of this chapter and other relevant requirements under law, the rate classification level (RCL) for each group home program on a biennial basis. Submission of the biennial rate application shall be made according to a schedule determined by the department.
(B)The department shall adopt regulations to implement this paragraph. The adoption, amendment, repeal, or readoption of a regulation authorized by this paragraph is deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement to describe specific facts showing the need for immediate action.
(b)A group home program shall be initially classified, for purposes of emergency regulations, according to the level of care and services to be provided using a point system developed by the department and described in the report, The Classification of Group Home Programs under the Standardized Schedule of Rates System, prepared by the State Department of Social Services, August 30, 1989.
(c)The rate for each RCL has been determined by the department with data from the AFDC-FC Group Home Rate Classification Pilot Study.
(d)As used in this section, standardized schedule of rates means a listing of the 14 rate classification levels, and the single rate established for each RCL.
(e)Except as specified in paragraph (1), the department shall determine the RCL for each group home program on a prospective basis, according to the level of care and services that the group home operator projects will be provided during the period of time for which the rate is being established.
(1)(A)(i)For new and existing providers requesting the establishment of an RCL, and for existing group home programs requesting an RCL increase, the department shall determine the RCL no later than 13 months after the effective date of the provisional rate. The determination of the RCL shall be based on a program audit of documentation and other information that verifies the level of care and supervision provided by the group home program during a period of the two full calendar months or 60 consecutive days, whichever is longer, preceding the date of the program audit, unless the group home program requests a lower RCL. The program audit shall not cover the first six months of operation under the provisional rate.
(ii)For audit purposes, if the group home program serves a mixture of AFDC-FC eligible and ineligible children, the weighted hours for child care and social work services provided and the capacity of the group home shall be adjusted by the ratio of AFDC-FC eligible children to all children in placement.
(iii)Pending the departments issuance of the program audit report that determines the RCL for the group home program, the group home program shall be eligible to receive a provisional rate that shall be based on the level of care and service that the group home program proposes it will provide. The group home program shall be eligible to receive only the RCL determined by the department during the pendency of any appeal of the departments RCL determination.
(B)A group home program may apply for an increase in its RCL no earlier than two years from the date the department has determined the group home programs rate, unless the host county, the primary placing county, or a regional consortium of counties submits to the department in writing that the program is needed in that county, that the provider is capable of effectively and efficiently operating the proposed program, and that the provider is willing and able to accept AFDC-FC children for placement who are determined by the placing agency to need the level of care and services that will be provided by the program.
(C)To ensure efficient administration of the departments audit responsibilities, and to avoid the fraudulent creation of records, group home programs shall make records that are relevant to the RCL determination available to the department in a timely manner. Except as provided in this section, the department may refuse to consider, for purposes of determining the rate, any documents that are relevant to the determination of the RCL that are not made available by the group home provider by the date the group home provider requests a hearing on the departments RCL determination. The department may refuse to consider, for purposes of determining the rate, the following records, unless the group home provider makes the records available to the department during the fieldwork portion of the departments program audit:
(i)Records of each employees full name, home address, occupation, and social security number.
(ii)Time records showing when the employee begins and ends each work period, meal periods, split shift intervals, and total daily hours worked.
(iii)Total wages paid each payroll period.
(iv)Records required to be maintained by licensed group home providers under Title 22 of the California Code of Regulations that are relevant to the RCL determination.
(D)To minimize financial abuse in the startup of group home programs, when the departments RCL determination is more than three levels lower than the RCL level proposed by the group home provider, and the group home provider does not appeal the departments RCL determination, the department shall terminate the rate of a group home program 45 days after issuance of its program audit report. When the group home provider requests a hearing on the departments RCL determination, and the RCL determined by the director under subparagraph (E) is more than three levels lower than the RCL level proposed by the group home provider, the department shall terminate the rate of a group home program within 30 days of issuance of the directors decision. Notwithstanding the reapplication provisions in subparagraph (B), the department shall deny any request for a new or increased RCL from a group home provider whose RCL is terminated pursuant to this subparagraph, for a period of no greater than two years from the effective date of the RCL termination.
(E)A group home provider may request a hearing of the departments RCL determination under subparagraph (A) no later than 30 days after the date the department issues its RCL determination. The departments RCL determination shall be final if the group home provider does not request a hearing within the prescribed time. Within 60 days of receipt of the request for hearing, the department shall conduct a hearing on the RCL determination. The standard of proof shall be the preponderance of the evidence and the burden of proof shall be on the department. The hearing officer shall issue the proposed decision within 45 days of the close of the evidentiary record. The director shall adopt, reject, or modify the proposed decision, or refer the matter back to the hearing officer for additional evidence or findings within 100 days of issuance of the proposed decision. If the director takes no action on the proposed decision within the prescribed time, the proposed decision shall take effect by operation of law.
(2)Group home programs that fail to maintain at least the level of care and services associated with the RCL upon which their rate was established shall inform the department. The department shall develop regulations specifying procedures to be applied when a group home fails to maintain the level of services projected, including, but not limited to, rate reduction and recovery of overpayments.
(3)The department shall not reduce the rate, establish an overpayment, or take other actions pursuant to paragraph (2) for any period that a group home program maintains the level of care and services associated with the RCL for children actually residing in the facility. Determinations of levels of care and services shall be made in the same way as modifications of overpayments are made pursuant to paragraph (2) of subdivision (b) of Section 11466.2.
(4)A group home program that substantially changes its staffing pattern from that reported in the group home program statement shall provide notification of this change to all counties that have placed children currently in care. This notification shall be provided whether or not the RCL for the program may change as a result of the change in staffing pattern.
(f)The standardized schedule of rates pursuant to subdivisions (f) and (g) of Section 11462, as that section read on January 1, 2015, shall be implemented as follows:
(1)Any group home program that received an AFDC-FC rate in the prior fiscal year at or above the standard rate for the RCL in the current fiscal year shall continue to receive that rate.
(2)Any group home program that received an AFDC-FC rate in the prior fiscal year below the standard rate for the RCL in the current fiscal year shall receive the RCL rate for the current year.
(g)(1)The department shall not establish a rate for a new program of a new or existing provider, or for an existing program at a new location of an existing provider, unless the provider submits a letter of recommendation from the host county, the primary placing county, or a regional consortium of counties that includes all of the following:
(A)That the program is needed by that county.
(B)That the provider is capable of effectively and efficiently operating the program.
(C)That the provider is willing and able to accept AFDC-FC children for placement who are determined by the placing agency to need the level of care and services that will be provided by the program.
(D)That, if the letter of recommendation is not being issued by the host county, the primary placing county has notified the host county of its intention to issue the letter and the host county was given the opportunity of 30 days to respond to this notification and to discuss options with the primary placing county.
(2)The department shall encourage the establishment of consortia of county placing agencies on a regional basis for the purpose of making decisions and recommendations about the need for, and use of, group home programs and other foster care providers within the regions.
(3)The department shall annually conduct a county-by-county survey to determine the unmet placement needs of children placed pursuant to Section 300 and Section 601 or 602, and shall publish its findings by November 1 of each year.
(h)The department shall develop regulations specifying ratesetting procedures for program expansions, reductions, or modifications, including increases or decreases in licensed capacity, or increases or decreases in level of care or services.
(i)For the purpose of this subdivision, program change means any alteration to an existing group home program planned by a provider that will increase the RCL or AFDC-FC rate. An increase in the licensed capacity or other alteration to an existing group home program that does not increase the RCL or AFDC-FC rate shall not constitute a program change.
(j)General unrestricted or undesignated private charitable donations and contributions made to charitable or nonprofit organizations shall not be deducted from the cost of providing services pursuant to this section. The donations and contributions shall not be considered in any determination of maximum expenditures made by the department.
(k)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.
(l)This section shall become operative on January 1, 2017.
(m)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 53.SEC. 59.Section 11462.01 of the Welfare and Institutions Code is amended to read:11462.01.(a)Commencing July 1, 1994, a group home program shall be classified at RCL 13 or RCL 14 if the program meets all of the following requirements:
(1)The group home program is providing, or has proposed to provide, the level of care and services necessary to generate sufficient points in the ratesetting process to be classified at RCL 13 if the rate application is for RCL 13 or to be classified at RCL 14 if the rate application is for RCL 14.
(2)(A)(i)The group home provider shall agree not to accept for placement into a group home program AFDC-FC funded children, including voluntary placements and seriously emotionally disturbed children placed out-of-home pursuant to an individualized education program developed under Section 7572.5 of the Government Code, who have not been approved for placement by an interagency placement committee, as described by Section 4096. The approval shall be in writing and shall indicate that the interagency placement committee has determined the child is seriously emotionally disturbed, as defined by Section 5600.3 and subject to Section 1502.4 of the Health and Safety Code, and that the child needs the level of care provided by the group home.
(ii)For purposes of clause (i), group home providers who accept seriously emotionally disturbed children who are assessed and placed out-of-home pursuant to an individualized education program developed under Section 7572.5 of the Government Code shall be deemed to have met the interagency placement committee approval for placement requirements of clause (i) if the individualized education program assessment indicates that the child has been determined to be seriously emotionally disturbed, as defined in Section 5600.3 and subject to Section 1502.4 of the Health and Safety Code, and needs the level of care described in clause (i).
(B)(i)Nothing in this subdivision shall prevent the emergency placement of a child into a group home program prior to the determination by the interagency placement committee pursuant to subclause (i) of subparagraph (A) if a licensed mental health professional, as defined in the departments AFDC-FC ratesetting regulations, has evaluated, in writing, the child within 72 hours of placement, and determined the child to be seriously emotionally disturbed and in need of the care and services provided by the group home program.
(ii)The interagency placement committee shall, within 30 days of placement pursuant to clause (i), make the determination required by clause (i) of subparagraph (A).
(iii)If, pursuant to clause (ii), the placement is determined to be appropriate, the committee shall transmit the approval, in writing, to the county placing agency and the group home provider.
(iv)If, pursuant to clause (ii) the placement is determined not to be appropriate, the child shall be removed from the group home and referred to a more appropriate placement, as specified in subdivision (f).
(C)Commencing December 15, 1992, with respect to AFDC-FC funded children, only those children who are approved for placement by an interagency placement committee may be accepted by a group home under this subdivision.
(3)The group home program is certified by the State Department of Health Care Services pursuant to Section 4096.5.
(b)The department shall not establish a rate for a group home requesting a program change to RCL 13 or RCL 14 unless the group home provider submits a recommendation from the host county or the primary placing county that the program is needed and that the provider is willing and capable of operating the program at the level sought. For purposes of this subdivision, host county, primary placing county, and program change mean the same as defined in the departments AFDC-FC ratesetting regulations.
(c)The effective date of rates set at RCL 13 or RCL 14 shall be the date that all the requirements are met, but not prior to July 1 of that fiscal year. Nothing in this section shall affect RCL 13 or RCL 14 ratesetting determinations in prior years.
(d)Any group home program that has been classified at RCL 13 or RCL 14 pursuant to the requirements of subdivision (a) shall be reclassified at the appropriate lower RCL with a commensurate reduction in rate if either of the following occurs:
(1)The group home program fails to maintain the level of care and services necessary to generate the necessary number of points for RCL 13 or RCL 14, as required by paragraph (1) of subdivision (a). The determination of points shall be made consistent with the departments AFDC-FC ratesetting regulations for other rate classification levels.
(2)The group home program fails to maintain a certified mental health treatment program as required by paragraph (3) of subdivision (a).
(3)In the event of a determination under paragraph (1), the group home may appeal the finding or submit a corrective action plan. The appeal process specified in Section 11466.6 shall be available to RCL 13 and RCL 14 group home providers. During any appeal, the group home shall maintain the appropriate level of care.
(e)The interagency placement committee shall periodically review, but no less often than that required by current law, the placement of the child. If the committee determines that the child no longer needs, or is not benefiting from, placement in a RCL 13 or RCL 14 group home, the committee shall require the removal of the child and a new disposition.
(f)(1)(A)If, at any time subsequent to placement in an RCL 13 or RCL 14 group home program, the interagency placement committee determines either that the child is not seriously emotionally disturbed or is not in need of the care and services provided by the group home program, it shall notify, in writing, both the county placing agency and the group home provider within 10 days of the determination.
(B)The county placing agency shall notify the group home provider, in writing, within five days from the date of the notice from the committee, of the countys plan for removal of the child.
(C)The county placing agency shall remove the child from the group home program within 30 days from the date of the notice from the interagency placement committee.
(2)(A)If a county placing agency does not remove a child within 30 days from the date of the notice from the interagency placement committee, the group home provider shall notify the interagency placement committee and the department, in writing, of the countys failure to remove the child from the group home program.
(B)The group home provider shall make the notification required by subparagraph (A) within five days of the expiration of the 30-day removal period. If notification is made, a group home provider shall not be subject to an overpayment determination due to failure of the county placing agency to remove the child.
(3)Any county placing agency that fails to remove a child from a group home program under this paragraph within 30 days from the date of the notice from the interagency placement committee shall be assessed a penalty in the amount of the state and federal financial participation in the AFDC-FC rate paid on behalf of the child commencing on the 31st day and continuing until the child is removed.
(g)(1)If any RCL 13 or RCL 14 group home provider discovers that it does not have written approval for placement of any AFDC-FC funded child placed on or after December 15, 1992, from the interagency placement committee, it shall notify the county placing agency, in writing, and shall request the county to obtain approval from the interagency placement committee or remove the child from the group home program. A group home provider shall have 30 days from the childs first day of placement to discover the placement error and to notify the county placing agency.
(2)Any county placing agency that receives notification pursuant to paragraph (2) of subdivision (f) shall obtain approval for placement from the interagency placement committee or remove the child from the group home program within 30 days from the date of the notice from the group home provider. The program shall not be reclassified to a lower RCL for a violation of the provisions referred to in this paragraph.
(3)(A)If a county placing agency does not have the placement of a child approved by the interagency placement committee or removed from the group home within 30 days from the date of the notice from the group home provider, the group home provider shall notify the county placing agency and the department, in writing, of the countys failure to have the placement of the child approved or remove the child from the group home program.
(B)The group home provider shall make the notification required by subparagraph (A) within five days after the expiration of the 30-day approval or removal period. If notification is made, a group home provider shall not be subject to an overpayment determination due to failure of the county placing agency to remove the child.
(C)Any group home provider that fails to notify the county placing agency pursuant to subparagraph (A) shall be assessed a penalty in the amount of the AFDC-FC rate paid to the group home provider on behalf of the child commencing on the 31st day of placement and continuing until the county placing agency is notified.
(4)Any county placing agency that fails to have the placement of a child approved or to have the child removed from the group home program within 30 days shall be assessed a penalty in the amount of the state and federal financial participation in the AFDC-FC rate paid on behalf of the child commencing on the 31st day of placement and continuing until the child is removed.
(h)The department shall develop regulations to obtain payment of assessed penalties as provided in this section. For audit purposes and the application of penalties for RCL 13 and RCL 14 programs, the department shall apply statutory provisions that were in effect during the period for which the audit was conducted.
(i)(1)Nothing in this subparagraph shall prohibit a group home classified at RCL 13 or RCL 14 for purposes of the AFDC-FC program, from accepting private placements of children.
(2)When a referral is not from a public agency and no public funding is involved, there shall be no requirement for public agency review or determination of need.
(3)Children subject to paragraphs (1) and (2) shall have been assessed as seriously emotionally disturbed, as defined in Section 5600.3 and subject to Section 1502.4 of the Health and Safety Code, by a licensed mental health professional, as defined in Sections 629 to 633, inclusive, of Title 9 of the California Code of Regulations.
(j)A child shall not be placed in a group home program classified at an RCL 13 or RCL 14 if the placement is paid for with county-only funds unless the child is assessed as seriously emotionally disturbed, as defined in Section 5600.3, subject to Section 1502.4 of the Health and Safety Code, by a licensed mental health professional, as defined in Sections 629 to 633, inclusive, of Title 9 of the California Code of Regulations.
(k)(1)This section shall become inoperative on January 1, 2017, except that this section shall continue to apply, until January 1, 2018, to a group home that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11462.04.
(2)This section is repealed as of January 1, 2018, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
(k)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 54.SEC. 60.Section 11462.01 is added to the Welfare and Institutions Code, to read:11462.01.(a)All short-term residential treatment centers, and foster family agencies that provide treatment services, shall maintain in good standing the appropriate mental health certification issued by the State Department of Health Care Services or a county to which the department has delegated certification authority pursuant to Section 4096.5, and additionally shall meet all of the following requirements:
(1)Maintain the level of care and services necessary to meet the needs of the children and youth in care.
(2)Agree not to accept for placement AFDC-FC funded children, children and youth, including voluntary placements and seriously emotionally disturbed children who are placed out-of-home pursuant to an individualized education program developed under Section 7572.5 pursuant to Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1 of the Government Code, who have not been approved in writing for placement by the child and family team or the interagency placement committee, as described in Section 4096.
(A)The written approval shall indicate both of the following:
(i)The child or youth is seriously emotionally disturbed, as defined by Section 5600.3 and subject to Section 1502.4 of the Health and Safety Code.
(ii)The child needs the level of care provided by the short-term residential treatment center or foster family agency that provides treatment services.
(ii)The child or youth has been determined by a child and family team to need the level of services provided to maintain the safety of the child or youth, or others.
(B)Seriously emotionally disturbed children and youth who are assessed and placed out-of-home pursuant to an individualized education program developed under pursuant to Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1 of the Government Code shall be deemed to have met the placement requirements of clause (i) of subparagraph (A) only if the individualized education program assessment indicates that the child or youth has been determined to be seriously emotionally disturbed, as defined in Section 5600.3 and subject to Section 1502.4 of the Health and Safety Code, and needs the level of care described in subparagraph (A).
(C)Nothing in this subdivision shall prevent an emergency placement of a child or youth into a short-term residential treatment center or foster family agency that provides treatment services prior to the determination by the child and family team or interagency placement committee, as applicable, pursuant to subparagraph (A), but only if a licensed mental health professional, as defined in the departments AFDC-FC ratesetting regulations, has made a written determination within 72 hours of the childs or youths placement, that the child or youth is seriously emotionally disturbed and is in need of the care and services provided by the short-term residential treatment center or foster family agency that provides treatment services.
(D)(i)The child and family team or interagency placement committee, as appropriate, shall, within 30 days of placement, make the determinations required by subparagraph (A).
(ii)If it determines the placement is appropriate, the child and family team or interagency placement committee, as appropriate, shall transmit the approval, in writing, to the county placing agency and the short-term residential treatment center or foster family agency that provides treatment services.
(iii)If it determines the placement is not appropriate, the child and family team or interagency placement committee, as appropriate, shall transmit the disapproval, in writing, to the county placing agency and the short-term residential treatment center or foster family agency that provides treatment services, and the child or youth shall be referred to an appropriate placement, as specified in subdivision (f).
(E)Commencing January 1, 2017, for AFDC-FC funded children, children or youth, only those children or youth who are approved for placement by the child and family team or interagency placement committee, as appropriate, may be accepted by a short-term residential treatment center or foster family agency that provides treatment services.
(F)The department shall, through regulation, establish consequences for the failure of a short-term residential treatment center, or a foster family agency that provides treatment services, to obtain written approval for placement of an AFDC-FC funded child or youth from the child and family team or interagency placement committee.
(3)The short-term residential treatment center, or foster family agency that provides treatment services, shall be certified by the State Department of Health Care Services or a county to which the department has delegated certification authority pursuant to Section 4096.5.
(b)The department shall not establish a rate for a short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment unless the provider submits a recommendation from the host county or the primary placing county that the program is needed and that the provider is willing and capable of operating the program at the level sought. For purposes of this subdivision, host county, and primary placing county, mean the same as defined in the departments AFDC-FC ratesetting regulations.
(c)The effective date of rates set for a short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment shall be the date that all the requirements are met.
(d)Any short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment pursuant to subdivision (a) shall be reclassified and paid at the appropriate program rate for which it is qualified if either of the following occurs:
(1)(A)It fails to maintain the level of care and services necessary to meet the needs of the children and youth in care, as required by paragraph (1) of subdivision (a). The determination shall be made consistent with the departments AFDC-FC ratesetting regulations developed pursuant to Sections 11462 and 11463 and shall take into consideration the highest level of care and associated rates for which the program is eligible.
(B)In the event of a determination under this paragraph, the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment may appeal the finding or submit a corrective action plan. The appeal process specified in Section 11466.6 shall be available to a short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment. During any appeal, the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment shall maintain the appropriate level of care.
(2)It fails to maintain a certified mental health treatment program as required by paragraph (3) of subdivision (a).
(e)In addition to any other review required by law, the child and family team referenced in Sections 831 and 16501 shall periodically review the placement of the child. child or youth. If the child and family team determines that the child no longer needs, or is not benefiting from, placement in a short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment, the team shall transmit the disapproval, in writing, to the county placing agency and the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment, and the child or youth shall be referred to an appropriate placement.
(f)The department shall develop a process to address placements when, subsequent to the childs or youths placement, a determination is made by the interagency placement team or the child and family team, either that the child or youth is not seriously emotionally disturbed or is not in need of the care and services provided by the certified program. The process shall include, but not be limited to:
(1)Notice of the determination in writing to both the county placing agency and the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment.
(2)Notice of the countys plan, and a time frame, for removal of the child or youth in writing to the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment.
(3)Referral to an appropriate placement.
(4)Actions to be taken if a child or youth is not timely removed from the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment or placed in an appropriate placement.
(g)(1)Nothing in this section shall prohibit a short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment for purposes of the AFDC-FC program, from accepting private placements of children. children or youth.
(2)When a referral is not from a public agency and no public funding is involved, there is no requirement for public agency review nor determination of need.
(3)Children and youth subject to paragraphs (1) and (2) shall have been determined to be seriously emotionally disturbed, as defined in Section 5600.3 and subject to Section 1502.4 of the Health and Safety Code, by a licensed mental health professional.
(h)This section shall become operative on January 1, 2017.
SEC. 61.Section 11462.015 is added to the Welfare and Institutions Code, to read:11462.015.(a)A group home program shall be classified at RCL 13 or RCL 14 if the program meets all of the following requirements:
(1)The group home program is providing, or has proposed to provide, the level of care and services necessary to generate sufficient points in the ratesetting process to be classified at RCL 13 if the rate application is for RCL 13 or to be classified at RCL 14 if the rate application is for RCL 14.
(2)(A)(i)The group home provider shall agree not to accept for placement into a group home program AFDC-FC funded children, including voluntary placements and seriously emotionally disturbed children placed out-of-home pursuant to an individualized education program developed under Section 7572.5 of the Government Code, who have not been approved for placement by an interagency placement committee, as described by Section 4096.1. The approval shall be in writing and shall indicate that the interagency placement committee has determined the child is seriously emotionally disturbed, as defined by Section 5600.3 and subject to Section 1502.45 of the Health and Safety Code, and that the child needs the level of care provided by the group home.
(ii)For purposes of clause (i), group home providers who accept seriously emotionally disturbed children who are assessed and placed out-of-home pursuant to an individualized education program developed under Section 7572.5 of the Government Code shall be deemed to have met the interagency placement committee approval for placement requirements of clause (i) if the individualized education program assessment indicates that the child has been determined to be seriously emotionally disturbed, as defined in Section 5600.3 and subject to Section 1502.45 of the Health and Safety Code, and needs the level of care described in clause (i).
(B)(i)Nothing in this subdivision shall prevent the emergency placement of a child into a group home program prior to the determination by the interagency placement committee pursuant to clause (i) of subparagraph (A) if a licensed mental health professional, as defined in the departments AFDC-FC ratesetting regulations, has evaluated, in writing, the child within 72 hours of placement, and determined the child to be seriously emotionally disturbed and in need of the care and services provided by the group home program.
(ii)The interagency placement committee shall, within 30 days of placement pursuant to clause (i), make the determination required by clause (i) of subparagraph (A).
(iii)If, pursuant to clause (ii), the placement is determined to be appropriate, the committee shall transmit the approval, in writing, to the county placing agency and the group home provider.
(iv)If, pursuant to clause (ii) the placement is determined not to be appropriate, the child shall be removed from the group home and referred to a more appropriate placement, as specified in subdivision (f).
(C)With respect to AFDC-FC funded children, only those children who are approved for placement by an interagency placement committee may be accepted by a group home under this subdivision.
(3)The group home program is certified by the State Department of Health Care Services pursuant to Section 4096.5.
(b)The department shall not establish a rate for a group home requesting a program change to RCL 13 or RCL 14 unless the group home provider submits a recommendation from the host county or the primary placing county that the program is needed and that the provider is willing and capable of operating the program at the level sought. For purposes of this subdivision, host county, primary placing county, and program change mean the same as defined in the departments AFDC-FC ratesetting regulations.
(c)The effective date of rates set at RCL 13 or RCL 14 shall be the date that all the requirements are met, but not prior to July 1 of that fiscal year. Nothing in this section shall affect RCL 13 or RCL 14 ratesetting determinations in prior years.
(d)Any group home program that has been classified at RCL 13 or RCL 14 pursuant to the requirements of subdivision (a) shall be reclassified at the appropriate lower RCL with a commensurate reduction in rate if either of the following occurs:
(1)The group home program fails to maintain the level of care and services necessary to generate the necessary number of points for RCL 13 or RCL 14, as required by paragraph (1) of subdivision (a). The determination of points shall be made consistent with the departments AFDC-FC ratesetting regulations for other rate classification levels.
(2)The group home program fails to maintain a certified mental health treatment program as required by paragraph (3) of subdivision (a).
(3)In the event of a determination under paragraph (1), the group home may appeal the finding or submit a corrective action plan. The appeal process specified in Section 11466.6 shall be available to RCL 13 and RCL 14 group home providers. During any appeal, the group home shall maintain the appropriate level of care.
(e)The interagency placement committee shall periodically review, but no less often than that required by current law, the placement of the child. If the committee determines that the child no longer needs, or is not benefiting from, placement in a RCL 13 or RCL 14 group home, the committee shall require the removal of the child and a new disposition.
(f)(1)(A)If, at any time subsequent to placement in an RCL 13 or RCL 14 group home program, the interagency placement committee determines either that the child is not seriously emotionally disturbed or is not in need of the care and services provided by the group home program, it shall notify, in writing, both the county placing agency and the group home provider within 10 days of the determination.
(B)The county placing agency shall notify the group home provider, in writing, within five days from the date of the notice from the committee, of the countys plan for removal of the child.
(C)The county placing agency shall remove the child from the group home program within 30 days from the date of the notice from the interagency placement committee.
(2)(A)If a county placing agency does not remove a child within 30 days from the date of the notice from the interagency placement committee, the group home provider shall notify the interagency placement committee and the department, in writing, of the countys failure to remove the child from the group home program.
(B)The group home provider shall make the notification required by subparagraph (A) within five days of the expiration of the 30-day removal period. If notification is made, a group home provider shall not be subject to an overpayment determination due to failure of the county placing agency to remove the child.
(3)Any county placing agency that fails to remove a child from a group home program under this paragraph within 30 days from the date of the notice from the interagency placement committee shall be assessed a penalty in the amount of the state and federal financial participation in the AFDC-FC rate paid on behalf of the child commencing on the 31st day and continuing until the child is removed.
(g)(1)If any RCL 13 or RCL 14 group home provider discovers that it does not have written approval for placement of any AFDC-FC funded child from the interagency placement committee, it shall notify the county placing agency, in writing, and shall request the county to obtain approval from the interagency placement committee or remove the child from the group home program. A group home provider shall have 30 days from the childs first day of placement to discover the placement error and to notify the county placing agency.
(2)Any county placing agency that receives notification pursuant to paragraph (2) of subdivision (f) shall obtain approval for placement from the interagency placement committee or remove the child from the group home program within 30 days from the date of the notice from the group home provider. The program shall not be reclassified to a lower RCL for a violation of the provisions referred to in this paragraph.
(3)(A)If a county placing agency does not have the placement of a child approved by the interagency placement committee or removed from the group home within 30 days from the date of the notice from the group home provider, the group home provider shall notify the county placing agency and the department, in writing, of the countys failure to have the placement of the child approved or remove the child from the group home program.
(B)The group home provider shall make the notification required by subparagraph (A) within five days after the expiration of the 30-day approval or removal period. If notification is made, a group home provider shall not be subject to an overpayment determination due to failure of the county placing agency to remove the child.
(C)Any group home provider that fails to notify the county placing agency pursuant to subparagraph (A) shall be assessed a penalty in the amount of the AFDC-FC rate paid to the group home provider on behalf of the child commencing on the 31st day of placement and continuing until the county placing agency is notified.
(4)Any county placing agency that fails to have the placement of a child approved or to have the child removed from the group home program within 30 days shall be assessed a penalty in the amount of the state and federal financial participation in the AFDC-FC rate paid on behalf of the child commencing on the 31st day of placement and continuing until the child is removed.
(h)The department shall develop regulations to obtain payment of assessed penalties as provided in this section. For audit purposes and the application of penalties for RCL 13 and RCL 14 programs, the department shall apply statutory provisions that were in effect during the period for which the audit was conducted.
(i)(1)Nothing in this subdivision shall prohibit a group home classified at RCL 13 or RCL 14 for purposes of the AFDC-FC program, from accepting private placements of children.
(2)When a referral is not from a public agency and no public funding is involved, there shall be no requirement for public agency review or determination of need.
(3)Children subject to paragraphs (1) and (2) shall have been assessed as seriously emotionally disturbed, as defined in Section 5600.3 and subject to Section 1502.45 of the Health and Safety Code, by a licensed mental health professional, as defined in Sections 629 to 633, inclusive, of Title 9 of the California Code of Regulations.
(j)A child shall not be placed in a group home program classified at an RCL 13 or RCL 14 if the placement is paid for with county-only funds unless the child is assessed as seriously emotionally disturbed, as defined in Section 5600.3, subject to Section 1502.45 of the Health and Safety Code, by a licensed mental health professional, as defined in Sections 629 to 633, inclusive, of Title 9 of the California Code of Regulations.
(k)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.
(l)This section shall become operative on January 1, 2017.
(m)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 55.SEC. 62.Section 11462.02 of the Welfare and Institutions Code is amended to read:11462.02.(a)Notwithstanding paragraph (2) of subdivision (a) of Section 11462, a foster care provider licensed as a group home may also may have a rate established if the group home is operated by the County of San Mateo, as provided by subdivision (h) of Section 11400.
(b)(1)This section shall become inoperative on January 1, 2017, except that this section shall continue to apply, until January 1, 2018, to a group home that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11462.04.
(2)This section is repealed as of January 1, 2018, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
(b)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 56.SEC. 63.Section 11462.02 is added to the Welfare and Institutions Code, to read:11462.02.(a)Any existing county-operated foster family agency or group home, including the group home operated by the County of San Mateo, shall, commencing January 1, 2017, be classified as, and shall meet all of the requirements of, a foster family agency or a short-term residential treatment center, as set forth respectively in subdivisions (e) and (f) of Section 11402, to be eligible to receive AFDC-FC funds.
(b)Notwithstanding any other law, the State Department of Social Services may license a county as a foster family agency or as a short-term residential treatment center.
(c)If a county exercises its option to operate a foster family agency or a short-term residential treatment center, the county shall submit an application and shall comply with the requirements of Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code related to a foster family agency programs or short-term residential treatment center, as applicable.
(d)A county that requests, and is granted, a license for a foster family agency or short-term residential treatment center shall apply for an AFDC-FC rate pursuant to Section 11463 or 11462, as applicable.
(e)As a condition for eligibility for an AFDC-FC rate for a short-term residential treatment center or a foster family agency, the county shall comply with all applicable law concerning a short-term residential treatment center or foster family agency, including, but not limited to, the following provisions related to licensing, rate, audit, due process, enforcement, and overpayment collection:
(1)Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code.
(2)Article 10 (commencing with Section 360) of Chapter 2 of Part 1 of Division 2 of this code.
(3)Article 18 (commencing with Section 725) of Chapter 2 of Part 1 of Division 2 of this code.
(4)Article 22 (commencing with Section 825) of Chapter 2 of Part 1 of Division 2 of this code.
(5)Article 5 (commencing with Section 11400) of Chapter 2 of Part 3 of Division 9 of this code.
(6)Article 6 (commencing with Section 11450) of Chapter 2 of Part 3 of Division 9 of this code.
(f)The state is not obligated under Section 36 of Article XIII of the California Constitution to provide any annual funding to a county to comply with this section; with any regulation, executive order, or administrative order implementing this section; or with any federal statute or regulation related to this section, because the countys operation of a licensed short-term residential treatment center or foster family agency is optional for the county and is not required by this section.
(g)Counties licensed to operate a foster family agency or short-term residential treatment center shall, as a condition to receiving payment, ensure that its conflict of interest mitigation plan, submitted to the department pursuant to subdivision (b) of Section 1506.1 and subdivision (c) of Section 1562.01 of the Health and Safety Code, addresses, but is not limited to, the following:
(1)A decision to place children and youth in a county-operated facility when alternative appropriate placement options exist.
(2)The reporting by county staff to the department or other agencies of observed noncompliant conditions or health and safety concerns in county-operated foster family agencies or short-term residential treatment centers.
(3)The cross-reporting of reports received from mandatory child abuse and neglect reporters involving county-operated foster family agencies and short-term residential treatment center programs.
(4)Disclosures of fatalities and near fatalities of children placed in county-operated foster family agencies and short-term residential treatment centers.
(h)This section shall become operative on January 1, 2017.
SEC. 64.Section 11462.021 is added to the Welfare and Institutions Code, to read:11462.021.(a)Notwithstanding paragraph (2) of subdivision (a) of Section 11462, a foster care provider licensed as a group home also may have a rate established if the group home is operated by the County of San Mateo, as provided by subdivision (h) of Section 11400.
(b)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.
(c)This section shall become operative on January 1, 2017.
(d)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 57.SEC. 65.Section 11462.04 of the Welfare and Institutions Code is amended to read:11462.04.(a)Notwithstanding any other law, no new group home rate or change to an existing rate shall be established pursuant to Section 11462. An application shall not be accepted or processed for any of the following:
(1)A new program.
(2)A new provider.
(3)A program change, such as a rate classification level (RCL) increase.
(4)A program capacity increase.
(5)A program reinstatement.
(b)Notwithstanding subdivision (a), the department may grant exceptions as appropriate on a case-by-case basis, based upon a written request and supporting documentation provided by county placing agencies, including county welfare or probation directors.
(c)(1)For the 201213, 201314, and 201415 fiscal years, notwithstanding subdivision (b), for any program below RCL 10, the only exception that may be sought and granted pursuant to this section is for an application requesting a program change, such as an RCL increase. The authority to grant other exceptions does not apply to programs below RCL 10 during these fiscal years.
(2)Notwithstanding paragraph (1), commencing January 1, 2017, no exception shall be granted for any program below RCL 10.
(d)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 58.SEC. 66.Section 11462.04 is added to the Welfare and Institutions Code, to read:11462.04.(a)Notwithstanding any other law, commencing January 1, 2017, no new group home rate or change to an existing rate shall be established pursuant to the Rate Classification Level (RCL) system.
(b)Notwithstanding subdivision (a), the department may grant an exception as appropriate, on a case-by-case basis, when a written request and supporting documentation are provided by a county placing agency, including a county welfare or probation director, that absent the granting of that exception, there is a material risk to the welfare of children due to an inadequate supply of appropriate alternative placement options to meet the needs of children.
(c)For group homes being paid under the RCL system, and those granted an exception pursuant to paragraph (b), group home rates shall terminate on December 31, 2016, unless granted an extension under the exception process in subdivision (d).
(d)A group home may request an exception to extend its rate as follows:
(1)The department may grant an extension for up to one year, through December 31, 2017, on a case-by-case basis, when a written request and supporting documentation are provided by a county placing agency, including a county welfare or probation director, that absent the granting of that exception, there is a material risk to the welfare of children due to an inadequate supply of appropriate alternative placement options to meet the needs of children. The exception may include time to meet the program accreditation requirement or the mental health certification requirement.
(2)The exception shall allow the provider to continue to receive the rate under the prior ratesetting system.
(e)Upon termination of an existing group home rate under the RCL system, a new rate shall not be paid until an application is approved and a rate is granted by the department pursuant to Section 11462 as a short-term residential treatment center or pursuant to Section 11463 as a foster family agency.
(f)The department shall, in the development of the new rate structures, consider and provide for placement of all children who are displaced as a result of reclassification of treatment facilities.
(g)This section shall become inoperative operative on January 1, 2017.
SEC. 59.SEC. 67.Section 11463 of the Welfare and Institutions Code is amended to read:11463.(a)(1)The department, with the advice, assistance, and cooperation of the counties and foster care providers, shall develop, implement, and maintain a ratesetting system for foster family agencies.
(2)No county shall be reimbursed for any percentage increases in payments, made on behalf of AFDC-FC funded children who are placed with foster family agencies, that exceed the percentage cost-of-living increase provided in any fiscal year beginning on January 1, 1990, as specified in subdivision (c) of Section 11461.
(b)The department shall develop regulations specifying the purposes, types, and services of foster family agencies, including the use of those agencies for the provision of emergency shelter care. A distinction, for ratesetting purposes, shall be drawn between foster family agencies that provide treatment of children in foster families and those that provide nontreatment services.
(c)The department shall develop and maintain regulations specifying the procedure for the appeal of department decisions about the setting of an agencys rate.
(d)On and after July 1, 1998, the schedule of rates, and the components used in the rate calculations specified in the departments regulations, for foster family agencies shall be increased by 6 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new schedule of rates for foster family agencies.
(e)(1)On and after July 1, 1999, the schedule of rates and the components used in the rate calculations specified in the departments regulations for foster family agencies shall be adjusted by an amount equal to the California Necessities Index computed pursuant to Section 11453, rounded to the nearest dollar, subject to the availability of funds. The resultant amounts shall constitute the new schedule of rates for foster family agencies, subject to further adjustment pursuant to paragraph (2).
(2)In addition to the adjustment specified in paragraph (1), commencing January 1, 2000, the schedule of rates and the components used in the rate calculations specified in the departments regulations for foster family agencies shall be increased by 2.36 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new schedule of rates for foster family agencies.
(f)For the 19992000 fiscal year, foster family agency rates that are not determined by the schedule of rates set forth in the departments regulations, shall be increased by the same percentage as provided in subdivision (e).
(g)(1)For the 200001 fiscal year and each fiscal year thereafter, the foster family agency rate shall be supplemented by one hundred dollars ($100) for clothing per year per child in care, subject to the availability of funds. The supplemental payment shall be used to supplement, and shall not be used to supplant, any clothing allowance paid in addition to the foster family agency rate.
(2)Notwithstanding paragraph (1), commencing with the 201213 fiscal year, and each fiscal year thereafter, no supplemental clothing allowance shall be provided, because the rate issued in accordance with paragraph (1) of subdivision (m) takes the cost of clothing into account.
(h)In addition to the adjustment made pursuant to subdivision (e), the component for social work activities in the rate calculation specified in the departments regulations for foster family agencies shall be increased by 10 percent, effective January 1, 2001. This additional funding shall be used by foster family agencies solely to supplement staffing, salaries, wages, and benefit levels of staff performing social work activities. The schedule of rates shall be recomputed using the adjusted amount for social work activities. The resultant amounts shall constitute the new schedule of rates for foster family agencies. The department may require a foster family agency receiving this additional funding to certify that the funding was utilized in accordance with the provisions of this section.
(i)The increased rate provided by subparagraph (C) of paragraph (1) of subdivision (d) of Section 11461 shall not be used to compute the monthly amount that may be paid to licensed foster family agencies for the placement of children in certified foster homes.
(j)The total foster family agency rate by age group in effect as of January 1, 2008, paid to licensed foster family agencies for the placement of children in certified foster family homes, shall be reduced by 10 percent, effective October 1, 2009. The foster family agency shall have flexibility in applying the reduction, however, nothing shall be deducted from the child base rate, as defined in departmental regulations. When the rate is restored to at least the rate in effect on September 1, 2009, the director shall issue the declaration described in Section 1506.3 of the Health and Safety Code.
(k)Effective October 1, 2009, the total foster family agency rate by age group, in effect for those agency rates that are not determined by the schedule of rates set forth in the departments regulations, shall be reduced by the same percentage and in the same manner as provided for in subdivision (j).
(l)(1)The department shall determine, consistent with the requirements of this section and other relevant requirements under law, the rate category for each foster family agency on a biennial basis. Submission of the biennial rate application shall be according to a schedule determined by the department.
(2)The department shall adopt regulations to implement this subdivision. The adoption, amendment, repeal, or readoption of a regulation authorized by this subdivision is deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement to describe specific facts showing the need for immediate action.
(m)(1)On and after July 1, 2012, the basic rate payment that shall be made to the certified parent pursuant to this section for care and supervision of a child who is living in a certified home of a foster family agency, as defined in Section 11400, shall equal the basic rate for children based in a licensed or approved home, as specified in paragraph (1) of subdivision (g) of Section 11461.
(2)The basic rate payment to the certified parent made pursuant to paragraph (1) shall be adjusted annually on July 1, by the annual percentage change in the California Necessities Index, in accordance with paragraph (2) of subdivision (g) of Section 11461. The adjustment in this paragraph shall be in lieu of any adjustment pursuant to subdivision (e).
(n)Notwithstanding any other law, the changes to the basic rate payment specified in subdivision (m) shall not change the remaining components of the foster family agency rate. The new foster family agency rate shall be increased only by the amounts specified pursuant to subdivision (m). The resulting amounts shall constitute the new schedule of rates for foster family agencies, which shall be issued by all-county letters or similar instructions from the department.
(o)Beginning in the 201112 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
(p)(1)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific the changes to this section made by the act that added this section, and amend and repeal regulations and orders subject to this section and adopted by the department by means of all-county letters or similar instructions from the department until regulations are adopted. The department shall adopt emergency regulations no later than July 1, 2014. The department may readopt any emergency regulation authorized by this section that is the same as, or substantially equivalent to, an emergency regulation previously adopted under this section.
(2)The initial adoption of emergency regulations pursuant to this section and one readoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and each shall remain in effect for no more than 180 days, by which time final regulations may be adopted.
(q)(1)This section shall become inoperative on January 1, 2017, except that this section shall continue to apply, until January 1, 2018, to a group home that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11462.04 or to a foster family agency that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11463.1.
(2)This section is repealed as of January 1, 2018, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
(q)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 60.SEC. 68.Section 11463 is added to the Welfare and Institutions Code, to read:11463.(a)The department shall commence development of a new payment structure for the Title IV-E funded foster family agency placement option that maximizes federal funding.
(b)The department shall develop a payment system for foster family agencies that provide nontreatment, treatment, intensive treatment, and therapeutic foster care programs, and shall consider all of the following factors:
(1)Administrative activities that are eligible for federal financial participation provided, at county request, for and to licensed and approved family homes, such as placement of a child, case management and supervision, and recruitment and monitoring of family homes. 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 provided that encompass community services and supports, permanency-related services, medical and mental health support and access to services, educational support, life and social support, transitional support services upon discharge, biological parent and resource family supports, and services for nonminor dependents.
(6)Staff training.
(7)Health and Safety Code requirements.
(8)A process for accreditation that includes all of the following:
(A)Provision for all licensed foster family agencies to maintain in good standing accreditation from a nationally recognized accreditation agency with expertise in programs for youth group care facilities, as determined by the department.
(B)Promulgation by the department of information identifying the agency or agencies from which accreditation shall be required.
(C)Provision for timely reporting to the department of any change in accreditation status.
(9)Mental health certification, including a requirement to timely report to the department any change in mental health certificate status.
(10)Populations served, including, but not limited to, any of the following:
(A)Seriously emotionally disturbed children and youth placed out-of-home pursuant to an individualized education program developed under Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1 of the Government Code.
(B)AFDC-FC children 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 group home. 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 develop a system of governmental monitoring and oversight that shall be carried out in coordination with the State Department of Health Care Services. Oversight responsibilities shall include, but not be limited to, ensuring conformity with federal and state law, including program, fiscal, and health and safety reviews.
(d)The department shall consider the impact on children and youth being transitioned to alternate programs as a result of the new ratesetting system.
(e) This section shall become operative on January 1, 2017.
SEC. 69.Section 11463.01 is added to the Welfare and Institutions Code, immediately after Section 11463, to read:11463.01.(a)(1)The department, with the advice, assistance, and cooperation of the counties and foster care providers, shall develop, implement, and maintain a ratesetting system for foster family agencies.
(2)No county shall be reimbursed for any percentage increases in payments, made on behalf of AFDC-FC funded children who are placed with foster family agencies, that exceed the percentage cost-of-living increase provided in any fiscal year, as specified in subdivision (c) of Section 11461.
(b)The department shall develop regulations specifying the purposes, types, and services of foster family agencies, including the use of those agencies for the provision of emergency shelter care. A distinction, for ratesetting purposes, shall be drawn between foster family agencies that provide treatment of children in foster families and those that provide nontreatment services.
(c)The department shall develop and maintain regulations specifying the procedures for the appeal of department decisions about the setting of an agencys 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 based in a licensed or approved home, as specified in paragraph (1) of subdivision (g) of Section 11461.
(2)The basic rate payment to the certified parent made pursuant to paragraph (1) shall be adjusted annually on July 1, by the annual percentage change in the California Necessities Index, in accordance with paragraph (2) of subdivision (g) of Section 11461. The adjustment in this paragraph shall be in lieu of any adjustment pursuant to subdivision (e) of Section 11463, as that section read on January 1, 2015.
(h)Notwithstanding any other law, the changes to the basic rate payment specified in subdivision (g) shall not change the remaining components of the foster family agency rate. The new foster family agency rate shall be increased only by the amounts specified pursuant to subdivision (g). The resulting amounts shall constitute the new schedule of rates for foster family agencies, which shall be issued by all-county letters or similar instructions from the department.
(i)For each fiscal year, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
(j)(1)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific the changes to this section made by the act that added this section, and amend and repeal regulations and orders subject to this section and adopted by the department by means of all-county letters or similar instructions from the department until regulations are adopted. The department shall adopt emergency regulations no later than July 1, 2016. The department may readopt any emergency regulation authorized by this section that is the same as, or substantially equivalent to, an emergency regulation previously adopted under this section.
(2)The initial adoption of emergency regulations pursuant to this section and one readoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and each shall remain in effect for no more than 180 days, by which time final regulations may be adopted.
(k)This section shall only apply to a foster family agency that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11463.1.
(l)This section shall become operative on January 1, 2017.
(m)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 61.SEC. 70.Section 11463.1 is added to the Welfare and Institutions Code, to read:11463.1.(a)Notwithstanding any other law, commencing January 1, 2017, no new foster family agency shall be established pursuant to the rate in effect through December 31, 2016.
(b)Notwithstanding subdivision (a), the department may grant an exception as appropriate, on a case-by-case basis, when a written request and supporting documentation are provided by a county placing agency, including a county welfare or probation director, that absent the granting of that exception, there is a material risk to the welfare of children due to an inadequate supply of appropriate alternative placement options to meet the needs of children 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 may request an exception to extend its rate as follows:
(1)The department may grant an extension for up to one year, through December 31, 2017, on a case-by-case basis, when a written request and supporting documentation are provided by a county placing agency, including a county welfare or probation director, that absent the granting of that exception, there is a material risk to the welfare of children 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)(1)This section shall become inoperative on January 1, 2017, except that this section shall continue to apply, until January 1, 2018, to a group home that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11462.04 or to a foster family agency that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11463.1.
(2)This section is repealed as of January 1, 2018, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
(g)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 62.SEC. 71.Section 11465 of the Welfare and Institutions Code is amended to read:11465.(a)When a child is living with a parent who receives AFDC-FC or Kin-GAP benefits, the rate paid to the provider on behalf of the parent shall include an amount for care and supervision of the child.
(b)For each category of eligible licensed community care facility, as defined in Section 1502 of the Health and Safety Code, the department shall adopt regulations setting forth a uniform rate to cover the cost of care and supervision of the child in each category of eligible licensed community care facility.
(c)(1)On and after July 1, 1998, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 6 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate.
(2)(A)On and after July 1, 1999, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be adjusted by an amount equal to the California Necessities Index computed pursuant to Section 11453, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate, subject to further adjustment pursuant to subparagraph (B).
(B)In addition to the adjustment specified in subparagraph (A), on and after January 1, 2000, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 2.36 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate.
(3)Subject to the availability of funds, for the 200001 fiscal year and annually thereafter, these rates shall be adjusted for cost of living pursuant to procedures in Section 11453.
(4)On and after January 1, 2008, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 5 percent, rounded to the nearest dollar. The resulting amount shall constitute the new uniform rate.
(d)(1)Notwithstanding subdivisions (a) to (c), inclusive, the payment made pursuant to this section for care and supervision of a child who is living with a teen parent in a whole family foster home, as defined in Section 11400, shall equal the basic rate for children placed in a licensed or approved home as specified in subdivisions (a) to (d), inclusive, and subdivision (g), of Section 11461.
(2)(A)The amount paid for care and supervision of a dependent infant living with a dependent teen parent receiving AFDC-FC benefits in a group home placement shall equal the infant supplement rate for group home placements.
(B)Commencing January 1, 2017, the amount paid for care and supervision of a dependent infant living with a dependent teenage parent receiving AFDC-FC benefits in a short-term residential treatment center shall equal the infant supplement rate for short-term residential treatment centers established by the department.
(3)(A)The caregiver shall provide the county child welfare agency or probation department with a copy of the shared responsibility plan developed pursuant to Section 16501.25 and shall advise the county child welfare agency or probation department of any subsequent changes to the plan. Once the plan has been completed and provided to the appropriate agencies, the payment made pursuant to this section shall be increased by an additional two hundred dollars ($200) per month to reflect the increased care and supervision while he or she is placed in the whole family foster home.
(B)A nonminor dependent parent residing in a supervised independent living placement, as defined in subdivision (w) of Section 11400, who develops a written parenting support plan pursuant to Section 16501.26 shall provide the county child welfare agency or probation department with a copy of the plan and shall advise the county child welfare agency or probation department of any subsequent changes to the plan. The payment made pursuant to this section shall be increased by an additional two hundred dollars ($200) per month after all of the following have been satisfied:
(i)The plan has been completed and provided to the appropriate county agency.
(ii)The plan has been approved by the appropriate county agency.
(iii)The county agency has determined that the identified responsible adult meets the criteria specified in Section 16501.27.
(4)In a year in which the payment provided pursuant to this section is adjusted for the cost of living as provided in paragraph (1) of subdivision (c), the payments provided for in this subdivision shall also be increased by the same procedures.
(5)A Kin-GAP relative who, immediately prior to entering the Kin-GAP program, was designated as a whole family foster home shall receive the same payment amounts for the care and supervision of a child who is living with a teen parent they received in foster care as a whole family foster home.
(6)On and after January 1, 2012, the rate paid for a child living with a teen parent in a whole family foster home as defined in Section 11400 shall also be paid for a child living with a nonminor dependent parent who is eligible to receive AFDC-FC or Kin-GAP pursuant to Section 11403.
SEC. 63.SEC. 72.Section 11466 is added to the Welfare and Institutions Code, to read:11466.For the purposes of this section to Section 114691.1, inclusive, provider shall mean a group home, short-term residential treatment center, a foster family agency that provides treatment services, and similar foster care business entities.
SEC. 64.SEC. 73.Section 11466.21 of the Welfare and Institutions Code is amended to read:11466.21.(a)In accordance with subdivision (b), as a condition to receive an AFDC-FC rate for a program including, but not limited to, a group home, a foster family agency that provides treatment services, or a short-term residential treatment center, the following shall apply:
(1)Any provider who expends in combined federal funds an amount at or above the federal funding threshold in accordance with the federal Single Audit Act, as amended, and Office of Management and Budget (OMB) Circular A-133, Section 200.501 of Title 2 of the Code of Federal Regulations shall arrange to have a financial audit conducted on an annual basis, and shall submit the annual financial audit to the department in accordance with regulations adopted by the department.
(2)Any provider who expends in combined federal funds an amount below the federal funding threshold in accordance with the federal Single Audit Act, as amended, and Office of Management and Budget (OMB) Circular A-133, Section 200.501 of Title 2 of the Code of Federal Regulations shall submit to the department a financial audit on its most recent fiscal period at least once every three years. The department shall provide timely notice to the providers of the date that submission of the financial audit is required. That date of submission of the financial audit shall be established in accordance with regulations adopted by the department.
(3)The scope of the financial audit shall include all of the programs and activities operated by the provider and shall not be limited to those funded in whole or in part by the AFDC-FC program. The financial audits shall include, but not be limited to, an evaluation of the accounting and control systems of the provider.
(4)The provider shall have its financial audit conducted by certified public accountants or by state-licensed public accountants who have no direct or indirect relationship with the functions or activities being audited, or with the provider, its board of directors, officers, or staff.
(5)The provider shall have its financial audits conducted in accordance with Government Auditing Standards issued by the Comptroller General of the United States and in compliance with generally accepted accounting principles applicable to private entities organized and operated on a nonprofit basis.
(6)(A)Each provider shall have the flexibility to define the calendar months included in its fiscal year.
(B)A provider may change the definition of its fiscal year. However, the financial audit conducted following the change shall cover all of the months since the last audit, even though this may cover a period that exceeds 12 months.
(b)(1)In accordance with subdivision (a), as a condition to receive an AFDC-FC rate that becomes effective on or after July 1, 2000, a provider shall submit a copy of its most recent financial audit report, except as provided in paragraph (3).
(2)The department shall terminate the rate of a provider who fails to submit a copy of its most recent financial audit pursuant to subdivision (a). A terminated rate shall only be reinstated upon the providers submission of an acceptable financial audit.
(3)Effective July 1, 2000, a new provider that has been incorporated for fewer than 12 calendar months shall not be required to submit a copy of a financial audit to receive an AFDC-FC rate for a new program. The financial audit shall be conducted on the providers next full fiscal year of operation. The provider shall submit the financial audit to the department in accordance with subdivision (a).
(c)The department shall implement this section through the adoption of emergency regulations.
SEC. 65.SEC. 74.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 that provide treatment services, receive the level of care and supervision commensurate with the programs rate classification level. 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, it shall be liable to repay the overpayment.
(d)(1)Overpayments shall be determined by either a provider audit or a provider self-reporting an overpayment.
(2)If an informal hearing is not requested, or on the 60th day after an informal decision if a provider or the department does not file a notice of intent to file a formal appeal, or on the 30th day following a formal appeal hearing decision, whichever is latest, a group home provider overpayment shall be sustained for collection purposes and the department shall issue a demand letter for repayment of the sustained overpayment.
(3)The department shall establish a voluntary repayment agreement procedure with a maximum repayment period of nine years. The procedure shall take into account the amount of the overpayment, projected annual income of the program that caused the overpayment, a minimum repayment amount, including principal and interest, of 3 percent of annual income prorated on a monthly basis, simple interest for the first seven years of the voluntary repayment agreement on the overpayment amount based on the Surplus Money Investment Fund, and simple interest for the eighth and ninth years of the voluntary repayment agreement based on the prime rate at that time plus 3 percent. The department may adopt regulations permitting the director, at his or her discretion, to renegotiate the volunteer repayment agreement if the director determines that the agreement would cause severe harm to children in placement.
(4)The department shall establish an involuntary overpayment collection procedure, that shall take into account the amount of the overpayment, projected annual income, a minimum required repayment amount, including principal and interest, of 5 percent of the annual income prorated on a monthly basis, simple interest on the overpayment amount based on the Surplus Money Investment Fund, and a maximum repayment period of seven years. The department may establish regulations permitting the director at his or her discretion to renegotiate the involuntary payment agreement if the director determines that the agreement would cause severe harm to children in placement.
(e)The department shall develop regulations for recovery of any provider sustained overpayments. The regulations 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.
(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 providers income or assets.
(g)If a provider is successful in its appeal of a collected overpayment, it shall be repaid the collected overpayment plus simple interest based on the Surplus Money Investment Fund.
SEC. 66.SEC. 75.Section 11466.25 of the Welfare and Institutions Code is amended to read:11466.25.Interest begins to accrue on a provider overpayment on the date of the issuance of the final audit report.
SEC. 67.SEC. 76.Section 11466.3 of the Welfare and Institutions Code is amended to read:11466.3.(a)The department shall offer a voluntary repayment agreement procedure to providers that owe a sustained overpayment. A provider may enter into a voluntary repayment agreement with the department to repay a sustained overpayment. The voluntary repayment agreement shall, at a minimum, meet the requirements developed pursuant to paragraph (3) of subdivision (d) of Section 11466.2.
(b)The department shall charge simple interest on the voluntary repayment agreement in accordance with paragraph (3) of subdivision (d) of Section 11466.2.
SEC. 68.SEC. 77.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. Overpayments shall be offset against current monthly rate reimbursement payments due and payable to a provider under this chapter.
SEC. 69.SEC. 78.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 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 providers 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 until the repayment is completed or until the host county or the primary placement county provide the department with a request for waiver of this paragraph.
SEC. 70.SEC. 79.Section 11466.33 of the Welfare and Institutions Code is amended to read:11466.33.(a)If any amount is due and payable to the department as a result of sustained overpayment to a provider for care and services in the AFDC-FC program, the department may file, in the office of any county clerk of any county in which the provider has real or personal property, a certificate if any of the following conditions are met:
(1)No informal hearing is requested and if a provider has not submitted a voluntary repayment agreement with the first payment, and 60 days have elapsed from the notice of audit results.
(2)No formal appeal is requested and if a provider has not submitted a voluntary repayment agreement along with the first payment, and 60 days have elapsed from the notice of the informal hearing decision.
(3)A provider has not submitted a voluntary repayment agreement along with the first payment, and 30 days have elapsed after an adverse appeal decision by a hearing officer that sustains an overpayment.
(b)The certificate provided for pursuant to subdivision (a) shall contain:
(1)The amount due, owing, and unpaid, plus simple interest on the amount owing and unpaid beginning on the date the certificate is filed.
(2)A statement that the department has complied with this section prior to the filing of the certificate.
(3)A request that a lien be recorded against the provider in the amount set forth in the certificate.
(c)The county clerk immediately upon the filing of the certificate shall record the lien for the State of California against the provider in the amount set forth in the certificate. The lien may be filed in the chain of title of the property.
(d)The department shall pay the cost of the first lien, and providers shall be responsible for any subsequent liens on a sustained overpayment.
(e)For the first certificate filed by the department pursuant to this section, the county shall waive all filing fees.
SEC. 71.SEC. 80.Section 11466.34 of the Welfare and Institutions Code is amended to read:11466.34.(a)(1)At any time within 10 years of the recording of a lien pursuant to Section 11466.33, the department may bring an action, in a superior court in the county in which the lien is filed, seeking a judgment to establish the lien as a judgment lien.
(2)If a judgment is obtained pursuant to paragraph (1), the county recorder shall record the lien as a judgment lien.
(b)An abstract of a judgment obtained pursuant to subdivision (a) or a copy thereof may be recorded with the county recorder of any county. From the time of recording, the judgment shall constitute a lien upon all real or personal property of the provider in that county owned by the provider at the time, or that the provider may afterwards, but before the lien expires, acquire. The judgment lien shall continue for 10 years from the time of recording of the abstract of judgment obtained pursuant to subdivision (a), unless sooner released or otherwise discharged.
(c)The judgment lien may, within 10 years from the date of recording of the abstract of judgment or within 10 years from the date of the last extension of the lien in the manner provided in this section, be extended by recording a new abstract in the office of the county recorder of any county. From the date of that recording, the lien shall be extended for 10 years, unless sooner released or otherwise discharged.
(d)The department may release any lien imposed pursuant to this chapter, at the providers cost, in which case any judgment pertaining to that lien is for all purposes null and void, if all of the following conditions are met:
(1)No temporary suspension order or license revocation actions by the departments community care licensing division is pending against a provider.
(2)A provider has made at least three timely payments on a voluntary repayment agreement.
(3)The provider submits to the department corroborative evidence that it is unable to obtain a loan from an institutional lender unless the lien is released.
(e)Execution shall issue upon a judgment obtained pursuant to this section upon request of the department in the same manner as execution may issue upon other judgments. Sale shall be held under that execution as prescribed in the Code of Civil Procedure. In all proceedings under this section, the director or his or her authorized agents may act on behalf of the state.
SEC. 72.SEC. 81.Section 11466.35 of the Welfare and Institutions Code is amended to read:11466.35.(a)Any licensee who has been determined to owe a sustained overpayment under this chapter, and who, subsequent to notice of the sustained overpayment, has its rate terminated, shall be ineligible to apply or receive a rate for any future program until the overpayment is repaid.
(b)A rate application shall be denied for a provider that meets either of the following conditions:
(1)A provider owing a sustained overpayment under this chapter, upon the occurrence of any additional sustained overpayment, shall be ineligible to apply or receive a rate for an existing or future program until the sustained overpayments are repaid, unless a voluntary repayment agreement is approved by the department.
(2)A provider incurring a sustained overpayment that constitutes more than 60 percent of the providers annual rate reimbursement shall be ineligible to apply or receive a rate for any existing or future programs until the sustained overpayments are repaid, unless a voluntary repayment agreement is approved by the department.
SEC. 73.SEC. 82.Section 11466.36 of the Welfare and Institutions Code is amended to read:11466.36.(a)The department may terminate a program rate if any of the following conditions are met:
(1)The department determines that, based upon the findings of a hearing officer, a rate application or information submitted by a provider was fraudulently submitted to the department.
(2)A provider with an outstanding sustained overpayment incurs a second sustained overpayment, and is unable to repay the sustained overpayments.
(3)A provider has a sustained overpayment that represents 100 percent of a providers annual rate reimbursement.
(b)This chapter shall not be construed to affect the departments authority under other provisions of law for collection of provider sustained overpayments.
SEC. 74.SEC. 83.Section 11466.5 of the Welfare and Institutions Code is amended to read:11466.5.The department shall collect cost data and monitor the cost of providing care and supervision, and social work services, to AFDC-FC recipients. These data shall include, but not be limited to, the costs incurred for employee wages and benefits.
SEC. 75.SEC. 84.Section 11466.6 of the Welfare and Institutions Code is amended to read:11466.6.A provider who disagrees with the rate determined by the department or adjusted by a program audit may request in writing an appeal by the director or the directors designee. The department shall adopt regulations establishing procedures for the departmental appeal process.
SEC. 76.SEC. 85.Section 11468 of the Welfare and Institutions Code is amended to read:11468.The department shall establish administrative procedures to review the rate set by the department for AFDC-FC programs, including, but not limited to, group homes, short-term residential treatment centers, and foster family agencies that provide treatment services.
SEC. 77.SEC. 86.Section 16000 of the Welfare and Institutions Code is amended to read:16000.(a)It is the intent of the Legislature to preserve and strengthen a childs family ties whenever possible, removing the child from the custody of his or her parents only when necessary for his or her welfare or for the safety and protection of the public. If a child is removed from the physical custody of his or her parents, preferential consideration shall be given whenever possible to the placement of the child with the relative as required by Section 7950 of the Family Code. If the child is removed from his or her own family, it is the purpose of this chapter to secure as nearly as possible for the child the custody, care, and discipline equivalent to that which should have been given to the child by his or her parents. It is further the intent of the Legislature to reaffirm its commitment to children who are in out-of-home placement to live in the least restrictive, most familylike setting and to live as close to the childs family as possible pursuant to subdivision (c) of Section 16501.1. Family reunification services shall be provided for expeditious reunification of the child with his or her family, as required by law. If reunification is not possible or likely, a permanent alternative shall be developed.
(b)It is further the intent of the Legislature that all children live with a committed, permanent, and nurturing family. Services and supports should be tailored to meet the needs of the individual child and family being served, with the ultimate goal of maintaining the family, or when this is not possible, transitioning the child or youth to a permanent family or preparing the youth for a successful transition into adulthood. When needed, short-term residential treatment center program services are a short-term, specialized, and intensive intervention that is just one part of a continuum of care available for children, youth, young adults, and their families.
(c)It is further the intent of the Legislature to ensure that all pupils in foster care and those who are homeless as defined by the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.) have the opportunity to meet the challenging state pupil academic achievement standards to which all pupils are held. In fulfilling their responsibilities to pupils in foster care, educators, county placing agencies, care providers, advocates, and the juvenile courts shall work together to maintain stable school placements and to ensure that each pupil is placed in the least restrictive educational programs, and has access to the academic resources, services, and extracurricular and enrichment activities that are available to all pupils. In all instances, educational and school placement decisions shall be based on the best interests of the child.
SEC. 87.Section 16003 of the Welfare and Institutions Code is amended to read:16003.(a)In order to promote the successful implementation of the statutory preference for foster care placement with a relative caretaker as set forth in Section 7950 of the Family Code, each community college district with a foster care education program shall make available orientation and training to the relative or nonrelative extended family member caregiver into whose care the county has placed a foster child pursuant to Section 1529.2 of the Health and Safety Code, including, but not limited to, courses that cover the following:
(1)The role, rights, and responsibilities of a relative or nonrelative extended family member caregiver caring for a child in foster care, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(2)An overview of the child protective system.
(3)The effects of child abuse and neglect on child development.
(4)Positive discipline and the importance of self-esteem.
(5)Health issues in foster care.
(6)Accessing education and health services that are available to foster children.
(7)Relationship and safety issues regarding contact with one or both of the birth parents.
(8)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(9)Information on resources available for those who meet eligibility criteria, including out-of-home care payments, the Medi-Cal program, in-home supportive services, and other similar resources.
(10)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(11)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the California Student School Safety and Violence Prevention Act of 2000 (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).
(b)In addition to training made available pursuant to subdivision (a), each community college district with a foster care education program shall make training available to a relative or nonrelative extended family member caregiver that includes, but need not be limited to, courses that cover all of the following:
(1)Age-appropriate child development.
(2)Health issues in foster care.
(3)Positive discipline and the importance of self-esteem.
(4)Emancipation and independent living.
(5)Accessing education and health services available to foster children.
(6)Relationship and safety issues regarding contact with one or both of the birth parents.
(7)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(8)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the California Student School Safety and Violence Prevention Act of 2000 (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).
(c)In addition to the requirements of subdivisions (a) and (b), each community college district with a foster care education program, in providing the orientation program, shall develop appropriate program parameters in collaboration with the counties.
(d)Each community college district with a foster care education program shall make every attempt to make the training and orientation programs for relative or nonrelative extended family member caregivers highly accessible in the communities in which they reside.
(e)When a child is placed with a relative or nonrelative extended family member caregiver, the county shall inform the caregiver of the availability of training and orientation programs and it is the intent of the Legislature that the county shall forward the names and addresses of relative or nonrelative extended family member caregivers to the appropriate community colleges providing the training and orientation programs.
(f)This section shall not be construed to preclude counties from developing or expanding existing training and orientation programs for foster care providers to include relative or nonrelative extended family member caregivers.
(g)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 78.SEC. 88.Section 16501 of the Welfare and Institutions Code is amended to read:16501.(a)(1)As used in this chapter, child welfare services means public social services that are directed toward the accomplishment of any or all of the following purposes: protecting and promoting the welfare of all children, including handicapped, homeless, dependent, or neglected children; preventing or remedying, or assisting in the solution of problems which may result in, the neglect, abuse, exploitation, or delinquency of children; preventing the unnecessary separation of children from their families by identifying family problems, assisting families in resolving their problems, and preventing breakup of the family where the prevention of child removal is desirable and possible; restoring to their families children who have been removed, by the provision of services to the child and the families; identifying children to be placed in suitable adoptive homes, in cases where restoration to the biological family is not possible or appropriate; and ensuring adequate care of children away from their homes, in cases where the child cannot be returned home or cannot be placed for adoption.
(2)Child welfare services also means services provided on behalf of children alleged to be the victims of child abuse, neglect, or exploitation. The child welfare services provided on behalf of each child represent a continuum of services, including emergency response services, family preservation services, family maintenance services, family reunification services, and permanent placement services, including supportive transition services. The individual childs case plan is the guiding principle in the provision of these services. The case plan shall be developed within a maximum of 60 days of the initial removal of the child or of the in-person response required under subdivision (f) if the child has not been removed from his or her home, or by the date of the dispositional hearing pursuant to Section 358, whichever comes first.
(3)Child welfare services are best provided in a framework that integrates service planning and delivery among multiple service systems, including the mental health system, using a team-based approach, such as a child and family team. A child and family team brings together individuals that engage with the child or youth and family in assessing, planning, and delivering services. A child and family team, defined in subdivision (a) of Section 831, is composed comprised of the child or youth, family, caregiver, placing agency caseworker, county mental health representative for placement into a mental health certified facility, and a representative of the childs tribe or Indian custodian when the child is Indian, and the county mental health representative for placement into a mental health certified facility. custodian, as applicable. As appropriate, the child and family team also may include behavioral health representatives and other formal supports, such as educational professionals and representatives from other agencies providing services to the child or youth and family. A child and family team also may include extended family and informal support persons, such as friends, coaches, faith-based connections, and tribes as identified by the child or youth and family. Use of a team approach increases efficiency, and thus reduces cost, by increasing coordination of formal services and integrating the natural and informal supports available to the child or youth and family.
(4)Child welfare services may include, but are not limited to, a range of service-funded activities, including case management, counseling, emergency shelter care, emergency in-home caretakers, temporary in-home caretakers, respite care, therapeutic day services, teaching and demonstrating homemakers, parenting training, substance abuse testing, and transportation. These service-funded activities shall be available to children and their families in all phases of the child welfare program in accordance with the childs case plan and departmental regulations. Funding for services is limited to the amount appropriated in the annual Budget Act and other available county funds.
(5)Service-funded activities to be provided may be determined by each county, based upon individual child and family needs as reflected in the service plan.
(6)As used in this chapter, emergency shelter care means emergency shelter provided to children who have been removed pursuant to Section 300 from their parent or parents or their guardian or guardians. The department may establish, by regulation, the time periods for which emergency shelter care shall be funded. For the purposes of this paragraph, emergency shelter care may include transitional shelter care facilities as defined in paragraph (11) of subdivision (a) of Section 1502 of the Health and Safety Code.
(b)As used in this chapter, respite care means temporary care for periods not to exceed 72 hours. This care may be provided to the childs parents or guardians. This care shall not be limited by regulation to care over 24 hours. These services shall not be provided for the purpose of routine, ongoing child care.
(c)The county shall provide child welfare services as needed pursuant to an approved service plan and in accordance with regulations promulgated, in consultation with the counties, by the department. Counties may contract for service-funded activities as defined in paragraph (1) of subdivision (a). Each county shall use available private child welfare resources prior to developing new county-operated resources when the private child welfare resources are of at least equal quality and lesser or equal cost as compared with county-operated resources. Counties shall not contract for needs assessment, client eligibility determination, or any other activity as specified by regulations of the State Department of Social Services, except as specifically authorized in Section 16100.
(d)Nothing in this chapter shall be construed to affect duties which are delegated to probation officers pursuant to Sections 601 and 654.
(e)Any county may utilize volunteer individuals to supplement professional child welfare services by providing ancillary support services in accordance with regulations adopted by the State Department of Social Services.
(f)As used in this chapter, emergency response services consist of a response system providing in-person response, 24 hours a day, seven days a week, to reports of abuse, neglect, or exploitation, as required by Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code for the purpose of investigation pursuant to Section 11166 of the Penal Code and to determine the necessity for providing initial intake services and crisis intervention to maintain the child safely in his or her own home or to protect the safety of the child. County welfare departments shall respond to any report of imminent danger to a child immediately and all other reports within 10 calendar days. An in-person response is not required when the county welfare department, based upon an evaluation of risk, determines that an in-person response is not appropriate. This evaluation includes collateral, contacts, a review of previous referrals, and other relevant information, as indicated.
(g)As used in this chapter, family maintenance services are activities designed to provide in-home protective services to prevent or remedy neglect, abuse, or exploitation, for the purposes of preventing separation of children from their families.
(h)As used in this chapter, family reunification services are activities designed to provide time-limited foster care services to prevent or remedy neglect, abuse, or exploitation, when the child cannot safely remain at home, and needs temporary foster care, while services are provided to reunite the family.
(i)As used in this chapter, permanent placement services are activities designed to provide an alternate permanent family structure for children who because of abuse, neglect, or exploitation cannot safely remain at home and who are unlikely to ever return home. These services shall be provided on behalf of children for whom there has been a judicial determination of a permanent plan for adoption, legal guardianship, or long-term foster care, and, as needed, shall include supportive transition services to nonminor dependents, as described in subdivision (v) of Section 11400.
(j)As used in this chapter, family preservation services include those services specified in Section 16500.5 to avoid or limit out-of-home placement of children, and may include those services specified in that section to place children in the least restrictive environment possible.
(k)(1)(A)In any county electing to implement this subdivision, all county welfare department employees who have frequent and routine contact with children shall, by February 1, 1997, and all welfare department employees who are expected to have frequent and routine contact with children and who are hired on or after January 1, 1996, and all such employees whose duties change after January 1, 1996, to include frequent and routine contact with children, shall, if the employees provide services to children who are alleged victims of abuse, neglect, or exploitation, sign a declaration under penalty of perjury regarding any prior criminal conviction, and shall provide a set of fingerprints to the county welfare director.
(B)The county welfare director shall secure from the Department of Justice a criminal record to determine whether the employee has ever been convicted of a crime other than a minor traffic violation. The Department of Justice shall deliver the criminal record to the county welfare director.
(C)If it is found that the employee has been convicted of a crime, other than a minor traffic violation, the county welfare director shall determine whether there is substantial and convincing evidence to support a reasonable belief that the employee is of good character so as to justify frequent and routine contact with children.
(D)No exemption shall be granted pursuant to subparagraph (C) if the person has been convicted of a sex offense against a minor, or has been convicted of an offense specified in Section 220, 243.4, 264.1, 273d, 288, or 289 of the Penal Code, or in paragraph (1) of Section 273a of, or subdivision (a) or (b) of Section 368 of, the Penal Code, or has been convicted of an offense specified in subdivision (c) of Section 667.5 of the Penal Code. The county welfare director shall suspend such a person from any duties involving frequent and routine contact with children.
(E)Notwithstanding subparagraph (D), the county welfare director may grant an exemption if the employee or prospective employee, who was convicted of a crime against an individual specified in paragraph (1) or (7) of subdivision (c) of Section 667.5 of the Penal Code, has been rehabilitated as provided in Section 4852.03 of the Penal Code and has maintained the conduct required in Section 4852.05 of the Penal Code for at least 10 years and has the recommendation of the district attorney representing the employees or prospective employees county of residence, or if the employee or prospective employee has received a certificate of rehabilitation pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code. In that case, the county welfare director may give the employee or prospective employee an opportunity to explain the conviction and shall consider that explanation in the evaluation of the criminal conviction record.
(F)If no criminal record information has been recorded, the county welfare director shall cause a statement of that fact to be included in that persons personnel file.
(2)For purposes of this subdivision, a conviction means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Any action that the county welfare director is permitted to take following the establishment of a conviction may be taken when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, notwithstanding a subsequent order pursuant to Sections 1203.4 and 1203.4a of the Penal Code permitting the person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment. For purposes of this subdivision, the record of a conviction, or a copy thereof certified by the clerk of the court or by a judge of the court in which the conviction occurred, shall be conclusive evidence of the conviction.
SEC. 79.SEC. 89.Section 16501.1 of the Welfare and Institutions Code is amended to read:16501.1.(a)(1)The Legislature finds and declares that the foundation and central unifying tool in child welfare services is the case plan.
(2)The Legislature further finds and declares that a case plan ensures that the child receives protection and safe and proper care and case management, and that services are provided to the child and parents or other caretakers, as appropriate, in order to improve conditions in the parents home, to facilitate the safe return of the child to a safe home or the permanent placement of the child, and to address the needs of the child while in foster care.
(b)(1)A case plan shall be based upon the principles of this section and shall document that a preplacement assessment of the service needs of the child and family, and preplacement preventive services, have been provided, and that reasonable efforts to prevent out-of-home placement have been made.
(2)In determining the reasonable services to be offered or provided, the childs health and safety shall be the paramount concerns.
(3)Upon a determination pursuant to paragraph (1) of subdivision (e) of Section 361.5 that reasonable services will be offered to a parent who is incarcerated in a county jail or state prison, detained by the United States Department of Homeland Security, or deported to his or her country of origin, the case plan shall include information, to the extent possible, about a parents incarceration in a county jail or the state prison, detention by the United States Department of Homeland Security, or deportation during the time that a minor child of that parent is involved in dependency care.
(4)Reasonable services shall be offered or provided to make it possible for a child to return to a safe home environment, unless, pursuant to subdivisions (b) and (e) of Section 361.5, the court determines that reunification services shall not be provided.
(5)If reasonable services are not ordered, or are terminated, reasonable efforts shall be made to place the child in a timely manner in accordance with the permanent plan and to complete all steps necessary to finalize the permanent placement of the child.
(c)(1)If out-of-home placement is used to attain case plan goals, the case plan shall include a description of the type of home or institution in which the child is to be placed, and the reasons for that placement decision. The decision regarding choice of placement shall be based upon selection of a safe setting that is the least restrictive or most familylike and the most appropriate setting that is available and in close proximity to the parents home, proximity to the childs school, and consistent with the selection of the environment best suited to meet the childs special needs and best interests. The selection shall consider, in order of priority, placement with relatives, nonrelated extended family members, and tribal members; foster family homes and nontreatment certified homes of foster family agencies; followed by treatment and intensive treatment certified homes of foster family agencies; or multidimensional treatment foster care homes or therapeutic foster care homes; group care placements in the order of short-term residential treatment centers, group homes, community treatment facilities, and out-of-state residential treatment pursuant to Part 5 (commencing with Section 7900) of Division 12 of the Family Code.
(2)If a treatment placement is selected for a child, the case plan shall indicate the needs of the child that necessitate this placement, the plan for transitioning the child to a less restrictive environment, and the projected timeline by which the child will be transitioned to a less restrictive environment. This section of the case plan shall be reviewed and updated at least semiannually.
(A)The case plan for placements in a group home, or commencing January 1, 2017, in a short-term residential treatment center, shall indicate that the county has taken into consideration Section 16010.8.
(B)After January 1, 2016, if a treatment foster care placement, such as a treatment foster family agency, intensive treatment foster care, therapeutic foster care, or short-term residential treatment center, is being considered for the child or youth, a child and family team meeting as described in Sections 831 and 16501 shall be convened for the purpose of determining the appropriateness of the placement and whether there are any appropriate, less restrictive, and more family-like alternatives.
(3)On or after January 1, 2012, for a nonminor dependent, as defined in subdivision (v) of Section 11400, who is receiving AFDC-FC benefits up to 21 years of age pursuant to Section 11403, in addition to the above requirements, the selection of the placement, including a supervised independent living placement, as described in subdivision (w) of Section 11400, shall also be based upon the developmental needs of young adults by providing opportunities to have incremental responsibilities that prepare a nonminor dependent to transition to independent living. If admission to, or continuation in, a group home placement is being considered for a nonminor dependent, the group home placement approval decision shall include a youth-driven, team-based case planning process, as defined by the department, in consultation with stakeholders. The case plan shall consider the full range of placement options, and shall specify why admission to, or continuation in, a group home placement is the best alternative available at the time to meet the special needs or well-being of the nonminor dependent, and how the placement will contribute to the nonminor dependents transition to independent living. The case plan shall specify the treatment strategies that will be used to prepare the nonminor dependent for discharge to a less restrictive and more familylike setting, including a target date for discharge from the group home placement. The placement shall be reviewed and updated on a regular, periodic basis to ensure that continuation in the group home remains in the best interests of the nonminor dependent and that progress is being made in achieving case plan goals leading to independent living. The group home placement planning process shall begin as soon as it becomes clear to the county welfare department or probation office that a foster child in group home placement is likely to remain in group home placement on his or her 18th birthday, in order to expedite the transition to a less restrictive and more familylike setting if he or she becomes a nonminor dependent. The case planning process shall include informing the youth of all of his or her options, including, but not limited to, admission to or continuation in a group home placement. Consideration for continuation of existing group home placement for a nonminor dependent under 19 years of age may include the need to stay in the same placement in order to complete high school. After a nonminor dependent either completes high school or attains his or her 19th birthday, whichever is earlier, continuation in or admission to a group home is prohibited unless the nonminor dependent satisfies the conditions of paragraph (5) of subdivision (b) of Section 11403, and group home placement functions as a short-term transition to the appropriate system of care. Treatment services provided by the group home placement to the nonminor dependent to alleviate or ameliorate the medical condition, as described in paragraph (5) of subdivision (b) of Section 11403, shall not constitute the sole basis to disqualify a nonminor dependent from the group home placement.
(4)In addition to the requirements of paragraphs (1) to (3), inclusive, and taking into account other statutory considerations regarding placement, the selection of the most appropriate home that will meet the childs special needs and best interests shall also promote educational stability by taking into consideration proximity to the childs school of origin, and school attendance area, the number of school transfers the child has previously experienced, and the childs school matriculation schedule, in addition to other indicators of educational stability that the Legislature hereby encourages the State Department of Social Services and the State Department of Education to develop.
(d)A written case plan shall be completed within a maximum of 60 days of the initial removal of the child or of the in-person response required under subdivision (f) of Section 16501 if the child has not been removed from his or her home, or by the date of the dispositional hearing pursuant to Section 358, whichever occurs first. The case plan shall be updated, as the service needs of the child and family dictate. At a minimum, the case plan shall be updated in conjunction with each status review hearing conducted pursuant to Sections 364, 366, 366.3, and 366.31, and the hearing conducted pursuant to Section 366.26, but no less frequently than once every six months. Each updated case plan shall include a description of the services that have been provided to the child under the plan and an evaluation of the appropriateness and effectiveness of those services.
(1)It is the intent of the Legislature that extending the maximum time available for preparing a written case plan from 30 to 60 days will afford caseworkers time to actively engage families, and to solicit and integrate into the case plan the input of the child and the childs family, as well as the input of relatives and other interested parties.
(2)The extension of the maximum time available for preparing a written case plan from the 30 to 60 days shall be effective 90 days after the date that the department gives counties written notice that necessary changes have been made to the Child Welfare Services Case Management System to account for the 60-day timeframe for preparing a written case plan.
(e)The child welfare services case plan shall be comprehensive enough to meet the juvenile court dependency proceedings requirements pursuant to Article 6 (commencing with Section 300) of Chapter 2 of Part 1 of Division 2.
(f)The case plan shall be developed as follows:
(1)The case plan shall be based upon an assessment of the circumstances that required child welfare services intervention. The child shall be involved in developing the case plan as age and developmentally appropriate.
(2)The case plan shall identify specific goals and the appropriateness of the planned services in meeting those goals.
(3)The case plan shall identify the original allegations of abuse or neglect, as defined in Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the conditions cited as the basis for declaring the child a dependent of the court pursuant to Section 300, or all of these, and the other precipitating incidents that led to child welfare services intervention.
(4)The case plan shall include a description of the schedule of the placement agency contacts with the child and the family or other caretakers. The frequency of these contacts shall be in accordance with regulations adopted by the State Department of Social Services. If the child has been placed in foster care out of state, the county social worker or probation officer, or a social worker or probation officer on the staff of the agency in the state in which the child has been placed, shall visit the child in a foster family home or the home of a relative, consistent with federal law and in accordance with the departments approved state plan. For children in out-of-state group home facilities, visits shall be conducted at least monthly, pursuant to Section 16516.5. At least once every six months, at the time of a regularly scheduled placement agency contact with the foster child, the childs social worker or probation officer shall inform the child of his or her rights as a foster child, as specified in Section 16001.9. The social worker or probation officer shall provide the information to the child in a manner appropriate to the age or developmental level of the child.
(5)(A)When out-of-home services are used, the frequency of contact between the natural parents or legal guardians and the child shall be specified in the case plan. The frequency of those contacts shall reflect overall case goals, and consider other principles outlined in this section.
(B)Information regarding any court-ordered visitation between the child and the natural parents or legal guardians, and the terms and conditions needed to facilitate the visits while protecting the safety of the child, shall be provided to the childs out-of-home caregiver as soon as possible after the court order is made.
(6)When out-of-home placement is made, the case plan shall include provisions for the development and maintenance of sibling relationships as specified in subdivisions (b), (c), and (d) of Section 16002. If appropriate, when siblings who are dependents of the juvenile court are not placed together, the social worker for each child, if different, shall communicate with each of the other social workers and ensure that the childs siblings are informed of significant life events that occur within their extended family. Unless it has been determined that it is inappropriate in a particular case to keep siblings informed of significant life events that occur within the extended family, the social worker shall determine the appropriate means and setting for disclosure of this information to the child commensurate with the childs age and emotional well-being. These significant life events shall include, but shall not be limited to, the following:
(A)The death of an immediate relative.
(B)The birth of a sibling.
(C)Significant changes regarding a dependent child, unless the child objects to the sharing of the information with his or her siblings, including changes in placement, major medical or mental health diagnoses, treatments, or hospitalizations, arrests, and changes in the permanent plan.
(7)If out-of-home placement is made in a foster family home, group home, or other child care institution that is either a substantial distance from the home of the childs parent or out of state, the case plan shall specify the reasons why that placement is in the best interest of the child. When an out-of-state group home placement is recommended or made, the case plan shall, in addition, specify compliance with Section 7911.1 of the Family Code.
(8)Effective January 1, 2010, a case plan shall ensure the educational stability of the child while in foster care and shall include both of the following:
(A)An assurance that the placement takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement.
(B)An assurance that the placement agency has coordinated with the person holding the right to make educational decisions for the child and appropriate local educational agencies to ensure that the child remains in the school in which the child is enrolled at the time of placement or, if remaining in that school is not in the best interests of the child, assurances by the placement agency and the local educational agency to provide immediate and appropriate enrollment in a new school and to provide all of the childs educational records to the new school.
(9)(A)If out-of-home services are used, or if parental rights have been terminated and the case plan is placement for adoption, the case plan shall include a recommendation regarding the appropriateness of unsupervised visitation between the child and any of the childs siblings. This recommendation shall include a statement regarding the childs and the siblings willingness to participate in unsupervised visitation. If the case plan includes a recommendation for unsupervised sibling visitation, the plan shall also note that information necessary to accomplish this visitation has been provided to the child or to the childs siblings.
(B)Information regarding the schedule and frequency of the visits between the child and siblings, as well as any court-ordered terms and conditions needed to facilitate the visits while protecting the safety of the child, shall be provided to the childs out-of-home caregiver as soon as possible after the court order is made.
(10)If out-of-home services are used and the goal is reunification, the case plan shall describe the services to be provided to assist in reunification and the services to be provided concurrently to achieve legal permanency if efforts to reunify fail. The plan shall also consider in-state and out-of-state placements, the importance of developing and maintaining sibling relationships pursuant to Section 16002, and the desire and willingness of the caregiver to provide legal permanency for the child if reunification is unsuccessful.
(11)If out-of-home services are used, the child has been in care for at least 12 months, and the goal is not adoptive placement, the case plan shall include documentation of the compelling reason or reasons why termination of parental rights is not in the childs best interest. A determination completed or updated within the past 12 months by the department when it is acting as an adoption agency or by a licensed adoption agency that it is unlikely that the child will be adopted, or that one of the conditions described in paragraph (1) of subdivision (c) of Section 366.26 applies, shall be deemed a compelling reason.
(12)(A)Parents and legal guardians shall have an opportunity to review the case plan, and to sign it whenever possible, and then shall receive a copy of the plan. In a voluntary service or placement agreement, the parents or legal guardians shall be required to review and sign the case plan. Whenever possible, parents and legal guardians shall participate in the development of the case plan. Commencing January 1, 2012, for nonminor dependents, as defined in subdivision (v) of Section 11400, who are receiving AFDC-FC or CalWORKs assistance up to 21 years of age pursuant to Section 11403, the transitional independent living case plan, as set forth in subdivision (y) of Section 11400, shall be developed with, and signed by, the nonminor.
(B)Parents and legal guardians shall be advised that, pursuant to Section 1228.1 of the Evidence Code, neither their signature on the child welfare services case plan nor their acceptance of any services prescribed in the child welfare services case plan shall constitute an admission of guilt or be used as evidence against the parent or legal guardian in a court of law. However, they shall also be advised that the parents or guardians failure to cooperate, except for good cause, in the provision of services specified in the child welfare services case plan may be used in any hearing held pursuant to Section 366.21, 366.22, or 366.25 as evidence.
(13)A child shall be given a meaningful opportunity to participate in the development of the case plan and state his or her preference for foster care placement. A child who is 12 years of age or older and in a permanent placement shall also be given the opportunity to review the case plan, sign the case plan, and receive a copy of the case plan.
(14)The case plan shall be included in the court report and shall be considered by the court at the initial hearing and each review hearing. Modifications to the case plan made during the period between review hearings need not be approved by the court if the casework supervisor for that case determines that the modifications further the goals of the plan. If out-of-home services are used with the goal of family reunification, the case plan shall consider and describe the application of subdivision (b) of Section 11203.
(15)If the case plan has as its goal for the child a permanent plan of adoption or placement in another permanent home, it shall include a statement of the childs wishes regarding their permanent placement plan and an assessment of those stated wishes. The agency shall also include documentation of the steps the agency is taking to find an adoptive family or other permanent living arrangements for the child; to place the child with an adoptive family, an appropriate and willing relative, a legal guardian, or in another planned permanent living arrangement; and to finalize the adoption or legal guardianship. At a minimum, the documentation shall include child-specific recruitment efforts, such as the use of state, regional, and national adoption exchanges, including electronic exchange systems, when the child has been freed for adoption. If the plan is for kinship guardianship, the case plan shall document how the child meets the kinship guardianship eligibility requirements.
(16)(A)When appropriate, for a child who is 16 years of age or older and, commencing January 1, 2012, for a nonminor dependent, the case plan shall include the transitional independent living plan (TILP), a written description of the programs and services that will help the child, consistent with the childs best interests, to prepare for the transition from foster care to independent living, and, in addition, whether the youth has an in-progress application pending for Title XVI Supplemental Security Income benefits or for Special Immigrant Juvenile Status or other applicable application for legal residency and an active dependency case is required for that application. When appropriate, for a nonminor dependent, the transitional independent living case plan, as described in subdivision (v) of Section 11400, shall include the TILP, a written description of the programs and services that will help the nonminor dependent, consistent with his or her best interests, to prepare for transition from foster care and assist the youth in meeting the eligibility criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) Section 11403. If applicable, the case plan shall describe the individualized supervision provided in the supervised independent living placement as defined in subdivision (w) of Section 11400. The case plan shall be developed with the child or nonminor dependent and individuals identified as important to the child or nonminor dependent, and shall include steps the agency is taking to ensure that the child or nonminor dependent achieves permanence, including maintaining or obtaining permanent connections to caring and committed adults.
(B)During the 90-day period prior to the participant attaining 18 years of age or older as the state may elect under Section 475(8)(B)(iii) of the federal Social Security Act (42 U.S.C. Sec. 675(8)(B)(iii)), whether during that period foster care maintenance payments are being made on the childs behalf or the child is receiving benefits or services under Section 477 of the federal Social Security Act (42 U.S.C. Sec. 677), a caseworker or other appropriate agency staff or probation officer and other representatives of the participant, as appropriate, shall provide the youth or nonminor with assistance and support in developing the written 90-day transition plan, that is personalized at the direction of the child, information as detailed as the participant elects that shall include, but not be limited to, options regarding housing, health insurance, education, local opportunities for mentors and continuing support services, and workforce supports and employment services, a power of attorney for health care, and information regarding the advance health care directive form.
(C)For youth 16 years of age or older, the case plan shall include documentation that a consumer credit report was requested annually from each of the three major credit reporting agencies at no charge to the youth and that any results were provided to the youth. For nonminor dependents, the case plan shall include documentation that the county assisted the nonminor dependent in obtaining his or her reports. The case plan shall include documentation of barriers, if any, to obtaining the credit reports. If the consumer credit report reveals any accounts, the case plan shall detail how the county ensured the youth received assistance with interpreting the credit report and resolving any inaccuracies, including any referrals made for the assistance.
(g)If the court finds, after considering the case plan, that unsupervised sibling visitation is appropriate and has been consented to, the court shall order that the child or the childs siblings, the childs current caregiver, and the childs prospective adoptive parents, if applicable, be provided with information necessary to accomplish this visitation. This section does not require or prohibit the social workers facilitation, transportation, or supervision of visits between the child and his or her siblings.
(h)The case plan documentation on sibling placements required under this section shall not require modification of existing case plan forms until the Child Welfare Services Case Management System is implemented on a statewide basis.
(i)When a child is 10 years of age or older and has been in out-of-home placement for six months or longer, the case plan shall include an identification of individuals, other than the childs siblings, who are important to the child and actions necessary to maintain the childs relationship with those individuals, provided that those relationships are in the best interest of the child. The social worker or probation officer shall ask every child who is 10 years of age or older and who has been in out-of-home placement for six months or longer to identify individuals other than the childs siblings who are important to the child, and may ask any other child to provide that information, as appropriate. The social worker or probation officer shall make efforts to identify other individuals who are important to the child, consistent with the childs best interests.
(j)The childs caregiver shall be provided a copy of a plan outlining the childs needs and services. The nonminor dependents caregiver shall be provided with a copy of the nonminors TILP.
(k)On or before June 30, 2008, the department, in consultation with the County Welfare Directors Association of California and other advocates, shall develop a comprehensive plan to ensure that 90 percent of foster children are visited by their caseworkers on a monthly basis by October 1, 2011, and that the majority of the visits occur in the residence of the child. The plan shall include any data reporting requirements necessary to comply with the provisions of the federal Child and Family Services Improvement Act of 2006 (Public Law 109-288).
(l)The implementation and operation of the amendments to subdivision (i) enacted at the 200506 Regular Session shall be subject to appropriation through the budget process and by phase, as provided in Section 366.35.
SEC. 80.SEC. 90.Section 16519.5 of the Welfare and Institutions Code is amended to read:16519.5.(a)The State Department of Social Services, in consultation with county child welfare agencies, foster parent associations, and other interested community parties, shall implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, approving relatives and nonrelative extended family members as foster care providers, and approving adoptive families.
(b)(1)Counties shall be selected to participate on a voluntary basis as early implementation counties for the purpose of participating in the initial development of the approval process. Early implementation counties shall be selected according to criteria developed by the department in consultation with the County Welfare Directors Association. In selecting the five early implementation counties, the department shall promote diversity among the participating counties in terms of size and geographic location.
(2)Additional counties may participate in the early implementation of the program upon authorization by the department.
(c)(1)For the purposes of this chapter, resource family means an individual or couple that a participating county or foster family agency determines to have successfully met both the home approval standards and the permanency assessment criteria adopted pursuant to subdivision (d) necessary for providing care for a related or unrelated child who is under the jurisdiction of the juvenile court, or otherwise in the care of a county child welfare agency or probation department. A resource family shall demonstrate all of the following:
(A)An understanding of the safety, permanence, and well-being needs of children who have been victims of child abuse and neglect, and the capacity and willingness to meet those needs, including the need for protection, and the willingness to make use of support resources offered by the agency, or a support structure in place, or both.
(B)An understanding of childrens 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 childs case plan.
(D)The financial ability within the household to ensure the stability and financial security of the family.
(E)An ability and willingness to maintain the least restrictive and most familylike environment that serves the needs of the child.
(2)Subsequent to meeting the criteria set forth in this subdivision and designation as a resource family, a resource family shall be considered eligible to provide foster care for related and unrelated children in out-of-home placement, shall be considered approved for adoption or guardianship, and shall not have to undergo any additional approval or licensure as long as the family lives in a county participating in the program.
(3)Resource family assessment and approval means that the applicant meets the standard for home approval, and has successfully completed a permanency assessment. This approval is in lieu of the existing foster care license, relative or nonrelative extended family member approval, and the adoption home study approval.
(4)Approval of a resource family does not guarantee an initial or continued placement of a child with a resource family.
(d)Prior to implementation of this program, the department shall adopt standards pertaining to home approval and permanency assessment of a resource family.
(1)Resource family home approval standards shall include, but not be limited to, all of the following:
(A)(i)Criminal records clearance of all adults residing in the home, pursuant to Section 8712 of the Family Code, utilizing a check of the Child Abuse Central Index (CACI), a check of the Child Welfare Services/Case Management System (CWS/CMS), and receipt of a fingerprint-based state and federal criminal offender record information search response . The criminal history information shall include subsequent state and federal arrest and disposition notifications pursuant to Section 11105.2 of the Penal Code.
(ii)Consideration of any substantiated allegations of child abuse or neglect against either the applicant or any other adult residing in the home. An approval may not be granted to applicants whose criminal record indicates a conviction for any of the offenses specified in subdivision (g) of Section 1522 of the Health and Safety Code.
(iii)Exemptions from the criminal records clearance requirements set forth in this section may be granted by the director or the early implementation county, if that county has been granted permission by the director to issue criminal records exemptions pursuant to Section 361.4, using the exemption criteria currently used for foster care licensing as specified in subdivision (g) of Section 1522 of the Health and Safety Code.
(B)Buildings and grounds and storage requirements set forth in Sections 89387 and 89387.2 of Title 22 of the California Code of Regulations.
(C)In addition to the foregoing requirements, the resource family home approval standards shall also require the following:
(i)That the applicant demonstrate an understanding about the rights of children in care and his or her responsibility to safeguard those rights.
(ii)That the total number of children residing in the home of a resource family shall be no more than the total number of children the resource family can properly care for, regardless of status, and shall not exceed six children, unless exceptional circumstances that are documented in the foster childs case file exist to permit a resource family to care for more children, including, but not limited to, the need to place siblings together.
(iii)That the applicant understands his or her responsibilities with respect to acting as a reasonable and prudent parent, and maintaining the least restrictive and most familylike environment that serves the needs of the child.
(D)The results of a caregiver risk assessment are consistent with the factors listed in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (c). A caregiver risk assessment shall include, but not be limited to, physical and mental health, alcohol and other substance use and abuse, and family and domestic violence.
(2)The resource family permanency assessment standards shall include, but not be limited to, all of the following:
(A)The applicant shall complete caregiver training.
(B)The applicant shall complete a psychosocial evaluation.
(C)The applicant shall complete any other activities that relate to a resource familys ability to achieve permanency with the child.
(e)(1)A child may be placed with a resource family that has received home approval prior to completion of a permanency assessment only if a compelling reason for the placement exists based on the needs of the child.
(2)The permanency assessment shall be completed within 90 days of the childs placement in the approved home, unless good cause exists based upon the needs of the child.
(3)If additional time is needed to complete the permanency assessment, the county shall document the extenuating circumstances for the delay and generate a timeframe for the completion of the permanency assessment.
(4)The county shall report to the department on a quarterly basis the number of families with a child in an approved home whose permanency assessment goes beyond 90 days and summarize the reasons for these delays.
(5)A child may be placed with a relative, as defined in Section 319, or nonrelative extended family member, as defined in Section 362.7, prior to home approval and completion of the permanency assessment only on an emergency basis if all of the following requirements are met:
(A)Consideration of the results of a criminal records check conducted pursuant to Section 16504.5 of the relative or nonrelative extended family member and of every other adult in the home.
(B)Consideration of the results of the Child Abuse Central Index (CACI) consistent with Section 1522.1 of the Health and Safety Code of the relative or nonrelative extended family member, and of every other adult in the home.
(C)The home and grounds are free of conditions that pose undue risk to the health and safety of the child.
(D)For any placement made pursuant to this paragraph, the county shall initiate the home approval process no later than five business days after the placement, which shall include a face-to-face interview with the resource family applicant and child.
(E)For any placement made pursuant to this paragraph, AFDC-FC funding shall not be available until the home has been approved.
(F)Any child placed under this section shall be afforded all the rights set forth in Section 16001.9.
(f)The State Department of Social Services shall be responsible for all of the following:
(1)Selecting early implementation counties, based on criteria established by the department in consultation with the County Welfare Directors Association.
(2)Establishing timeframes for participating counties to submit an implementation plan, enter into terms and conditions for participation in the program, train appropriate staff, and accept applications from resource families.
(3)Entering into terms and conditions for participation in the program by counties.
(4)Administering the early implementation of the program through the issuance of written directives that shall have the same force and effect as regulations. Any directive affecting Article 1 (commencing with Section 700) of Chapter 7 of Title 11 of the California Code of Regulations shall be approved by the Department of Justice. The directives shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340)) of Part 1 of Division 3 of Title 2 of the Government Code.
(5)Approving and requiring the use of a single standard for resource family home approval and permanency assessment.
(6)Adopting and requiring the use of standardized documentation for the home approval and permanency assessment of resource families.
(7)Requiring counties to monitor resource families including, but not limited to, all of the following:
(A)Investigating complaints of resource families.
(B)Developing and monitoring resource family corrective action plans to correct identified deficiencies and to rescind resource family approval if compliance with corrective action plans is not achieved.
(8)Ongoing oversight and monitoring of county systems and operations including all of the following:
(A)Reviewing the countys implementation of the program.
(B)Reviewing an adequate number of approved resource families in each participating county to ensure that approval standards are being properly applied. The review shall include case file documentation, and may include onsite inspection of individual resource families. The review shall occur on an annual basis, and more frequently if the department becomes aware that a participating county is experiencing a disproportionate number of complaints against individual resource family homes.
(C)Reviewing county reports of serious complaints and incidents involving approved resource families, as determined necessary by the department. The department may conduct an independent review of the complaint or incident and change the findings depending on the results of its investigation.
(D)Investigating unresolved complaints against participating counties.
(E)Requiring corrective action of counties that are not in full compliance with the terms and conditions of the program.
(9)Preparing or having prepared, and submitting to the Legislature, a report on the results of the initial phase of implementation of the program. The report shall include all of the following:
(A)An analysis, utilizing available data, of state and federal data indicators related to the length of time to permanency including reunification, guardianship and adoption, child safety factors, and placement stability.
(B)An analysis of resource family recruitment and retention elements, including resource family satisfaction with approval processes and changes regarding the population of available resource families.
(C)An analysis of cost, utilizing available data, including funding sources.
(D)An analysis of regulatory or statutory barriers to implementing the program on a statewide basis.
(g)Counties participating in the program shall be responsible for all of the following:
(1)Submitting an implementation plan, entering into terms and conditions for participation in the program, consulting with the county probation department in the development of the implementation plan, training appropriate staff, and accepting applications from resource families within the timeframes established by the department.
(2)Complying with the written directives pursuant to paragraph (4) of subdivision (f).
(3)Implementing the requirements for resource family home approval and permanency assessment and utilizing standardized documentation established by the department.
(4)(A)Ensuring staff have the education and experience necessary to complete the home approval and permanency assessment competently.
(B)A county may contract with a licensed adoption agency to complete the permanency assessment. A permanency assessment completed by a licensed adoption agency shall be reviewed and approved by the county.
(5)Approving and denying resource family applications, including all of the following:
(A)Rescinding home approvals and resource family approvals where appropriate, consistent with the established standard.
(B)Providing an applicant and disapproved resource family requesting review of that decision with due process pursuant to the departments regulations.
(C)Notifying the department of any decisions denying a resource familys application or rescinding the approval of a resource family.
(6)Updating resource family approval annually.
(7)Monitoring resource families through all of the following:
(A)Ensuring that social workers who identify a condition in the home that may not meet the approval standards set forth in subdivision (d) while in the course of a routine visit to children placed with a resource family take appropriate action as needed.
(B)Requiring resource families to comply with corrective action plans as necessary to correct identified deficiencies. If corrective action is not completed as specified in the plan, the county may rescind the resource family approval.
(C)Requiring resource families to report to the county child welfare agency any incidents consistent with the reporting requirements for licensed foster family homes.
(8)Investigating all complaints against a resource family and taking action as necessary. This shall include investigating any incidents reported about a resource family indicating that the approval standard is not being maintained.
(A)The childs social worker shall not conduct the formal investigation into the complaint received concerning a family providing services under the standards required by subdivision (d). To the extent that adequate resources are available, complaints shall be investigated by a worker who did not initially perform the home approval or permanency assessment.
(B)Upon conclusion of the complaint investigation, the final disposition shall be reviewed and approved by a supervising staff member.
(C)The department shall be notified of any serious incidents or serious complaints or any incident that falls within the definition of Section 11165.5 of the Penal Code. If those incidents or complaints result in an investigation, the department shall also be notified as to the status and disposition of that investigation.
(9)Performing corrective action as required by the department.
(10)Assessing county performance in related areas of the California Child and Family Services Review System, and remedying problems identified.
(11)Submitting information and data that the department determines is necessary to study, monitor, and prepare the report specified in paragraph (9) of subdivision (f).
(12)Ensuring that resource families have the necessary knowledge, skills, and abilities to support children in foster care by completing caregiver training. The training should include a curriculum that supports the role of a resource family in parenting vulnerable children and should be ongoing in order to provide resource families with information on new practices and changes within the foster care system.
(13)Ensuring that a resource family applicant completes a minimum number of training hours, as prescribed. The training shall include, but not be limited to, all of the following training courses:
(A)An overview of the child protective system.
(B)The effects of child abuse and neglect on child development.
(C)Positive discipline and the importance of self-esteem.
(D)Health issues in foster care, including the administration of psychotropic and other medications.
(E)Accessing education and health services available to foster children.
(F)The rights of a child in foster care, and the foster parents responsibility to safeguard those rights, including the right to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(G)Cultural needs of children, including instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(H)Basic instruction on existing laws and procedures regarding the safety of foster youth at school; and ensuring a harassment and violence free school environment pursuant to the California Student Safety and Violence Prevention Act of 2000 (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).
(I)Permanence and well-being needs of children.
(J)Child and adolescent development.
(K)The role of foster parents, including working cooperatively with the child welfare agency, the childs family, and other service providers implementing the case plan.
(L)A foster parents responsibility to act as a reasonable and prudent parent; and to maintain the least restrictive, most family-like environment that serves the needs of the child.
(14)Ensuring approved resource families complete a minimum number of training hours annually, as prescribed. The annual training shall include, but not be limited to, all of the following training courses:
(A)Age-appropriate child development.
(B)Health issues in foster care, including the administration of psychotropic and other medications.
(C)Positive discipline and the importance of self-esteem.
(D)Emancipation and independent living skills if a foster parent is caring for youth.
(E)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(F)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(h)(1)Approved relatives and nonrelative extended family members, licensed foster family homes, or approved adoptive homes that have completed the license or approval process prior to full implementation of the program shall not be considered part of the program. The otherwise applicable assessment and oversight processes shall continue to be administered for families and facilities not included in the program.
(2) Upon implementation of the program in a county, that county may not accept new applications for the licensure of foster family homes, the approval of relative and nonrelative extended family members, or the approval of prospective adoptive homes.
(i)The department may waive regulations that pose a barrier to implementation and operation of this program. The waiver of any regulations by the department pursuant to this section shall apply to only those counties or foster family agencies participating in the program and only for the duration of the program.
(j)Resource families approved under initial implementation of the program, who move within an early implementation county or who move to another early implementation county, shall retain their resource family status if the new building and grounds, outdoor activity areas, and storage areas meet home approval standards. The State Department of Social Services or early implementation county may allow a program-affiliated individual to transfer his or her subsequent arrest notification if the individual moves from one early implementation county to another early implementation county, as specified in subdivision (h) of Section 1522 of the Health and Safety Code.
(k)(1)The approval of a resource family who moves to a nonparticipating county remains in full force and effect pending a determination by the county approval agency or the department, as appropriate, whether the new building and grounds and storage areas meet applicable standards, and whether all adults residing in the home have a criminal records clearance or exemptions granted, using the exemption criteria used for foster care licensing, as specified in subdivision (g) of Section 1522 of the Health and Safety Code. Upon this determination, the nonparticipating county shall either approve the family as a relative or nonrelative extended family member, as applicable, or the department shall license the family as a foster family home.
(2)Subject to the requirements in paragraph (1), the family shall continue to be approved for guardianship and adoption. Nothing in this subdivision shall limit a county or adoption agency from determining that the family is not approved for guardianship or adoption based on changes in the familys circumstances or permanency assessment.
(3)A program-affiliated individual who moves to a nonparticipating county may not transfer his or her subsequent arrest notification from a participating county to the nonparticipating county.
(l)Implementation of the program shall be contingent upon the continued availability of federal Social Security Act Title IV-E (42 U.S.C. Sec. 670) funds for costs associated with placement of children with resource families assessed and approved under the program.
(m)A child placed with a resource family shall be eligible for AFDC-FC payments. A resource family, or a foster family agency pursuant to subdivisions (q) and (r), shall be paid an AFDC-FC rate pursuant to Sections 11460, 11461, and 11463. Sharing ratios for nonfederal expenditures for all costs associated with activities related to the approval of relatives and nonrelative extended family members shall be in accordance with Section 10101.
(n)The Department of Justice shall charge fees sufficient to cover the cost of initial or subsequent criminal offender record information and Child Abuse Central Index searches, processing, or responses, as specified in this section.
(o)Approved resource families under this program shall be exempt from all of the following:
(1)Licensure requirements set forth under the Community Care Facilities Act, commencing with Section 1500 of the Health and Safety Code, and all regulations promulgated thereto.
(2)Relative and nonrelative extended family member approval requirements set forth under Sections 309, 361.4, and 362.7, and all regulations promulgated thereto.
(3)Adoptions approval and reporting requirements set forth under Section 8712 of the Family Code, and all regulations promulgated thereto.
(p)Early implementation counties shall be authorized to continue through the end of the 201617 fiscal year, or through the end of the third full fiscal year following the date that counties commence implementation, whichever of these dates is later. The program is authorized in all counties effective July 1, 2017. The program shall be implemented by each county on or before July 1, 2019.
(q)Notwithstanding any other law, on and after July 1, 2017, a licensed foster family agency shall require a certified family home applicant to meet the resource family approval standards and requirements set forth in this chapter and in the written directives adopted pursuant to paragraph (4) of subdivision (f), prior to approval.
(r)No later than July 1, 2017, the department may establish participation conditions, and select and authorize a foster family agency that voluntarily submits an implementation plan and revised plan of operation in accordance with requirements established by the department, to approve resource families in lieu of certifying foster homes.
(1)Except for subdivision (g), a participating foster family agency shall comply with the resource family approval standards set forth in this chapter and in the written directives issued pursuant to paragraph (4) of subdivision (f).
(2)Notwithstanding any other law, the department shall enforce the resource family approval standards and requirements set forth in this chapter and in the written directives issued pursuant to paragraph (4) of subdivision (f) against a participating foster family agency. In the event of any conflict with the Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code), this section shall be controlling. This subdivision does not impose any new responsibilities upon the counties as described in subdivision (g).
(3)Nothing in this subdivision shall limit the departments authority to take administrative action against a foster family agency or a certified family home of a foster family agency. For purposes of Article 5 of Chapter 3 of Division 2 of the Health and Safety Code, a certified family home includes a resource family approved by a foster family agency pursuant to this subdivision.
(4)The department may adjust the foster family agency AFDC-FC rate pursuant to Section 11463 for implementation of this subdivision.
SEC. 81.SEC. 91.Section 16519.52 is added to the Welfare and Institutions Code, to read:16519.52.(a)A resource family may install and use delayed egress devices of the time delay type in the home of the resource family.
(b)As used in this section, delayed egress device means a device that precludes the use of exits for a predetermined period of time. These devices shall not delay any residents departure from the home for longer than 30 seconds.
(c)Within the 30 seconds of delay, a resource family may attempt to redirect a resident who attempts to leave the home.
(d)Any person accepted by a resource family using delayed egress devices in the home shall meet all of the following conditions:
(1)The person shall have a developmental disability, as defined in Section 4512.
(2)The person shall be receiving services and case management from a regional center under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)).
(3)An interdisciplinary team, through the Individual Program Plan (IPP) process pursuant to Section 4646.5, shall have determined that the person lacks hazard awareness or impulse control and requires the level of supervision afforded by a resource family in a home equipped with delayed egress devices, and that, but for this placement, the person would be at risk of admission to, or would have no option but to remain in, a more restrictive state hospital or state developmental center placement.
(e)The home shall be subject to all fire and building codes, regulations, and standards applicable to residential care facilities for the elderly utilizing delayed egress devices, and shall receive approval by the county or city fire department, the local fire prevention district, or the State Fire Marshal for the installed delayed egress devices.
(f)The resource family shall provide training regarding the use and operation of the egress control devices used by any person caring for a resident, protection of residents personal rights, lack of hazard awareness and impulse control behavior, and emergency evacuation procedures.
(g)The resource family shall develop a plan of operation that is authorized by the approving county and includes a description of how the home is to be equipped with egress control devices that are consistent with regulations adopted by the State Fire Marshal pursuant to Section 13143 of the Health and Safety Code.
(h)The plan shall include, but shall not be limited to, all of the following:
(1)A description of how the resource family will provide training for persons caring for a resident regarding the use and operation of the egress control devices used in the home.
(2)A description of how the resource family will ensure the protection of the residents personal rights consistent with Sections 4502, 4503, and 4504.
(3)A description of how the resource family will manage the persons lack of hazard awareness and impulse control behavior.
(4)A description of the resource familys emergency evacuation procedures.
(i)Delayed egress devices shall not substitute for adequate supervision. The capacity of the home shall not exceed six residents.
(j)Emergency fire and earthquake drills shall be conducted at least once every three months, and shall include all persons providing resident care and supervision.
SEC. 82.SEC. 92.Section 16519.53 is added to the Welfare and Institutions Code, to read:16519.53.(a)A resource family shall be authorized to administer emergency medical assistance and injections for severe diabetic hypoglycemia and anaphylactic shock to a foster child in placement in accordance with subdivision (a) of Section 1507.25 of the Health and Safety Code.
(b)A resource family shall be authorized to administer subcutaneous injections of other medications, including insulin, as prescribed by a childs physician, to a foster child in placement in accordance with subdivision (b) of Section 1507.25 of the Health and Safety Code.
SEC. 83.SEC. 93.Section 16519.54 is added to the Welfare and Institutions Code, to read:16519.54.Notwithstanding any other law, a resource family shall not be subject to civil penalties imposed pursuant to the Community Care Facilities Care Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code).
SEC. 84.SEC. 94.Section 16519.55 is added to the Welfare and Institutions Code, to read:16519.55.(a)Subject to subdivision (b), to encourage the recruitment of resource families, to protect their personal privacy, and to preserve the security of confidentiality of the placements with resource families, the names, addresses, and other identifying information of resource families shall be considered personal information for purposes of the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). This information shall not be disclosed by any state or local agency pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), except as necessary for administering the resource family approval program, facilitating the placement of children with resource families, and providing names and addresses only to bona fide professional foster parent organizations upon request.
(b)The department, a county, or a foster family agency may request information from, or divulge information to, the department, a county, or a foster family agency, regarding a prospective resource family for the purpose of and as necessary to conduct a reference check to determine whether it is safe and appropriate to approve an applicant to be a resource family.
SEC. 85.SEC. 95.Section 18251 of the Welfare and Institutions Code is amended to read:18251.As used in this chapter:
(a)County means each county participating in an individualized or wraparound services program.
(b)County placing agency means a county welfare or probation department, or a county mental health department.
(c)Eligible child means a child or nonminor dependent, as described in subdivision (v) of Section 11400, who is any of the following:
(1)A child or nonminor dependent who has been adjudicated as either a dependent, transition dependent, or ward of the juvenile court pursuant to Section 300, 450, 601, or 602 and who would be placed in a group home licensed by the department at a rate classification level of 10 or higher, or commencing January 1, 2017, would be placed in a short-term residential treatment center.
(2)A child or nonminor dependent who is currently, or who would be, placed in a group home licensed by the department at a rate classification level of 10 or higher, or commencing January 1, 2017, would be placed in a short-term residential treatment center.
(3)A child who is eligible for adoption assistance program benefits when the responsible public agency has approved the provision of wraparound services in lieu of out-of-home placement care at a rate classification level of 10 or higher, or commencing January 1, 2017, would be placed in a short-term residential treatment center.
(d)Wraparound services means community-based intervention services that emphasize the strengths of the child and family and includes the delivery of coordinated, highly individualized unconditional services to address needs and achieve positive outcomes in their lives.
(e)Service allocation slot means a specified amount of funds available to the county to pay for an individualized intensive wraparound services package for an eligible child. A service allocation slot may be used for more than one child on a successive basis.
SEC. 86.SEC. 96.Section 18254 of the Welfare and Institutions Code is amended to read:18254.(a)Rates for wraparound services, under the wraparound services program, shall be based on the following factors:
(1)The average cost of rate classification 10 to 11 in each county, minus the cost of any concurrent out-of-home placement, for children who are or would be placed in a rate level 10 or 11 group home.
(2)The average cost of rate classification 12 to 14 in each county, minus the cost of any concurrent out-of-home placement, for children who are or would be placed in a rate level 12 to 14 group home.
(b)(1)Prior to the 201112 fiscal year, the department shall reimburse each county, for the purpose of providing intensive wraparound services, up to 100 percent of the state share of nonfederal funds, to be matched by each countys share of cost as established by law, and to the extent permitted by federal law, up to 100 percent of the federal funds allocated for group home placements of eligible children, at the rate authorized pursuant to subdivision (a).
(2)Beginning in the 201112 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
(c)County, and to the extent permitted by federal law, federal, foster care funds shall remain with the administrative authority of the county, which may enter into an interagency agreement to transfer those funds, and shall be used to provide intensive wraparound services.
(d)Costs for the provision of benefits to eligible children, at rates authorized by subdivision (a), through the wraparound services program authorized by this chapter, shall not exceed the costs which would otherwise have been incurred had the eligible children been placed in a group home.
(e)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 87.SEC. 97.Section 18254 is added to the Welfare and Institutions Code, to read:18254.(a)Commencing January 1, 2017, the rate for wraparound services, under the wraparound services program, shall be eight thousand five hundred seventy-three dollars ($8,573), based on the average cost of rate classification levels 10.5 and 13 in effect for the 201415 fiscal year.
(1)The rate was determined by using the existing rates determined for the 201415 fiscal year for rate classification levels 10.5 and 13.
(A)Combining and calculating the average of the two.
(B)Minus the cost of any concurrent out-of-home placement for children who are or would be placed in a rate classification level 10 to 11 and 12 to 14 group home, respectively.
(b)For each fiscal year, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
(c)County and federal foster care funds, to the extent permitted by federal law, shall remain with the administrative authority of the county, which may enter into an interagency agreement to transfer those funds, and shall be used to provide intensive wraparound services.
(d)Costs for the provision of benefits to eligible children, at rates authorized by subdivision (a), through the wraparound services program authorized by this chapter, shall not exceed the costs that otherwise would have been incurred had the eligible children been placed in a short-term residential treatment center.
(e)Commencing January 1, 2018, and each January 1 thereafter, an annual cost-of-living increase shall be applied to the wraparound rate, subject to the availability of county funds, equal to the California Necessities Index used in the preparation of the May Revision for the current fiscal year. This adjustment is not a reimbursable mandate pursuant to Section 30026.5 of the Government Code.
SEC. 88.SEC. 98.(a)The State Department of Social Services and the State Department of Health Care Services shall adopt regulations as required to implement the provisions of this act.
(b)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the departments identified in subdivision (a) may implement and administer the changes made by this legislation through all-county letters or similar written instructions until regulations are adopted.
SEC. 99.The State Department of Social Services shall work with counties that operate shelters, probation agencies, homeless shelter providers, residential education providers, and others to identify jointly developed alternative timeframes or criteria to be met in order to address the unique circumstances and needs of the populations they serve, while remaining consistent with the principles of this act.
SEC. 89.SEC. 100.The Legislature finds and declares that Section 85 94 of this act, which adds Section 16519.55 to the Welfare and Institutions Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to encourage the recruitment of resource families, to protect their personal privacy, and to preserve the security of confidentiality of the placements with resource families, it is necessary that the names, addresses, and other identifying information of resource families not be disclosed by any state or local agency pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), except as necessary for administering the resource family approval program, facilitating the placement of children with resource families, and providing names and addresses only to bona fide professional foster parent organizations upon request.
SEC. 90.SEC. 101.Except as required by Section 36 of Article XIII of the California Constitution, no reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs because, in that regard, this act implements a federal law or regulation and results in costs mandated by the federal government, within the meaning of Section 17556 of the Government Code.
No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
With regard to other costs, to the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state nor otherwise be subject to Section 6 of Article XIII B of the California Constitution.
It is the intent of the Legislature in adopting this act to improve Californias child welfare system and its outcomes by using comprehensive initial child assessments, increasing the use of home-based family care and the provision of services and supports to home-based family care, reducing the use of congregate care placement settings, and creating faster paths to permanency resulting in shorter durations of involvement in the child welfare and juvenile justice systems. These changes, along with other provisions in this act, require initial investments in the child welfare system. When implemented, the act will reduce overall costs to local agencies and allow local savings to be reinvested in child welfare. The Legislature therefore intends that funding beginning with the 201516 fiscal year for the initial implementation of this act be short term. Because the act will result in overall fiscal savings to local agencies, the act shall not have the overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Public Safety Realignment. The act therefore will not require the state to provide annual funding described in Section 36 of Article XIII of the California Constitution after the state provides short-term funding for local agencies initial implementation of the act.
SEC. 2.Section 7911 of the Family Code is amended to read:7911.The Legislature finds and declares all of the following:
(a)The health and safety of California children placed by a county social services agency or probation department out of state pursuant to the provisions of the Interstate Compact on the Placement of Children are a matter of statewide concern.
(b)The Legislature therefore affirms its intention that the State Department of Social Services has full authority to require an assessment and placement recommendation by a county multidisciplinary team prior to placement of a child in an out-of-state group home, to investigate allegations of child abuse or neglect of minors so placed, and to ensure that out-of-state group homes, accepting California children, meet all California group home licensing standards. The Legislature also affirms its intention that, on and after January 1, 2017, the licensing standards applicable to out-of-state group homes shall apply to short-term residential treatment centers operated in this state.
(c)This section is declaratory of existing law with respect to the Governors designation of the State Department of Social Services to act as the compact administrator and of that department to act as the single state agency charged with supervision of public social services under Section 10600 of the Welfare and Institutions Code.
SEC. 3.Section 7911.1 of the Family Code is amended to read:7911.1.(a)Notwithstanding any other law, the State Department of Social Services or its designee shall investigate any threat to the health and safety of children placed by a California county social services agency or probation department in an out-of-state group home pursuant to the provisions of the Interstate Compact on the Placement of Children. This authority shall include the authority to interview children or staff in private or review their file at the out-of-state facility or wherever the child or files may be at the time of the investigation. Notwithstanding any other law, the State Department of Social Services or its designee shall require certified out-of-state group homes to comply with the reporting requirements applicable to group homes licensed in California pursuant to Title 22 of the California Code of Regulations for each child in care regardless of whether he or she is a California placement, by submitting a copy of the required reports to the Compact Administrator within regulatory timeframes. The Compact Administrator within one business day of receiving a serious events report shall verbally notify the appropriate placement agencies and within five working days of receiving a written report from the out-of-state group home, forward a copy of the written report to the appropriate placement agencies.
(b)Any contract, memorandum of understanding, or agreement entered into pursuant to paragraph (b) of Article 5 of the Interstate Compact on the Placement of Children regarding the placement of a child out of state by a California county social services agency or probation department shall include the language set forth in subdivision (a).
(c)(1)The State Department of Social Services or its designee shall perform initial and continuing inspection of out-of-state group homes in order to either certify that the out-of-state group home meets all licensure standards required of group homes operated in California or that the department has granted a waiver to a specific licensing standard upon a finding that there exists no adverse impact to health and safety. Any
(2)On and after January 1, 2017, the licensure standards applicable to out-of-state group homes described in paragraph (1) shall apply to short-term residential treatment centers operated in this state.
(3)Any failure by an out-of-state group home facility to make children or staff available as required by subdivision (a) for a private interview or make files available for review shall be grounds to deny or discontinue the certification. The State Department of Social Services shall grant or deny an initial certification or a waiver under this subdivision to an out-of-state group home facility that has more than six California children placed by a county social services agency or probation department by August 19, 1999. The department shall grant or deny an initial certification or a waiver under this subdivision to an out-of-state group home facility that has six or fewer California children placed by a county social services agency or probation department by February 19, 2000. Certifications made pursuant to this subdivision shall be reviewed annually.
(d)Within six months of the effective date of this section, a county shall be required to obtain an assessment and placement recommendation by a county multidisciplinary team for each child in an out-of-state group home facility. On or after March 1, 1999, a county shall be required to obtain an assessment and placement recommendation by a county multidisciplinary team prior to placement of a child in an out-of-state group home facility.
(e)Any failure by an out-of-state group home to obtain or maintain its certification as required by subdivision (c) shall preclude the use of any public funds, whether county, state, or federal, in the payment for the placement of any child in that out-of-state group home, pursuant to the Interstate Compact on the Placement of Children.
(f)(1)A multidisciplinary team shall consist of participating members from county social services, county mental health, county probation, county superintendents of schools, and other members as determined by the county.
(2)Participants shall have knowledge or experience in the prevention, identification, and treatment of child abuse and neglect cases, and shall be qualified to recommend a broad range of services related to child abuse or neglect.
(g)(1)The department may deny, suspend, or discontinue the certification of the out-of-state group home if the department makes a finding that the group home is not operating in compliance with the requirements of subdivision (c).
(2)Any judicial proceeding to contest the departments 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 departments certification under this section.
SEC. 4.Section 7912 of the Family Code is amended to read:7912.(a)The Legislature finds and declares that the health and safety of children in out-of-state group home care pursuant to the Interstate Compact on the Placement of Children is a matter of statewide concern. The Legislature therefore affirms its intention that children placed by a county social services agency or probation department in out-of-state group homes be accorded the same personal rights and safeguards of a child placed in a California group home. This section is in clarification of existing law.
(b)(1)The Compact Administrator may temporarily suspend any new placements in an out-of-state group home, for a period not to exceed 100 days, pending the completion of an investigation, pursuant to subdivision (a) of Section 7911.1, regarding a threat to the health and safety of children in care. During any suspension period the department or its designee shall have staff daily onsite at the out-of-state group home.
(2)On and after January 1, 2017, the licensing standards applicable to out-of-state group homes shall apply to short-term residential treatment centers operated in this state.
SEC. 5.Section 6276.38 of the Government Code is amended to read:6276.38.Radioactive materials, dissemination of information about transportation of, Section 33002, Vehicle Code.
Railroad infrastructure protection program, disclosure not required for risk assessments filed with the Public Utilities Commission, the Director of Emergency Services, or the Office of Emergency Services, Section 6254.23.
Real estate broker, annual report to Bureau of Real Estate of financial information, confidentiality of, Section 10232.2, Business and Professions Code.
Real property, acquisition by state or local government, information relating to feasibility, subdivision (h), Section 6254.
Real property, change in ownership statement, confidentiality of, Section 27280.
Records described in Section 1620 of the Penal Code.
Records of contract purchasers, inspection by public prohibited, Section 85, Military and Veterans Code.
Records of persons committed to a state hospital pursuant to Section 4135 of the Welfare and Institutions Code.
Registered public obligations, inspection of records of security interests in, Section 5060.
Registration of exempt vehicles, nondisclosure of name of person involved in alleged violation, Section 5003, Vehicle Code.
Rehabilitation, Department of, confidential information, Section 19016, Welfare and Institutions Code.
Reinsurance intermediary-broker license information, confidentiality of, Section 1781.3, Insurance Code.
Relocation assistance, confidential records submitted to a public entity by a business or farm operation, Section 7262.
Rent control ordinance, confidentiality of information concerning accommodations sought to be withdrawn from, Section 7060.4.
Report of probation officer, inspection, copies, Section 1203.05, Penal Code.
Repossession agency licensee application, confidentiality of information, Sections 7503, 7504, and 7506.5, Business and Professions Code.
Reproductive health facilities, disclosure not required for personal information regarding employees, volunteers, board members, owners, partners, officers, and contractors of a reproductive health services facility who have provided requisite notification, Section 6254.18.
Residence address in any record of Department of Housing and Community Development, confidentiality of, Section 6254.1.
Residence address in any record of Department of Motor Vehicles, confidentiality of, Section 6254.1, Government Code, and Section 1808.21, Vehicle Code.
Residence and mailing addresses in records of Department of Motor Vehicles, confidentiality of, Section 1810.7, Vehicle Code.
Residential care facilities, confidentiality of resident information, Section 1568.08, Health and Safety Code.
Residential care facilities for the elderly, confidentiality of client information, Section 1569.315, Health and Safety Code.
Resource families, identifying information, Section 16519.55, Welfare and Institutions Code.
Respiratory care practitioner, professional competency examination reports, confidentiality of, Section 3756, Business and Professions Code.
Restraint of trade, civil action by district attorney, confidential memorandum, Section 16750, Business and Professions Code.
Reward by Governor for information leading to arrest and conviction, confidentiality of person supplying information, Section 1547, Penal Code.
Safe surrender site, confidentiality of information pertaining to a parent or individual surrendering a child, Section 1255.7, Health and Safety Code.
SEC. 6.Section 1502 of the Health and Safety Code is amended to read:1502.As used in this chapter:
(a)Community care facility means any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and includes the following:
(1)Residential facility means any family home, group care facility, or similar facility determined by the director, for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.
(2)Adult day program means any community-based facility or program that provides care to persons 18 years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of these individuals on less than a 24-hour basis.
(3)Therapeutic day services facility means any facility that provides nonmedical care, counseling, educational or vocational support, or social rehabilitation services on less than a 24-hour basis to persons under 18 years of age who would otherwise be placed in foster care or who are returning to families from foster care. Program standards for these facilities shall be developed by the department, pursuant to Section 1530, in consultation with therapeutic day services and foster care providers.
(4)Foster family agency means any public agency or private organization engaged in the recruiting, certifying, and training of, and providing professional support to, foster parents, or in finding homes or other places for placement of children for temporary or permanent care who require that level of care as an alternative to a group home or short-term residential treatment center. Private foster family agencies shall be organized and operated on a nonprofit basis.
(5)Foster family home means any residential facility providing 24-hour care for six or fewer foster children that is owned, leased, or rented and is the residence of the foster parent or parents, including their family, in whose care the foster children have been placed. The placement may be by a public or private child placement agency or by a court order, or by voluntary placement by a parent, parents, or guardian. It also means a foster family home described in Section 1505.2.
(6)Small family home means any residential facility, in the licensees family residence, that provides 24-hour care for six or fewer foster children who have mental disorders or developmental or physical disabilities and who require special care and supervision as a result of their disabilities. A small family home may accept children with special health care needs, pursuant to subdivision (a) of Section 17710 of the Welfare and Institutions Code. In addition to placing children with special health care needs, the department may approve placement of children without special health care needs, up to the licensed capacity.
(7)Social rehabilitation facility means any residential facility that provides social rehabilitation services for no longer than 18 months in a group setting to adults recovering from mental illness who temporarily need assistance, guidance, or counseling. Program components shall be subject to program standards pursuant to Article 1 (commencing with Section 5670) of Chapter 2.5 of Part 2 of Division 5 of the Welfare and Institutions Code.
(8)Community treatment facility means any residential facility that provides mental health treatment services to children in a group setting and that has the capacity to provide secure containment. Program components shall be subject to program standards developed and enforced by the State Department of Health Care Services pursuant to Section 4094 of the Welfare and Institutions Code.
Nothing in this section shall be construed to prohibit or discourage placement of persons who have mental or physical disabilities into any category of community care facility that meets the needs of the individual placed, if the placement is consistent with the licensing regulations of the department.
(9)Full-service adoption agency means any licensed entity engaged in the business of providing adoption services, that does all of the following:
(A)Assumes care, custody, and control of a child through relinquishment of the child to the agency or involuntary termination of parental rights to the child.
(B)Assesses the birth parents, prospective adoptive parents, or child.
(C)Places children for adoption.
(D)Supervises adoptive placements.
Private full-service adoption agencies shall be organized and operated on a nonprofit basis. As a condition of licensure to provide intercountry adoption services, a full-service adoption agency shall be accredited and in good standing according to Part 96 of Title 22 of the Code of Federal Regulations, or supervised by an accredited primary provider, or acting as an exempted provider, in compliance with Subpart F (commencing with Section 96.29) of Part 96 of Title 22 of the Code of Federal Regulations.
(10)Noncustodial adoption agency means any licensed entity engaged in the business of providing adoption services, that does all of the following:
(A)Assesses the prospective adoptive parents.
(B)Cooperatively matches children freed for adoption, who are under the care, custody, and control of a licensed adoption agency, for adoption, with assessed and approved adoptive applicants.
(C)Cooperatively supervises adoptive placements with a full-service adoptive agency, but does not disrupt a placement or remove a child from a placement.
Private noncustodial adoption agencies shall be organized and operated on a nonprofit basis. As a condition of licensure to provide intercountry adoption services, a noncustodial adoption agency shall be accredited and in good standing according to Part 96 of Title 22 of the Code of Federal Regulations, or supervised by an accredited primary provider, or acting as an exempted provider, in compliance with Subpart F (commencing with Section 96.29) of Part 96 of Title 22 of the Code of Federal Regulations.
(11)Transitional shelter care facility means any group care facility that provides for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. Program components shall be subject to program standards developed by the State Department of Social Services pursuant to Section 1502.3.
(12)Transitional housing placement provider means an organization licensed by the department pursuant to Section 1559.110 and Section 16522.1 of the Welfare and Institutions Code to provide transitional housing to foster children at least 16 years of age and not more than 18 years of age, and nonminor dependents, as defined in subdivision (v) of Section 11400 of the Welfare and Institutions Code, to promote their transition to adulthood. A transitional housing placement provider shall be privately operated and organized on a nonprofit basis.
(13)Group home means a residential facility that provides 24-hour care and supervision to children, delivered at least in part by staff employed by the licensee in a structured environment. The care and supervision provided by a group home shall be nonmedical, except as otherwise permitted by law.
(14)Runaway and homeless youth shelter means a group home licensed by the department to operate a program pursuant to Section 1502.35 to provide voluntary, short-term, shelter and personal services to runaway youth or homeless youth, as defined in paragraph (2) of subdivision (a) of Section 1502.35.
(15)Enhanced behavioral supports home means a facility certified by the State Department of Developmental Services pursuant to Article 3.6 (commencing with Section 4684.80) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code, and licensed by the State Department of Social Services as an adult residential facility or a group home that provides 24-hour nonmedical care to individuals with developmental disabilities who require enhanced behavioral supports, staffing, and supervision in a homelike setting. An enhanced behavioral supports home shall have a maximum capacity of four consumers, shall conform to Section 441.530(a)(1) of Title 42 of the Code of Federal Regulations, and shall be eligible for federal Medicaid home- and community-based services funding.
(16)Community crisis home means a facility certified by the State Department of Developmental Services pursuant to Article 8 (commencing with Section 4698) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code, and licensed by the State Department of Social Services pursuant to Article 9.7 (commencing with Section 1567.80), as an adult residential facility, providing 24-hour nonmedical care to individuals with developmental disabilities receiving regional center service, in need of crisis intervention services, and who would otherwise be at risk of admission to the acute crisis center at Fairview Developmental Center, Sonoma Developmental Center, an acute general hospital, acute psychiatric hospital, an institution for mental disease, as described in Part 5 (commencing with Section 5900) of Division 5 of the Welfare and Institutions Code, or an out-of-state placement. A community crisis home shall have a maximum capacity of eight consumers, as defined in subdivision (a) of Section 1567.80, shall conform to Section 441.530(a)(1) of Title 42 of the Code of Federal Regulations, and shall be eligible for federal Medicaid home- and community-based services funding.
(17)Crisis nursery means a facility licensed by the department to operate a program pursuant to Section 1516 to provide short-term care and supervision for children under six years of age who are voluntarily placed for temporary care by a parent or legal guardian due to a family crisis or stressful situation.
(18)Short-term residential treatment center means a residential facility that provides short-term, specialized, and intensive treatment, including core services as set forth, on and after January 1, 2017, in paragraph (1) of subdivision (b) of Section 11462 of the Welfare and Institutions Code, and 24-hour care and supervision to children, delivered at least in part by staff employed by the licensee in a structured environment pursuant to Section 1562.01 of the Health and Safety Code. The care and supervision provided by a short-term residential treatment center shall be nonmedical, except as otherwise permitted by law.
(b)Department or state department means the State Department of Social Services.
(c)Director means the Director of Social Services.
SEC. 7.Section 1502.4 of the Health and Safety Code is amended to read:1502.4.(a)(1)A community care facility licensed as a group home for children pursuant to this chapter may accept for placement, and provide care and supervision to, a child assessed as seriously emotionally disturbed as long as the child does not need inpatient care in a licensed health facility.
(2)For the purpose of this chapter, the following definitions shall apply:
(A)Inpatient care in a licensed health facility means care and supervision at a level greater than incidental medical services as specified in Section 1507.
(B)Seriously emotionally disturbed means the same as paragraph (2) of subdivision (a) of Section 5600.3 of the Welfare and Institutions Code.
(b)If a child described in subdivision (a) is placed into a group home program classified at rate classification level 13 or rate classification level 14 pursuant to Section 11462.01 of the Welfare and Institutions Code, the licensee shall meet both of the following requirements:
(1)The licensee shall agree to accept, for placement into its group home program, only children who have been assessed as seriously emotionally disturbed by either of the following:
(A)An interagency placement committee, as described in Section 4096 of the Welfare and Institutions Code or by a licensed mental health professional, as defined in Sections 629 to 633, inclusive, of Title 9 of the California Code of Regulations.
(B)A licensed mental health professional pursuant to paragraph (3) of subdivision (i), or subdivision (j), of Section 11462.01 of the Welfare and Institutions Code if the child is privately placed or only county funded.
(2)The program is certified by the State Department of Health Care Services, pursuant to Section 4096.5 of the Welfare and Institutions Code, as a program that provides mental health treatment services for seriously emotionally disturbed children.
(c)The department shall not evaluate, or have any responsibility or liability with regard to the evaluation of, the mental health treatment services provided pursuant to this section and paragraph (3) of subdivision (f) of Section 11462.01 of the Welfare and Institutions Code.
(d)(1)This section shall become inoperative on January 1, 2017, except that this section shall continue to apply, until January 1, 2018, to a group home that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11462.04 of the Welfare and Institutions Code.
(2)This section is repealed as of January 1, 2018, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 8.Section 1502.4 is added to the Health and Safety Code, to read:1502.4.(a)(1)A community care facility licensed as a short-term residential treatment center or a foster family agency that provides treatment services for children pursuant to this chapter may accept for placement, and provide care and supervision to, a child assessed as seriously emotionally disturbed as long as the child does not need inpatient care in a licensed health facility.
(2)For the purposes of this chapter, the following definitions shall apply:
(A)Inpatient care in a licensed health facility means care and supervision at a level greater than incidental medical services as specified in Section 1507.
(B)Seriously emotionally disturbed means the same as paragraph (2) of subdivision (a) of Section 5600.3 of the Welfare and Institutions Code.
(b)If a child described in subdivision (a) is placed into a short-term residential treatment center or a foster family agency that provides treatment services pursuant to Section 11462.01 of the Welfare and Institutions Code, the licensee shall meet both of the following requirements:
(1)The licensee shall agree to accept, for placement into a short-term residential treatment center or a foster family agency that provides treatment services, only children who have been assessed as seriously emotionally disturbed by either of the following:
(A)An interagency placement committee or child and family team, as described in Section 4096 of the Welfare and Institutions Code, or by a licensed mental health professional.
(B)A licensed mental health professional pursuant to paragraph (3) of subdivision (i), or subdivision (j), of Section 11462.01 of the Welfare and Institutions Code if the child is privately placed or only county funded.
(2)The program is certified by the State Department of Health Care Services, or a county to which the department has delegated certification authority pursuant to Section 4096.5 of the Welfare and Institutions Code, as a program that provides mental health treatment services for seriously emotionally disturbed children.
(c)The department shall not evaluate, nor have any responsibility nor liability with regard to the evaluation of, the mental health treatment services provided pursuant to this section and paragraph (3) of subdivision (f) of Section 11462.01 of the Welfare and Institutions Code.
(d)(1)This section shall become operative on January 1, 2017.
(2)This section shall not apply, until January 1, 2018, to a group home that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11462.04 of the Welfare and Institutions Code.
SEC. 9.Section 1506.1 is added to the Health and Safety Code, to read:1506.1.(a)A foster family agency shall prepare and maintain a current, written plan of operation as required by the department.
(b)On and after July 1, 2017, a foster family agencys plan of operation shall demonstrate the foster family agencys ability to support the differing needs of children and their families.
(1)In addition to the rules and regulations adopted pursuant to this chapter, a foster family agencys plan of operation shall contain a description of the core services and supports, as set forth in paragraph (5) of subdivision (b) of Section 11463 the Welfare and Institutions Code and as prescribed by the department, to be offered to children and their families, as appropriate or as necessary.
(2)The plan of operation shall describe how the foster family agency will comply with the resource family approval standards and requirements, as set forth in Section 16519.5 of the Welfare and Institutions Code.
(3)In addition to the rules and regulations adopted pursuant to this chapter, a county licensed to operate a foster family agency shall describe, in the plan of operation, its conflict of interest mitigation plan, as set forth in subdivision (g) of Section 11462.02 of the Welfare and Institutions Code.
(c)The department shall have the authority to inspect a foster family agency pursuant to subdivision (c) of Section 11463 of the Welfare and Institutions Code.
SEC. 10.Section 1507.25 of the Health and Safety Code is amended to read:1507.25.(a)(1)Notwithstanding any other provision of law, a person described in paragraph (2), who is not a licensed health care professional, but who is trained to administer injections by a licensed health care professional practicing within his or her scope of practice, may administer emergency medical assistance and injections for severe diabetic hypoglycemia and anaphylactic shock to a foster child in placement.
(2)The following individuals shall be authorized to administer emergency medical assistance and injections in accordance with this subdivision:
(A)A relative caregiver.
(B)A nonrelative extended family member.
(C)A foster family home parent.
(C)A member of a resource family, as defined in subdivision (c) of Section 16519.5 of the Welfare and Institutions Code.
(D)A small family home parent.
(E)A certified parent of a foster family agency.
(F)A substitute caregiver of a foster family home or a certified family home.
(G)A direct care staff member of a small family home or a group home.
(H)On and after January 1, 2017, a direct care staff member of a short-term residential treatment center.
(3)The licensed health care professional shall periodically review, correct, or update training provided pursuant to this section as he or she deems necessary and appropriate.
(b)(1)Notwithstanding any other provision of law, a person described in paragraph (2), who is not a licensed health care professional, but who is trained to administer injections by a licensed health care professional practicing within his or her scope of practice, may administer subcutaneous injections of other medications, including insulin, as prescribed by the childs physician, to a foster child in placement.
(2)The following individuals shall be authorized to give prescribed injections including insulin in accordance with this subdivision:
(A)A relative caregiver.
(B)A nonrelative extended family member.
(C)A member of a resource family, as defined in subdivision (c) of Section 16519.5 of the Welfare and Institutions Code.
(C)
(D)A foster family home parent.
(D)
(E)A small family home parent.
(E)
(F)A certified parent of a foster family agency.
(F)
(G)In the absence of a foster parent, a designated substitute caregiver in a foster family home or a certified family home.
(3)The licensed health care professional shall periodically review, correct, or update training provided pursuant to this section as he or she deems necessary and appropriate.
(c)For purposes of this section, administration of an insulin injection shall include all necessary supportive activities related to the preparation and administration of injection, including glucose testing and monitoring.
(d)Notwithstanding Part 5.5 (commencing with Section 17700) of Division 9 of, and particularly subdivision (g) of Section 17710 of, the Welfare and Institutions Code, a childs need to receive injections pursuant to this section shall not be the sole basis for determining that the child has a medical condition requiring specialized in-home health care.
(e)This section does not supersede the requirements of Section 369.5 of the Welfare and Institutions Code, with respect to the administration of psychotropic medication to a dependent child of the court.
SEC. 11.Section 1520.1 of the Health and Safety Code is amended to read:1520.1.In addition to Section 1520, applicants for a group home facility or short-term residential treatment center license shall meet the following requirements:
(a)(1)During the first 12 months of operation, the facility shall operate with a provisional license. After eight months of operation, the department shall conduct a comprehensive review of the facility for compliance with all applicable laws and regulations and help develop a plan of correction with the provisional licensee, if appropriate. By the end of the 12th month of operation, the department shall determine if the permanent license should be issued.
(2)If the department determines that the group home or short-term residential treatment center is in substantial compliance with licensing standards, notwithstanding Section 1525.5, the department may extend the provisional license for up to an additional six months for either of the following reasons:
(A)The group home or short-term residential treatment center requires additional time to be in full compliance with licensing standards.
(B)After 12 months of operation, the group home or short-term residential treatment center is not operating at 50 percent of its licensed capacity.
(3)By no later than the first business day of the 17th month of operation, the department shall conduct an additional review of a facility for which a provisional license is extended pursuant to paragraph (2), in order to determine whether a permanent license should be issued.
(4)The department may deny a group home or short-term residential treatment center license application at any time during the term of the provisional license to protect the health and safety of clients. If the department denies the application, the group home or short-term residential treatment center shall cease operation immediately. Continued operation of the facility after the department denies the application or the provisional license expires shall constitute unlicensed operation.
(5)When the department notifies a city or county planning authority pursuant to subdivision (c) of Section 1520.5, the department shall briefly describe the provisional licensing process and the timelines provided for under that process, as well as provide the name, address, and telephone number of the district office licensing the facility where a complaint or comment about the group homes or short-term residential treatment centers operation may be filed.
(b)(1)After the production of the booklet provided for in paragraph (2), every member of the group homes board of directors and every member of a short-term residential treatment centers board of directors shall, prior to becoming a member of the board of directors sign a statement that the board member understands his or her legal duties and obligations as a member of the board of directors and that the group homes or short-term residential treatment centers operation is governed by laws and regulations that are enforced by the department, as set forth in the booklet. The applicant, provisional licensee, and licensee shall have this statement available for inspection by the department. For members of the board of directors when the booklet is produced, the licensee shall obtain this statement by the next scheduled meeting of the board of directors. Compliance with this paragraph shall be a condition of licensure.
(2)No later than May 1, 1999, the department, in cooperation with the Department of Justice and in consultation with group home providers, shall develop and The department shall distribute to every group home provider and short-term residential treatment center provider, respectively, detailed information designed to educate members of the group home providers or short-term residential treatment center providers board of directors of their roles and responsibilities as board members of a public benefit corporation under the laws of this state. The information shall be included in a booklet, which may be revised as deemed necessary by the department, and shall include, but not be limited to, all of the following:
(A)The financial responsibilities of a member of the board of directors.
(B)Disclosure requirements for self-dealing transactions.
(C)Legal requirements pertaining to articles of incorporation, bylaws, length of board member terms, voting procedures, board meetings, quorums, minutes of board meetings, and, as provided for in subdivision (f), board member duties.
(D)A general overview of the laws and regulations governing the group homes or short-term residential treatment centers operation that are enforced by the department.
(c)All financial records submitted by a facility to the department, or that are submitted as part of an audit of the facility, including, but not limited to, employee timecards and timesheets, shall be signed and dated by the employee and by the group home representative or short-term residential treatment center representative who is responsible for ensuring the accuracy of the information contained in the record, and shall contain an affirmative statement that the signatories understand that the information contained in the document is correct to the best of their knowledge and that submission of false or misleading information may be prosecuted as a crime.
(d)An applicant, provisional licensee, or licensee shall maintain, submit, and sign financial documents to verify the legitimacy and accuracy of these documents. These documents include, but are not limited to, the group home or short-term residential treatment center application, any financial documents and plans of corrections submitted to the department, and time sheets.
(e)(1)It is the intent of the Legislature that a group home or short-term residential treatment center have either representatives on its board of directors, as listed in paragraph (2), or a community advisory board, that meets at least annually.
(2)The representatives on the board of directors or the community advisory board members should consist of at least the following persons:
(A)A member of the facilitys board of directors.
(B)Members of the community where the facility is located.
(C)Neighbors of the facility.
(D)Current or former clients of the facility.
(E)A representative from a local law enforcement or other city or county representative.
(f)Each group home or short-term residential treatment center provider shall schedule and conduct quarterly meetings of its board of directors. During these quarterly meetings, the board of directors shall review and discuss licensing reports, financial and program audit reports of its group home or short-term residential treatment center operations, special incident reports, and any administrative action against the licensee or its employees. The minutes shall reflect the boards discussion of these documents and the group homes or short-term residential treatment centers operation. The licensee shall make available the minutes of group home homes or short-term residential treatment centers board of directors meetings to the department.
SEC. 12.Section 1522.2 of the Health and Safety Code is amended to read:1522.2.If a local law enforcement agency, a probation officer, or a local department or agency that provides social services becomes aware that an employee of a community treatment facility, a day treatment facility, a group home, a short-term residential treatment center, or a foster family agency has been arrested for child abuse, as defined in Section 11165.6 of the Penal Code, after determining that the potential for abuse is present and that the employee is free to return to the facility where children are present, the local law enforcement agency, probation officer, or local department or agency shall notify the licensee of the charge of abuse.
SEC. 13.Section 1522.4 of the Health and Safety Code is amended to read:1522.4.(a)In addition to any other requirements of this chapter and except for foster family homes, small family homes, and certified family homes of foster family agencies, all of the following apply to any community care facility providing 24-hour care for children:
(1)The facility shall have one or more facility managers. Facility manager, as used in this section, means a person on the premises with the authority and responsibility necessary to manage and control the day-to-day operation of a community care facility and supervise the clients. The facility manager, licensee, and administrator, or any combination thereof, may be the same person provided he or she meets all applicable requirements. If the administrator is also the facility manager for the same facility, this person shall be limited to the administration and management of only one facility.
(2)The facility manager shall have at least one year of experience working with the client group served, or equivalent education or experience, as determined by the department.
(3)A facility manager shall be at the facility at all times when one or more clients are present. To ensure adequate supervision of clients when clients are at the facility outside of their normal schedule, a current telephone number where the facility manager can be reached shall be provided to the clients, licensing agency, school, and any other agency or person as the department determines is necessary. The facility manager shall instruct these agencies and individuals to notify him or her when clients will be returning to the facility outside of the normal hours.
(4)The Legislature intends to upgrade the quality of care in licensed facilities. For the purposes of Sections 1533 and 1534, the licensed facility shall be inspected and evaluated for quality of care at least once each year, without advance notice and as often as necessary, without advance notice, to ensure the quality of care being provided.
Paragraphs (1), (2), and (3) shall apply only to new facilities licensed for six or fewer children which apply for a license after January 1, 1985, and all other new facilities licensed for seven or more children which apply for a license after January 1, 1988. Existing facilities licensed for seven or more children shall comply by January 1, 1989.
(b)No employee of the state or county employed in the administration of this chapter or employed in a position that is in any way concerned with facilities licensed under this chapter shall hold a license or have a direct or indirect financial interest in a facility described in subdivision (a).
The department, by regulation, shall make the determination pursuant to the purposes of this section and chapter, as to what employment is in the administration of this chapter or in any way concerned with facilities licensed under this chapter and what financial interest is direct or indirect.
This subdivision does not prohibit the state or county from securing a license for, or operating, a facility that is otherwise required to be licensed under this chapter.
(c)(1)No group home, short-term residential treatment center, or foster family agency licensee, or employee, member of the board of directors, or officer of a group home, short-term residential treatment center, or foster family agency licensee, shall offer gifts or other remuneration of any type to any employee of the State Department of Social Services or placement agency that exceeds the monetary limits for gifts to employees of the State of California pursuant to Title 9 (commencing with Section 81000) of the Government Code and regulations adopted thereunder by the Fair Political Practices Commission.
(2)No employee of the department or a placement agency shall accept any gift or other remuneration of any type from a group home, short-term residential treatment center, or foster family agency licensee or employee, member of the board of directors, or officer of a group home, short-term residential treatment center, or foster family agency licensee that exceeds the monetary limits for gifts to employees of the State of California in Title 9 (commencing with Section 81000) of the Government Code and regulations adopted thereunder by the Fair Political Practices Commission.
(3)Violation of this subdivision is punishable as a misdemeanor.
SEC. 14.Section 1522.41 of the Health and Safety Code is amended to read:1522.41.(a)(1)The director, department, in consultation and collaboration with county placement officials, group home provider organizations, the Director of Health Care Services, and the Director of Developmental Services, shall develop and establish a an administrator certification training program to ensure that administrators of group home facilities have appropriate training to provide the care and services for which a license or certificate is issued.
(2)The department shall develop and establish an administrator certification training program to ensure that administrators of short-term residential treatment center facilities have appropriate training to provide the care and services for which a license or certificate is issued.
(b)(1)In addition to any other requirements or qualifications required by the department, an administrator of a group home facility or short-term residential treatment center shall successfully complete a department-approved training certification program, pursuant to subdivision (c), prior to employment. An administrator employed in a group home on the effective date of this section or short-term residential treatment center shall meet the requirements of paragraph (2) of subdivision (c).
(2)In those cases where the individual is both the licensee and the administrator of a facility, the individual shall comply with all of the licensee and administrator requirements of this section.
(3)Failure to comply with this section shall constitute cause for revocation of the license of the facility.
(4)The licensee shall notify the department within 10 days of any change in administrators.
(c)(1)The administrator certification programs shall require a minimum of 40 hours of classroom instruction that provides training on a uniform core of knowledge in each of the following areas:
(A)Laws, regulations, and policies and procedural standards that impact the operations of the type of facility for which the applicant will be an administrator.
(B)Business operations.
(C)Management and supervision of staff.
(D)Psychosocial and educational needs of the facility residents.
(E)Community and support services.
(F)Physical needs for facility residents.
(G)Administration, storage, misuse, and interaction of medication used by facility residents.
(H)Resident admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(I)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(J)Nonviolent emergency intervention and reporting requirements.
(K)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in the School Safety and Violence Prevention Act (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).
(2)The department shall adopt separate program requirements for initial certification for persons who are employed as group home administrators on the effective date of this section. A person employed as an administrator of a group home facility on the effective date of this section shall obtain a certificate by completing the training and testing requirements imposed by the department within 12 months of the effective date of the regulations implementing this section. After the effective date of this section, these administrators shall meet the requirements imposed by the department on all other group home administrators for certificate renewal.
(3)The department shall adopt a separate administrator certification training program for group home administrators who desire to become short-term residential treatment center administrators.
(3)
(4)Individuals applying for administrator certification under this section shall successfully complete an approved administrator certification training program, pass a written test administered by the department within 60 days of completing the program, and submit to the department the documentation required by subdivision (d) within 30 days after being notified of having passed the test. The department may extend these time deadlines for good cause. The department shall notify the applicant of his or her test results within 30 days of administering the test.
(d)The department shall not begin the process of issuing a certificate until receipt of all of the following:
(1)A certificate of completion of the administrator training required pursuant to this chapter.
(2)The fee required for issuance of the certificate. A fee of one hundred dollars ($100) shall be charged by the department to cover the costs of processing the application for certification.
(3)Documentation from the applicant that he or she has passed the written test.
(4)Submission of fingerprints pursuant to Section 1522. The department may waive the submission for those persons who have a current clearance on file.
(5)That person is at least 21 years of age.
(e)It shall be unlawful for any person not certified under this section to hold himself or herself out as a certified administrator of a group home facility or short-term residential treatment center. Any person willfully making any false representation as being a certified administrator or facility manager is guilty of a misdemeanor.
(f)(1)Certificates issued under this section shall be renewed every two years and renewal shall be conditional upon the certificate holder submitting documentation of completion of 40 hours of continuing education related to the core of knowledge specified in subdivision (c). No more than one-half of the required 40 hours of continuing education necessary to renew the certificate may be satisfied through online courses. All other continuing education hours shall be completed in a classroom setting. For purposes of this section, an individual who is a group home facility or short-term residential treatment center administrator and who is required to complete the continuing education hours required by the regulations of the State Department of Developmental Services, and approved by the regional center, may have up to 24 of the required continuing education course hours credited toward the 40-hour continuing education requirement of this section. Community The department shall accept for certification, community college course hours approved by the regional centers shall be accepted by the department for certification centers.
(2)Every administrator of a group home facility or short-term residential treatment center shall complete the continuing education requirements of this subdivision.
(3)Certificates issued under this section shall expire every two years on the anniversary date of the initial issuance of the certificate, except that any administrator receiving his or her initial certification on or after July 1, 1999, shall make an irrevocable election to have his or her recertification date for any subsequent recertification either on the date two years from the date of issuance of the certificate or on the individuals birthday during the second calendar year following certification. The department shall send a renewal notice to the certificate holder 90 days prior to the expiration date of the certificate. If the certificate is not renewed prior to its expiration date, reinstatement shall only be permitted after the certificate holder has paid a delinquency fee equal to three times the renewal fee and has provided evidence of completion of the continuing education required.
(4)To renew a certificate, the certificate holder shall, on or before the certificate expiration date, request renewal by submitting to the department documentation of completion of the required continuing education courses and pay the renewal fee of one hundred dollars ($100), irrespective of receipt of the departments notification of the renewal. A renewal request postmarked on or before the expiration of the certificate shall be proof of compliance with this paragraph.
(5)A suspended or revoked certificate shall be subject to expiration as provided for in this section. If reinstatement of the certificate is approved by the department, the certificate holder, as a condition precedent to reinstatement, shall submit proof of compliance with paragraphs (1) and (2) of subdivision (f), and shall pay a fee in an amount equal to the renewal fee, plus the delinquency fee, if any, accrued at the time of its revocation or suspension. Delinquency fees, if any, accrued subsequent to the time of its revocation or suspension and prior to an order for reinstatement, shall be waived for a period of 12 months to allow the individual sufficient time to complete the required continuing education units and to submit the required documentation. Individuals whose certificates will expire within 90 days after the order for reinstatement may be granted a three-month extension to renew their certificates during which time the delinquency fees shall not accrue.
(6)A certificate that is not renewed within four years after its expiration shall not be renewed, restored, reissued, or reinstated except upon completion of a certification training program, passing any test that may be required of an applicant for a new certificate at that time, and paying the appropriate fees provided for in this section.
(7)A fee of twenty-five dollars ($25) shall be charged for the reissuance of a lost certificate.
(8)A certificate holder shall inform the department of his or her employment status and change of mailing address within 30 days of any change.
(g)Unless otherwise ordered by the department, the certificate shall be considered forfeited under either of the following conditions:
(1)The department has revoked any license held by the administrator after the department issued the certificate.
(2)The department has issued an exclusion order against the administrator pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897, after the department issued the certificate, and the administrator did not appeal the exclusion order or, after the appeal, the department issued a decision and order that upheld the exclusion order.
(h)(1)The department, in consultation and collaboration with county placement officials, provider organizations, the State Department of Health Care Services, and the State Department of Developmental Services, shall establish, by regulation, the program content, the testing instrument, the process for approving certification administrator certification training programs, and criteria to be used in authorizing individuals, organizations, or educational institutions to conduct certification training programs and continuing education courses. The department may also grant continuing education hours for continuing courses offered by accredited educational institutions that are consistent with the requirements in this section. The department may deny vendor approval to any agency or person in any of the following circumstances:
(A)The applicant has not provided the department with evidence satisfactory to the department of the ability of the applicant to satisfy the requirements of vendorization set out in the regulations adopted by the department pursuant to subdivision (j).
(B)The applicant person or agency has a conflict of interest in that the person or agency places its clients in group home facilities homes or short-term residential treatment centers.
(C)The applicant public or private agency has a conflict of interest in that the agency is mandated to place clients in group homes or short-term residential treatment centers and to pay directly for the services. The department may deny vendorization to this type of agency only as long as there are other vendor programs available to conduct the certification training programs and conduct education courses.
(2)The department may authorize vendors to conduct the administrators certification training program pursuant to this section. The department shall conduct the written test pursuant to regulations adopted by the department.
(3)The department shall prepare and maintain an updated list of approved training vendors.
(4)The department may inspect administrator certification training programs and continuing education courses, including online courses, at no charge to the department, to determine if content and teaching methods comply with regulations. If the department determines that any vendor is not complying with the requirements of this section, the department shall take appropriate action to bring the program into compliance, which may include removing the vendor from the approved list.
(5)The department shall establish reasonable procedures and timeframes not to exceed 30 days for the approval of vendor training programs.
(6)The department may charge a reasonable fee, not to exceed one hundred fifty dollars ($150) every two years, to certification program vendors for review and approval of the initial 40-hour training program pursuant to subdivision (c). The department may also charge the vendor a fee, not to exceed one hundred dollars ($100) every two years, for the review and approval of the continuing education courses needed for recertification pursuant to this subdivision.
(7)(A)A vendor of online programs for continuing education shall ensure that each online course contains all of the following:
(i)An interactive portion in which the participant receives feedback, through online communication, based on input from the participant.
(ii)Required use of a personal identification number or personal identification information to confirm the identity of the participant.
(iii)A final screen displaying a printable statement, to be signed by the participant, certifying that the identified participant completed the course. The vendor shall obtain a copy of the final screen statement with the original signature of the participant prior to the issuance of a certificate of completion. The signed statement of completion shall be maintained by the vendor for a period of three years and be available to the department upon demand. Any person who certifies as true any material matter pursuant to this clause that he or she knows to be false is guilty of a misdemeanor.
(B)Nothing in this subdivision shall prohibit the department from approving online programs for continuing education that do not meet the requirements of subparagraph (A) if the vendor demonstrates to the departments satisfaction that, through advanced technology, the course and the course delivery meet the requirements of this section.
(i)The department shall establish a registry for holders of certificates that shall include, at a minimum, information on employment status and criminal record clearance.
(j)Subdivisions (b) to (i), inclusive, shall be implemented upon regulations being adopted by the department, by January 1, 2000.
(k)Notwithstanding any provision of law to the contrary, vendors approved by the department who exclusively provide either initial or continuing education courses for certification of administrators of a group home facility or short-term residential treatment center as defined by regulations of the department, an adult residential facility as defined by regulations of the department, or a residential care facility for the elderly as defined in subdivision (k) of Section 1569.2, shall be regulated solely by the department pursuant to this chapter. No other state or local governmental entity shall be responsible for regulating the activity of those vendors.
SEC. 15.Section 1522.43 of the Health and Safety Code is amended to read:1522.43.(a)(1)For the duties the department imposes on a group home facility administrator or short-term residential treatment center administrator in this chapter and in regulations adopted by the department, every group home and short-term residential treatment center shall state in its plan of operation, the number of hours per week that the administrator shall spend completing those duties and how the group home administrator or short-term residential treatment center administrator shall accomplish those duties, including use of support personnel.
(2)For initial applicants, the information in paragraph (1) shall be contained in the plan of operation submitted to the department in the application.
(3)For current licensees, the licensee shall submit an amended plan of operation that contains the information required by paragraph (1) within six months of the effective date of this section. For changes in the group home administrator duties imposed by the department in this chapter or in regulations, a current licensee shall have six months after the effective date of those duties to submit an amended plan of operation to reflect the new administrator duties.
(b)(1)The department may review a group homes or short-term residential treatment centers plan of operation to determine if the plan of operation is sufficient to ensure that the facility will operate in compliance with applicable licensing laws and regulations. As part of the review, the department may request that a peer review panel review the plan of operation for a group home as prescribed in paragraph (2), or for a short-term residential treatment center as prescribed in paragraph (3).
(2)The peer review panel shall consist of two representatives from the department, a qualified group home administrator, an experienced group home provider in good standing, and a member or members from the placement agency or agencies that place children in group homes.
(3)The peer review panel shall consist of two representatives from the department, a qualified short-term residential treatment center administrator, a short-term residential treatment center provider in good standing, and a member or members from the placement agency or agencies that place children in short-term residential treatment centers.
(c)A group home or short-term residential treatment center shall develop a daily schedule of activities for the children at the facility. The facility shall have this schedule available for inspection by the department. The activities in which the children are scheduled to participate shall be designed to meet the needs of the individual child, and shall be based on that childs needs and services plan.
SEC. 16.Section 1524.6 of the Health and Safety Code is amended to read:1524.6.(a)In addition to any other requirement of this chapter, any group home facility or short-term residential treatment center, as defined by regulations of the department, providing care for any number of persons, that is not already subject to the requirements of Section 1524.5, shall provide a procedure approved by the licensing agency for immediate response to incidents and complaints, as defined by regulations of the department. This procedure shall include a method of ensuring that the owner, licensee, or person designated by the owner or licensee is notified of the incident or complaint, that the owner, licensee, or person designated by the owner or licensee has personally investigated the matter, and that the person making the complaint or reporting the incident has received a written response, within 30 days of receiving the complaint, of action taken, or a reason why no action needs to be taken.
(b)In order to ensure the opportunity for complaints to be made directly to the owner, licensee, or person designated by the owner or licensee, and to provide the opportunity for the owner, licensee, or person designated by the owner or licensee to meet neighborhood residents and learn of problems in the neighborhood, any group home facility or short-term residential treatment center shall establish a fixed time on a periodic basis when the owner, licensee, or person designated by the owner or licensee will be present. At this fixed time, information shall be provided to neighborhood residents of the complaint procedure pursuant to Section 1538.
(c)Facilities shall establish procedures to comply with the requirements of this section on or before July 1, 2005.
(d)This section shall not apply to family homes certified by foster family agencies, foster family homes, and small family homes. It is not the intent of the Legislature that this section be applied in a way that is contrary to the childs best interests.
SEC. 17.Section 1529.2 of the Health and Safety Code is amended to read:1529.2.(a)In addition to the foster parent training provided by community colleges, foster family agencies shall provide a program of training for their certified foster families.
(b)(1)Every licensed foster parent shall complete a minimum of 12 hours of foster parent training, as prescribed in paragraph (3), before the placement of any foster children with the foster parent. In addition, a foster parent shall complete a minimum of eight hours of foster parent training annually, as prescribed in paragraph (4). No child shall be placed in a foster family home unless these requirements are met by the persons in the home who are serving as the foster parents.
(2)(A)Upon the request of the foster parent for a hardship waiver from the postplacement training requirement or a request for an extension of the deadline, the county may, at its option, on a case-by-case basis, waive the postplacement training requirement or extend any established deadline for a period not to exceed one year, if the postplacement training requirement presents a severe and unavoidable obstacle to continuing as a foster parent. Obstacles for which a county may grant a hardship waiver or extension are:
(i)Lack of access to training due to the cost or travel required.
(ii)Family emergency.
(B)Before a waiver or extension may be granted, the foster parent should explore the opportunity of receiving training by video or written materials.
(3)The initial preplacement training shall include, but not be limited to, training courses that cover all of the following:
(A)An overview of the child protective system.
(B)The effects of child abuse and neglect on child development.
(C)Positive discipline and the importance of self-esteem.
(D)Health issues in foster care.
(E)Accessing education and health services available to foster children.
(F)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(G)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(H)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the California Student Safety and Violence Prevention Act of 2000 (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).
(4)The postplacement annual training shall include, but not be limited to, training courses that cover all of the following:
(A)Age-appropriate child development.
(B)Health issues in foster care.
(C)Positive discipline and the importance of self-esteem.
(D)Emancipation and independent living skills if a foster parent is caring for youth.
(E)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(F)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(5)Foster parent training may be attained through a variety of sources, including community colleges, counties, hospitals, foster parent associations, the California State Foster Parent Associations Conference, adult schools, and certified foster parent instructors.
(6)A candidate for placement of foster children shall submit a certificate of training to document completion of the training requirements. The certificate shall be submitted with the initial consideration for placements and provided at the time of the annual visit by the licensing agency thereafter.
(c)Nothing in this section shall preclude a county from requiring county-provided preplacement or postplacement foster parent training in excess of the requirements in this section.
(d)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 18.Section 1529.2 is added to the Health and Safety Code, to read:1529.2.(a)It is the intent of the Legislature that all foster parents have the necessary knowledge, skills, and abilities to support the safety, permanency, and well-being of children in foster care. Initial and ongoing preparation and training of foster parents should support the foster parents role in parenting vulnerable children, youth, and young adults, including supporting the childrens connection with their families. Their training should be ongoing in order to provide foster parents with information on new practices and requirements within the child welfare system and may be offered in a classroom setting, online, or individually.
(b)Prior to licensing or certification, training shall include, but not be limited to, the following topics:
(1)An overview of the child protective system.
(2)The effects of trauma and child abuse or neglect on child development and behavior.
(3)Positive discipline and the importance of self-esteem.
(4)Health issues in foster care, including the administration of psychotropic and other medications.
(5)Accessing education, health, and behavioral health services available to foster children.
(6)The rights of a child in foster care, and the foster parents responsibility to safeguard those rights, including the right to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(7)Cultural needs of children, including instruction on cultural competency and respect relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(8)Basic instruction on existing laws and procedures regarding the safety of foster youth at school; and ensuring a harassment and violence free school environment pursuant to the California Student Safety and Violence Prevention Act (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).
(9)Permanence and well-being needs of children.
(10)Child and adolescent development.
(11)Role of foster parents, including working cooperatively with the child welfare agency, the childs family, and other service providers implementing the case plan.
(12)A foster parents responsibility to act as a reasonable and prudent parent; and to maintain the least restrictive, most family-like environment that serves the needs of the child.
(c)In addition to the initial requirements contained in subdivision (b), a licensed or certified foster parent shall complete a minimum number of training hours annually, a portion of which shall be from one or more of the following topics, as prescribed by the department, pursuant to subdivision (a):
(1)Age-appropriate child and adolescent development.
(2)Health issues in foster care, including the administration of psychotropic and other medications.
(3)Positive discipline and the importance of self-esteem.
(4)Preparation for youth and young adults for a successful transition to adulthood.
(5)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(6)Instruction on cultural competency and respect relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(d)No child shall be placed with a foster parent unless each foster parent in the home meets the requirements of this section.
(e)(1)Upon the request of the licensed or certified foster parent for a hardship waiver from the annual training requirement or a request for an extension of the deadline, the county may, at its option, on a case-by-case basis, waive the training requirement or extend any established deadline for a period not to exceed one year, if the training requirement presents a severe and unavoidable obstacle to continuing as a foster parent.
(2)Obstacles for which a county may grant a hardship waiver or extension are:
(A)Lack of access to training due to the cost or travel required.
(B)Family emergency.
(3)Before a waiver or extension may be granted, the licensed or certified foster parent should explore the opportunity of receiving training by video or written materials.
(f)(1)Foster parent training may be obtained through sources that include, but are not necessarily limited to, community colleges, counties, hospitals, foster parent associations, the California State Foster Parent Associations Conference, adult schools, and certified foster parent instructors.
(2)In addition to the foster parent training provided by community colleges, foster family agencies shall provide a program of training for their certified foster families.
(g)Training certificates shall be submitted to the appropriate licensing or foster family agency.
(1)A foster parent applicant shall submit a certificate of completion of training as a precondition of licensure or certification.
(2)Upon completion, a licensed or certified parent shall submit a certificate of completion for the annual training requirements.
(h)Nothing in this section shall preclude a county or a foster family agency from requiring foster parent training in excess of the requirements in this section.
(i)This section shall become operative on January 1, 2017.
SEC. 19.Section 1530.7 of the Health and Safety Code is amended to read:1530.7.(a)Group homes, short-term residential treatment centers, foster family agencies, small family homes, transitional housing placement providers, and crisis nurseries licensed pursuant to this chapter shall maintain a smoke-free environment in the facility.
(b)A person who is licensed or certified pursuant to this chapter to provide residential care in a foster family home or certified family home shall not smoke or permit any other person to smoke inside the facility, and, when the child is present, on the outdoor grounds of the facility.
(c)A person who is licensed or certified pursuant to this chapter to provide residential foster care shall not smoke in any motor vehicle that is regularly used to transport the child.
SEC. 20.Section 1530.8 of the Health and Safety Code is amended to read:1530.8.(a)(1)The department shall adopt regulations for community care facilities licensed as group homes, and for temporary shelter care facilities as defined in subdivision (c), that care for dependent children, children placed by a regional center, or voluntary placements, who are younger than six years of age. The department shall adopt these regulations after assessing the needs of this population and developing standards pursuant to Section 11467.1 of the Welfare and Institutions Code. To the extent that the department determines they are necessary, the department may adopt regulations under this section that apply to short-term residential treatment centers that care for children younger than six years of age.
(2)The department shall adopt regulations under this section that apply to mother and infant programs serving children younger than six years of age who reside in a group home or short-term residential treatment centers with a minor parent who is the primary caregiver of the child that shall be subject to the requirements of subdivision (d). To the extent that the department determines they are necessary, the department may adopt regulations under this section that apply to short-term residential treatment centers that provide mother and infant programs serving children younger than six years of age.
(3)To the extent that the department determines they are necessary, the department shall adopt regulations under this section that apply to group homes or short-term residential treatment centers that care for dependent children who are 6 to 12 years of age, inclusive. In order to determine whether such regulations are necessary, and what any resulting standards should include, the department shall consult with interested parties that include, but are not limited to, representatives of current and former foster youth, advocates for children in foster care, county welfare and mental health directors, chief probation officers, representatives of care providers, experts in child development, and representatives of the Legislature. The standards may provide normative guidelines differentiated by the needs specific to children in varying age ranges that fall between 6 and 12 years of age, inclusive. Prior to adopting regulations, the department shall submit for public comment, by July 1, 2016, any proposed regulations.
(b)The regulations shall include physical environment standards, including staffing and health and safety requirements, that meet or exceed state child care standards under Title 5 and Title 22 of the California Code of Regulations.
(c)For purposes of this section, a temporary shelter care facility means any residential facility that meets all of the following requirements:
(1)It is owned and operated by the county.
(2)It is a 24-hour facility that provides short-term residential care and supervision for dependent children under 18 years of age who have been removed from their homes as a result of abuse or neglect, as defined in Section 300 of the Welfare and Institutions Code, or both.
(d)(1)By September 1, 1999, the department shall submit for public comment regulations specific to mother and infant programs serving children younger than six years of age who are dependents of the court and reside in a group home with a minor child who is the primary caregiver of the child.
(2)The regulations shall include provisions that when the minor parent is absent and the facility is providing direct care to children younger than six years of age who are dependents of the court, there shall be one child care staff person for every four children of minor parents.
(3)In developing these proposed regulations, the department shall issue the proposed regulations for public comment, and shall refer to existing national standards for mother and infant programs as a guideline, where applicable.
(4)Prior to preparing the proposed regulations, the department shall consult with interested parties by convening a meeting by February 28, 1999, that shall include, but not be limited to, representatives from a public interest law firm specializing in childrens issues and provider organizations.
SEC. 21.Section 1531.1 of the Health and Safety Code is amended to read:1531.1.(a)A residential facility licensed as an adult residential facility, group home, short-term residential treatment center, small family home, foster family home, or a family home certified by a foster family agency may install and utilize delayed egress devices of the time delay type.
(b)As used in this section, delayed egress device means a device that precludes the use of exits for a predetermined period of time. These devices shall not delay any residents departure from the facility for longer than 30 seconds.
(c)Within the 30 seconds of delay, facility staff may attempt to redirect a resident who attempts to leave the facility.
(d)Any person accepted by a residential facility or family home certified by a foster family agency utilizing delayed egress devices shall meet all of the following conditions:
(1)The person shall have a developmental disability as defined in Section 4512 of the Welfare and Institutions Code.
(2)The person shall be receiving services and case management from a regional center under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code).
(3)An interdisciplinary team, through the Individual Program Plan (IPP) process pursuant to Section 4646.5 of the Welfare and Institutions Code, shall have determined that the person lacks hazard awareness or impulse control and requires the level of supervision afforded by a facility equipped with delayed egress devices, and that but for this placement, the person would be at risk of admission to, or would have no option but to remain in, a more restrictive state hospital or state developmental center placement.
(e)The facility shall be subject to all fire and building codes, regulations, and standards applicable to residential care facilities for the elderly utilizing delayed egress devices, and shall receive approval by the county or city fire department, the local fire prevention district, or the State Fire Marshal for the installed delayed egress devices.
(f)The facility shall provide staff training regarding the use and operation of the egress control devices utilized by the facility, protection of residents personal rights, lack of hazard awareness and impulse control behavior, and emergency evacuation procedures.
(g)The facility shall develop a plan of operation approved by the State Department of Social Services that includes a description of how the facility is to be equipped with egress control devices that are consistent with regulations adopted by the State Fire Marshal pursuant to Section 13143.
(h)The plan shall include, but shall not be limited to, all of the following:
(1)A description of how the facility will provide training for staff regarding the use and operation of the egress control devices utilized by the facility.
(2)A description of how the facility will ensure the protection of the residents personal rights consistent with Sections 4502, 4503, and 4504 of the Welfare and Institutions Code.
(3)A description of how the facility will manage the persons lack of hazard awareness and impulse control behavior.
(4)A description of the facilitys emergency evacuation procedures.
(i)Delayed egress devices shall not substitute for adequate staff. Except for facilities operating in accordance with Section 1531.15, the capacity of the facility shall not exceed six residents.
(j)Emergency fire and earthquake drills shall be conducted at least once every three months on each shift, and shall include all facility staff providing resident care and supervision on each shift.
SEC. 22.Section 1531.15 of the Health and Safety Code is amended to read:1531.15.(a)A licensee of an adult residential facility, short-term residential treatment center, or group home for no more than 15 residents, that is eligible for and serving clients eligible for federal Medicaid funding and utilizing delayed egress devices pursuant to Section 1531.1, may install and utilize secured perimeters in accordance with the provisions of this section.
(b)As used in this section, secured perimeters means fences that meet the requirements prescribed by this section.
(c)Only individuals meeting all of the following conditions may be admitted to or reside in a facility described in subdivision (a) utilizing secured perimeters:
(1)The person shall have a developmental disability as defined in Section 4512 of the Welfare and Institutions Code.
(2)The person shall be receiving services and case management from a regional center under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code).
(3)(A)The person shall be 14 years of age or older, except as specified in subparagraph (B).
(B)Notwithstanding subparagraph (A), a child who is at least 10 years of age and less than 14 years of age may be placed in a licensed group home or short-term residential treatment center described in subdivision (a) using secured perimeters only if both of the following occur:
(i)A comprehensive assessment is conducted and an individual program plan meeting is convened to determine the services and supports needed for the child to receive services in a less restrictive, unlocked residential setting in California, and the regional center requests assistance from the State Department of Developmental Services statewide specialized resource service to identify options to serve the child in a less restrictive, unlocked residential setting in California.
(ii)The regional center requests placement of the child in a licensed group home or short-term residential treatment center described in subdivision (a) using secured perimeters on the basis that the placement is necessary to prevent out-of-state placement or placement in a more restrictive, locked residential setting and the State Department of Developmental Services approves the request.
(4)The person is not a foster child under the jurisdiction of the juvenile court pursuant to Section 300, 450, 601, or 602 of the Welfare and Institutions Code.
(5)An interdisciplinary team, through the individual program plan (IPP) process pursuant to Section 4646.5 of the Welfare and Institutions Code, shall have determined the person lacks hazard awareness or impulse control and, for his or her safety and security, requires the level of supervision afforded by a facility equipped with secured perimeters, and, but for this placement, the person would be at risk of admission to, or would have no option but to remain in, a more restrictive placement. The individual program planning team shall determine the continued appropriateness of the placement at least annually.
(d)The licensee shall be subject to all applicable fire and building codes, regulations, and standards, and shall receive approval by the county or city fire department, the local fire prevention district, or the State Fire Marshal for the installed secured perimeters.
(e)The licensee shall provide staff training regarding the use and operation of the secured perimeters, protection of residents personal rights, lack of hazard awareness and impulse control behavior, and emergency evacuation procedures.
(f)The licensee shall revise its facility plan of operation. These revisions shall first be approved by the State Department of Developmental Services. The plan of operation shall not be approved by the State Department of Social Services unless the licensee provides certification that the plan was approved by the State Department of Developmental Services. The plan shall include, but not be limited to, all of the following:
(1)A description of how the facility is to be equipped with secured perimeters that are consistent with regulations adopted by the State Fire Marshal pursuant to Section 13143.6.
(2)A description of how the facility will provide training for staff.
(3)A description of how the facility will ensure the protection of the residents personal rights consistent with Sections 4502, 4503, and 4504 of the Welfare and Institutions Code, and any applicable personal rights provided in Title 22 of the California Code of Regulations.
(4)A description of how the facility will manage residents lack of hazard awareness and impulse control behavior.
(5)A description of the facilitys emergency evacuation procedures.
(g)Secured perimeters shall not substitute for adequate staff.
(h)Emergency fire and earthquake drills shall be conducted on each shift in accordance with existing licensing requirements, and shall include all facility staff providing resident care and supervision on each shift.
(i)Interior and exterior space shall be available on the facility premises to permit clients to move freely and safely.
(j)For the purpose of using secured perimeters, the licensee shall not be required to obtain a waiver or exception to a regulation that would otherwise prohibit the locking of a perimeter fence or gate.
(k)This section shall become operative only upon the publication in Title 17 of the California Code of Regulations of emergency regulations filed by the State Department of Developmental Services. These regulations shall be developed with stakeholders, including the State Department of Social Services, consumer advocates, and regional centers. The regulations shall establish program standards for homes that include secured perimeters, including requirements and timelines for the completion and updating of a comprehensive assessment of each consumers needs, including the identification through the individual program plan process of the services and supports needed to transition the consumer to a less restrictive living arrangement, and a timeline for identifying or developing those services and supports. The regulations shall establish a statewide limit on the total number of beds in homes with secured perimeters. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare.
SEC. 23.Section 1534 of the Health and Safety Code is amended to read:1534.(a)(1)(A)Except for foster family homes, every licensed community care facility shall be subject to unannounced inspections by the department.
(B)Foster family homes shall be subject to announced inspections by the department, except that a foster family home shall be subject to unannounced inspections in response to a complaint, a plan of correction, or under any of the circumstances set forth in subparagraph (B) of paragraph (2).
(2)(A)The department may inspect these facilities as often as necessary to ensure the quality of care provided.
(B)The department shall conduct an annual unannounced inspection of a facility under any of the following circumstances:
(i)When a license is on probation.
(ii)When the terms of agreement in a facility compliance plan require an annual inspection.
(iii)When an accusation against a licensee is pending.
(iv)When a facility requires an annual inspection as a condition of receiving federal financial participation.
(v)In order to verify that a person who has been ordered out of a facility by the department is no longer at the facility.
(C)(i)The department shall conduct annual unannounced inspections of no less than 20 percent of facilities, except for foster family homes, not subject to an inspection under subparagraph (B).
(ii)The department shall conduct annual announced inspections of no less than 20 percent of foster family homes not subject to an inspection under subparagraph (B).
(iii)These inspections shall be conducted based on a random sampling methodology developed by the department.
(iv)If the total citations issued by the department to facilities exceed the previous years total by 10 percent, the following year the department shall increase the random sample by an additional 10 percent of the facilities not subject to an inspection under subparagraph (B). The department may request additional resources to increase the random sample by 10 percent.
(v)The department shall not inspect a licensed community care facility less often than once every five years.
(3)In order to facilitate direct contact with group home or short-term residential treatment center clients, the department may interview children who are clients of group homes or short-term residential treatment centers at any public agency or private agency at which the client may be found, including, but not limited to, a juvenile hall, recreation or vocational program, or a public or nonpublic school. The department shall respect the rights of the child while conducting the interview, including informing the child that he or she has the right not to be interviewed and the right to have another adult present during the interview.
(4)The department shall notify the community care facility in writing of all deficiencies in its compliance with the provisions of this chapter and the rules and regulations adopted pursuant to this chapter, and shall set a reasonable length of time for compliance by the facility.
(5)Reports on the results of each inspection, evaluation, or consultation shall be kept on file in the department, and all inspection reports, consultation reports, lists of deficiencies, and plans of correction shall be open to public inspection.
(b)(1)This section does not limit the authority of the department to inspect or evaluate a licensed foster family agency, a certified family home, or any aspect of a program in which a licensed community care facility is certifying compliance with licensing requirements.
(2)(A)A foster family agency shall conduct an announced inspection of a certified family home during the annual recertification described in Section 1506 in order to ensure that the certified family home meets all applicable licensing standards. A foster family agency may inspect a certified family home as often as necessary to ensure the quality of care provided.
(B)In addition to the inspections required pursuant to subparagraph (A), a foster family agency shall conduct an unannounced inspection of a certified family home under any of the following circumstances:
(i)When a certified family home is on probation.
(ii)When the terms of the agreement in a facility compliance plan require an annual inspection.
(iii)When an accusation against a certified family home is pending.
(iv)When a certified family home requires an annual inspection as a condition of receiving federal financial participation.
(v)In order to verify that a person who has been ordered out of a certified family home by the department is no longer at the home.
(3)Upon a finding of noncompliance by the department, the department may require a foster family agency to deny or revoke the certificate of approval of a certified family home, or take other action the department may deem necessary for the protection of a child placed with the certified family home. The certified parent or prospective foster parent shall be afforded the due process provided pursuant to this chapter.
(4)If the department requires a foster family agency to deny or revoke the certificate of approval, the department shall serve an order of denial or revocation upon the certified or prospective foster parent and foster family agency that shall notify the certified or prospective foster parent of the basis of the departments action and of the certified or prospective foster parents right to a hearing.
(5)Within 15 days after the department serves an order of denial or revocation, the certified or prospective foster parent may file a written appeal of the departments decision with the department. The departments action shall be final if the certified or prospective foster parent does not file a written appeal within 15 days after the department serves the denial or revocation order.
(6)The departments order of the denial or revocation of the certificate of approval shall remain in effect until the hearing is completed and the director has made a final determination on the merits.
(7)A certified or prospective foster parent who files a written appeal of the departments order with the department pursuant to this section shall, as part of the written request, provide his or her current mailing address. The certified or prospective foster parent shall subsequently notify the department in writing of any change in mailing address, until the hearing process has been completed or terminated.
(8)Hearings held pursuant to this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. In all proceedings conducted in accordance with this section the standard of proof shall be by a preponderance of the evidence.
(9)The department may institute or continue a disciplinary proceeding against a certified or prospective foster parent upon any ground provided by this section or Section 1550, enter an order denying or revoking the certificate of approval, or otherwise take disciplinary action against the certified or prospective foster parent, notwithstanding any resignation, withdrawal of application, surrender of the certificate of approval, or denial or revocation of the certificate of approval by the foster family agency.
(10)A foster family agencys failure to comply with the departments order to deny or revoke the certificate of approval by placing or retaining children in care shall be grounds for disciplining the licensee pursuant to Section 1550.
SEC. 24.Section 1536 of the Health and Safety Code is amended to read:1536.(a)(1)At least annually, the director department shall publish and make available to interested persons a list or lists covering all licensed community care facilities, other than foster family homes and certified family homes of foster family agencies providing 24-hour care for six or fewer foster children, and the services for which each facility has been licensed or issued a special permit.
(2)For a group home, transitional housing placement provider, community treatment facility, or runaway and homeless youth shelter, or short-term residential treatment center, the list shall include both of the following:
(A)The number of licensing complaints, types of complaint, and outcomes of complaints, including citations, fines, exclusion orders, license suspensions, revocations, and surrenders.
(B)The number, types, and outcomes of law enforcement contacts made by the facility staff or children, as reported pursuant to subdivision (a) of Section 1538.7.
(b)Subject to subdivision (c), to encourage the recruitment of foster family homes and certified family homes of foster family agencies, protect their personal privacy, and to preserve the security and confidentiality of the placements in the homes, the names, addresses, and other identifying information of facilities licensed as foster family homes and certified family homes of foster family agencies providing 24-hour care for six or fewer children shall be considered personal information for purposes of the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). This information shall not be disclosed by any state or local agency pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), except as necessary for administering the licensing program, facilitating the placement of children in these facilities, and providing names and addresses only to bona fide professional foster parent organizations upon request.
(c)Notwithstanding subdivision (b), the department, a county, or a foster family agency may request information from, or divulge information to, the department, a county, or a foster family agency, regarding a prospective certified parent, foster parent, or relative caregiver for the purpose of, and as necessary to, conduct a reference check to determine whether it is safe and appropriate to license, certify, or approve an applicant to be a certified parent, foster parent, or relative caregiver.
(d)The department may issue a citation and, after the issuance of that citation, may assess a civil penalty of fifty dollars ($50) per day for each instance of a foster family agencys failure to provide the department with the information required by subdivision (h) of Section 88061 of Title 22 of the California Code of Regulations.
(e)The Legislature encourages the department, when funds are available for this purpose, to develop a database that would include all of the following information:
(1)Monthly reports by a foster family agency regarding family homes.
(2)A log of family homes certified and decertified, provided by a foster family agency to the department.
(3)Notification by a foster family agency to the department informing the department of a foster family agencys determination to decertify a certified family home due to any of the following actions by the certified family parent:
(A)Violating licensing rules and regulations.
(B)Aiding, abetting, or permitting the violation of licensing rules and regulations.
(C)Conducting oneself in a way that is inimical to the health, morals, welfare, or safety of a child placed in that certified family home.
(D)Being convicted of a crime while a certified family parent.
(E)Knowingly allowing any child to have illegal drugs or alcohol.
(F)Committing an act of child abuse or neglect or an act of violence against another person.
SEC. 25.Section 1538.3 of the Health and Safety Code is amended to read:1538.3.A county may develop a cooperative agreement with the department to access disclosable, public record information from an automated system, other than the system described in Section 1538.2, concerning substantiated complaints for all group home facilities or short-term residential treatment centers, as defined by regulations of the department, located within that county. Access to the database may be accomplished through a secure online transaction protocol.
SEC. 26.Section 1538.5 of the Health and Safety Code is amended to read:1538.5.(a)(1)Not less than 30 days prior to the anniversary of the effective date of a residential community care facility license, except licensed foster family homes, the department may transmit a copy to the board members of the licensed facility, parents, legal guardians, conservators, clients rights advocates, or placement agencies, as designated in each residents placement agreement, of all inspection reports given to the facility by the department during the past year as a result of a substantiated complaint regarding a violation of this chapter relating to resident abuse and neglect, food, sanitation, incidental medical care, and residential supervision. During that one-year period the copy of the notices transmitted and the proof of the transmittal shall be open for public inspection.
(2)The department may transmit copies of the inspection reports referred to in paragraph (1) concerning a group homes home or short-term residential treatment center, as defined by regulations of the department, to the county in which a the group home facility or short-term residential treatment center is located, if requested by that county.
(3)A group home facility or short-term residential treatment center shall maintain, at the facility, a copy of all licensing reports for the past three years that would be accessible to the public through the department, for inspection by placement officials, current and prospective facility clients, and these clients family members who visit the facility.
(b)The facility operator, at the expense of the facility, shall transmit a copy of all substantiated complaints, by certified mail, to those persons described pursuant to paragraph (1) of subdivision (a) in the following cases:
(1)In the case of a substantiated complaint relating to resident physical or sexual abuse, the facility shall have three days from the date the facility receives the licensing report from the department to comply.
(2)In the case in which a facility has received three or more substantiated complaints relating to the same violation during the past 12 months, the facility shall have five days from the date the facility receives the licensing report to comply.
(c)A residential facility shall retain a copy of the notices transmitted pursuant to subdivision (b) and proof of their transmittal by certified mail for a period of one year after their transmittal.
(d)If a residential facility to which this section applies fails to comply with this section, as determined by the department, the department shall initiate civil penalty action against the facility in accordance with this article and the related rules and regulations.
(e)Not less than 30 days prior to the anniversary of the effective date of the license of any group home facility or short-term residential treatment center, as defined by regulations of the department, at the request of the county in which the group home facility or short-term residential treatment center is located, a group home facility or short-term residential treatment center shall transmit to the county a copy of all incident reports prepared by the group home facility or short-term residential treatment center and transmitted to a placement agency, as described in subdivision (f) of Section 1536.1, in a county other than the county in which the group home facility or short-term residential treatment center is located that involved a response by local law enforcement or emergency services personnel, including runaway incidents. The county shall designate an official for the receipt of the incident reports and shall notify the group home or short-term residential treatment center of the designation. Prior to transmitting copies of incident reports to the county, the group home facility or short-term residential treatment center shall redact the name of any child referenced in the incident reports, and other identifying information regarding any child referenced in the reports. The county may review the incident reports to ensure that the group home facilities have or short-term residential treatment center has taken appropriate action to ensure the health and safety of the residents of the facility.
(f)The department shall notify the residential community care facility of its obligation when it is required to comply with this section.
SEC. 27.Section 1538.6 of the Health and Safety Code is amended to read:1538.6.(a)When the department periodically reviews the record of substantiated complaints against each group home facility or short-term residential treatment center, pursuant to its oversight role as prescribed by Section 1534, to determine whether the nature, number, and severity of incidents upon which complaints were based constitute a basis for concern as to whether the provider is capable of effectively and efficiently operating the program, and if the department determines that there is cause for concern, it may contact the county in which a group home facility or short-term residential treatment center is located and placement agencies in other counties using the group home facility or short-term residential treatment center, and request their recommendations as to what action, if any, the department should take with regard to the providers status as a licensed group home or short-term residential treatment center provider.
(b)It is the intent of the Legislature that the department make every effort to communicate with the county in which a group home facility or short-term residential treatment center is located when the department has concerns about group home facilities homes or short-term residential treatment centers within that county.
SEC. 28.Section 1538.7 of the Health and Safety Code is amended to read:1538.7.(a)A group home, transitional housing placement provider, community treatment facility, or runaway and homeless youth shelter, or short-term residential treatment center shall report to the departments Community Care Licensing Division upon the occurrence of any incident concerning a child in the facility involving contact with law enforcement. At least every six months, the facility shall provide a followup report for each incident, including the type of incident, whether the incident involved an alleged violation of any crime described in Section 602 of the Welfare and Institutions Code by a child residing in the facility; whether staff, children, or both were involved; the gender, race, ethnicity, and age of children involved; and the outcomes, including arrests, removals of children from placement, or termination or suspension of staff.
(b)(1)If the department determines that, based on the licensed capacity, a facility has reported, pursuant to subdivision (a), a greater than average number of law enforcement contacts involving an alleged violation of any crime described in Section 602 of the Welfare and Institutions Code by a child residing in the facility, the department shall inspect the facility at least once a year.
(2)An inspection conducted pursuant to paragraph (1) does not constitute an unannounced inspection required pursuant to Section 1534.
(c)If an inspection is required pursuant to subdivision (b), the Community Care Licensing Division shall provide the report to the departments Children and Family Services Division and to any other public agency that has certified the facilitys program or any component of the facilitys program including, but not limited to, the State Department of Health Care Services, which certifies group homes or short-term residential treatment centers pursuant to Section 4096.5 of the Welfare and Institutions Code.
SEC. 29.Section 1548 of the Health and Safety Code, as added by Section 2 of Chapter 813 of the Statutes of 2014, is amended to read:1548.(a)In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department may levy a civil penalty.
(b)The amount of the civil penalty shall not be less than twenty-five dollars ($25) or more than fifty dollars ($50) per day for each violation of this chapter except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. In no event, shall a civil penalty assessment exceed one hundred fifty dollars ($150) per day per violation.
(c)Notwithstanding Section 1534, the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations:
(1)(A)Fire clearance violations, including, but not limited to, overcapacity, ambulatory status, inoperable smoke alarms, and inoperable fire alarm systems. The civil penalty shall not be assessed if the licensee has done either of the following:
(i)Requested the appropriate fire clearance based on ambulatory, nonambulatory, or bedridden status, and the decision is pending.
(ii)Initiated eviction proceedings.
(B)A licensee denied a clearance for bedridden residents may appeal to the fire authority, and, if that appeal is denied, may subsequently appeal to the Office of the State Fire Marshal, and shall not be assessed an immediate civil penalty until the final appeal is decided, or after 60 days has passed from the date of the citation, whichever is earlier.
(2)Absence of supervision, as required by statute or regulation.
(3)Accessible bodies of water when prohibited in this chapter or regulations adopted pursuant to this chapter.
(4)Accessible firearms, ammunition, or both.
(5)Refused entry to a facility or any part of a facility in violation of Section 1533, 1534, or 1538.
(6)The presence of an excluded person on the premises.
(d)(1)For a violation that the department determines resulted in the death of a resident at an adult residential facility, social rehabilitation facility, enhanced behavioral supports home, or community crisis home, the civil penalty shall be fifteen thousand dollars ($15,000).
(2)For a violation that the department determines resulted in the death of a person receiving care at an adult day program, the civil penalty shall be assessed as follows:
(A)Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensees facilities, to care for 50 or less persons.
(B)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for more than 50 persons.
(3)For a violation that the department determines resulted in the death of a person receiving care at a therapeutic day services facility, foster family agency, community treatment facility, full-service adoption agency, noncustodial adoption agency, transitional shelter care facility, transitional housing placement provider, or group home, or short-term residential treatment center, the civil penalty shall be assessed as follows:
(A)Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensees facilities, to care for 40 or less children.
(B)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for 41 to 100, inclusive, children.
(C)Fifteen thousand dollars ($15,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(4)For a violation that the department determines resulted in the death of a resident at a runaway and homeless youth shelter, the civil penalty shall be five thousand dollars ($5,000).
(e)(1)(A)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident at an adult residential facility, social rehabilitation facility, enhanced behavioral supports home, or community crisis home, the civil penalty shall be ten thousand dollars ($10,000).
(B)For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a person receiving care at an adult day program, the civil penalty shall be assessed as follows:
(i)Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensees facilities, to care for 50 or less persons.
(ii)Five thousand dollars ($5,000) for a licensee licensed, among all of the licensees facilities, to care for more than 50 persons.
(C)For a violation that the department determines constitutes physical abuse, as defined in paragraph (2), or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a person receiving care at a therapeutic day services facility, foster family agency, community treatment facility, full-service adoption agency, noncustodial adoption agency, transitional shelter care facility, transitional housing placement provider, or group home, or short-term residential treatment center, the civil penalty shall be assessed as follows:
(i)Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensees facilities, to care for 40 or less children.
(ii)Five thousand dollars ($5,000) for a licensee licensed, among all of the licensees facilities, to care for 41 to 100, inclusive, children.
(iii)Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensees facilities, to care for more than 100 children.
(D)For a violation that the department determines constitutes physical abuse, as defined in paragraph (2), or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident at a runaway and homeless youth shelter, the civil penalty shall be one thousand dollars ($1,000).
(2)For purposes of subparagraphs (C) and (D), physical abuse includes physical injury inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165.1 of the Penal Code, neglect as defined in Section 11165.2 of the Penal Code, or unlawful corporal punishment or injury as defined in Section 11165.4 of the Penal Code when the person responsible for the childs welfare is a licensee, administrator, or employee of any facility licensed to care for children.
(f)Prior to the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the director.
(g)Notwithstanding Section 1534, any facility that is cited for repeating the same violation of this chapter within 12 months of the first violation is subject to an immediate civil penalty of one hundred fifty dollars ($150) and fifty dollars ($50) for each day the violation continues until the deficiency is corrected.
(h)Any facility that is assessed a civil penalty pursuant to subdivision (g) that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) is subject to an immediate civil penalty of one hundred fifty dollars ($150) for each day the violation continues until the deficiency is corrected.
(i)(1)The department shall adopt regulations setting forth the appeal procedures for deficiencies.
(2)A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 10 days of receipt of the notice of a civil penalty assessment and shall provide all supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. If the regional manager determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the regional managers decision within 60 days of the request to review the assessment of the civil penalty.
(3)The licensee may further appeal to the program administrator of the Community Care Licensing Division within 10 days of receipt of the notice of the regional managers decision and shall provide all supporting documentation at that time. If the program administrator determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the program administrators decision within 60 days of the request to review the regional managers decision.
(4)The licensee may further appeal to the deputy director of the Community Care Licensing Division within 10 days of receipt of the notice of the program directors decision and shall provide all supporting documentation at that time. If the deputy director determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the deputy directors decision within 60 days of the request to review the program administrators decision.
(5)Upon exhausting the deputy director review, a licensee may appeal a civil penalty assessed pursuant to subdivision (d) or (e) to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.
(6)If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.
(j)The department shall adopt regulations implementing this section.
(k)The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by the act that added this subdivision.
(l)As provided in Section 11466.31 of the Welfare and Institutions Code, the department may offset civil penalties owed by a group home or short-term residential treatment center against moneys to be paid by a county for the care of minors after the group home or short-term residential treatment center has exhausted its appeal of the civil penalty assessment. The department shall provide the group home or short-term residential treatment center a reasonable opportunity to pay the civil penalty before instituting the offset provision.
(m)This section shall become operative on July 1, 2015.
SEC. 30.Section 1562 of the Health and Safety Code is amended to read:1562.(a)The director department shall ensure that operators and staffs of community care facilities have appropriate training to provide the care and services for which a license or certificate is issued. The section shall not apply to a facility licensed as an Adult Residential Facility for Persons with Special Health Care Needs pursuant to Article 9 (commencing with Section 1567.50).
(b)It is the intent of the Legislature that children in foster care reside in the least restrictive, family-based settings that can meet their needs, and that group homes and short-term residential treatment centers will be used only for short-term, specialized, and intensive treatment purposes that are consistent with a case plan that is determined by a childs best interests. Accordingly, the Legislature encourages the department to adopt policies, practices, and guidance that ensure that the education, qualification, and training requirements for child care staff in group homes and short-term residential treatment centers are consistent with the intended role of group homes and short-term residential treatment centers to provide short-term, specialized, and intensive treatment, with a particular focus on crisis intervention, behavioral stabilization, and other treatment-related goals, as well as the connections between those efforts and work toward permanency for children.
(c)(1)On and after October 1, 2014, each Each person employed as a facility manager or staff member of a group home or short-term residential treatment center, as defined in paragraph paragraphs (13) and (18) of subdivision (a) of Section 1502, who provides direct care and supervision to children and youth residing in the group home or short-term residential treatment center shall be at least 21 years of age.
(2)Paragraph (1) shall not apply to a facility manager or staff member employed at the group home before October 1, 2014.
(3)For purposes of this subdivision, group home does not include a runaway and homeless youth shelter.
SEC. 31.Section 1562.01 is added to the Health and Safety Code, to read:1562.01.(a)(1)Commencing January 1, 2017, the department shall license short-term residential treatment centers, as defined in paragraph (18) of subdivision (a) of Section 1502, pursuant to this chapter. The department may license a facility as a short-term residential treatment center prior to January 1, 2017. A short-term residential treatment center shall comply with all requirements of this chapter that are applicable to group homes and to the requirements of this section.
(2)(A)A short-term residential treatment center shall prepare and maintain a current, written plan of operation as required by the department.
(B)The plan of operation shall include, but not be limited to, all of the following:
(i)Description of the short-term residential treatment centers ability to support the differing needs of children and their families with short-term, specialized, and intensive treatment.
(ii)Description of the core services, as set forth in paragraph (1) of subdivision (b) of Section 11462 of the Welfare and Institutions Code, to be offered to children and their families, as appropriate or necessary.
(iii)Any other information that may be prescribed by the department for the proper administration of this section.
(b)In addition to the rules and regulations adopted pursuant to this chapter, a county licensed to operate a short-term residential treatment center shall describe, in the plan of operation, its conflict of interest mitigation plan, as set forth in subdivision (g) of Section 11462.02 of the Welfare and Institutions Code.
(c)(1)The department shall establish requirements for the education, qualification, and training of facility managers and child care staff in short-term residential treatment centers consistent with the intended role of these facilities to provide short-term, specialized, and intensive treatment.
(2)Requirements shall include, but not be limited to, all of the following:
(A)Staff classifications.
(B)Specification of the date by which employees shall be required to meet the education, qualification, and training requirements.
(C)Any other requirements that may be prescribed by the department for the proper administration of this section.
(d)Notwithstanding any other section of this chapter, the department shall establish requirements for licensed group homes that are transitioning to short-term residential treatment centers, which may include, but not be limited to, requirements related to application and plan of operation.
(e)The department shall have the authority to inspect a short-term residential treatment center pursuant to subdivision (c) of Section 11462 of the Welfare and Institutions Code.
SEC. 32.Section 1562.35 of the Health and Safety Code is amended to read:1562.35.Notwithstanding any provision of law to the contrary, including, but not limited to Section 1562.3, vendors approved by the department who exclusively provide either initial or continuing education courses for certification of administrators of an adult residential facility as defined by regulations of the department, a group home facility as defined by regulations of the department, a short-term residential treatment center as defined by the department, or a residential care facility for the elderly as defined in subdivision (k) of Section 1569.2, shall be regulated solely by the department pursuant to this chapter. No other state or local governmental entity shall be responsible for regulating the activity of those vendors.
SEC. 33.Section 1563 of the Health and Safety Code is amended to read:1563.(a)The director department shall ensure that licensing personnel at the department have appropriate training to properly carry out this chapter.
(b)The director department shall institute a staff development and training program to develop among departmental staff the knowledge and understanding necessary to successfully carry out this chapter. Specifically, the program shall do all of the following:
(1)Provide staff with 36 hours of training per year that reflects the needs of persons served by community care facilities. This training shall, where appropriate, include specialized instruction in the needs of foster children, persons with mental disorders, or developmental or physical disabilities, or other groups served by specialized community care facilities.
(2)Give priority to applications for employment from persons with experience as care providers to persons served by community care facilities.
(3)Provide new staff with comprehensive training within the first six months of employment. This comprehensive training shall, at a minimum, include the following core areas: administrative action process, client populations, conducting facility visits, cultural awareness, documentation skills, facility operations, human relation skills, interviewing techniques, investigation processes, and regulation administration.
(c)In addition to the requirements in subdivision (b), group home, short-term residential treatment center, and foster family agency licensing personnel shall receive a minimum of 24 hours of training per year to increase their understanding of children in group homes, short-term residential treatment centers, certified homes, and foster family homes. The training shall cover, but not be limited to, all of the following topics:
(1)The types and characteristics of emotionally troubled children.
(2)The high-risk behaviors they exhibit.
(3)The biological, psychological, interpersonal, and social contributors to these behaviors.
(4)The range of management and treatment interventions utilized for these children, including, but not limited to, nonviolent, emergency intervention techniques.
(5)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
SEC. 34.Section 1567.4 of the Health and Safety Code is amended to read:1567.4.The State Department of Social Services shall provide, at cost, quarterly to each county and to each city, upon the request of the county or city, and to the chief probation officer of each county and city and county, a roster of all community care facilities licensed as small family homes, short-term residential treatment centers, or group homes located in the county, which provide services to wards of the juvenile court, including information as to whether each facility is licensed by the state or the county, the type of facility, and the licensed bed capacity of each such facility. Information concerning the facility shall be limited to that available through the computer system of the State Department of Social Services.
SEC. 35.Section 11105.2 of the Penal Code is amended to read:11105.2.(a)The Department of Justice may provide subsequent state or federal arrest or disposition notification to any entity authorized by state or federal law to receive state or federal summary criminal history information to assist in fulfilling employment, licensing, certification duties, or the duties of approving relative caregivers and, nonrelative extended family members, and resource families upon the arrest or disposition of any person whose fingerprints are maintained on file at the Department of Justice or the Federal Bureau of Investigation as the result of an application for licensing, employment, certification, or approval. Nothing in this section shall authorize the notification of a subsequent disposition pertaining to a disposition that does not result in a conviction, unless the department has previously received notification of the arrest and has previously lawfully notified a receiving entity of the pending status of that arrest. When the department supplies subsequent arrest or disposition notification to a receiving entity, the entity shall, at the same time, expeditiously furnish a copy of the information to the person to whom it relates if the information is a basis for an adverse employment, licensing, or certification decision. When furnished other than in person, the copy shall be delivered to the last contact information provided by the applicant.
(b)For purposes of this section, approval means those duties described in subdivision (d) of Section 309 of the Welfare and Institutions Code for approving the home of a relative caregiver or of a nonrelative extended family member for placement of a child supervised by the juvenile court, and those duties in Section 16519.5 of the Welfare and Institutions Code for resource families.
(c)Any entity, other than a law enforcement agency employing peace officers as defined in Section 830.1, subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section 830.3, subdivisions (a) and (b) of Section 830.5, and subdivision (a) of Section 830.31, shall enter into a contract with the Department of Justice in order to receive notification of subsequent state or federal arrests or dispositions for licensing, employment, or certification purposes.
(d)Any entity which that submits the fingerprints of applicants for licensing, employment, certification, or approval to the Department of Justice for the purpose of establishing a record of the applicant to receive notification of subsequent state or federal arrests or dispositions shall immediately notify the department when the employment of the applicant is terminated, when the applicants license or certificate is revoked, when the applicant may no longer renew or reinstate the license or certificate, or when a relative caregivers or nonrelative extended family members approval is terminated. The Department of Justice shall terminate state or federal subsequent notification on any applicant upon the request of the licensing, employment, certifying, or approving authority.
(e)Any entity receiving that receives a notification of a state or federal subsequent arrest or disposition for a person unknown to the entity, or for a person no longer employed by the entity, or no longer eligible to renew the certificate or license for which subsequent notification service was established shall immediately return the subsequent notification to the Department of Justice, informing the department that the entity is no longer interested in the applicant. The entity shall not record or otherwise retain any information received as a result of the subsequent notice.
(f)Any entity that submits the fingerprints of an applicant for employment, licensing, certification, or approval to the Department of Justice for the purpose of establishing a record at the department or the Federal Bureau of Investigation to receive notification of subsequent arrest or disposition shall immediately notify the department if the applicant is not subsequently employed, or if the applicant is denied licensing certification, or approval.
(g)An entity that fails to provide the Department of Justice with notification as set forth in subdivisions (c), (d), and (e) may be denied further subsequent notification service.
(h)Notwithstanding subdivisions (c), (d), and (f), subsequent notification by the Department of Justice and retention by the employing agency shall continue as to retired peace officers listed in subdivision (c) of Section 830.5.
SEC. 36.Section 11105.3 of the Penal Code is amended to read:11105.3.(a)Notwithstanding any other law, a human resource agency or an employer may request from the Department of Justice records of all convictions or any arrest pending adjudication involving the offenses specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code of a person who applies for a license, employment, or volunteer position, in which he or she would have supervisory or disciplinary power over a minor or any person under his or her care. The department shall furnish the information to the requesting employer and shall also send a copy of the information to the applicant.
(b)Any request for records under subdivision (a) shall include the applicants fingerprints, which may be taken by the requester, and any other data specified by the department. The request shall be on a form approved by the department, and the department may charge a fee to be paid by the employer, human resource agency, or applicant for the actual cost of processing the request. However, no fee shall be charged to a nonprofit organization. Requests received by the department for federal level criminal offender record information shall be forwarded to the Federal Bureau of Investigation by the department to be searched for any record of arrests or convictions.
(c)(1)Where When a request pursuant to this section reveals that a prospective employee or volunteer has been convicted of a violation or attempted violation of Section 220, 261.5, 262, 273a, 273d, or 273.5, or any sex offense listed in Section 290, except for the offense specified in subdivision (d) of Section 243.4, and where the agency or employer hires the prospective employee or volunteer, the agency or employer shall notify the parents or guardians of any minor who will be supervised or disciplined by the employee or volunteer. A conviction for a violation or attempted violation of an offense committed outside the State of California shall be included in this notice if the offense would have been a crime specified in this subdivision if committed in California. The notice shall be given to the parents or guardians with whom the child resides, and shall be given at least 10 days prior to the day that the employee or volunteer begins his or her duties or tasks. Notwithstanding any other provision of law, any person who conveys or receives information in good faith and in conformity with this section is exempt from prosecution under Section 11142 or 11143 for that conveying or receiving of information. Notwithstanding subdivision (d), the notification requirements of this subdivision shall apply as an additional requirement of any other provision of law requiring criminal record access or dissemination of criminal history information.
(2)The notification requirement pursuant to paragraph (1) shall not apply to a misdemeanor conviction for violating Section 261.5 or to a conviction for violating Section 262 or 273.5. Nothing in this paragraph shall preclude an employer from requesting records of convictions for violating Section 261.5, 262, or 273.5 from the Department of Justice pursuant to this section.
(d)Nothing in this section supersedes any law requiring criminal record access or dissemination of criminal history information. In any conflict with another statute, dissemination of criminal history information shall be pursuant to the mandatory statute. This subdivision applies to, but is not limited to, requirements pursuant to Article 1 (commencing with Section 1500) of Chapter 3 of, and Chapter 3.2 (commencing with Section 1569) and Chapter 3.4 (commencing with Section 1596.70) of, Division 2 of, and Section 1522 of, the Health and Safety Code, and Sections 8712, 8811, and 8908 of the Family Code, and Section 16519.5 of the Welfare and Institutions Code.
(e)The department may adopt regulations to implement the provisions of this section as necessary.
(f)As used in this section, employer means any nonprofit corporation or other organization specified by the Attorney General which employs or uses the services of volunteers in positions in which the volunteer or employee has supervisory or disciplinary power over a child or children.
(g)As used in this section, human resource agency means a public or private entity, excluding any agency responsible for licensing of facilities pursuant to the California Community Care Facilities Act (Chapter 3 (commencing with Section 1500)), the California Residential Care Facilities for the Elderly Act (Chapter 3.2 (commencing with Section 1569)), Chapter 3.01 (commencing with Section 1568.01), and the California Child Day Care Facilities Act (Chapter 3.4 (commencing with Section 1596.70)) of Division 2 of the Health and Safety Code, responsible for determining the character and fitness of a person who is:
(1)Applying for a license, employment, or as a volunteer within the human services field that involves the care and security of children, the elderly, the handicapped, or the mentally impaired.
(2)Applying to be a volunteer who transports individuals impaired by drugs or alcohol.
(3)Applying to adopt a child or to be a foster parent.
(h)Except as provided in subdivision (c), any criminal history information obtained pursuant to this section is confidential and no recipient shall disclose its contents other than for the purpose for which it was acquired.
(i)As used in this subdivision, community youth athletic program means an employer having as its primary purpose the promotion or provision of athletic activities for youth under 18 years of age.
(j)A community youth athletic program, as defined in subdivision (i), may request state and federal level criminal history information pursuant to subdivision (a) for a volunteer coach or hired coach candidate. The director of the community youth athletic program shall be the custodian of records.
(k)The community youth athletic program may request from the Department of Justice subsequent arrest notification service, as provided in Section 11105.2, for a volunteer coach or a hired coach candidate.
(l)Compliance with this section does not remove or limit the liability of a mandated reporter pursuant to Section 11166.
SEC. 37.Section 361.2 of the Welfare and Institutions Code is amended to read:361.2.(a)When a court orders removal of a child pursuant to Section 361, the court shall first determine whether there is a parent of the child, with whom the child was not residing at the time that the events or conditions arose that brought the child within the provisions of Section 300, who desires to assume custody of the child. If that parent requests custody, the court shall place the child with the parent unless it finds that placement with that parent would be detrimental to the safety, protection, or physical or emotional well-being of the child. The fact that the parent is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with his or her parent shall not be, for that reason alone, prima facie evidence that placement with that parent would be detrimental.
(b)If the court places the child with that parent it may do any of the following:
(1)Order that the parent become legal and physical custodian of the child. The court may also provide reasonable visitation by the noncustodial parent. The court shall then terminate its jurisdiction over the child. The custody order shall continue unless modified by a subsequent order of the superior court. The order of the juvenile court shall be filed in any domestic relation proceeding between the parents.
(2)Order that the parent assume custody subject to the jurisdiction of the juvenile court and require that a home visit be conducted within three months. In determining whether to take the action described in this paragraph, the court shall consider any concerns that have been raised by the childs 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 parents immigration status.
(2)The approved home of a relative, regardless of the relatives immigration status.
(3)The approved home of a nonrelative extended family member as defined in Section 362.7.
(4)The approved home of a resource family as defined in Section 16519.5.
(5)A foster home in which the child has been placed before an interruption in foster care, if that placement is in the best interest of the child and space is available.
(6)A suitable licensed community care facility, except a runaway and homeless youth shelter licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code.
(7)With a foster family agency to be placed in a suitable licensed foster family home or certified family home which that has been certified by the agency as meeting licensing standards.
(8)A home or facility in accordance with the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(9)A child under six years of age may shall not be placed in a community care facility licensed as a group home for children, a short-term residential treatment center as defined in subdivision (ad) of Section 11400, or a temporary shelter care facility as defined in Section 1530.8 of the Health and Safety Code, only except under any of the following circumstances:
(A)(i)When a case plan indicates that placement is for purposes of providing short term, specialized, and intensive treatment to the child, the case plan specifies the need for, nature of, and anticipated duration of this treatment, pursuant to paragraph (2) of subdivision (c) of Section 16501.1, the case plan includes transitioning the child to a less restrictive environment and the projected timeline by which the child will be transitioned to a less restrictive environment, and the facility meets the applicable regulations adopted under Section 1530.8 of the Health and Safety Code and standards developed pursuant to Section 11467.1 of this code, and the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department has approved the case plan.
(ii)The short term, specialized, and intensive treatment period shall not exceed 120 days, unless the county has made progress toward or is actively working toward implementing the case plan that identifies the services or supports necessary to transition the child to a family setting, circumstances beyond the countys control have prevented the county from obtaining those services or supports within the timeline documented in the case plan, and the need for additional time pursuant to the case plan is documented by the caseworker and approved by a deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department.
(iii)To the extent that placements pursuant to this paragraph are extended beyond an initial 120 days, the requirements of clauses (i) and (ii) shall apply to each extension. In addition, the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department shall approve the continued placement no less frequently than every 60 days.
(B)When a case plan indicates that placement is for purposes of providing family reunification services. In addition, the facility offers family reunification services that meet the needs of the individual child and his or her family, permits parents to have reasonable access to their children 24 hours a day, encourages extensive parental involvement in meeting the daily needs of their children, and employs staff trained to provide family reunification services. In addition, one of the following conditions exists:
(i)The childs parent is also a ward of the court and resides in the facility.
(ii)The childs parent is participating in a treatment program affiliated with the facility and the childs placement in the facility facilitates the coordination and provision of reunification services.
(iii)Placement in the facility is the only alternative that permits the parent to have daily 24-hour access to the child in accordance with the case plan, to participate fully in meeting all of the daily needs of the child, including feeding and personal hygiene, and to have access to necessary reunification services.
(10)(A)A child who is 6 to 12 years of age, inclusive, may be placed in a community care facility licensed as a group home for children or a short-term residential treatment center as defined in subdivision (ad) of Section 11400, only when a case plan indicates that placement is for purposes of providing short term, specialized, and intensive treatment for the child, the case plan specifies the need for, nature of, and anticipated duration of this treatment, pursuant to paragraph (2) of subdivision (c) of Section 16501.1, the case plan includes transitioning the child to a less restrictive environment and the projected timeline by which the child will be transitioned to a less restrictive environment, and is approved by the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department.
(B)The short term, specialized, and intensive treatment period shall not exceed six months, unless the county has made progress or is actively working toward implementing the case plan that identifies the services or supports necessary to transition the child to a family setting, circumstances beyond the countys control have prevented the county from obtaining those services or supports within the timeline documented in the case plan, and the need for additional time pursuant to the case plan is documented by the caseworker and approved by a deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department.
(C)To the extent that placements pursuant to this paragraph are extended beyond an initial six months, the requirements of subparagraphs (A) and (B) shall apply to each extension. In addition, the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department shall approve the continued placement no less frequently than every 60 days.
(11)A child may be placed into a community care facility licensed as a group home, or commencing January 1, 2017, a short-term residential treatment center as defined in subdivision (ad) of Section 11400, only when the case plan indicates that placement is for purposes of providing short-term, specialized, and intensive treatment for the child, the case plan specifies the need for, nature of, and anticipated duration of this treatment, pursuant to paragraph (2) of subdivision (c) of Section 16501.1, and the case plan includes transitioning the child to a less restrictive environment and the projected timeline by which the child will be transitioned to a less restrictive environment.
(11)
(12)Nothing in this subdivision shall be construed to allow a social worker to place any dependent child outside the United States, except as specified in subdivision (f).
(f)(1)A child under the supervision of a social worker pursuant to subdivision (e) shall not be placed outside the United States prior to a judicial finding that the placement is in the best interest of the child, except as required by federal law or treaty.
(2)The party or agency requesting placement of the child outside the United States shall carry the burden of proof and shall show, by clear and convincing evidence, that placement outside the United States is in the best interest of the child.
(3)In determining the best interest of the child, the court shall consider, but not be limited to, the following factors:
(A)Placement with a relative.
(B)Placement of siblings in the same home.
(C)Amount and nature of any contact between the child and the potential guardian or caretaker.
(D)Physical and medical needs of the dependent child.
(E)Psychological and emotional needs of the dependent child.
(F)Social, cultural, and educational needs of the dependent child.
(G)Specific desires of any dependent child who is 12 years of age or older.
(4)If the court finds that a placement outside the United States is, by clear and convincing evidence, in the best interest of the child, the court may issue an order authorizing the social worker to make a placement outside the United States. A child subject to this subdivision shall not leave the United States prior to the issuance of the order described in this paragraph.
(5)For purposes of this subdivision, outside the United States shall not include the lands of any federally recognized American Indian tribe or Alaskan Natives.
(6)This subdivision shall not apply to the placement of a dependent child with a parent pursuant to subdivision (a).
(g)(1)If the child is taken from the physical custody of the childs 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 childs parent or guardian in order to facilitate reunification of the family.
(2)In the event that there are no appropriate placements available in the parents or guardians county of residence, a placement may be made in an appropriate place in another county, preferably a county located adjacent to the parents or guardians community of residence.
(3)Nothing in this section shall be interpreted as requiring multiple disruptions of the childs 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 parents or guardians 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 childs parents or guardians county of residence, the specific reason the out-of-county placement is necessary shall be documented in the childs case plan. If the reason the out-of-county placement is necessary is the lack of resources in the sending county to meet the specific needs of the child, those specific resource needs shall be documented in the case plan.
(5)When it has been determined that a child is to be placed out of county either in a group home or a short-term residential treatment center, or with a foster family agency for subsequent placement in a certified foster family home, and the sending county is to maintain responsibility for supervision and visitation of the child, the sending county shall develop a plan of supervision and visitation that specifies the supervision and visitation activities to be performed and specifies that the sending county is responsible for performing those activities. In addition to the plan of supervision and visitation, the sending county shall document information regarding any known or suspected dangerous behavior of the child that indicates the child may pose a safety concern in the receiving county. Upon implementation of the Child Welfare Services Case Management System, the The plan of supervision and visitation, as well as information regarding any known or suspected dangerous behavior of the child, shall be made available to the receiving county upon placement of the child in the receiving county. If placement occurs on a weekend or holiday, the information shall be made available to the receiving county on or before the end of the next business day.
(6)When it has been determined that a child is to be placed out of county and the sending county plans that the receiving county shall be responsible for the supervision and visitation of the child, the sending county shall develop a formal agreement between the sending and receiving counties. The formal agreement shall specify the supervision and visitation to be provided the child, and shall specify that the receiving county is responsible for providing the supervision and visitation. The formal agreement shall be approved and signed by the sending and receiving counties prior to placement of the child in the receiving county. In addition, upon completion of the case plan, the sending county shall provide a copy of the completed case plan to the receiving county. The case plan shall include information regarding any known or suspected dangerous behavior of the child that indicates the child may pose a safety concern to the receiving county.
(h)Whenever the social worker must change the placement of the child and is unable to find a suitable placement within the county and must place the child outside the county, the placement shall not be made until he or she has served written notice on the parent or guardian at least 14 days prior to the placement, unless the childs health or well-being is endangered by delaying the action or would be endangered if prior notice were given. The notice shall state the reasons which require placement outside the county. The parent or guardian may object to the placement not later than seven days after receipt of the notice and, upon objection, the court shall hold a hearing not later than five days after the objection and prior to the placement. The court shall order out-of-county placement if it finds that the childs particular needs require placement outside the county.
(i)Where When the court has ordered removal of the child from the physical custody of his or her parents pursuant to Section 361, the court shall consider whether the family ties and best interest of the child will be served by granting visitation rights to the childs grandparents. The court shall clearly specify those rights to the social worker.
(j)Where When the court has ordered removal of the child from the physical custody of his or her parents pursuant to Section 361, the court shall consider whether there are any siblings under the courts jurisdiction, or any nondependent siblings in the physical custody of a parent subject to the courts 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 childs 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 childs caregiver is able to meet the day-to-day health, safety, and well-being needs of the child.
(B)The childs caregiver is permitted to maintain the least restrictive and most family-like environment that serves the day-to-day needs of the child.
(C)The child is permitted to engage in reasonable, age-appropriate day-to-day activities that promote the most family-like environment for the foster child.
(2)The foster childs 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 childs caregiver to permit the child to engage in day-to-day activities that carry an unreasonable risk of harm, or subject the child to abuse or neglect.
SEC. 38.Section 727.1 of the Welfare and Institutions Code is amended to read:727.1.(a)When the court orders the care, custody, and control of the minor to be under the supervision of the probation officer for foster care placement pursuant to subdivision (a) of Section 727, the decision regarding choice of placement shall be based upon selection of a safe setting that is the least restrictive or most family like, and the most appropriate setting that is available and in close proximity to the parents home, consistent with the selection of the environment best suited to meet the minors special needs and best interests. The selection shall consider, in order of priority, placement with relatives, tribal members, and foster family, group care, and residential treatment pursuant to Section 7950 of the Family Code.
(b)Unless otherwise authorized by law, the court may not order the placement of a minor who is adjudged a ward of the court on the basis that he or she is a person described by either Section 601 or 602 in a private residential facility or program that provides 24-hour supervision, outside of the state, unless the court finds, in its order of placement, that all of the following conditions are met:
(1)In-state facilities or programs have been determined to be unavailable or inadequate to meet the needs of the minor.
(2)The State Department of Social Services or its designee has performed initial and continuing inspection of the out-of-state residential facility or program and has either certified that the facility or program meets the greater of all licensure standards required of group homes or of short-term residential treatment centers, operated in California or that the department has granted a waiver to a specific licensing standard upon a finding that there exists no adverse impact to health and safety, pursuant to subdivision (c) of Section 7911.1 of the Family Code.
(3)The requirements of Section 7911.1 of the Family Code are met.
(c)If, upon inspection, the probation officer of the county in which the minor is adjudged a ward of the court determines that the out-of-state facility or program is not in compliance with the standards required under paragraph (2) of subdivision (b) or has an adverse impact on the health and safety of the minor, the probation officer may temporarily remove the minor from the facility or program. The probation officer shall promptly inform the court of the minors removal, and shall return the minor to the court for a hearing to review the suitability of continued out-of-state placement. The probation officer shall, within one business day of removing the minor, notify the State Department of Social Services Compact Administrator, and, within five working days, submit a written report of the findings and actions taken.
(d)The court shall review each of these placements for compliance with the requirements of subdivision (b) at least once every six months.
(e)The county shall not be entitled to receive or expend any public funds for the placement of a minor in an out-of-state group home or short-term residential treatment center, unless the conditions of subdivisions (b) and (d) are met.
SEC. 39.Section 831 is added to the Welfare and Institutions Code, to read:831.(a)(1)For purposes of this section, a child and family team means a supportive team that informs the process of placement and services to foster children and to children at risk of foster care placement. The child and family team is comprised of the child, the childs family, the caregiver, the placing agency caseworker, the childs tribe and Indian custodian if the child is Indian, and the county mental health representative. As appropriate, the child and family team also may include, but is not limited to, behavioral health representatives and other formal supports, such as educational professionals and representatives from other agencies providing services to the child and family. A child and family team also may include extended family and informal support persons, such as friends, coaches, faith-based connections, and tribes as identified by the child and family. For purposes of this definition, if placement into a short-term residential treatment center or a foster family agency that provides treatment services has occurred or is being considered, the mental health representative is required to be a licensed mental health professional.
(2)To promote more effective communication needed for the development of a plan to address the needs of the child and family, a person designated as a member of a child and family team pursuant to subdivision (a) of Section 16501 may receive and disclose relevant information and records, subject to the confidentiality provisions described in this section.
(3)Information exchanged among the team shall be received in confidence for the limited purpose of providing necessary services and supports to the child and family and shall not be further disclosed except to the juvenile court with jurisdiction over the child or as otherwise required by law.
(b)When a child and family have been identified as benefiting from the convening of a child and family team, the following shall occur:
(1)The parents or guardians and the child shall be informed of the nature of the team, the expected benefit of convening the team, and the expected outcome of the team.
(2)The parents or guardians and the child shall be informed that they may decline participation in the team.
(3)If the parents or guardians or the child agree to participate in the team, the proposed members of the team shall be identified. The parents or guardians and the child shall be permitted to identify nonprofessionals, such as relatives, nonrelative extended family members, and caregivers or former caregivers, to participate on the team.
(4)All team members shall be fully apprised of the confidentiality requirements of this subdivision prior to participation in the team meetings and shall sign a confidentiality agreement.
(c)(1)When a child and family team is convened, each participating parent, guardian, and child with legal power to consent shall be asked to sign an authorization to release information to team members. In the event that a child who is a dependent of the juvenile court does not have the legal power to consent to the release of information, the court is authorized to consent on behalf of the child.
(2)Authorization to release information shall be in writing and shall comply with all other applicable state law governing release of medical, mental health, social service, and educational records, and that covers identified team members, including service providers, in order to permit the release of records to the team.
(A)Authorization for the release of medical records may be indicated on a separate form designated for that purpose.
(B)This authorization shall not include release of adoption records.
(3)All team members from whom an authorization to release information is required shall be informed of the right to refuse to sign, or to limit the scope of, the consent form.
(4)The knowing and informed consent to release information given pursuant to this section shall only be in force for the time that the child or family, or nonminor dependent, is participating in the child and family team.
(d)(1)Upon obtaining the authorization to release information as described in subdivision (c), relevant information and records may be shared with members of the team. If the team determines that the disclosure of information would present a reasonable risk of a significant adverse or detrimental effect on the minors psychological or physical safety, the information shall not be released.
(2)To the extent the records were generated as a result of health care services to which the child has the power to consent under state law, release of these records may take place only after the team has received written authorization from the child to release the records.
(e)Before each team meeting, a facilitator shall explain both of the following to the team before information may be exchanged about a particular child or family:
(1)Information provided by the child or family may only be exchanged with team members with the express written consent of the family and the child or person with the legal right to consent on behalf of the child.
(2)Information discussed in the team meetings shall not be disclosed to anyone other than members of the team and juvenile court, unless otherwise required by law. Civil and criminal penalties may apply to the inappropriate disclosure of information held by the team.
(f)Every member of the child and family team who receives information or records on the child and family served by the team shall be under the same privacy and confidentiality obligations as the person disclosing or providing the information or records. The information or records obtained shall be maintained in a manner that ensures the maximum protection of privacy and confidentiality rights.
(g)This section shall not be construed to restrict guarantees of confidentiality provided under federal law.
(h)Information and records communicated or provided to the team, by all providers, programs, and agencies, as well as information and records created by the team in the course of serving a child and his or her family, shall be deemed private and confidential and shall be protected from discovery and disclosure by all applicable statutory and common law. Nothing in this section shall be construed to affect the authority of a health care provider to disclose medical information pursuant to paragraph (1) of subdivision (c) of Section 56.10 of the Civil Code.
(i)If the child welfare agency files or records, or any portions thereof, are privileged or confidential, pursuant to any other state law, except Section 827, or federal law or regulation, the requirements of that state law or federal law or regulation prohibiting or limiting release of the child welfare agency files or records, or any portions thereof, shall prevail.
(j)All discussions during team meetings are confidential unless disclosure is required by law. Notwithstanding any other law, testimony concerning any team meeting discussion is not admissible in any criminal or civil proceeding except as provided in paragraph (2) of subdivision (a).
(k)As used in this section, privileged information means any information subject to a privilege pursuant to Division 8 (commencing with Section 900) of the Evidence Code. Disclosure of otherwise privileged information to team members shall not be construed to waive the privilege.
SEC. 40.Section 4094.2 of the Welfare and Institutions Code is amended to read:4094.2.(a)For the purpose of establishing payment rates for community treatment facility programs, the private nonprofit agencies selected to operate these programs shall prepare a budget that covers the total costs of providing residential care and supervision and mental health services for their proposed programs. These costs shall include categories that are allowable under Californias Foster Care program and existing programs for mental health services. They shall not include educational, nonmental health medical, and dental costs.
(b)Each agency operating a community treatment facility program shall negotiate a final budget with the local mental health department in the county in which its facility is located (the host county) and other local agencies, as appropriate. This budget agreement shall specify the types and level of care and services to be provided by the community treatment facility program and a payment rate that fully covers the costs included in the negotiated budget. All counties that place children in a community treatment facility program shall make payments using the budget agreement negotiated by the community treatment facility provider and the host county.
(c)A foster care rate shall be established for each community treatment facility program by the State Department of Social Services. These
(1)These rates shall be established using the existing foster care ratesetting system for group homes, or the rate for a short-term residential treatment center as defined in subdivision (ad) of Section 11400, with modifications designed as necessary. It is anticipated that all community treatment facility programs will offer the level of care and services required to receive the highest foster care rate provided for under the current group home ratesetting system.
(2)Commencing January 1, 2018, the program shall have accreditation from a nationally recognized accrediting entity identified by the State Department of Social Services pursuant to the process described in paragraph (4) of subdivision (b) of Section 11462.
(d)For the 200102 fiscal year, the 200203 fiscal year, the 200304 fiscal year, and the 200405 fiscal year, community treatment facility programs shall also be paid a community treatment facility supplemental rate of up to two thousand five hundred dollars ($2,500) per child per month on behalf of children eligible under the foster care program and children placed out of home pursuant to an individualized education program developed under Section 7572.5 of the Government Code. Subject to the availability of funds, the supplemental rate shall be shared by the state and the counties. Counties shall be responsible for paying a county share of cost equal to 60 percent of the community treatment rate for children placed by counties in community treatment facilities and the state shall be responsible for 40 percent of the community treatment facility supplemental rate. The community treatment facility supplemental rate is intended to supplement, and not to supplant, the payments for which children placed in community treatment facilities are eligible to receive under the foster care program and the existing programs for mental health services.
(e)For initial ratesetting purposes for community treatment facility funding, the cost of mental health services shall be determined by deducting the foster care rate and the community treatment facility supplemental rate from the total allowable cost of the community treatment facility program. Payments to certified providers for mental health services shall be based on eligible services provided to children who are Medi-Cal beneficiaries, up to the approved federal rate for these services.
(f)The State Department of Health Care Services shall provide the community treatment facility supplemental rates to the counties for advanced payment to the community treatment facility providers in the same manner as the regular foster care payment and within the same required payment time limits.
(g)In order to facilitate the study of the costs of community treatment facilities, licensed community treatment facilities shall provide all documents regarding facility operations, treatment, and placements requested by the department.
(h)It is the intent of the Legislature that the State Department of Health Care Services and the State Department of Social Services work to maximize federal financial participation in funding for children placed in community treatment facilities through funds available pursuant to Titles IV-E and XIX of the federal Social Security Act (Title 42 U.S.C. Sec. 670 et seq. and Sec. 1396 et seq.) and other appropriate federal programs.
(i)The State Department of Health Care Services and the State Department of Social Services may adopt emergency regulations necessary to implement joint protocols for the oversight of community treatment facilities, to modify existing licensing regulations governing reporting requirements and other procedural and administrative mandates to take into account the seriousness and frequency of behaviors that are likely to be exhibited by the seriously emotionally disturbed children placed in community treatment facility programs, to modify the existing foster care ratesetting regulations, and to pay the community treatment facility supplemental rate. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, and general welfare. The regulations shall become effective immediately upon filing with the Secretary of State. The regulations shall not remain in effect more than 180 days unless the adopting agency complies with all the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, as required by subdivision (e) of Section 11346.1 of the Government Code.
SEC. 41.Section 4096 of the Welfare and Institutions Code is amended to read:4096.(a)(1)Interagency collaboration and childrens program services shall be structured in a manner that will facilitate future implementation of the goals of the Childrens Mental Health Services Act.
(2)Components shall be added to state-county performance contracts required in Section 5650 that provide for reports from counties on how this section is implemented.
(3)The department shall develop performance contract components required by paragraph (2).
(4)Performance contracts subject to this section shall document that the procedures to be implemented in compliance with this section have been approved by the county social services department and the county probation department.
(b)Funds specified in subdivision (a) of Section 17601 for services to wards of the court and dependent children of the court shall be allocated and distributed to counties based on the number of wards of the court and dependent children of the court in the county.
(c)A county may utilize funds allocated pursuant to subdivision (b) only if the county has an established and operational interagency placement committee, with a membership that includes at least the county placement agency and a licensed mental health professional from the county department of mental health. If necessary, the funds may be used for costs associated with establishing the interagency placement committee.
(d)Subsequent to the establishment of an interagency placement committee, funds allocated pursuant to subdivision (b) shall be used to provide services to wards of the court and dependent children of the court jointly identified by county mental health, social services, and probation departments as the highest priority. Every effort shall be made to match those funds with funds received pursuant to Title XIX of the federal Social Security Act, contained in Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code.
(e)(1)Each interagency placement committee shall establish procedures whereby a ward of the court or dependent child of the court, or a voluntarily placed child whose placement is funded by the Aid to Families with Dependent Children-Foster Care Program, who is to be placed or is currently placed in a group home program at a rate classification level 13 or rate classification level 14 as specified in Section 11462.01, is assessed as seriously emotionally disturbed, as defined in Section 5600.3 and Section 1502.4 of the Health and Safety Code.
(2)The assessment required by paragraph (1) shall also indicate that the child is in need of the care and services provided by that group home program.
(f)The interagency placement committee shall document the results of the assessment required by subdivision (e) and shall notify the appropriate group home provider and county placing agency, in writing, of those results within 10 days of the completion of the assessment.
(g)If the childs placement is not funded by the Aid to Families with Dependent Children-Foster Care Program, a licensed mental health professional, as defined in Sections 629 to 633, inclusive, of Title 9 of the California Code of Regulations, shall certify that the child is seriously emotionally disturbed, as defined in Section 5600.3 and Section 1502.4 of the Health and Safety Code.
(h)(1)This section shall become inoperative on January 1, 2017, except that this section shall continue to apply, until January 1, 2018, to a group home that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11462.04 or to a foster family home that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11463.1.
(2)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 42.Section 4096 is added to the Welfare and Institutions Code, to read:4096.(a)(1)Interagency collaboration and childrens program services shall be structured in a manner that will facilitate implementation of the goals of the Childrens Mental Health Services Act.
(2)Components shall be added to state-county performance contracts required in Section 5650 that provide for reports from counties on how this section is implemented.
(3)The State Department of Health Care Services shall develop performance contract components required by paragraph (2).
(4)Performance contracts subject to this section shall document that the procedures to be implemented in compliance with this section have been approved by the county social services department and the county probation department.
(b)Funds specified in subdivision (a) of Section 17601 for services to wards of the court and dependent children of the court shall be allocated and distributed to counties based on the number of wards of the court and dependent children of the court in the county.
(c)A county may utilize funds allocated pursuant to subdivision (b) only if the county has an established and operational interagency placement with a membership that includes at least the county placement agency and a licensed mental health professional from the county department of mental health. If necessary, the funds may be used for costs associated with establishing the interagency placement committee.
(d)Funds allocated pursuant to subdivision (b) shall be used to provide services to wards of the court and dependent children of the court jointly identified by county mental health, social services, and probation departments as the highest priority. Every effort shall be made to match those funds with funds received pursuant to Title XIX of the federal Social Security Act, contained in Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code.
(e)(1)Each interagency placement committee shall establish procedures whereby a ward of the court or dependent child of the court, or a voluntarily placed child whose placement is funded by the Aid to Families with Dependent Children-Foster Care Program, who is to be placed or is currently placed in a short-term residential treatment center or foster family agency that provides treatment services, as specified in Section 11462.01, is assessed as seriously emotionally disturbed, as defined in Section 5600.3 and Section 1502.4 of the Health and Safety Code.
(2)The assessment required by paragraph (1) shall also indicate that the child is in need of the care and services provided by a short-term residential center or foster family agency that provides treatment services.
(3)In lieu of an assessment by the interagency placement committee required under paragraph (1), a child and family team, as defined in Section 831, may utilize an assessment by a licensed mental health professional that was developed consistent with procedures established by the county under paragraph (1). Nothing in this paragraph shall prohibit the child and family team from considering an assessment provided by an interagency placement committee.
(f)The interagency placement committee or the child and family team, as appropriate, shall document the results of the assessment required by subdivision (e) and shall notify the appropriate provider in writing, of those results within 10 days of the completion of the assessment.
(g)If the childs placement is not funded by the Aid to Families with Dependent Children-Foster Care Program, a licensed mental health professional shall certify that the child is seriously emotionally disturbed, as defined in Section 5600.3 and Section 1502.4 of the Health and Safety Code.
(h)This section shall become operative on January 1, 2017.
SEC. 43.Section 4096.5 of the Welfare and Institutions Code is amended to read:4096.5.(a)The State Department of Health Care Services shall make a determination, within 45 days of receiving a request from a group home to be classified at RCL 13 or RCL 14 pursuant to Section 11462.01, to certify or deny certification that the group home program includes provisions for mental health treatment services that meet the needs of seriously emotionally disturbed children. The department shall issue each certification for a period of one year and shall specify the effective date the program met the certification requirements. A program may be recertified if the program continues to meet the criteria for certification.
(b)The State Department of Health Care Services shall, in consultation with the California Mental Health Directors Association and representatives of provider organizations, develop the criteria for the certification required by subdivision (a) by July 1, 1992.
(c)(1)The State Department of Health Care Services may, upon the request of a county, delegate to that county the certification task.
(2)Any county to which the certification task is delegated pursuant to paragraph (1) shall use the criteria and format developed by the department.
(d)The State Department of Health Care Services or delegated county shall notify the State Department of Social Services Community Care Licensing Division immediately upon the termination of any certification issued in accordance with subdivision (a).
(e)Upon receipt of notification from the State Department of Social Services Community Care Licensing Division of any adverse licensing action taken after the finding of noncompliance during an inspection conducted pursuant to Section 1538.7 of the Health and Safety Code, the State Department of Health Care Services or the delegated county shall review the certification issued pursuant to this section.
(f)(1)This section shall become inoperative on January 1, 2017, except that this section shall continue to apply, until January 1, 2018, to a group home that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11462.04 or to a foster family home that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11463.1.
(2)This section is repealed as of January 1, 2018, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 44.Section 4096.5 is added to the Welfare and Institutions Code, to read:4096.5.(a)All short-term residential treatment centers, and all foster family agencies that provide intensive treatment services as described in Section 11462.01, shall obtain and have in good standing a mental health certification issued by the State Department of Health Care Services or a county to which the department has delegated certification authority. This certification is a condition for receiving an Aid to Families with Dependent Children-Foster Care rate pursuant to Section 11462.015.
(b)The State Department of Health Care Services or a county to which the department has delegated certification authority shall certify or deny certification within 45 days of receiving a certification request. The State Department of Health Care Services or a county to which the department has delegated certification authority shall issue each certification for a period of one year and shall specify the effective date that the program met the program standards. Certified entities shall meet all program standards to be recertified.
(c)Pursuant to Section 11462.25, the State Department of Health Care Services shall promulgate regulations regarding program standards, oversight, enforcement, and due process for the mental health certification of short-term residential treatment centers and foster family agencies that provide intensive or therapeutic treatment services.
(d)(1)Except for certification of short-term residential treatment centers or foster family agencies operated by a county, the State Department of Health Care Services may, upon the request of a county, delegate to that county the certification of short-term residential treatment centers and foster family agencies within its borders.
(2)Any county to which certification is delegated pursuant to paragraph (1) shall be responsible for the oversight and enforcement of program standards and the provision of due process for certified entities.
(e)The State Department of Health Care Services or a county to which the department has delegated certification authority shall notify the State Department of Social Services immediately upon the termination of any certification issued in accordance with subdivisions (a) and (b).
(f)The State Department of Social Services shall notify the State Department of Health Care Services or a county to which the department has delegated certification authority immediately upon the revocation of any license issued pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code.
(g)This section shall become operative on January 1, 2017.
SEC. 45.Section 11400 of the Welfare and Institutions Code is amended to read:11400.For purposes of this article, the following definitions shall apply:
(a)Aid to Families with Dependent Children-Foster Care (AFDC-FC) means the aid provided on behalf of needy children in foster care under the terms of this division.
(b)Case plan means a written document that, at a minimum, specifies the type of home in which the child shall be placed, the safety of that home, and the appropriateness of that home to meet the childs needs. It shall also include the agencys 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 childs family, and the foster parents, in order to meet the childs needs while in foster care, and to reunify the child with the childs family. In addition, the plan shall specify the services that will be provided or steps that will be taken to facilitate an alternate permanent plan if reunification is not possible.
(c)Certified family home means a family residence certified by a licensed foster family agency and issued a certificate of approval by that agency as meeting licensing standards, and used only by that foster family agency for placements.
(d)Family home means the family residence of a licensee in which 24-hour care and supervision are provided for children.
(e)Small family home means any residential facility, in the licensees family residence, which provides 24-hour care for six or fewer foster children who have mental disorders or developmental or physical disabilities and who require special care and supervision as a result of their disabilities.
(f)Foster care means the 24-hour out-of-home care provided to children whose own families are unable or unwilling to care for them, and who are in need of temporary or long-term substitute parenting.
(g)Foster family agency means any individual or organization engaged in the recruiting, certifying, and training of, and providing professional support to, foster parents, or in finding homes or other places for placement of children for temporary or permanent care who require that level of care as an alternative to a group home. Private foster family agencies shall be organized and operated on a nonprofit basis.
(h)Group home means a nondetention privately operated residential home, organized and operated on a nonprofit basis only, of any capacity, or a nondetention licensed residential care home operated by the County of San Mateo with a capacity of up to 25 beds, that accepts children in need of care and supervision in a group home, as defined by paragraph (13) of subdivision (a) of Section 1502 of the Health and Safety Code.
(i)Periodic review means review of a childs 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 childs return home or establishment of alternative permanent placement.
(j)Permanency planning hearing means a hearing conducted by the juvenile court in which the childs 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 childs placement; or to the responsibility designated to an individual by virtue of his or her being appointed the childs 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 members 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 nonminors 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 nonminors and social workers or probation officers 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 dependents transitional independent living case plan, in which the youth is living independently, pursuant to Section 472(c)(2) of the Social Security Act (42 U.S.C. Sec. 672(c)(2)).
(x)Supervised independent living setting, pursuant to Section 472(c)(2) of the federal Social Security Act (42 U.S.C. Sec. 672(c)(2)), includes both a supervised independent living placement, as defined in subdivision (w), and a residential housing unit certified by the transitional housing placement provider operating a Transitional Housing Placement-Plus Foster Care program, as described in paragraph (2) of subdivision (a) of Section 16522.1.
(y)Transitional independent living case plan means, on or after January 1, 2012, a childs case plan submitted for the last review hearing held before he or she reaches 18 years of age or the nonminor dependents 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 nonminors appropriate supervised placement setting, and the nonminors 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 nonminors 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 nonminors 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 nonminors agreement to work collaboratively with the placing agency to develop his or her transitional independent living case plan within 60 days of reentry, the nonminors agreement to report any changes of circumstances relevant to continued eligibility for foster care payments, and (1) the nonminors 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 agencys 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 nonminors 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 courts transition jurisdiction under Section 450.
(ad)Short-term residential treatment center means a licensed community care facility, as defined in paragraph (18) of Section 1502 of the Health and Safety Code, that provides short-term, specialized, and intensive treatment for the child, when the childs case plan specifies the need for, nature of, and anticipated duration of this specialized treatment.
(ae)Resource family means a placement, as defined in subdivision (c) of Section 16519.5.
SEC. 46.Section 11402 of the Welfare and Institutions Code is amended to read:11402.In order to be eligible for AFDC-FC, a child or nonminor dependent shall be placed in one of the following:
(a)The approved home of a relative, provided the child is otherwise eligible for federal financial participation in the AFDC-FC payment.
(b)(1)The licensed family home of a nonrelative.
(2)The approved home of a nonrelative extended family member as described in Section 362.7.
(c)The approved home of a resource family as defined in Section 16519.5.
(d)A licensed group home, as defined in subdivision (h) of Section 11400, excluding a runaway and homeless youth shelter as defined in subdivision (ab) of Section 11400, provided that the placement worker has documented that the placement is necessary to meet the treatment needs of the child and that the facility offers those treatment services.
(e)The home of a nonrelated legal guardian or the home of a former nonrelated legal guardian when the guardianship of a child who is otherwise eligible for AFDC-FC has been dismissed due to the childs attaining 18 years of age.
(f)An exclusive-use home.
(g)A housing model certified by a licensed transitional housing placement provider as described in Section 1559.110 of the Health and Safety Code and as defined in subdivision (r) of Section 11400.
(h)An out-of-state group home, provided that the placement worker, in addition to complying with all other statutory requirements for placing a minor in an out-of-state group home, documents that the requirements of Section 7911.1 of the Family Code have been met.
(i)An approved supervised independent living setting for nonminor dependents, as defined in subdivision (w) of Section 11400.
(j)This section shall become operative on July 1, 2012.
(j)(1)This section shall become inoperative on January 1, 2017, except that this section shall continue to apply, until January 1, 2018, to a group home that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11462.04 or to a foster family home that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11463.1.
(2)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 47.Section 11402 is added to the Welfare and Institutions Code, to read:11402.In order to be eligible for AFDC-FC, a child or nonminor dependent shall be placed in one of the following:
(a)The approved home of a relative, provided the child is otherwise eligible for federal financial participation in the AFDC-FC payment.
(b)(1)The home of a nonrelated legal guardian or the home of a former nonrelated legal guardian when the guardianship of a child who is otherwise eligible for AFDC-FC has been dismissed due to the child attaining 18 years of age.
(2)The approved home of a nonrelative extended family member, as described in Section 362.7.
(c)(1)The licensed family home of a nonrelative.
(2)The approved home of a resource family, as defined in Section 16519.5.
(3)A licensed foster family agency for placement into a nontreatment foster home, provided that the program has accreditation from a nationally recognized entity identified by the State Department of Social Services pursuant to the process described in paragraph (8) of subdivision (b) of Section 11463.
(d)(1)A housing model certified by a licensed transitional housing placement provider, as described in Section 1559.110 of the Health and Safety Code, and as defined in subdivision (r) of Section 11400.
(2)An approved supervised independent living setting for nonminor dependents, as defined in subdivision (w) of Section 11400.
(e)A licensed foster family agency for placement into a treatment foster home, provided that all of the following apply:
(1)The program has accreditation from a nationally recognized entity identified by the State Department of Social Services pursuant to the process described in paragraph (8) of subdivision (b) of Section 11463.
(2)The program has a mental health certificate pursuant to Section 11462.015.
(3)The placement worker has documented in the childs case plan the need for, nature of, and anticipated duration of this specialized treatment to meet the treatment needs of the child and that the facility offers those treatment services.
(f)A short-term residential treatment center licensed as a community care facility, as defined in subdivision (ad) of Section 11400, provided that all of the following apply:
(1)The program has a national accreditation from an entity selected by the State Department of Social Services pursuant to the process described in paragraph (4) of subdivision (b) of Section 11462.
(2)The program has a mental health certificate pursuant to Section 11462.015.
(3)The placement worker has documented in the childs case plan the need for, nature of, and anticipated duration of this specialized treatment to meet the treatment needs of the child and that the facility offers those treatment services.
(g)An out-of-state short-term residential treatment center that meets the equivalent of the requirements of paragraphs (1), (2), and (3) of subdivision (f), provided that the placement worker, in addition to complying with all other statutory requirements for placing a minor in an out-of-state group home, documents that the requirements of Section 7911.1 of the Family Code have been met.
(h)A community treatment facility set forth in Article 5 (commencing with Section 4094) of Chapter 3 of Part 1 of Division 4.
(i)This section shall become operative on January 1, 2017.
SEC. 48.Section 11403.2 of the Welfare and Institutions Code is amended to read:11403.2.(a)The following persons shall be eligible for transitional housing provided pursuant to Article 4 (commencing with Section 16522) of Chapter 5 of Part 4:
(1)Any foster child at least 16 years of age and not more than 18 years of age, and, on or after January 1, 2012, any nonminor dependent, as defined in subdivision (v) of Section 11400, who is eligible for AFDC-FC benefits as described in Section 11401. A foster child under 18 years of age shall be eligible for placement in the program certified as a Transitional Housing Placement Program, pursuant to paragraph (1) of subdivision (a) of Section 16522.1. A nonminor dependent shall be eligible for placement in the program certified as a Transitional Housing Placement-Plus Foster Care Program pursuant to paragraph (2) of subdivision (a) of Section 16522.1.
(2)(A)Any former foster youth at least 18 years of age and, except as provided in subparagraph (B), not more than 24 years of age who has exited from the foster care system on or after his or her 18th birthday and elects to participate in Transitional Housing Program-Plus, as defined in subdivision (s) of Section 11400, if he or she has not received services under this paragraph for more than a total of 24 months, whether or not consecutive. If the person participating in a Transitional Housing Program-Plus is not receiving aid under Section 11403.1, he or she, as a condition of participation, shall enter into, and execute the provisions of, a transitional independent living plan that shall be mutually agreed upon, and annually reviewed, by the former foster youth and the applicable county welfare or probation department or independent living program coordinator. The person participating under this paragraph shall inform the county of any changes to conditions specified in the agreed-upon plan that affect eligibility, including changes in address, living circumstances, and the educational or training program.
(B)A county may, at its option, extend the services provided under subparagraph (A) to former foster youth not more than 25 years of age, and for a total of 36 months, whether or not consecutive, if the former foster youth, in addition to the requirements specified in subparagraph (A), meets either of the following criteria:
(i)The former foster youth is completing secondary education or a program leading to an equivalent credential.
(ii)The former foster youth is enrolled in an institution that provides postsecondary education.
(b)Payment on behalf of an eligible person receiving transitional housing services pursuant to paragraph (1) of subdivision (a) shall be made to the transitional housing placement provider pursuant to the conditions and limitations set forth in Section 11403.3. Notwithstanding Section 11403.3, the department, in consultation with concerned stakeholders, including, but not limited to, representatives of the Legislature, the County Welfare Directors Association of California, the Chief Probation Officers of California, the Judicial Council, representatives of Indian tribes, the California Youth Connection, former foster youth, child advocacy organizations, labor organizations, juvenile justice advocacy organizations, foster caregiver organizations, researchers, and transitional housing placement providers, shall convene a workgroup to establish a new rate structure for the Title IV-E funded THP-Plus Foster Care placement option for nonminor dependents. The workgroup shall also consider application of this new rate structure to the Transitional Housing Program-Plus, as described in paragraph (2) of subdivision (a) of Section 11403.3. In developing the new rate structure pursuant to this subdivision, the department shall consider the average rates in effect and being paid by counties to current transitional housing placement providers.
(c)The Legislature finds and declares that this subdivision was added in 2015 to clearly codify the requirement of existing law regarding the payment made on behalf of an eligible person receiving transitional housing services. The workgroup described in subdivision (b) recommended, and the department subsequently implemented, an annual adjustment to the payment made on behalf of an eligible person receiving transitional housing services. This annual adjustment has been, and shall continue to be, equal to the California Necessities Index applicable to each fiscal year. The Legislature hereby codifies that its intent remains in making this annual adjustment to support the care and supervision, including needed services and supports, for nonminor dependents who are receiving transitional housing services through the THP-Plus Foster Care Program.
SEC. 49.Section 11460 of the Welfare and Institutions Code is amended to read:11460.(a)Foster care providers shall be paid a per child per month rate in return for the care and supervision of the AFDC-FC child placed with them. The department is designated the single organizational unit whose duty it shall be to administer a state system for establishing rates in the AFDC-FC program. State functions shall be performed by the department or by delegation of the department to county welfare departments or Indian tribes, consortia of tribes, or tribal organizations that have entered into an agreement pursuant to Section 10553.1.
(b)Care and supervision includes food, clothing, shelter, daily supervision, school supplies, a childs personal incidentals, liability insurance with respect to a child, reasonable travel to the childs home for visitation, and reasonable travel for the child to remain in the school in which he or she is enrolled at the time of placement. Reimbursement for the costs of educational travel, as provided for in this subdivision, shall be made pursuant to procedures determined by the department, in consultation with representatives of county welfare and probation directors, and additional stakeholders, as appropriate.
(1)For a child placed in a short-term residential treatment center or a group home, care and supervision shall also include reasonable administration and operational activities necessary to provide the items listed in this subdivision.
(2)For a child placed in a short-term residential treatment center or a group home, care and supervision may also include reasonable activities performed by social workers employed by the group home program provider which that are not otherwise considered daily supervision or administration activities, but are eligible for federal financial participation under Title IV-E of the Social Security Act.
(c)It is the intent of the Legislature to establish the maximum level of state financial participation in out-of-state foster care group home program rates effective January 1, 1992 for placements in facilities described in subdivision (g) of Section 11402.
(1)The department shall develop regulations that establish the method for determining the level of state financial participation in the rate paid for each out-of-state group home program placements in facilities described in subdivision (g) of Section 11402. The department shall consider all of the following methods:
(A)A Until December 31, 2016, a standardized system based on the rate classification level of care and services per child per month as detailed in Section 11462.
(B)The rate developed for a short-term residential treatment center pursuant to Section 11462.
(B)
(C)A system which that considers the actual allowable and reasonable costs of care and supervision incurred by the out-of-state program.
(C)
(D)A system which that considers the rate established by the host state.
(D)
(E)Any other appropriate methods as determined by the department.
(2)State reimbursement Reimbursement for the AFDC-FC group home Aid to Families with Children-Foster Care rate to be paid to an out-of-state program on or after January 1, 1992, described in subdivision (g) of Section 11402 shall only be paid to programs which that have done both of the following:
(A)Submitted a rate application to the department and received a determination of the level of state financial participation in the rate paid.
(i)The level of state financial participation shall not exceed the current fiscal years standard rate for rate classification level 14 for a group home; or, commencing January 1, 2017, for a short-term residential treatment center.
(ii)The level of state financial participation shall not exceed the rate determined by the ratesetting authority of the state in which the facility is located.
(iii)The level of state participation shall not decrease for any child placed prior to January 1, 1992, who continues to be placed in the same out-of-state group home program.
(B)Agreed to comply with information requests, and program and fiscal audits as determined necessary by the department.
(3)State Except as specifically provided for in statute, reimbursement for an AFDC-FC rate paid on or after January 1, 1993, shall only be paid to a group home or short-term residential treatment center organized and operated on a nonprofit basis.
(d)A foster care provider that accepts payments, following the effective date of this section, based on a rate established under this section, shall not receive rate increases or retroactive payments as the result of litigation challenging rates established prior to the effective date of this section. This shall apply regardless of whether a provider is a party to the litigation or a member of a class covered by the litigation.
(e)Nothing shall preclude a county from using a portion of its county funds to increase rates paid to family homes and, foster family agencies, group homes, and short-term residential treatment centers within that county, and to make payments for specialized care increments, clothing allowances, or infant supplements to homes within that county, solely at that countys expense.
(f)Nothing shall preclude a county from providing a supplemental rate to serve commercially sexually exploited foster children to provide for the additional care and supervision needs of these children. To the extent that federal financial participation is available, it is the intent of the Legislature that the federal funding shall be utilized.
SEC. 50.Section 11461.2 of the Welfare and Institutions Code is amended to read:11461.2.(a)It is the intent of the Legislature to ensure quality care for children who are placed in the continuum of AFDC-FC eligible placement settings.
(b)The State Department of Social Services shall establish, in consultation with county welfare departments and other stakeholders, as appropriate, a working group to develop recommended revisions to the current ratesetting system, services, and programs serving children and families in the continuum of AFDC-FC eligible placement settings including, at a minimum, all programs provided by foster family agencies and group homes including those providing residentially-based services, as defined in paragraph (1) of subdivision (a) of Section 18987.71.
(c)In developing the recommended revisions identified in subdivision (b), the working group shall consider all of the following:
(1)How ratesetting systems for foster care providers, including, at least, foster family agencies and group homes, can better support a continuum of programs and services that promote positive outcomes for children and families. This may include a process for matching the childs strengths and needs to the appropriate placement setting.
(2)How the provision of an integrated, comprehensive set of services including mental health and other critical services for children and youth support the achievement of well-being, permanency, and safety outcomes.
(3)How to ensure the provision of services in family-like settings including after care services, when appropriate.
(4)How to provide outcome-based evaluations of foster care providers or other methods of measuring quality improvement including measures of youth and families satisfaction with services provided and program effectiveness.
(5)How changes in the licensing, ratesetting, and auditing processes can improve the quality of foster care providers, the quality of services and programs provided, and enhance the oversight of care provided to children, including, but not limited to, accreditation, administrator qualifications, and the reassignment of these responsibilities within the department.
(d)In addition to the considerations in subdivision (c), the workgroup recommendations shall be based on the review and evaluation of the current ratesetting systems, actual cost data, and information from the provider community as well as research on other applicable ratesetting methodologies, evidenced-based practices, information developed as a result of pilots approved by the director, and any other relevant information.
(e)(1)The workgroup shall develop the content, format, and data sources for reports to be posted by the department on a public Internet Web site describing the outcomes achieved by providers with foster care rates set by the department.
(2)Commencing January 1, 2017, and at least annually after that date, the department shall publish and make available on a public Internet Web site, short-term residential treatment center and foster family agency provider performance indicators.
(f)(1)Recommendations developed pursuant to this section shall include the plan required under subdivision (d) of Section 18987.7. Updates regarding the workgroups establishment and its progress toward meeting the requirements of this section shall be provided to the Legislature during 201213 and 201314 budget hearings. The revisions recommended pursuant to the requirements of subdivision (b) shall be submitted in a report to the appropriate policy and fiscal committees of the Legislature by October 1, 2014.
(2)The requirement for submitting a report pursuant to this subdivision is inoperative on October 1, 2018, pursuant to Section 10231.5 of the Government Code.
(g)The department shall retain the authority to extend the workgroup after October 1, 2014, to ensure that the objectives of this section are met and to reconvene this workgroup as necessary to address any future recommended changes to the continuum of AFDC-FC eligible placement settings pursuant to this section.
SEC. 51.Section 11462 of the Welfare and Institutions Code is amended to read:11462.(a)(1)Effective July 1, 1990, foster care providers licensed as group homes, as defined in departmental regulations, including public child care institutions, as defined in Section 11402.5, shall have rates established by classifying each group home program and applying the standardized schedule of rates. The department shall collect information from group providers beginning January 1, 1990, in order to classify each group home program.
(2)Notwithstanding paragraph (1), foster care providers licensed as group homes shall have rates established only if the group home is organized and operated on a nonprofit basis as required under subdivision (h) of Section 11400. The department shall terminate the rate effective January 1, 1993, of any group home not organized and operated on a nonprofit basis as required under subdivision (h) of Section 11400.
(3)(A)The department shall determine, consistent with the requirements of this chapter and other relevant requirements under law, the rate classification level (RCL) for each group home program on a biennial basis. Submission of the biennial rate application shall be made according to a schedule determined by the department.
(B)The department shall adopt regulations to implement this paragraph. The adoption, amendment, repeal, or readoption of a regulation authorized by this paragraph is deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement to describe specific facts showing the need for immediate action.
(b)A group home program shall be initially classified, for purposes of emergency regulations, according to the level of care and services to be provided using a point system developed by the department and described in the report, The Classification of Group Home Programs under the Standardized Schedule of Rates System, prepared by the State Department of Social Services, August 30, 1989.
(c)The rate for each RCL has been determined by the department with data from the AFDC-FC Group Home Rate Classification Pilot Study. The rates effective July 1, 1990, were developed using 1985 calendar year costs and reflect adjustments to the costs for each fiscal year, starting with the 198687 fiscal year, by the amount of the California Necessities Index computed pursuant to the methodology described in Section 11453. The data obtained by the department using 1985 calendar year costs shall be updated and revised by January 1, 1993.
(d)As used in this section, standardized schedule of rates means a listing of the 14 rate classification levels, and the single rate established for each RCL.
(e)Except as specified in paragraph (1), the department shall determine the RCL for each group home program on a prospective basis, according to the level of care and services that the group home operator projects will be provided during the period of time for which the rate is being established.
(1)(A)(i)For new and existing providers requesting the establishment of an RCL, and for existing group home programs requesting an RCL increase, the department shall determine the RCL no later than 13 months after the effective date of the provisional rate. The determination of the RCL shall be based on a program audit of documentation and other information that verifies the level of care and supervision provided by the group home program during a period of the two full calendar months or 60 consecutive days, whichever is longer, preceding the date of the program audit, unless the group home program requests a lower RCL. The program audit shall not cover the first six months of operation under the provisional rate.
(ii)For audit purposes, if the group home program serves a mixture of AFDC-FC eligible and ineligible children, the weighted hours for child care and social work services provided and the capacity of the group home shall be adjusted by the ratio of AFDC-FC eligible children to all children in placement.
(iii)Pending the departments issuance of the program audit report that determines the RCL for the group home program, the group home program shall be eligible to receive a provisional rate that shall be based on the level of care and service that the group home program proposes it will provide. The group home program shall be eligible to receive only the RCL determined by the department during the pendency of any appeal of the departments RCL determination.
(B)A group home program may apply for an increase in its RCL no earlier than two years from the date the department has determined the group home programs rate, unless the host county, the primary placing county, or a regional consortium of counties submits to the department in writing that the program is needed in that county, that the provider is capable of effectively and efficiently operating the proposed program, and that the provider is willing and able to accept AFDC-FC children for placement who are determined by the placing agency to need the level of care and services that will be provided by the program.
(C)To ensure efficient administration of the departments audit responsibilities, and to avoid the fraudulent creation of records, group home programs shall make records that are relevant to the RCL determination available to the department in a timely manner. Except as provided in this section, the department may refuse to consider, for purposes of determining the rate, any documents that are relevant to the determination of the RCL that are not made available by the group home provider by the date the group home provider requests a hearing on the departments RCL determination. The department may refuse to consider, for purposes of determining the rate, the following records, unless the group home provider makes the records available to the department during the fieldwork portion of the departments program audit:
(i)Records of each employees full name, home address, occupation, and social security number.
(ii)Time records showing when the employee begins and ends each work period, meal periods, split shift intervals, and total daily hours worked.
(iii)Total wages paid each payroll period.
(iv)Records required to be maintained by licensed group home providers under Title 22 of the California Code of Regulations that are relevant to the RCL determination.
(D)To minimize financial abuse in the startup of group home programs, when the departments RCL determination is more than three levels lower than the RCL level proposed by the group home provider, and the group home provider does not appeal the departments RCL determination, the department shall terminate the rate of a group home program 45 days after issuance of its program audit report. When the group home provider requests a hearing on the departments RCL determination, and the RCL determined by the director under subparagraph (E) is more than three levels lower than the RCL level proposed by the group home provider, the department shall terminate the rate of a group home program within 30 days of issuance of the directors decision. Notwithstanding the reapplication provisions in subparagraph (B), the department shall deny any request for a new or increased RCL from a group home provider whose RCL is terminated pursuant to this subparagraph, for a period of no greater than two years from the effective date of the RCL termination.
(E)A group home provider may request a hearing of the departments RCL determination under subparagraph (A) no later than 30 days after the date the department issues its RCL determination. The departments RCL determination shall be final if the group home provider does not request a hearing within the prescribed time. Within 60 days of receipt of the request for hearing, the department shall conduct a hearing on the RCL determination. The standard of proof shall be the preponderance of the evidence and the burden of proof shall be on the department. The hearing officer shall issue the proposed decision within 45 days of the close of the evidentiary record. The director shall adopt, reject, or modify the proposed decision, or refer the matter back to the hearing officer for additional evidence or findings within 100 days of issuance of the proposed decision. If the director takes no action on the proposed decision within the prescribed time, the proposed decision shall take effect by operation of law.
(2)Group home programs that fail to maintain at least the level of care and services associated with the RCL upon which their rate was established shall inform the department. The department shall develop regulations specifying procedures to be applied when a group home fails to maintain the level of services projected, including, but not limited to, rate reduction and recovery of overpayments.
(3)The department shall not reduce the rate, establish an overpayment, or take other actions pursuant to paragraph (2) for any period that a group home program maintains the level of care and services associated with the RCL for children actually residing in the facility. Determinations of levels of care and services shall be made in the same way as modifications of overpayments are made pursuant to paragraph (2) of subdivision (b) of Section 11466.2.
(4)A group home program that substantially changes its staffing pattern from that reported in the group home program statement shall provide notification of this change to all counties that have placed children currently in care. This notification shall be provided whether or not the RCL for the program may change as a result of the change in staffing pattern.
(f)(1)The standardized schedule of rates for the 200203, 200304, 200405, 200506, 200607, and 200708 fiscal years is:
FY 200203, 200304, 200405, 200506, 200607, and 200708 | ||
Rate Classification Level | Point ranges | Standard Rate |
1 | Under 60 | $1,454 |
2 | 6089 | 1,835 |
3 | 90119 | 2,210 |
4 | 120149 | 2,589 |
5 | 150179 | 2,966 |
6 | 180209 | 3,344 |
7 | 210239 | 3,723 |
8 | 240269 | 4,102 |
9 | 270299 | 4,479 |
10 | 300329 | 4,858 |
11 | 330359 | 5,234 |
12 | 360389 | 5,613 |
13 | 390419 | 5,994 |
14 | 420 & Up | 6,371 |
(2)(A)For group home programs that receive AFDC-FC payments for services performed during the 200203, 200304, 200405, 200506, 200607, 200708, 200809, and 200910 fiscal years, the adjusted RCL point ranges below shall be used for establishing the biennial rates for existing programs, pursuant to paragraph (3) of subdivision (a) and in performing program audits and in determining any resulting rate reduction, overpayment assessment, or other actions pursuant to paragraph (2) of subdivision (e):
Adjusted Point Ranges for the 200203, 200304, | |
Rate Classification Level | 200405, 200506, 200607, 200708, 200809, and 200910 Fiscal Years |
1 | Under 54 |
2 | 5481 |
3 | 82110 |
4 | 111138 |
5 | 139167 |
6 | 168195 |
7 | 196224 |
8 | 225253 |
9 | 254281 |
10 | 282310 |
11 | 311338 |
12 | 339367 |
13 | 368395 |
14 | 396 & Up |
(B)Notwithstanding subparagraph (A), foster care providers operating group homes during the 200203, 200304, 200405, 200506, 200607, 200708, 200809, and 200910 fiscal years shall remain responsible for ensuring the health and safety of the children placed in their programs in accordance with existing applicable provisions of the Health and Safety Code and community care licensing regulations, as contained in Title 22 of the California Code of Regulations.
(C)Subparagraph (A) shall not apply to program audits of group home programs with provisional rates established pursuant to paragraph (1) of subdivision (e). For those program audits, the RCL point ranges in paragraph (1) shall be used.
(D)Rates applicable for the 200910 fiscal year pursuant to the act that adds this subparagraph shall be effective October 1, 2009.
(3)(A)For group home programs that receive AFDC-FC payments for services performed during the 200910 fiscal year the adjusted RCL point ranges below shall be used for establishing the biennial rates for existing programs, pursuant to paragraph (3) of subdivision (a) and in performing program audits and in determining any resulting rate reduction, overpayment assessment, or other actions pursuant to paragraph (2) of subdivision (e):
Rate | Adjusted Point Ranges |
|---|---|
Classification | for the 200910 |
Level | Fiscal Years |
1 | Under 39 |
2 | 3964 |
3 | 6590 |
4 | 91115 |
5 | 116141 |
6 | 142167 |
7 | 168192 |
8 | 193218 |
9 | 219244 |
10 | 245270 |
11 | 271295 |
12 | 296321 |
13 | 322347 |
14 | 348 & Up |
(B)Notwithstanding subparagraph (A), foster care providers operating group homes during the 200910 fiscal year shall remain responsible for ensuring the health and safety of the children placed in their programs in accordance with existing applicable provisions of the Health and Safety Code and community care licensing regulations as contained in Title 22 of the California Code of Regulations.
(C)Subparagraph (A) shall not apply to program audits of group home programs with provisional rates established pursuant to paragraph (1) of subdivision (e). For those program audits, the RCL point ranges in paragraph (1) shall be used.
(g)(1)(A)For the 19992000 fiscal year, the standardized rate for each RCL shall be adjusted by an amount equal to the California Necessities Index computed pursuant to the methodology described in Section 11453. The resultant amounts shall constitute the new standardized schedule of rates, subject to further adjustment pursuant to subparagraph (B).
(B)In addition to the adjustment in subparagraph (A), commencing January 1, 2000, the standardized rate for each RCL shall be increased by 2.36 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new standardized schedule of rates.
(2)Beginning with the 200001 fiscal year, the standardized schedule of rates shall be adjusted annually by an amount equal to the CNI computed pursuant to Section 11453, subject to the availability of funds. The resultant amounts shall constitute the new standardized schedule of rates.
(3)Effective January 1, 2001, the amount included in the standard rate for each Rate Classification Level (RCL) for the salaries, wages, and benefits for staff providing child care and supervision or performing social work activities, or both, shall be increased by 10 percent. This additional funding shall be used by group home programs solely to supplement staffing, salaries, wages, and benefit levels of staff specified in this paragraph. The standard rate for each RCL shall be recomputed using this adjusted amount and the resultant rates shall constitute the new standardized schedule of rates. The department may require a group home receiving this additional funding to certify that the funding was utilized in accordance with the provisions of this section.
(4)Effective January 1, 2008, the amount included in the standard rate for each RCL for the wages for staff providing child care and supervision or performing social work activities, or both, shall be increased by 5 percent, and the amount included for the payroll taxes and other employer-paid benefits for these staff shall be increased from 20.325 percent to 24 percent. The standard rate for each RCL shall be recomputed using these adjusted amounts, and the resulting rates shall constitute the new standardized schedule of rates.
(5)The new standardized schedule of rates as provided for in paragraph (4) shall be reduced by 10 percent, effective October 1, 2009, and the resulting rates shall constitute the new standardized schedule of rates.
(6)The rates of licensed group home providers, whose rates are not established under the standardized schedule of rates, shall be reduced by 10 percent, effective October 1, 2009.
(h)The standardized schedule of rates pursuant to subdivisions (f) and (g) shall be implemented as follows:
(1)Any group home program that received an AFDC-FC rate in the prior fiscal year at or above the standard rate for the RCL in the current fiscal year shall continue to receive that rate.
(2)Any group home program that received an AFDC-FC rate in the prior fiscal year below the standard rate for the RCL in the current fiscal year shall receive the RCL rate for the current year.
(i)(1)The department shall not establish a rate for a new program of a new or existing provider, or for an existing program at a new location of an existing provider, unless the provider submits a letter of recommendation from the host county, the primary placing county, or a regional consortium of counties that includes all of the following:
(A)That the program is needed by that county.
(B)That the provider is capable of effectively and efficiently operating the program.
(C)That the provider is willing and able to accept AFDC-FC children for placement who are determined by the placing agency to need the level of care and services that will be provided by the program.
(D)That, if the letter of recommendation is not being issued by the host county, the primary placing county has notified the host county of its intention to issue the letter and the host county was given the opportunity of 30 days to respond to this notification and to discuss options with the primary placing county.
(2)The department shall encourage the establishment of consortia of county placing agencies on a regional basis for the purpose of making decisions and recommendations about the need for, and use of, group home programs and other foster care providers within the regions.
(3)The department shall annually conduct a county-by-county survey to determine the unmet placement needs of children placed pursuant to Section 300 and Section 601 or 602, and shall publish its findings by November 1 of each year.
(j)The department shall develop regulations specifying ratesetting procedures for program expansions, reductions, or modifications, including increases or decreases in licensed capacity, or increases or decreases in level of care or services.
(k)For the purpose of this subdivision, program change means any alteration to an existing group home program planned by a provider that will increase the RCL or AFDC-FC rate. An increase in the licensed capacity or other alteration to an existing group home program that does not increase the RCL or AFDC-FC rate shall not constitute a program change.
(l)General unrestricted or undesignated private charitable donations and contributions made to charitable or nonprofit organizations shall not be deducted from the cost of providing services pursuant to this section. The donations and contributions shall not be considered in any determination of maximum expenditures made by the department.
(m)(1)This section shall become inoperative on January 1, 2017, except that this section shall continue to apply, until January 1, 2018, to a group home that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11462.04.
(2)This section is repealed as of January 1, 2018, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 52.Section 11462 is added to the Welfare and Institutions Code, to read:11462.(a)The department shall commence development of a new payment structure for short-term residential treatment center program placements claiming Title IV-E funding.
(b)The department shall develop a rate system that includes consideration of all of the following factors:
(1)Core services provided that encompass community service and supports, permanency-related services, medical and mental health support and access to services, educational support, life and social support, transitional support services upon discharge, biological parent and resource family supports, and services for nonminor dependents.
(2)Staff training.
(3)Health and Safety Code requirements.
(4)Accreditation that includes:
(A)Provision for all licensed foster family agencies to maintain in good standing accreditation from a nationally recognized accreditation agency with expertise in programs for youth group care facilities, as determined by the department.
(B)Promulgation by the department of information identifying that agency or agencies from which accreditation shall be required.
(C)Provision for timely reporting to the department of any change in accreditation status.
(5)Mental health certification, including a requirement to timely report to the department any change in mental health certificate status.
(6)Maximization of federal financial participation under Title IV-E and Title XIX of the Social Security Act.
(c)The department shall develop a system of governmental monitoring and oversight that shall be carried out in coordination with the State Department of Health Care Services. Oversight responsibilities shall include, but not be limited to, ensuring conformity with federal and state law, including program, fiscal, and health and safety audits and reviews.
(d)This section shall become operative on January 1, 2017.
SEC. 53.Section 11462.01 of the Welfare and Institutions Code is amended to read:11462.01.(a)Commencing July 1, 1994, a group home program shall be classified at RCL 13 or RCL 14 if the program meets all of the following requirements:
(1)The group home program is providing, or has proposed to provide, the level of care and services necessary to generate sufficient points in the ratesetting process to be classified at RCL 13 if the rate application is for RCL 13 or to be classified at RCL 14 if the rate application is for RCL 14.
(2)(A)(i)The group home provider shall agree not to accept for placement into a group home program AFDC-FC funded children, including voluntary placements and seriously emotionally disturbed children placed out-of-home pursuant to an individualized education program developed under Section 7572.5 of the Government Code, who have not been approved for placement by an interagency placement committee, as described by Section 4096. The approval shall be in writing and shall indicate that the interagency placement committee has determined the child is seriously emotionally disturbed, as defined by Section 5600.3 and subject to Section 1502.4 of the Health and Safety Code, and that the child needs the level of care provided by the group home.
(ii)For purposes of clause (i), group home providers who accept seriously emotionally disturbed children who are assessed and placed out-of-home pursuant to an individualized education program developed under Section 7572.5 of the Government Code shall be deemed to have met the interagency placement committee approval for placement requirements of clause (i) if the individualized education program assessment indicates that the child has been determined to be seriously emotionally disturbed, as defined in Section 5600.3 and subject to Section 1502.4 of the Health and Safety Code, and needs the level of care described in clause (i).
(B)(i)Nothing in this subdivision shall prevent the emergency placement of a child into a group home program prior to the determination by the interagency placement committee pursuant to subclause (i) of subparagraph (A) if a licensed mental health professional, as defined in the departments AFDC-FC ratesetting regulations, has evaluated, in writing, the child within 72 hours of placement, and determined the child to be seriously emotionally disturbed and in need of the care and services provided by the group home program.
(ii)The interagency placement committee shall, within 30 days of placement pursuant to clause (i), make the determination required by clause (i) of subparagraph (A).
(iii)If, pursuant to clause (ii), the placement is determined to be appropriate, the committee shall transmit the approval, in writing, to the county placing agency and the group home provider.
(iv)If, pursuant to clause (ii) the placement is determined not to be appropriate, the child shall be removed from the group home and referred to a more appropriate placement, as specified in subdivision (f).
(C)Commencing December 15, 1992, with respect to AFDC-FC funded children, only those children who are approved for placement by an interagency placement committee may be accepted by a group home under this subdivision.
(3)The group home program is certified by the State Department of Health Care Services pursuant to Section 4096.5.
(b)The department shall not establish a rate for a group home requesting a program change to RCL 13 or RCL 14 unless the group home provider submits a recommendation from the host county or the primary placing county that the program is needed and that the provider is willing and capable of operating the program at the level sought. For purposes of this subdivision, host county, primary placing county, and program change mean the same as defined in the departments AFDC-FC ratesetting regulations.
(c)The effective date of rates set at RCL 13 or RCL 14 shall be the date that all the requirements are met, but not prior to July 1 of that fiscal year. Nothing in this section shall affect RCL 13 or RCL 14 ratesetting determinations in prior years.
(d)Any group home program that has been classified at RCL 13 or RCL 14 pursuant to the requirements of subdivision (a) shall be reclassified at the appropriate lower RCL with a commensurate reduction in rate if either of the following occurs:
(1)The group home program fails to maintain the level of care and services necessary to generate the necessary number of points for RCL 13 or RCL 14, as required by paragraph (1) of subdivision (a). The determination of points shall be made consistent with the departments AFDC-FC ratesetting regulations for other rate classification levels.
(2)The group home program fails to maintain a certified mental health treatment program as required by paragraph (3) of subdivision (a).
(3)In the event of a determination under paragraph (1), the group home may appeal the finding or submit a corrective action plan. The appeal process specified in Section 11466.6 shall be available to RCL 13 and RCL 14 group home providers. During any appeal, the group home shall maintain the appropriate level of care.
(e)The interagency placement committee shall periodically review, but no less often than that required by current law, the placement of the child. If the committee determines that the child no longer needs, or is not benefiting from, placement in a RCL 13 or RCL 14 group home, the committee shall require the removal of the child and a new disposition.
(f)(1)(A)If, at any time subsequent to placement in an RCL 13 or RCL 14 group home program, the interagency placement committee determines either that the child is not seriously emotionally disturbed or is not in need of the care and services provided by the group home program, it shall notify, in writing, both the county placing agency and the group home provider within 10 days of the determination.
(B)The county placing agency shall notify the group home provider, in writing, within five days from the date of the notice from the committee, of the countys plan for removal of the child.
(C)The county placing agency shall remove the child from the group home program within 30 days from the date of the notice from the interagency placement committee.
(2)(A)If a county placing agency does not remove a child within 30 days from the date of the notice from the interagency placement committee, the group home provider shall notify the interagency placement committee and the department, in writing, of the countys failure to remove the child from the group home program.
(B)The group home provider shall make the notification required by subparagraph (A) within five days of the expiration of the 30-day removal period. If notification is made, a group home provider shall not be subject to an overpayment determination due to failure of the county placing agency to remove the child.
(3)Any county placing agency that fails to remove a child from a group home program under this paragraph within 30 days from the date of the notice from the interagency placement committee shall be assessed a penalty in the amount of the state and federal financial participation in the AFDC-FC rate paid on behalf of the child commencing on the 31st day and continuing until the child is removed.
(g)(1)If any RCL 13 or RCL 14 group home provider discovers that it does not have written approval for placement of any AFDC-FC funded child placed on or after December 15, 1992, from the interagency placement committee, it shall notify the county placing agency, in writing, and shall request the county to obtain approval from the interagency placement committee or remove the child from the group home program. A group home provider shall have 30 days from the childs first day of placement to discover the placement error and to notify the county placing agency.
(2)Any county placing agency that receives notification pursuant to paragraph (2) of subdivision (f) shall obtain approval for placement from the interagency placement committee or remove the child from the group home program within 30 days from the date of the notice from the group home provider. The program shall not be reclassified to a lower RCL for a violation of the provisions referred to in this paragraph.
(3)(A)If a county placing agency does not have the placement of a child approved by the interagency placement committee or removed from the group home within 30 days from the date of the notice from the group home provider, the group home provider shall notify the county placing agency and the department, in writing, of the countys failure to have the placement of the child approved or remove the child from the group home program.
(B)The group home provider shall make the notification required by subparagraph (A) within five days after the expiration of the 30-day approval or removal period. If notification is made, a group home provider shall not be subject to an overpayment determination due to failure of the county placing agency to remove the child.
(C)Any group home provider that fails to notify the county placing agency pursuant to subparagraph (A) shall be assessed a penalty in the amount of the AFDC-FC rate paid to the group home provider on behalf of the child commencing on the 31st day of placement and continuing until the county placing agency is notified.
(4)Any county placing agency that fails to have the placement of a child approved or to have the child removed from the group home program within 30 days shall be assessed a penalty in the amount of the state and federal financial participation in the AFDC-FC rate paid on behalf of the child commencing on the 31st day of placement and continuing until the child is removed.
(h)The department shall develop regulations to obtain payment of assessed penalties as provided in this section. For audit purposes and the application of penalties for RCL 13 and RCL 14 programs, the department shall apply statutory provisions that were in effect during the period for which the audit was conducted.
(i)(1)Nothing in this subparagraph shall prohibit a group home classified at RCL 13 or RCL 14 for purposes of the AFDC-FC program, from accepting private placements of children.
(2)In cases where When a referral is not from a public agency and no public funding is involved, there shall be no requirement for public agency review or determination of need.
(3)Children subject to paragraphs (1) and (2) shall have been assessed as seriously emotionally disturbed, as defined in Section 5600.3 and subject to Section 1502.4 of the Health and Safety Code, by a licensed mental health professional, as defined in Sections 629 to 633, inclusive, of Title 9 of the California Code of Regulations.
(j)A child shall not be placed in a group home program classified at an RCL 13 or RCL 14 if the placement is paid for with county-only funds unless the child is assessed as seriously emotionally disturbed, as defined in Section 5600.3, subject to Section 1502.4 of the Health and Safety Code, by a licensed mental health professional, as defined in Sections 629 to 633, inclusive, of Title 9 of the California Code of Regulations.
(k)(1)This section shall become inoperative on January 1, 2017, except that this section shall continue to apply, until January 1, 2018, to a group home that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11462.04.
(2)This section is repealed as of January 1, 2018, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 54.Section 11462.01 is added to the Welfare and Institutions Code, to read:11462.01.(a)All short-term residential treatment centers, and foster family agencies that provide treatment services, shall maintain in good standing the appropriate mental health certification issued by the State Department of Health Care Services or a county to which the department has delegated certification authority pursuant to Section 4096.5, and additionally shall meet all of the following requirements:
(1)Maintain the level of care and services necessary to meet the needs of the children in care.
(2)Agree not to accept for placement AFDC-FC funded children, including voluntary placements and seriously emotionally disturbed children placed out-of-home pursuant to an individualized education program developed under Section 7572.5 of the Government Code, who have not been approved in writing for placement by the child and family team or the interagency placement committee, as described in Section 4096.
(A)The written approval shall indicate both of the following:
(i)The child is seriously emotionally disturbed, as defined by Section 5600.3 and subject to Section 1502.4 of the Health and Safety Code.
(ii)The child needs the level of care provided by the short-term residential treatment center or foster family agency that provides treatment services.
(B)Seriously emotionally disturbed children who are assessed and placed out-of-home pursuant to an individualized education program developed under Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1 of the Government Code shall be deemed to have met the placement requirements of clause (i) of subparagraph (A) only if the individualized education program assessment indicates that the child has been determined to be seriously emotionally disturbed, as defined in Section 5600.3 and subject to Section 1502.4 of the Health and Safety Code, and needs the level of care described in subparagraph (A).
(C)Nothing in this subdivision shall prevent an emergency placement of a child into a short-term residential treatment center or foster family agency that provides treatment services prior to the determination by the child and family team or interagency placement committee, as applicable, pursuant to subparagraph (A), but only if a licensed mental health professional, as defined in the departments AFDC-FC ratesetting regulations, has made a written determination within 72 hours of the childs placement, that the child is seriously emotionally disturbed and is in need of the care and services provided by the short-term residential treatment center or foster family agency that provides treatment services.
(D)(i)The child and family team or interagency placement committee, as appropriate, shall, within 30 days of placement, make the determinations required by subparagraph (A).
(ii)If it determines the placement is appropriate, the child and family team or interagency placement committee, as appropriate, shall transmit the approval, in writing, to the county placing agency and the short-term residential treatment center or foster family agency that provides treatment services.
(iii)If it determines the placement is not appropriate, the child and family team or interagency placement committee, as appropriate, shall transmit the disapproval, in writing, to the county placing agency and the short-term residential treatment center or foster family agency that provides treatment services, and the child shall be referred to an appropriate placement, as specified in subdivision (f).
(E)Commencing January 1, 2017, for AFDC-FC funded children, only those children who are approved for placement by the child and family team or interagency placement committee, as appropriate, may be accepted by a short-term residential treatment center or foster family agency that provides treatment services.
(F)The department shall, through regulation, establish consequences for the failure of a short-term residential treatment center, or a foster family agency that provides treatment services, to obtain written approval for placement of an AFDC-FC funded child from the child and family team or interagency placement committee.
(3)The short-term residential treatment center, or foster family agency that provides treatment services, shall be certified by the State Department of Health Care Services or a county to which the department has delegated certification authority pursuant to Section 4096.5.
(b)The department shall not establish a rate for a short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment unless the provider submits a recommendation from the host county or the primary placing county that the program is needed and that the provider is willing and capable of operating the program at the level sought. For purposes of this subdivision, host county, and primary placing county, mean the same as defined in the departments AFDC-FC ratesetting regulations.
(c)The effective date of rates set for a short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment shall be the date that all the requirements are met.
(d)Any short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment pursuant to subdivision (a) shall be reclassified and paid at the appropriate program rate for which it is qualified if either of the following occurs:
(1)(A)It fails to maintain the level of care and services necessary to meet the needs of the children in care, as required by paragraph (1) of subdivision (a). The determination shall be made consistent with the departments AFDC-FC ratesetting regulations developed pursuant to Sections 11462 and 11463 and shall take into consideration the highest level of care and associated rates for which the program is eligible.
(B)In the event of a determination under this paragraph, the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment may appeal the finding or submit a corrective action plan. The appeal process specified in Section 11466.6 shall be available to a short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment. During any appeal, the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment shall maintain the appropriate level of care.
(2)It fails to maintain a certified mental health treatment program as required by paragraph (3) of subdivision (a).
(e)In addition to any other review required by law, the child and family team referenced in Sections 831 and 16501 shall periodically review the placement of the child. If the child and family team determines that the child no longer needs, or is not benefiting from, placement in a short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment, the team shall transmit the disapproval, in writing, to the county placing agency and the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment, and the child shall be referred to an appropriate placement.
(f)The department shall develop a process to address placements when, subsequent to the childs placement, a determination is made by the interagency placement team or the child and family team, either that the child is not seriously emotionally disturbed or is not in need of the care and services provided by the certified program. The process shall include, but not be limited to:
(1)Notice of the determination in writing to both the county placing agency and the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment.
(2)Notice of the countys plan, and a time frame, for removal of the child in writing to the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment.
(3)Referral to an appropriate placement.
(4)Actions to be taken if a child is not timely removed from the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment or placed in an appropriate placement.
(g)(1)Nothing in this section shall prohibit a short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment for purposes of the AFDC-FC program, from accepting private placements of children.
(2)When a referral is not from a public agency and no public funding is involved, there is no requirement for public agency review nor determination of need.
(3)Children subject to paragraphs (1) and (2) shall have been determined to be seriously emotionally disturbed, as defined in Section 5600.3 and subject to Section 1502.4 of the Health and Safety Code, by a licensed mental health professional.
SEC. 55.Section 11462.02 of the Welfare and Institutions Code is amended to read:11462.02.(a)Notwithstanding paragraph (2) of subdivision (a) of Section 11462, a foster care provider licensed as a group home may also have a rate established if the group home is operated by the County of San Mateo, as provided by subdivision (h) of Section 11400.
(b)(1)This section shall become inoperative on January 1, 2017, except that this section shall continue to apply, until January 1, 2018, to a group home that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11462.04.
(2)This section is repealed as of January 1, 2018, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 56.Section 11462.02 is added to the Welfare and Institutions Code, to read:11462.02.(a)Any existing county-operated foster family agency or group home, including the group home operated by the County of San Mateo, shall, commencing January 1, 2017, be classified as, and shall meet all of the requirements of, a foster family agency or a short-term residential treatment center, as set forth respectively in subdivisions (e) and (f) of Section 11402, to be eligible to receive AFDC-FC funds.
(b)Notwithstanding any other law, the State Department of Social Services may license a county as a foster family agency or as a short-term residential treatment center.
(c)If a county exercises its option to operate a foster family agency or a short-term residential treatment center, the county shall submit an application and shall comply with the requirements of Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code related to a foster family agency programs or short-term residential treatment center, as applicable.
(d)A county that requests, and is granted, a license for a foster family agency or short-term residential treatment center shall apply for an AFDC-FC rate pursuant to Section 11463 or 11462, as applicable.
(e)As a condition for eligibility for an AFDC-FC rate for a short-term residential treatment center or a foster family agency, the county shall comply with all applicable law concerning a short-term residential treatment center or foster family agency, including, but not limited to, the following provisions related to licensing, rate, audit, due process, enforcement, and overpayment collection:
(1)Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code.
(2)Article 10 (commencing with Section 360) of Chapter 2 of Part 1 of Division 2 of this code.
(3)Article 18 (commencing with Section 725) of Chapter 2 of Part 1 of Division 2 of this code.
(4)Article 22 (commencing with Section 825) of Chapter 2 of Part 1 of Division 2 of this code.
(5)Article 5 (commencing with Section 11400) of Chapter 2 of Part 3 of Division 9 of this code.
(6)Article 6 (commencing with Section 11450) of Chapter 2 of Part 3 of Division 9 of this code.
(f)The state is not obligated under Section 36 of Article XIII of the California Constitution to provide any annual funding to a county to comply with this section; with any regulation, executive order, or administrative order implementing this section; or with any federal statute or regulation related to this section, because the countys operation of a licensed short-term residential treatment center or foster family agency is optional for the county and is not required by this section.
(g)Counties licensed to operate a foster family agency or short-term residential treatment center shall, as a condition to receiving payment, ensure that its conflict of interest mitigation plan, submitted to the department pursuant to subdivision (b) of Section 1506.1 and subdivision (c) of Section 1562.01 of the Health and Safety Code, addresses, but is not limited to, the following:
(1)A decision to place children in a county-operated facility when alternative appropriate placement options exist.
(2)The reporting by county staff to the department or other agencies of observed noncompliant conditions or health and safety concerns in county-operated foster family agencies or short-term residential treatment centers.
(3)The cross-reporting of reports received from mandatory child abuse and neglect reporters involving county-operated foster family agencies and short-term residential treatment center programs.
(4)Disclosures of fatalities and near fatalities of children placed in county-operated foster family agencies and short-term residential treatment centers.
SEC. 57.Section 11462.04 of the Welfare and Institutions Code is amended to read:11462.04.(a)Notwithstanding any other law, no new group home rate or change to an existing rate shall be established pursuant to Section 11462. An application shall not be accepted or processed for any of the following:
(1)A new program.
(2)A new provider.
(3)A program change, such as a rate classification level (RCL) increase.
(4)A program capacity increase.
(5)A program reinstatement.
(b)Notwithstanding subdivision (a), the department may grant exceptions as appropriate on a case-by-case basis, based upon a written request and supporting documentation provided by county placing agencies, including county welfare or probation directors.
(c)(1)For the 201213, 201314, and 201415 fiscal years, notwithstanding subdivision (b), for any program below RCL 10, the only exception that may be sought and granted pursuant to this section is for an application requesting a program change, such as an RCL increase. The authority to grant other exceptions does not apply to programs below RCL 10 during these fiscal years.
(2)Notwithstanding paragraph (1), commencing January 1, 2017, no exception shall be granted for any program below RCL 10.
(d)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 58.Section 11462.04 is added to the Welfare and Institutions Code, to read:11462.04.(a)Notwithstanding any other law, commencing January 1, 2017, no new group home rate or change to an existing rate shall be established pursuant to the Rate Classification Level (RCL) system.
(b)Notwithstanding subdivision (a), the department may grant an exception as appropriate, on a case-by-case basis, when a written request and supporting documentation are provided by a county placing agency, including a county welfare or probation director, that absent the granting of that exception, there is a material risk to the welfare of children due to an inadequate supply of appropriate alternative placement options to meet the needs of children.
(c)For group homes being paid under the RCL system, and those granted an exception pursuant to paragraph (b), group home rates shall terminate on December 31, 2016, unless granted an extension under the exception process in subdivision (d).
(d)A group home may request an exception to extend its rate as follows:
(1)The department may grant an extension for up to one year, through December 31, 2017, on a case-by-case basis, when a written request and supporting documentation are provided by a county placing agency, including a county welfare or probation director, that absent the granting of that exception, there is a material risk to the welfare of children due to an inadequate supply of appropriate alternative placement options to meet the needs of children. The exception may include time to meet the program accreditation requirement or the mental health certification requirement.
(2)The exception shall allow the provider to continue to receive the rate under the prior ratesetting system.
(e)Upon termination of an existing group home rate under the RCL system, a new rate shall not be paid until an application is approved and a rate is granted by the department pursuant to Section 11462 as a short-term residential treatment center or pursuant to Section 11463 as a foster family agency.
(f)The department shall, in the development of the new rate structures, consider and provide for placement of all children who are displaced as a result of reclassification of treatment facilities.
(g)This section shall become inoperative on January 1, 2017.
SEC. 59.Section 11463 of the Welfare and Institutions Code is amended to read:11463.(a)(1)The department, with the advice, assistance, and cooperation of the counties and foster care providers, shall develop, implement, and maintain a ratesetting system for foster family agencies.
(2)No county shall be reimbursed for any percentage increases in payments, made on behalf of AFDC-FC funded children who are placed with foster family agencies, that exceed the percentage cost-of-living increase provided in any fiscal year beginning on January 1, 1990, as specified in subdivision (c) of Section 11461.
(b)The department shall develop regulations specifying the purposes, types, and services of foster family agencies, including the use of those agencies for the provision of emergency shelter care. A distinction, for ratesetting purposes, shall be drawn between foster family agencies that provide treatment of children in foster families and those that provide nontreatment services.
(c)The department shall develop and maintain regulations specifying the procedure for the appeal of department decisions about the setting of an agencys rate.
(d)On and after July 1, 1998, the schedule of rates, and the components used in the rate calculations specified in the departments regulations, for foster family agencies shall be increased by 6 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new schedule of rates for foster family agencies.
(e)(1)On and after July 1, 1999, the schedule of rates and the components used in the rate calculations specified in the departments regulations for foster family agencies shall be adjusted by an amount equal to the California Necessities Index computed pursuant to Section 11453, rounded to the nearest dollar, subject to the availability of funds. The resultant amounts shall constitute the new schedule of rates for foster family agencies, subject to further adjustment pursuant to paragraph (2).
(2)In addition to the adjustment specified in paragraph (1), commencing January 1, 2000, the schedule of rates and the components used in the rate calculations specified in the departments regulations for foster family agencies shall be increased by 2.36 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new schedule of rates for foster family agencies.
(f)For the 19992000 fiscal year, foster family agency rates that are not determined by the schedule of rates set forth in the departments regulations, shall be increased by the same percentage as provided in subdivision (e).
(g)(1)For the 200001 fiscal year and each fiscal year thereafter, the foster family agency rate shall be supplemented by one hundred dollars ($100) for clothing per year per child in care, subject to the availability of funds. The supplemental payment shall be used to supplement, and shall not be used to supplant, any clothing allowance paid in addition to the foster family agency rate.
(2)Notwithstanding paragraph (1), commencing with the 201213 fiscal year, and each fiscal year thereafter, no supplemental clothing allowance shall be provided, because the rate issued in accordance with paragraph (1) of subdivision (m) takes the cost of clothing into account.
(h)In addition to the adjustment made pursuant to subdivision (e), the component for social work activities in the rate calculation specified in the departments regulations for foster family agencies shall be increased by 10 percent, effective January 1, 2001. This additional funding shall be used by foster family agencies solely to supplement staffing, salaries, wages, and benefit levels of staff performing social work activities. The schedule of rates shall be recomputed using the adjusted amount for social work activities. The resultant amounts shall constitute the new schedule of rates for foster family agencies. The department may require a foster family agency receiving this additional funding to certify that the funding was utilized in accordance with the provisions of this section.
(i)The increased rate provided by subparagraph (C) of paragraph (1) of subdivision (d) of Section 11461 shall not be used to compute the monthly amount that may be paid to licensed foster family agencies for the placement of children in certified foster homes.
(j)The total foster family agency rate by age group in effect as of January 1, 2008, paid to licensed foster family agencies for the placement of children in certified foster family homes, shall be reduced by 10 percent, effective October 1, 2009. The foster family agency shall have flexibility in applying the reduction, however, nothing shall be deducted from the child base rate, as defined in departmental regulations. When the rate is restored to at least the rate in effect on September 1, 2009, the director shall issue the declaration described in Section 1506.3 of the Health and Safety Code.
(k)Effective October 1, 2009, the total foster family agency rate by age group, in effect for those agency rates that are not determined by the schedule of rates set forth in the departments regulations, shall be reduced by the same percentage and in the same manner as provided for in subdivision (j).
(l)(1)The department shall determine, consistent with the requirements of this section and other relevant requirements under law, the rate category for each foster family agency on a biennial basis. Submission of the biennial rate application shall be according to a schedule determined by the department.
(2)The department shall adopt regulations to implement this subdivision. The adoption, amendment, repeal, or readoption of a regulation authorized by this subdivision is deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement to describe specific facts showing the need for immediate action.
(m)(1)On and after July 1, 2012, the basic rate payment that shall be made to the certified parent pursuant to this section for care and supervision of a child who is living in a certified home of a foster family agency, as defined in Section 11400, shall equal the basic rate for children based in a licensed or approved home, as specified in paragraph (1) of subdivision (g) of Section 11461.
(2)The basic rate payment to the certified parent made pursuant to paragraph (1) shall be adjusted annually on July 1, by the annual percentage change in the California Necessities Index, in accordance with paragraph (2) of subdivision (g) of Section 11461. The adjustment in this paragraph shall be in lieu of any adjustment pursuant to subdivision (e).
(n)Notwithstanding any other law, the changes to the basic rate payment specified in subdivision (m) shall not change the remaining components of the foster family agency rate. The new foster family agency rate shall be increased only by the amounts specified pursuant to subdivision (m). The resulting amounts shall constitute the new schedule of rates for foster family agencies, which shall be issued by all-county letters or similar instructions from the department.
(o)Beginning in the 201112 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
(p)(1)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific the changes to this section made by the act that added this section, and amend and repeal regulations and orders subject to this section and adopted by the department by means of all-county letters or similar instructions from the department until regulations are adopted. The department shall adopt emergency regulations no later than July 1, 2014. The department may readopt any emergency regulation authorized by this section that is the same as, or substantially equivalent to, an emergency regulation previously adopted under this section.
(2)The initial adoption of emergency regulations pursuant to this section and one readoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and each shall remain in effect for no more than 180 days, by which time final regulations may be adopted.
(q)(1)This section shall become inoperative on January 1, 2017, except that this section shall continue to apply, until January 1, 2018, to a group home that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11462.04 or to a foster family agency that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11463.1.
(2)This section is repealed as of January 1, 2018, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 60.Section 11463 is added to the Welfare and Institutions Code, to read:11463.(a)The department shall commence development of a new payment structure for the Title IV-E funded foster family agency placement option that maximizes federal funding.
(b)The department shall develop a payment system for foster family agencies that provide nontreatment, treatment, intensive treatment, and therapeutic foster care programs, and shall consider all of the following factors:
(1)Administrative activities that are eligible for federal financial participation provided, at county request, for and to licensed and approved family homes, such as placement of a child, case management and supervision, and recruitment and monitoring of family homes.
(2)Social work activities that are eligible for federal financial participation under Title IV-E of the Social Security Act.
(3)Social work and mental health services eligible for federal financial participation under Title XIX of the Social Security Act.
(4)Intensive treatment or therapeutic services in the foster family agency.
(5)Core services provided that encompass community services and supports, permanency-related services, medical and mental health support and access to services, educational support, life and social support, transitional support services upon discharge, biological parent and resource family supports, and services for nonminor dependents.
(6)Staff training.
(7)Health and Safety Code requirements.
(8)A process for accreditation that includes all of the following:
(A)Provision for all licensed foster family agencies to maintain in good standing accreditation from a nationally recognized accreditation agency with expertise in programs for youth group care facilities, as determined by the department.
(B)Promulgation by the department of information identifying the agency or agencies from which accreditation shall be required.
(C)Provision for timely reporting to the department of any change in accreditation status.
(9)Mental health certification, including a requirement to timely report to the department any change in mental health certificate status.
(10)Populations served, including, but not limited to, any of the following:
(A)Seriously emotionally disturbed children placed out-of-home pursuant to an individualized education program developed under Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1 of the Government Code.
(B)AFDC-FC children receiving intensive and therapeutic treatment services in a foster family agency.
(C)AFDC-FC children receiving mental health treatment services from a group home.
(11)Maximization of federal financial participation for Title IV-E and Title XIX of the Social Security Act.
(c)The department shall develop a system of governmental monitoring and oversight that shall be carried out in coordination with the State Department of Health Care Services. Oversight responsibilities shall include, but not be limited to, ensuring conformity with federal and state law, including program, fiscal, and health and safety reviews.
(d)The department shall consider the impact on youth being transitioned to alternate programs as a result of the new ratesetting system.
(e) This section shall become operative on January 1, 2017.
SEC. 61.Section 11463.1 is added to the Welfare and Institutions Code, to read:11463.1.(a)Notwithstanding any other law, commencing January 1, 2017, no new foster family agency shall be established pursuant to the rate in effect through December 31, 2016.
(b)Notwithstanding subdivision (a), the department may grant an exception as appropriate, on a case-by-case basis, when a written request and supporting documentation are provided by a county placing agency, including a county welfare or probation director, that absent the granting of that exception, there is a material risk to the welfare of children due to an inadequate supply of appropriate alternative placement options to meet the needs of children.
(c)Rates for foster family agencies paid under the prior rate system, and those granted an exception pursuant to subdivision (b), shall terminate on December 31, 2016, unless granted an extension under the exception process in subdivision (d).
(d)A foster family agency may request an exception to extend its rate as follows:
(1)The department may grant an extension for up to one year, through December 31, 2017, on a case-by-case basis, when a written request and supporting documentation are provided by a county placing agency, including a county welfare or probation director, that absent the granting of that exception, there is a material risk to the welfare of children due to an inadequate supply of appropriate alternative placement options to meet the needs of children. The exception may include time to meet the accreditation requirement or the mental health certification requirement.
(2)The exception shall allow the provider to continue to receive the rate under the prior ratesetting system.
(e)Upon termination of an existing foster family agency rate under the prior rate system, a new rate shall not be paid until an application is approved and a rate is granted by the department pursuant to Section 11463 as a foster family agency or Section 11462 as a short-term residential treatment center.
(f)The department shall, in the development of the new rate structures, consider and provide for placement of all children who are displaced as a result of reclassification of treatment facilities.
(g)(1)This section shall become inoperative on January 1, 2017, except that this section shall continue to apply, until January 1, 2018, to a group home that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11462.04 or to a foster family agency that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11463.1.
(2)This section is repealed as of January 1, 2018, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 62.Section 11465 of the Welfare and Institutions Code is amended to read:11465.(a)When a child is living with a parent who receives AFDC-FC or Kin-GAP benefits, the rate paid to the provider on behalf of the parent shall include an amount for care and supervision of the child.
(b)For each category of eligible licensed community care facility, as defined in Section 1502 of the Health and Safety Code, the department shall adopt regulations setting forth a uniform rate to cover the cost of care and supervision of the child in each category of eligible licensed community care facility.
(c)(1)On and after July 1, 1998, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 6 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate.
(2)(A)On and after July 1, 1999, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be adjusted by an amount equal to the California Necessities Index computed pursuant to Section 11453, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate, subject to further adjustment pursuant to subparagraph (B).
(B)In addition to the adjustment specified in subparagraph (A), on and after January 1, 2000, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 2.36 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate.
(3)Subject to the availability of funds, for the 200001 fiscal year and annually thereafter, these rates shall be adjusted for cost of living pursuant to procedures in Section 11453.
(4)On and after January 1, 2008, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 5 percent, rounded to the nearest dollar. The resulting amount shall constitute the new uniform rate.
(d)(1)Notwithstanding subdivisions (a) to (c), inclusive, the payment made pursuant to this section for care and supervision of a child who is living with a teen parent in a whole family foster home, as defined in Section 11400, shall equal the basic rate for children placed in a licensed or approved home as specified in subdivisions (a) to (d), inclusive, and subdivision (g), of Section 11461.
(2)(A)The amount paid for care and supervision of a dependent infant living with a dependent teen parent receiving AFDC-FC benefits in a group home placement shall equal the infant supplement rate for group home placements.
(B)Commencing January 1, 2017, the amount paid for care and supervision of a dependent infant living with a dependent parent receiving AFDC-FC benefits in a short-term residential treatment center shall equal the infant supplement rate for short-term residential treatment centers established by the department.
(3)(A)The caregiver shall provide the county child welfare agency or probation department with a copy of the shared responsibility plan developed pursuant to Section 16501.25 and shall advise the county child welfare agency or probation department of any subsequent changes to the plan. Once the plan has been completed and provided to the appropriate agencies, the payment made pursuant to this section shall be increased by an additional two hundred dollars ($200) per month to reflect the increased care and supervision while he or she is placed in the whole family foster home.
(B)A nonminor dependent parent residing in a supervised independent living placement, as defined in subdivision (w) of Section 11400, who develops a written parenting support plan pursuant to Section 16501.26 shall provide the county child welfare agency or probation department with a copy of the plan and shall advise the county child welfare agency or probation department of any subsequent changes to the plan. The payment made pursuant to this section shall be increased by an additional two hundred dollars ($200) per month after all of the following have been satisfied:
(i)The plan has been completed and provided to the appropriate county agency.
(ii)The plan has been approved by the appropriate county agency.
(iii)The county agency has determined that the identified responsible adult meets the criteria specified in Section 16501.27.
(4)In a year in which the payment provided pursuant to this section is adjusted for the cost of living as provided in paragraph (1) of subdivision (c), the payments provided for in this subdivision shall also be increased by the same procedures.
(5)A Kin-GAP relative who, immediately prior to entering the Kin-GAP program, was designated as a whole family foster home shall receive the same payment amounts for the care and supervision of a child who is living with a teen parent they received in foster care as a whole family foster home.
(6)On and after January 1, 2012, the rate paid for a child living with a teen parent in a whole family foster home as defined in Section 11400 shall also be paid for a child living with a nonminor dependent parent who is eligible to receive AFDC-FC or Kin-GAP pursuant to Section 11403.
SEC. 63.Section 11466 is added to the Welfare and Institutions Code, to read:11466.For the purposes of this section to Section 114691.1, inclusive, provider shall mean a group home, short-term residential treatment center, a foster family agency that provides treatment services, and similar foster care business entities.
SEC. 64.Section 11466.21 of the Welfare and Institutions Code is amended to read:11466.21.(a)In accordance with subdivision (b), as a condition to receive an AFDC-FC rate for a program including, but not limited to, a group home program or, a foster family agency program that provides treatment services, or a short-term residential treatment center, the following shall apply:
(1)Any provider who expends in combined federal funds an amount at or above the federal funding threshold in accordance with the federal Single Audit Act, as amended, and Office of Management and Budget (OMB) Circular A-133, shall arrange to have a financial audit conducted on an annual basis, and shall submit the annual financial audit to the department in accordance with regulations adopted by the department.
(2)Any provider who expends in combined federal funds an amount below the federal funding threshold in accordance with the federal Single Audit Act, as amended, and Office of Management and Budget (OMB) Circular A-133, shall submit to the department a financial audit on its most recent fiscal period at least once every three years. The department shall provide timely notice to the providers of the date that submission of the financial audit is required. That date of submission of the financial audit shall be established in accordance with regulations adopted by the department.
(3)The scope of the financial audit shall include all of the programs and activities operated by the provider and shall not be limited to those funded in whole or in part by the AFDC-FC program. The financial audits shall include, but not be limited to, an evaluation of the accounting and control systems of the provider.
(4)The provider shall have its financial audit conducted by certified public accountants or by state-licensed public accountants who have no direct or indirect relationship with the functions or activities being audited, or with the provider, its board of directors, officers, or staff.
(5)The provider shall have its financial audits conducted in accordance with Government Auditing Standards issued by the Comptroller General of the United States and in compliance with generally accepted accounting principles applicable to private entities organized and operated on a nonprofit basis.
(6)(A)Each provider shall have the flexibility to define the calendar months included in its fiscal year.
(B)A provider may change the definition of its fiscal year. However, the financial audit conducted following the change shall cover all of the months since the last audit, even though this may cover a period that exceeds 12 months.
(b)(1)In accordance with subdivision (a), as a condition to receive an AFDC-FC rate that becomes effective on or after July 1, 2000, a provider shall submit a copy of its most recent financial audit report, except as provided in paragraph (3).
(2)The department shall terminate the rate of a provider who fails to submit a copy of its most recent financial audit pursuant to subdivision (a). A terminated rate shall only be reinstated upon the providers submission of an acceptable financial audit.
(3)Effective July 1, 2000, a new provider that has been incorporated for fewer than 12 calendar months shall not be required to submit a copy of a financial audit to receive an AFDC-FC rate for a new program. The financial audit shall be conducted on the providers next full fiscal year of operation. The provider shall submit the financial audit to the department in accordance with subdivision (a).
(c)The department shall implement this section through the adoption of emergency regulations.
SEC. 65.Section 11466.22 of the Welfare and Institutions Code is amended to read:11466.22.(a)It is the intent of the Legislature to ensure overall program integrity in the AFDC-FC program through the establishment of an effective and efficient process for the collection of group home provider sustained overpayments. Furthermore, the intent of the Legislature is to ensure that children placed in an AFDC-FC group home program programs, including, but not limited to, group homes, short-term residential treatment centers, and foster family agencies that provide treatment services, receive the level of care and supervision commensurate with the group home programs rate classification level.
(b)For the purposes of this section, a group home provider is a licensee of one or more group homes, as defined in subdivision (h) of Section 11400, an AFDC-FC program listed in Section 11402, including, but not limited to, a group home, short-term residential treatment center, foster family agency that provides treatment services, or a similar business entity, receiving foster care maintenance payments under the AFDC-FC program. The department may collect a sustained overpayment from the party responsible for the sustained overpayment, regardless of whether the party remains in the business of providing group home any AFDC-FC programs, and regardless of whether the party provider remains licensed by the department.
(c)For the purposes of this section, a group home provider overpayment is an overpayment that results in an audit period when a group home provider receives a rate reimbursement to which it is not entitled. If a group home provider receives a rate reimbursement to which it is not entitled, it shall be liable to repay the overpayment.
(d)(1)Overpayments shall be determined by either a group home provider audit or a group home provider self-reporting an overpayment.
(2)If an informal hearing is not requested, or on the 60th day after an informal decision if a provider or the department does not file a notice of intent to file a formal appeal, or on the 30th day following a formal appeal hearing decision, whichever is latest, a group home provider overpayment shall be sustained for collection purposes and the department shall issue a demand letter for repayment of the sustained overpayment.
(3)The department shall establish a voluntary repayment agreement procedure with a maximum repayment period of nine years. The procedure shall take into account the amount of the overpayment, projected annual income of the program that caused the overpayment, a minimum repayment amount, including principal and interest, of 3 percent of annual income prorated on a monthly basis, simple interest for the first seven years of the voluntary repayment agreement on the overpayment amount based on the Surplus Money Investment Fund, and simple interest for the eighth and ninth years of the voluntary repayment agreement based on the prime rate at that time plus 3 percent. The department may adopt regulations permitting the director, at his or her discretion, to renegotiate the volunteer repayment agreement if the director determines that the agreement would cause severe harm to children in placement.
(4)The department shall establish an involuntary overpayment collection procedure, that shall take into account the amount of the overpayment, projected annual income, a minimum required repayment amount, including principal and interest, of 5 percent of the annual income prorated on a monthly basis, simple interest on the overpayment amount based on the Surplus Money Investment Fund, and a maximum repayment period of seven years. The department may establish regulations permitting the director at his or her discretion to renegotiate the involuntary payment agreement if the director determines that the agreement would cause severe harm to children in placement.
(e)The department shall develop regulations for recovery of any group home provider sustained overpayments. The regulations shall prioritize collection methods, that which shall include voluntary repayment agreement procedures, involuntary overpayment collection procedures, including the use of a statutory lien, rate request denials, rate decreases without an RCL reduction, and rate terminations.
(f)Whenever the department determines that a group home provider sustained overpayment has occurred, the department shall recover from the group home provider the full amount of the sustained overpayment, and simple interest on the sustained overpayment amount, pursuant to methods described in subdivision (e), against the group home providers income or assets.
(g)If a provider is successful in its appeal of a collected overpayment, it shall be repaid the collected overpayment plus simple interest based on the Surplus Money Investment Fund.
SEC. 66.Section 11466.25 of the Welfare and Institutions Code is amended to read:11466.25.Interest begins to accrue on a group home provider overpayment on the date of the issuance of the final audit report.
SEC. 67.Section 11466.3 of the Welfare and Institutions Code is amended to read:11466.3.(a)The department shall offer a voluntary repayment agreement procedure to group home providers that owe a sustained overpayment. A group home provider may enter into a voluntary repayment agreement with the department to repay a sustained overpayment. The voluntary repayment agreement shall, at a minimum, meet the requirements developed pursuant to paragraph (3) of subdivision (d) of Section 11466.2.
(b)The department shall charge simple interest on the voluntary repayment agreement in accordance with paragraph (3) of subdivision (d) of Section 11466.2.
SEC. 68.Section 11466.31 of the Welfare and Institutions Code is amended to read:11466.31.(a)When it has been determined that a group home provider participating in the AFDC-FC program owes an overpayment that is due and payable, the department may implement involuntary offset collection procedures to collect sustained overpayments from a group home provider if the provider does not enter into a voluntary repayment agreement with the department or the provider has three outstanding payments on a voluntary repayment agreement before the overpayment is repaid.
The
(b)The minimum monthly overpayment offset amount from monthly rate reimbursements shall be determined using the involuntary collection procedures developed pursuant to paragraph (4) of subdivision (d) of Section 11466.2. Overpayments shall be offset against current monthly rate reimbursement payments due and payable to a group home provider under this chapter.
SEC. 69.Section 11466.32 of the Welfare and Institutions Code is amended to read:11466.32.(a)If a group home provider that owes a sustained overpayment pursuant to paragraph (2) of subdivision (d) of Section 11466.2 does not enter into a voluntary repayment agreement with the department, or the provider has three outstanding payments on a voluntary repayment agreement before the overpayment is repaid, in addition to the monthly overpayment offset amount, 50 percent of any increases resulting from California Necessities Index (CNI) adjustments and group home providers rate adjustments to the standard rate that are due to a group home provider shall be withheld until the sustained overpayment amount is collected. Once the overpayment amount is collected, the group home provider shall begin to prospectively receive the full amount of any California Necessities Index and rate adjustment to which it is entitled.
(b)Any group home provider subject to involuntary repayment of a sustained overpayment pursuant to Section 11466.31 shall be ineligible to receive an RCL any rate increase until the repayment is completed or until the host county or the primary placement county provide the department with a request for waiver of this paragraph.
SEC. 70.Section 11466.33 of the Welfare and Institutions Code is amended to read:11466.33.(a)If any amount is due and payable to the department as a result of sustained overpayment to a group home provider for care and services in the AFDC-FC program, the department may file, in the office of any county clerk of any county in which the group home provider has real or personal property, a certificate if any of the following conditions are met:
(1)No informal hearing is requested and if a provider has not submitted a voluntary repayment agreement with the first payment, and 60 days have elapsed from the notice of audit results.
(2)No formal appeal is requested and if a provider has not submitted a voluntary repayment agreement along with the first payment, and 60 days have elapsed from the notice of the informal hearing decision.
(3)A provider has not submitted a voluntary repayment agreement along with the first payment, and 30 days have elapsed after an adverse appeal decision by a hearing officer that sustains an overpayment.
(b)The certificate provided for pursuant to subdivision (a) shall contain:
(1)The amount due, owing, and unpaid, plus simple interest on the amount owing and unpaid beginning on the date the certificate is filed.
(2)A statement that the department has complied with this section prior to the filing of the certificate.
(3)A request that a lien be recorded against the group home provider in the amount set forth in the certificate.
(c)The county clerk immediately upon the filing of the certificate shall record the lien for the State of California against the group home provider in the amount set forth in the certificate. The lien may be filed in the chain of title of the property.
(d)The department shall pay the cost of the first lien, and group home providers shall be responsible for any subsequent liens on a sustained overpayment.
(e)For the first certificate filed by the department pursuant to this section, the county shall waive all filing fees.
SEC. 71.Section 11466.34 of the Welfare and Institutions Code is amended to read:11466.34.(a)(1)At any time within 10 years of the recording of a lien pursuant to Section 11466.33, the department may bring an action, in a superior court in the county in which the lien is filed, seeking a judgment to establish the lien as a judgment lien.
(2)If a judgment is obtained pursuant to paragraph (1), the county recorder shall record the lien as a judgment lien.
(b)An abstract of a judgment obtained pursuant to subdivision (a) or a copy thereof may be recorded with the county recorder of any county. From the time of recording, the judgment shall constitute a lien upon all real or personal property of the group home provider in that county owned by the group home provider at the time, or that the group home provider may afterwards, but before the lien expires, acquire. The judgment lien shall continue for 10 years from the time of recording of the abstract of judgment obtained pursuant to subdivision (a), unless sooner released or otherwise discharged.
(c)The judgment lien may, within 10 years from the date of recording of the abstract of judgment or within 10 years from the date of the last extension of the lien in the manner provided in this section, be extended by recording a new abstract in the office of the county recorder of any county. From the date of that recording, the lien shall be extended for 10 years, unless sooner released or otherwise discharged.
(d)The department may release any lien imposed pursuant to this chapter, at the providers cost, in which case any judgment pertaining to that lien is for all purposes null and void, if all of the following conditions are met:
(1)No temporary suspension order or license revocation actions by the departments community care licensing division is pending against a provider.
(2)A provider has made at least three timely payments on a voluntary repayment agreement.
(3)The provider submits to the department corroborative evidence that it is unable to obtain a loan from an institutional lender unless the lien is released.
(e)Execution shall issue upon a judgment obtained pursuant to this section upon request of the department in the same manner as execution may issue upon other judgments. Sale shall be held under that execution as prescribed in the Code of Civil Procedure. In all proceedings under this section, the director or his or her authorized agents may act on behalf of the state.
SEC. 72.Section 11466.35 of the Welfare and Institutions Code is amended to read:11466.35.(a)Any licensee who has been determined to owe a sustained overpayment under this chapter, and who, subsequent to notice of the sustained overpayment, has its group home rate terminated, shall be ineligible to apply or receive a rate for any future group home program until the overpayment is repaid.
(b)A rate application shall be denied for a group home provider that meets either of the following conditions:
(1)A provider owing a sustained overpayment under this chapter, upon the occurrence of any additional sustained overpayment, shall be ineligible to apply or receive a rate for an existing or future group home program until the sustained overpayments are repaid, unless a voluntary repayment agreement is approved by the department.
(2)A provider incurring a sustained overpayment that constitutes more than 60 percent of the providers annual rate reimbursement shall be ineligible to apply or receive a rate for any existing or future group home programs until the sustained overpayments are repaid, unless a voluntary repayment agreement is approved by the department.
SEC. 73.Section 11466.36 of the Welfare and Institutions Code is amended to read:11466.36.(a)The department may terminate a group home program rate if any of the following conditions are met:
(1)The director department determines that, based upon the findings of a hearing officer, a rate application or information submitted by a provider was fraudulently submitted to the department.
(2)A provider with an outstanding sustained overpayment incurs a second sustained overpayment, and is unable to repay the sustained overpayments.
(3)A provider has a sustained overpayment that represents 100 percent of a providers annual rate reimbursement.
(b)This chapter shall not be construed to affect the departments authority under other provisions of law for collection of group home provider sustained overpayments.
SEC. 74.Section 11466.5 of the Welfare and Institutions Code is amended to read:11466.5.The department shall collect group home cost data and monitor the cost of providing care and supervision, and social work services, to AFDC-FC recipients. These data shall include, but not be limited to, the costs incurred by group homes for employee wages and benefits.
SEC. 75.Section 11466.6 of the Welfare and Institutions Code is amended to read:11466.6.A group home provider who disagrees with the rate determined by the department or adjusted by a program audit shall may request in writing an appeal by the director or the directors designee. The department shall adopt regulations establishing procedures for the departmental appeal process.
SEC. 76.Section 11468 of the Welfare and Institutions Code is amended to read:11468.The director department shall establish administrative procedures to review the rate set by the department for a foster family agency and a group home program AFDC-FC programs, including, but not limited to, group homes, short-term residential treatment centers, and foster family agencies that provide treatment services.
SEC. 77.Section 16000 of the Welfare and Institutions Code is amended to read:16000.(a)It is the intent of the Legislature to preserve and strengthen a childs family ties whenever possible, removing the child from the custody of his or her parents only when necessary for his or her welfare or for the safety and protection of the public. If a child is removed from the physical custody of his or her parents, preferential consideration shall be given whenever possible to the placement of the child with the relative as required by Section 7950 of the Family Code. If the child is removed from his or her own family, it is the purpose of this chapter to secure as nearly as possible for the child the custody, care, and discipline equivalent to that which should have been given to the child by his or her parents. It is further the intent of the Legislature to reaffirm its commitment to children who are in out-of-home placement to live in the least restrictive, most familylike setting and to live as close to the childs family as possible pursuant to subdivision (c) of Section 16501.1. Family reunification services shall be provided for expeditious reunification of the child with his or her family, as required by law. If reunification is not possible or likely, a permanent alternative shall be developed.
(b)It is further the intent of the Legislature that all children live with a committed, permanent, and nurturing family. Services and supports should be tailored to meet the needs of the individual child and family being served, with the ultimate goal of maintaining the family, or when this is not possible, transitioning the child or youth to a permanent family or preparing the youth for a successful transition into adulthood. When needed, short-term residential treatment center program services are a short-term, specialized, and intensive intervention that is just one part of a continuum of care available for children, youth, young adults, and their families.
(b)
(c)It is further the intent of the Legislature to ensure that all pupils in foster care and those who are homeless as defined by the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.) have the opportunity to meet the challenging state pupil academic achievement standards to which all pupils are held. In fulfilling their responsibilities to pupils in foster care, educators, county placing agencies, care providers, advocates, and the juvenile courts shall work together to maintain stable school placements and to ensure that each pupil is placed in the least restrictive educational programs, and has access to the academic resources, services, and extracurricular and enrichment activities that are available to all pupils. In all instances, educational and school placement decisions must shall be based on the best interests of the child.
SEC. 78.Section 16501 of the Welfare and Institutions Code is amended to read:16501.(a)(1)As used in this chapter, child welfare services means public social services which that are directed toward the accomplishment of any or all of the following purposes: protecting and promoting the welfare of all children, including handicapped, homeless, dependent, or neglected children; preventing or remedying, or assisting in the solution of problems which may result in, the neglect, abuse, exploitation, or delinquency of children; preventing the unnecessary separation of children from their families by identifying family problems, assisting families in resolving their problems, and preventing breakup of the family where the prevention of child removal is desirable and possible; restoring to their families children who have been removed, by the provision of services to the child and the families; identifying children to be placed in suitable adoptive homes, in cases where restoration to the biological family is not possible or appropriate; and ensuring adequate care of children away from their homes, in cases where the child cannot be returned home or cannot be placed for adoption.
Child
(2)Child welfare services also means services provided on behalf of children alleged to be the victims of child abuse, neglect, or exploitation. The child welfare services provided on behalf of each child represent a continuum of services, including emergency response services, family preservation services, family maintenance services, family reunification services, and permanent placement services, including supportive transition services. The individual childs case plan is the guiding principle in the provision of these services. The case plan shall be developed within a maximum of 60 days of the initial removal of the child or of the in-person response required under subdivision (f) if the child has not been removed from his or her home, or by the date of the dispositional hearing pursuant to Section 358, whichever comes first.
(3)Child welfare services are best provided in a framework that integrates service planning and delivery among multiple service systems, including the mental health system, using a team-based approach, such as a child and family team. A child and family team brings together individuals that engage with the child and family in assessing, planning, and delivering services. A child and family team, defined in subdivision (a) of Section 831, is composed of the child, family, caregiver, placing agency caseworker, the childs tribe or Indian custodian when the child is Indian, and the county mental health representative for placement into a mental health certified facility. As appropriate, the child and family team also may include behavioral health representatives and other formal supports, such as educational professionals and representatives from other agencies providing services to the child and family. A child and family team also may include extended family and informal support persons, such as friends, coaches, faith-based connections, and tribes as identified by the child and family. Use of a team approach increases efficiency, and thus reduces cost, by increasing coordination of formal services and integrating the natural and informal supports available to the child and family.
(1)
(4)Child welfare services may include, but are not limited to, a range of service-funded activities, including case management, counseling, emergency shelter care, emergency in-home caretakers, temporary in-home caretakers, respite care, therapeutic day services, teaching and demonstrating homemakers, parenting training, substance abuse testing, and transportation. These service-funded activities shall be available to children and their families in all phases of the child welfare program in accordance with the childs case plan and departmental regulations. Funding for services is limited to the amount appropriated in the annual Budget Act and other available county funds.
(2)
(5)Service-funded activities to be provided may be determined by each county, based upon individual child and family needs as reflected in the service plan.
(3)
(6)As used in this chapter, emergency shelter care means emergency shelter provided to children who have been removed pursuant to Section 300 from their parent or parents or their guardian or guardians. The department may establish, by regulation, the time periods for which emergency shelter care shall be funded. For the purposes of this paragraph, emergency shelter care may include transitional shelter care facilities as defined in paragraph (11) of subdivision (a) of Section 1502 of the Health and Safety Code.
(b)As used in this chapter, respite care means temporary care for periods not to exceed 72 hours. This care may be provided to the childs parents or guardians. This care shall not be limited by regulation to care over 24 hours. These services shall not be provided for the purpose of routine, ongoing child care.
(c)The county shall provide child welfare services as needed pursuant to an approved service plan and in accordance with regulations promulgated, in consultation with the counties, by the department. Counties may contract for service-funded activities as defined in paragraph (1) of subdivision (a). Each county shall use available private child welfare resources prior to developing new county-operated resources when the private child welfare resources are of at least equal quality and lesser or equal cost as compared with county-operated resources. Counties shall not contract for needs assessment, client eligibility determination, or any other activity as specified by regulations of the State Department of Social Services, except as specifically authorized in Section 16100.
(d)Nothing in this chapter shall be construed to affect duties which are delegated to probation officers pursuant to Sections 601 and 654.
(e)Any county may utilize volunteer individuals to supplement professional child welfare services by providing ancillary support services in accordance with regulations adopted by the State Department of Social Services.
(f)As used in this chapter, emergency response services consist of a response system providing in-person response, 24 hours a day, seven days a week, to reports of abuse, neglect, or exploitation, as required by Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code for the purpose of investigation pursuant to Section 11166 of the Penal Code and to determine the necessity for providing initial intake services and crisis intervention to maintain the child safely in his or her own home or to protect the safety of the child. County welfare departments shall respond to any report of imminent danger to a child immediately and all other reports within 10 calendar days. An in-person response is not required when the county welfare department, based upon an evaluation of risk, determines that an in-person response is not appropriate. This evaluation includes collateral, contacts, a review of previous referrals, and other relevant information, as indicated.
(g)As used in this chapter, family maintenance services are activities designed to provide in-home protective services to prevent or remedy neglect, abuse, or exploitation, for the purposes of preventing separation of children from their families.
(h)As used in this chapter, family reunification services are activities designed to provide time-limited foster care services to prevent or remedy neglect, abuse, or exploitation, when the child cannot safely remain at home, and needs temporary foster care, while services are provided to reunite the family.
(i)As used in this chapter, permanent placement services are activities designed to provide an alternate permanent family structure for children who because of abuse, neglect, or exploitation cannot safely remain at home and who are unlikely to ever return home. These services shall be provided on behalf of children for whom there has been a judicial determination of a permanent plan for adoption, legal guardianship, or long-term foster care, and, as needed, shall include supportive transition services to nonminor dependents, as described in subdivision (v) of Section 11400.
(j)As used in this chapter, family preservation services include those services specified in Section 16500.5 to avoid or limit out-of-home placement of children, and may include those services specified in that section to place children in the least restrictive environment possible.
(k)(1)(A)In any county electing to implement this subdivision, all county welfare department employees who have frequent and routine contact with children shall, by February 1, 1997, and all welfare department employees who are expected to have frequent and routine contact with children and who are hired on or after January 1, 1996, and all such employees whose duties change after January 1, 1996, to include frequent and routine contact with children, shall, if the employees provide services to children who are alleged victims of abuse, neglect, or exploitation, sign a declaration under penalty of perjury regarding any prior criminal conviction, and shall provide a set of fingerprints to the county welfare director.
(B)The county welfare director shall secure from the Department of Justice a criminal record to determine whether the employee has ever been convicted of a crime other than a minor traffic violation. The Department of Justice shall deliver the criminal record to the county welfare director.
(C)If it is found that the employee has been convicted of a crime, other than a minor traffic violation, the county welfare director shall determine whether there is substantial and convincing evidence to support a reasonable belief that the employee is of good character so as to justify frequent and routine contact with children.
(D)No exemption shall be granted pursuant to subparagraph (C) if the person has been convicted of a sex offense against a minor, or has been convicted of an offense specified in Section 220, 243.4, 264.1, 273d, 288, or 289 of the Penal Code, or in paragraph (1) of Section 273a of, or subdivision (a) or (b) of Section 368 of, the Penal Code, or has been convicted of an offense specified in subdivision (c) of Section 667.5 of the Penal Code. The county welfare director shall suspend such a person from any duties involving frequent and routine contact with children.
(E)Notwithstanding subparagraph (D), the county welfare director may grant an exemption if the employee or prospective employee, who was convicted of a crime against an individual specified in paragraph (1) or (7) of subdivision (c) of Section 667.5 of the Penal Code, has been rehabilitated as provided in Section 4852.03 of the Penal Code and has maintained the conduct required in Section 4852.05 of the Penal Code for at least 10 years and has the recommendation of the district attorney representing the employees or prospective employees county of residence, or if the employee or prospective employee has received a certificate of rehabilitation pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code. In that case, the county welfare director may give the employee or prospective employee an opportunity to explain the conviction and shall consider that explanation in the evaluation of the criminal conviction record.
(F)If no criminal record information has been recorded, the county welfare director shall cause a statement of that fact to be included in that persons personnel file.
(2)For purposes of this subdivision, a conviction means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Any action which that the county welfare director is permitted to take following the establishment of a conviction may be taken when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, notwithstanding a subsequent order pursuant to Sections 1203.4 and 1203.4a of the Penal Code permitting the person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment. For purposes of this subdivision, the record of a conviction, or a copy thereof certified by the clerk of the court or by a judge of the court in which the conviction occurred, shall be conclusive evidence of the conviction.
SEC. 79.Section 16501.1 of the Welfare and Institutions Code is amended to read:16501.1.(a)(1)The Legislature finds and declares that the foundation and central unifying tool in child welfare services is the case plan.
(2)The Legislature further finds and declares that a case plan ensures that the child receives protection and safe and proper care and case management, and that services are provided to the child and parents or other caretakers, as appropriate, in order to improve conditions in the parents home, to facilitate the safe return of the child to a safe home or the permanent placement of the child, and to address the needs of the child while in foster care.
(b)(1)A case plan shall be based upon the principles of this section and shall document that a preplacement assessment of the service needs of the child and family, and preplacement preventive services, have been provided, and that reasonable efforts to prevent out-of-home placement have been made.
(2)In determining the reasonable services to be offered or provided, the childs health and safety shall be the paramount concerns.
(3)Upon a determination pursuant to paragraph (1) of subdivision (e) of Section 361.5 that reasonable services will be offered to a parent who is incarcerated in a county jail or state prison, detained by the United States Department of Homeland Security, or deported to his or her country of origin, the case plan shall include information, to the extent possible, about a parents incarceration in a county jail or the state prison, detention by the United States Department of Homeland Security, or deportation during the time that a minor child of that parent is involved in dependency care.
(4)Reasonable services shall be offered or provided to make it possible for a child to return to a safe home environment, unless, pursuant to subdivisions (b) and (e) of Section 361.5, the court determines that reunification services shall not be provided.
(5)If reasonable services are not ordered, or are terminated, reasonable efforts shall be made to place the child in a timely manner in accordance with the permanent plan and to complete all steps necessary to finalize the permanent placement of the child.
(c)(1)If out-of-home placement is used to attain case plan goals, the case plan shall include a description of the type of home or institution in which the child is to be placed, and the reasons for that placement decision. The decision regarding choice of placement shall be based upon selection of a safe setting that is the least restrictive or most familylike and the most appropriate setting that is available and in close proximity to the parents home, proximity to the childs school, and consistent with the selection of the environment best suited to meet the childs special needs and best interests. The selection shall consider, in order of priority, placement with relatives, nonrelated extended family members, and tribal members, and members; foster family homes, and nontreatment certified homes of foster family agencies, agencies; followed by treatment and intensive treatment certified homes of foster family agencies; or multidimensional treatment foster care homes, or therapeutic foster care homes; group care placements, such as in the order of short-term residential treatment centers, group homes and, community treatment facilities, and out-of-state residential treatment pursuant to Section 7950 Part 5 (commencing with Section 7900) of Division 12 of the Family Code.
(2)If a group care treatment placement is selected for a child, the case plan shall indicate the needs of the child that necessitate this placement, the plan for transitioning the child to a less restrictive environment, and the projected timeline by which the child will be transitioned to a less restrictive environment. This section of the case plan shall be reviewed and updated at least semiannually.
(A)The case plan for placements in a group home, or commencing January 1, 2017, in a short-term residential treatment center, shall indicate that the county has taken into consideration Section 16010.8.
(B)After January 1, 2016, if a treatment foster care placement, such as a treatment foster family agency, intensive treatment foster care, therapeutic foster care, or short-term residential treatment center, is being considered for the child or youth, a child and family team meeting as described in Sections 831 and 16501 shall be convened for the purpose of determining the appropriateness of the placement and whether there are any appropriate, less restrictive, and more family-like alternatives.
(3)On or after January 1, 2012, for a nonminor dependent, as defined in subdivision (v) of Section 11400, who is receiving AFDC-FC benefits up to 21 years of age pursuant to Section 11403, in addition to the above requirements, the selection of the placement, including a supervised independent living placement, as described in subdivision (w) of Section 11400, shall also be based upon the developmental needs of young adults by providing opportunities to have incremental responsibilities that prepare a nonminor dependent to transition to independent living. If admission to, or continuation in, a group home placement is being considered for a nonminor dependent, the group home placement approval decision shall include a youth-driven, team-based case planning process, as defined by the department, in consultation with stakeholders. The case plan shall consider the full range of placement options, and shall specify why admission to, or continuation in, a group home placement is the best alternative available at the time to meet the special needs or well-being of the nonminor dependent, and how the placement will contribute to the nonminor dependents transition to independent living. The case plan shall specify the treatment strategies that will be used to prepare the nonminor dependent for discharge to a less restrictive and more familylike setting, including a target date for discharge from the group home placement. The placement shall be reviewed and updated on a regular, periodic basis to ensure that continuation in the group home remains in the best interests of the nonminor dependent and that progress is being made in achieving case plan goals leading to independent living. The group home placement planning process shall begin as soon as it becomes clear to the county welfare department or probation office that a foster child in group home placement is likely to remain in group home placement on his or her 18th birthday, in order to expedite the transition to a less restrictive and more familylike setting if he or she becomes a nonminor dependent. The case planning process shall include informing the youth of all of his or her options, including, but not limited to, admission to or continuation in a group home placement. Consideration for continuation of existing group home placement for a nonminor dependent under 19 years of age may include the need to stay in the same placement in order to complete high school. After a nonminor dependent either completes high school or attains his or her 19th birthday, whichever is earlier, continuation in or admission to a group home is prohibited unless the nonminor dependent satisfies the conditions of paragraph (5) of subdivision (b) of Section 11403, and group home placement functions as a short-term transition to the appropriate system of care. Treatment services provided by the group home placement to the nonminor dependent to alleviate or ameliorate the medical condition, as described in paragraph (5) of subdivision (b) of Section 11403, shall not constitute the sole basis to disqualify a nonminor dependent from the group home placement.
(4)In addition to the requirements of paragraphs (1) to (3), inclusive, and taking into account other statutory considerations regarding placement, the selection of the most appropriate home that will meet the childs special needs and best interests shall also promote educational stability by taking into consideration proximity to the childs school of origin, and school attendance area, the number of school transfers the child has previously experienced, and the childs school matriculation schedule, in addition to other indicators of educational stability that the Legislature hereby encourages the State Department of Social Services and the State Department of Education to develop.
(d)A written case plan shall be completed within a maximum of 60 days of the initial removal of the child or of the in-person response required under subdivision (f) of Section 16501 if the child has not been removed from his or her home, or by the date of the dispositional hearing pursuant to Section 358, whichever occurs first. The case plan shall be updated, as the service needs of the child and family dictate. At a minimum, the case plan shall be updated in conjunction with each status review hearing conducted pursuant to Sections 364, 366, 366.3, and 366.31, and the hearing conducted pursuant to Section 366.26, but no less frequently than once every six months. Each updated case plan shall include a description of the services that have been provided to the child under the plan and an evaluation of the appropriateness and effectiveness of those services.
(1)It is the intent of the Legislature that extending the maximum time available for preparing a written case plan from 30 to 60 days will afford caseworkers time to actively engage families, and to solicit and integrate into the case plan the input of the child and the childs family, as well as the input of relatives and other interested parties.
(2)The extension of the maximum time available for preparing a written case plan from the 30 to 60 days shall be effective 90 days after the date that the department gives counties written notice that necessary changes have been made to the Child Welfare Services Case Management System to account for the 60-day timeframe for preparing a written case plan.
(e)The child welfare services case plan shall be comprehensive enough to meet the juvenile court dependency proceedings requirements pursuant to Article 6 (commencing with Section 300) of Chapter 2 of Part 1 of Division 2.
(f)The case plan shall be developed as follows:
(1)The case plan shall be based upon an assessment of the circumstances that required child welfare services intervention. The child shall be involved in developing the case plan as age and developmentally appropriate.
(2)The case plan shall identify specific goals and the appropriateness of the planned services in meeting those goals.
(3)The case plan shall identify the original allegations of abuse or neglect, as defined in Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the conditions cited as the basis for declaring the child a dependent of the court pursuant to Section 300, or all of these, and the other precipitating incidents that led to child welfare services intervention.
(4)The case plan shall include a description of the schedule of the placement agency contacts with the child and the family or other caretakers. The frequency of these contacts shall be in accordance with regulations adopted by the State Department of Social Services. If the child has been placed in foster care out of state, the county social worker or probation officer, or a social worker or probation officer on the staff of the agency in the state in which the child has been placed, shall visit the child in a foster family home or the home of a relative, consistent with federal law and in accordance with the departments approved state plan. For children in out-of-state group home facilities, visits shall be conducted at least monthly, pursuant to Section 16516.5. At least once every six months, at the time of a regularly scheduled placement agency contact with the foster child, the childs social worker or probation officer shall inform the child of his or her rights as a foster child, as specified in Section 16001.9. The social worker or probation officer shall provide the information to the child in a manner appropriate to the age or developmental level of the child.
(5)(A)When out-of-home services are used, the frequency of contact between the natural parents or legal guardians and the child shall be specified in the case plan. The frequency of those contacts shall reflect overall case goals, and consider other principles outlined in this section.
(B)Information regarding any court-ordered visitation between the child and the natural parents or legal guardians, and the terms and conditions needed to facilitate the visits while protecting the safety of the child, shall be provided to the childs out-of-home caregiver as soon as possible after the court order is made.
(6)When out-of-home placement is made, the case plan shall include provisions for the development and maintenance of sibling relationships as specified in subdivisions (b), (c), and (d) of Section 16002. If appropriate, when siblings who are dependents of the juvenile court are not placed together, the social worker for each child, if different, shall communicate with each of the other social workers and ensure that the childs siblings are informed of significant life events that occur within their extended family. Unless it has been determined that it is inappropriate in a particular case to keep siblings informed of significant life events that occur within the extended family, the social worker shall determine the appropriate means and setting for disclosure of this information to the child commensurate with the childs age and emotional well-being. These significant life events shall include, but shall not be limited to, the following:
(A)The death of an immediate relative.
(B)The birth of a sibling.
(C)Significant changes regarding a dependent child, unless the child objects to the sharing of the information with his or her siblings, including changes in placement, major medical or mental health diagnoses, treatments, or hospitalizations, arrests, and changes in the permanent plan.
(7)If out-of-home placement is made in a foster family home, group home, or other child care institution that is either a substantial distance from the home of the childs parent or out of state, the case plan shall specify the reasons why that placement is in the best interest of the child. When an out-of-state group home placement is recommended or made, the case plan shall, in addition, specify compliance with Section 7911.1 of the Family Code.
(8)Effective January 1, 2010, a case plan shall ensure the educational stability of the child while in foster care and shall include both of the following:
(A)An assurance that the placement takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement.
(B)An assurance that the placement agency has coordinated with the person holding the right to make educational decisions for the child and appropriate local educational agencies to ensure that the child remains in the school in which the child is enrolled at the time of placement or, if remaining in that school is not in the best interests of the child, assurances by the placement agency and the local educational agency to provide immediate and appropriate enrollment in a new school and to provide all of the childs educational records to the new school.
(9)(A)If out-of-home services are used, or if parental rights have been terminated and the case plan is placement for adoption, the case plan shall include a recommendation regarding the appropriateness of unsupervised visitation between the child and any of the childs siblings. This recommendation shall include a statement regarding the childs and the siblings willingness to participate in unsupervised visitation. If the case plan includes a recommendation for unsupervised sibling visitation, the plan shall also note that information necessary to accomplish this visitation has been provided to the child or to the childs siblings.
(B)Information regarding the schedule and frequency of the visits between the child and siblings, as well as any court-ordered terms and conditions needed to facilitate the visits while protecting the safety of the child, shall be provided to the childs out-of-home caregiver as soon as possible after the court order is made.
(10)If out-of-home services are used and the goal is reunification, the case plan shall describe the services to be provided to assist in reunification and the services to be provided concurrently to achieve legal permanency if efforts to reunify fail. The plan shall also consider in-state and out-of-state placements, the importance of developing and maintaining sibling relationships pursuant to Section 16002, and the desire and willingness of the caregiver to provide legal permanency for the child if reunification is unsuccessful.
(11)If out-of-home services are used, the child has been in care for at least 12 months, and the goal is not adoptive placement, the case plan shall include documentation of the compelling reason or reasons why termination of parental rights is not in the childs best interest. A determination completed or updated within the past 12 months by the department when it is acting as an adoption agency or by a licensed adoption agency that it is unlikely that the child will be adopted, or that one of the conditions described in paragraph (1) of subdivision (c) of Section 366.26 applies, shall be deemed a compelling reason.
(12)(A)Parents and legal guardians shall have an opportunity to review the case plan, and to sign it whenever possible, and then shall receive a copy of the plan. In a voluntary service or placement agreement, the parents or legal guardians shall be required to review and sign the case plan. Whenever possible, parents and legal guardians shall participate in the development of the case plan. Commencing January 1, 2012, for nonminor dependents, as defined in subdivision (v) of Section 11400, who are receiving AFDC-FC or CalWORKs assistance up to 21 years of age pursuant to Section 11403, the transitional independent living case plan, as set forth in subdivision (y) of Section 11400, shall be developed with, and signed by, the nonminor.
(B)Parents and legal guardians shall be advised that, pursuant to Section 1228.1 of the Evidence Code, neither their signature on the child welfare services case plan nor their acceptance of any services prescribed in the child welfare services case plan shall constitute an admission of guilt or be used as evidence against the parent or legal guardian in a court of law. However, they shall also be advised that the parents or guardians failure to cooperate, except for good cause, in the provision of services specified in the child welfare services case plan may be used in any hearing held pursuant to Section 366.21, 366.22, or 366.25 as evidence.
(13)A child shall be given a meaningful opportunity to participate in the development of the case plan and state his or her preference for foster care placement. A child who is 12 years of age or older and in a permanent placement shall also be given the opportunity to review the case plan, sign the case plan, and receive a copy of the case plan.
(14)The case plan shall be included in the court report and shall be considered by the court at the initial hearing and each review hearing. Modifications to the case plan made during the period between review hearings need not be approved by the court if the casework supervisor for that case determines that the modifications further the goals of the plan. If out-of-home services are used with the goal of family reunification, the case plan shall consider and describe the application of subdivision (b) of Section 11203.
(15)If the case plan has as its goal for the child a permanent plan of adoption or placement in another permanent home, it shall include a statement of the childs wishes regarding their permanent placement plan and an assessment of those stated wishes. The agency shall also include documentation of the steps the agency is taking to find an adoptive family or other permanent living arrangements for the child; to place the child with an adoptive family, an appropriate and willing relative, a legal guardian, or in another planned permanent living arrangement; and to finalize the adoption or legal guardianship. At a minimum, the documentation shall include child-specific recruitment efforts, such as the use of state, regional, and national adoption exchanges, including electronic exchange systems, when the child has been freed for adoption. If the plan is for kinship guardianship, the case plan shall document how the child meets the kinship guardianship eligibility requirements.
(16)(A)When appropriate, for a child who is 16 years of age or older and, commencing January 1, 2012, for a nonminor dependent, the case plan shall include the transitional independent living plan (TILP), a written description of the programs and services that will help the child, consistent with the childs best interests, to prepare for the transition from foster care to independent living, and, in addition, whether the youth has an in-progress application pending for Title XVI Supplemental Security Income benefits or for Special Immigrant Juvenile Status or other applicable application for legal residency and an active dependency case is required for that application. When appropriate, for a nonminor dependent, the transitional independent living case plan, as described in subdivision (v) of Section 11400, shall include the TILP, a written description of the programs and services that will help the nonminor dependent, consistent with his or her best interests, to prepare for transition from foster care and assist the youth in meeting the eligibility criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) Section 11403. If applicable, the case plan shall describe the individualized supervision provided in the supervised independent living placement as defined in subdivision (w) of Section 11400. The case plan shall be developed with the child or nonminor dependent and individuals identified as important to the child or nonminor dependent, and shall include steps the agency is taking to ensure that the child or nonminor dependent achieves permanence, including maintaining or obtaining permanent connections to caring and committed adults.
(B)During the 90-day period prior to the participant attaining 18 years of age or older as the state may elect under Section 475(8)(B)(iii) of the federal Social Security Act (42 U.S.C. Sec. 675(8)(B)(iii)), whether during that period foster care maintenance payments are being made on the childs behalf or the child is receiving benefits or services under Section 477 of the federal Social Security Act (42 U.S.C. Sec. 677), a caseworker or other appropriate agency staff or probation officer and other representatives of the participant, as appropriate, shall provide the youth or nonminor with assistance and support in developing the written 90-day transition plan, that is personalized at the direction of the child, information as detailed as the participant elects that shall include, but not be limited to, options regarding housing, health insurance, education, local opportunities for mentors and continuing support services, and workforce supports and employment services, a power of attorney for health care, and information regarding the advance health care directive form.
(C)For youth 16 years of age or older, the case plan shall include documentation that a consumer credit report was requested annually from each of the three major credit reporting agencies at no charge to the youth and that any results were provided to the youth. For nonminor dependents, the case plan shall include documentation that the county assisted the nonminor dependent in obtaining his or her reports. The case plan shall include documentation of barriers, if any, to obtaining the credit reports. If the consumer credit report reveals any accounts, the case plan shall detail how the county ensured the youth received assistance with interpreting the credit report and resolving any inaccuracies, including any referrals made for the assistance.
(g)If the court finds, after considering the case plan, that unsupervised sibling visitation is appropriate and has been consented to, the court shall order that the child or the childs siblings, the childs current caregiver, and the childs prospective adoptive parents, if applicable, be provided with information necessary to accomplish this visitation. This section does not require or prohibit the social workers facilitation, transportation, or supervision of visits between the child and his or her siblings.
(h)The case plan documentation on sibling placements required under this section shall not require modification of existing case plan forms until the Child Welfare Services Case Management System is implemented on a statewide basis.
(i)When a child is 10 years of age or older and has been in out-of-home placement for six months or longer, the case plan shall include an identification of individuals, other than the childs siblings, who are important to the child and actions necessary to maintain the childs relationship with those individuals, provided that those relationships are in the best interest of the child. The social worker or probation officer shall ask every child who is 10 years of age or older and who has been in out-of-home placement for six months or longer to identify individuals other than the childs siblings who are important to the child, and may ask any other child to provide that information, as appropriate. The social worker or probation officer shall make efforts to identify other individuals who are important to the child, consistent with the childs best interests.
(j)The childs caregiver shall be provided a copy of a plan outlining the childs needs and services. The nonminor dependents caregiver shall be provided with a copy of the nonminors TILP.
(k)On or before June 30, 2008, the department, in consultation with the County Welfare Directors Association of California and other advocates, shall develop a comprehensive plan to ensure that 90 percent of foster children are visited by their caseworkers on a monthly basis by October 1, 2011, and that the majority of the visits occur in the residence of the child. The plan shall include any data reporting requirements necessary to comply with the provisions of the federal Child and Family Services Improvement Act of 2006 (Public Law 109-288).
(l)The implementation and operation of the amendments to subdivision (i) enacted at the 200506 Regular Session shall be subject to appropriation through the budget process and by phase, as provided in Section 366.35.
SEC. 80.Section 16519.5 of the Welfare and Institutions Code is amended to read:16519.5.(a)The State Department of Social Services, in consultation with county child welfare agencies, foster parent associations, and other interested community parties, shall implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, approving relatives and nonrelative extended family members as foster care providers, and approving adoptive families.
(b)(1)Counties shall be selected to participate on a voluntary basis as early implementation counties for the purpose of participating in the initial development of the approval process. Early implementation counties shall be selected according to criteria developed by the department in consultation with the County Welfare Directors Association. In selecting the five early implementation counties, the department shall promote diversity among the participating counties in terms of size and geographic location.
(2)Additional counties may participate in the early implementation of the program upon authorization by the department.
(c)(1)For the purposes of this section chapter, resource family means an individual or couple that a participating county or foster family agency determines to have successfully met both the home approval standards and the permanency assessment criteria adopted pursuant to subdivision (d) necessary for providing care for a related or unrelated child who is under the jurisdiction of the juvenile court, or otherwise in the care of a county child welfare agency or probation department. A resource family shall demonstrate all of the following:
(A)An understanding of the safety, permanence, and well-being needs of children who have been victims of child abuse and neglect, and the capacity and willingness to meet those needs, including the need for protection, and the willingness to make use of support resources offered by the agency, or a support structure in place, or both.
(B)An understanding of childrens 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 childs case plan.
(D)The financial ability within the household to ensure the stability and financial security of the family.
(E)An ability and willingness to maintain the least restrictive and most familylike environment that serves the needs of the child.
(2)Subsequent to meeting the criteria set forth in this subdivision and designation as a resource family, a resource family shall be considered eligible to provide foster care for related and unrelated children in out-of-home placement, shall be considered approved for adoption or guardianship, and shall not have to undergo any additional approval or licensure as long as the family lives in a county participating in the program.
(3)Resource family assessment and approval means that the applicant meets the standard for home approval, and has successfully completed a permanency assessment. This approval is in lieu of the existing foster care license, relative or nonrelative extended family member approval, and the adoption home study approval.
(4)Approval of a resource family does not guarantee an initial or continued placement of a child with a resource family.
(d)Prior to implementation of this program, the department shall adopt standards pertaining to home approval and permanency assessment of a resource family.
(1)Resource family home approval standards shall include, but not be limited to, all of the following:
(A)(i)Criminal records clearance of all adults residing in the home, pursuant to Section 8712 of the Family Code, utilizing a check of the Child Abuse Central Index (CACI), a check of the Child Welfare Services/Case Management System (CWS/CMS), and receipt of a fingerprint-based state and federal criminal offender record information search response . The criminal history information shall include subsequent state and federal arrest and disposition notifications pursuant to Section 11105.2 of the Penal Code.
(ii)Consideration of any substantiated allegations of child abuse or neglect against either the applicant or any other adult residing in the home. An approval may not be granted to applicants whose criminal record indicates a conviction for any of the offenses specified in subdivision (g) of Section 1522 of the Health and Safety Code.
(iii)Exemptions from the criminal records clearance requirements set forth in this section may be granted by the director or the early implementation county, if that county has been granted permission by the director to issue criminal records exemptions pursuant to Section 361.4, using the exemption criteria currently used for foster care licensing as specified in subdivision (g) of Section 1522 of the Health and Safety Code.
(B)Buildings and grounds and storage requirements set forth in Sections 89387 and 89387.2 of Title 22 of the California Code of Regulations.
(C)In addition to the foregoing requirements, the resource family home approval standards shall also require the following:
(i)That the applicant demonstrate an understanding about the rights of children in care and his or her responsibility to safeguard those rights.
(ii)That the total number of children residing in the home of a resource family shall be no more than the total number of children the resource family can properly care for, regardless of status, and shall not exceed six children, unless exceptional circumstances that are documented in the foster childs case file exist to permit a resource family to care for more children, including, but not limited to, the need to place siblings together.
(iii)That the applicant understands his or her responsibilities with respect to acting as a reasonable and prudent parent, and maintaining the least restrictive and most familylike environment that serves the needs of the child.
(D)The results of a caregiver risk assessment are consistent with the factors listed in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (c). A caregiver risk assessment shall include, but not be limited to, physical and mental health, alcohol and other substance use and abuse, and family and domestic violence.
(2)The resource family permanency assessment standards shall include, but not be limited to, all of the following:
(A)The applicant shall complete caregiver training.
(B)The applicant shall complete a psychosocial evaluation.
(C)The applicant shall complete any other activities that relate to a resource familys ability to achieve permanency with the child.
(e)(1)A child may be placed with a resource family that has received home approval prior to completion of a permanency assessment only if a compelling reason for the placement exists based on the needs of the child.
(2)The permanency assessment shall be completed within 90 days of the childs placement in the approved home, unless good cause exists based upon the needs of the child.
(3)If additional time is needed to complete the permanency assessment, the county shall document the extenuating circumstances for the delay and generate a timeframe for the completion of the permanency assessment.
(4)The county shall report to the department on a quarterly basis the number of families with a child in an approved home whose permanency assessment goes beyond 90 days and summarize the reasons for these delays.
(5)A child may be placed with a relative, as defined in Section 319, or nonrelative extended family member, as defined in Section 362.7, prior to home approval and completion of the permanency assessment only on an emergency basis if all of the following requirements are met:
(A)Consideration of the results of a criminal records check conducted pursuant to Section 16504.5 of the relative or nonrelative extended family member and of every other adult in the home.
(B)Consideration of the results of the Child Abuse Central Index (CACI) consistent with Section 1522.1 of the Health and Safety Code of the relative or nonrelative extended family member, and of every other adult in the home.
(C)The home and grounds are free of conditions that pose undue risk to the health and safety of the child.
(D)For any placement made pursuant to this paragraph, the county shall initiate the home approval process no later than five business days after the placement, which shall include a face-to-face interview with the resource family applicant and child.
(E)For any placement made pursuant to this paragraph, AFDC-FC funding shall not be available until the home has been approved.
(F)Any child placed under this section shall be afforded all the rights set forth in Section 16001.9.
(f)The State Department of Social Services shall be responsible for all of the following:
(1)Selecting early implementation counties, based on criteria established by the department in consultation with the County Welfare Directors Association.
(2)Establishing timeframes for participating counties to submit an implementation plan, enter into terms and conditions for participation in the program, train appropriate staff, and accept applications from resource families.
(3)Entering into terms and conditions for participation in the program by counties.
(4)Administering the early implementation of the program through the issuance of written directives that shall have the same force and effect as regulations. Any directive affecting Article 1 (commencing with Section 700) of Chapter 7 of Title 11 of the California Code of Regulations shall be approved by the Department of Justice. The directives shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340)) of Part 1 of Division 3 of Title 2 of the Government Code.
(5)Approving and requiring the use of a single standard for resource family home approval and permanency assessment.
(6)Adopting and requiring the use of standardized documentation for the home approval and permanency assessment of resource families.
(7)Requiring counties to monitor resource families including, but not limited to, all of the following:
(A)Investigating complaints of resource families.
(B)Developing and monitoring resource family corrective action plans to correct identified deficiencies and to rescind resource family approval if compliance with corrective action plans is not achieved.
(8)Ongoing oversight and monitoring of county systems and operations including all of the following:
(A)Reviewing the countys implementation of the program.
(B)Reviewing an adequate number of approved resource families in each participating county to ensure that approval standards are being properly applied. The review shall include case file documentation, and may include onsite inspection of individual resource families. The review shall occur on an annual basis, and more frequently if the department becomes aware that a participating county is experiencing a disproportionate number of complaints against individual resource family homes.
(C)Reviewing county reports of serious complaints and incidents involving approved resource families, as determined necessary by the department. The department may conduct an independent review of the complaint or incident and change the findings depending on the results of its investigation.
(D)Investigating unresolved complaints against participating counties.
(E)Requiring corrective action of counties that are not in full compliance with the terms and conditions of the program.
(9)Preparing or having prepared, and submitting to the Legislature, a report on the results of the initial phase of implementation of the program. The report shall include all of the following:
(A)An analysis, utilizing available data, of state and federal data indicators related to the length of time to permanency including reunification, guardianship and adoption, child safety factors, and placement stability.
(B)An analysis of resource family recruitment and retention elements, including resource family satisfaction with approval processes and changes regarding the population of available resource families.
(C)An analysis of cost, utilizing available data, including funding sources.
(D)An analysis of regulatory or statutory barriers to implementing the program on a statewide basis.
(g)Counties participating in the program shall be responsible for all of the following:
(1)Submitting an implementation plan, entering into terms and conditions for participation in the program, consulting with the county probation department in the development of the implementation plan, training appropriate staff, and accepting applications from resource families within the timeframes established by the department.
(2)Complying with the written directives pursuant to paragraph (4) of subdivision (f).
(3)Implementing the requirements for resource family home approval and permanency assessment and utilizing standardized documentation established by the department.
(4)(A)Ensuring staff have the education and experience necessary to complete the home approval and permanency assessment competently.
(B)A county may contract with a licensed adoption agency to complete the permanency assessment. A permanency assessment completed by a licensed adoption agency shall be reviewed and approved by the county.
(5)Approving and denying resource family applications, including all of the following:
(A)Rescinding home approvals and resource family approvals where appropriate, consistent with the established standard.
(B)Providing an applicant and disapproved resource family requesting review of that decision with due process pursuant to the departments regulations.
(C)Notifying the department of any decisions denying a resource familys application or rescinding the approval of a resource family.
(6)Updating resource family approval annually.
(7)Monitoring resource families through all of the following:
(A)Ensuring that social workers who identify a condition in the home that may not meet the approval standards set forth in subdivision (d) while in the course of a routine visit to children placed with a resource family take appropriate action as needed.
(B)Requiring resource families to comply with corrective action plans as necessary to correct identified deficiencies. If corrective action is not completed as specified in the plan, the county may rescind the resource family approval.
(C)Requiring resource families to report to the county child welfare agency any incidents consistent with the reporting requirements for licensed foster family homes.
(8)Investigating all complaints against a resource family and taking action as necessary. This shall include investigating any incidents reported about a resource family indicating that the approval standard is not being maintained.
(A)The childs social worker shall not conduct the formal investigation into the complaint received concerning a family providing services under the standards required by subdivision (d). To the extent that adequate resources are available, complaints shall be investigated by a worker who did not initially perform the home approval or permanency assessment.
(B)Upon conclusion of the complaint investigation, the final disposition shall be reviewed and approved by a supervising staff member.
(C)The department shall be notified of any serious incidents or serious complaints or any incident that falls within the definition of Section 11165.5 of the Penal Code. If those incidents or complaints result in an investigation, the department shall also be notified as to the status and disposition of that investigation.
(9)Performing corrective action as required by the department.
(10)Assessing county performance in related areas of the California Child and Family Services Review System, and remedying problems identified.
(11)Submitting information and data that the department determines is necessary to study, monitor, and prepare the report specified in paragraph (9) of subdivision (f).
(12)Ensuring that resource families have the necessary knowledge, skills, and abilities to support children in foster care by completing caregiver training. The training should include a curriculum that supports the role of a resource family in parenting vulnerable children and should be ongoing in order to provide resource families with information on new practices and changes within the foster care system.
(13)Ensuring that a resource family applicant completes a minimum number of training hours, as prescribed. The training shall include, but not be limited to, all of the following training courses:
(A)An overview of the child protective system.
(B)The effects of child abuse and neglect on child development.
(C)Positive discipline and the importance of self-esteem.
(D)Health issues in foster care, including the administration of psychotropic and other medications.
(E)Accessing education and health services available to foster children.
(F)The rights of a child in foster care, and the foster parents responsibility to safeguard those rights, including the right to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(G)Cultural needs of children, including instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(H)Basic instruction on existing laws and procedures regarding the safety of foster youth at school; and ensuring a harassment and violence free school environment pursuant to the California Student Safety and Violence Prevention Act of 2000 (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).
(I)Permanence and well-being needs of children.
(J)Child and adolescent development.
(K)The role of foster parents, including working cooperatively with the child welfare agency, the childs family, and other service providers implementing the case plan.
(L)A foster parents responsibility to act as a reasonable and prudent parent; and to maintain the least restrictive, most family-like environment that serves the needs of the child.
(14)Ensuring approved resource families complete a minimum number of training hours annually, as prescribed. The annual training shall include, but not be limited to, all of the following training courses:
(A)Age-appropriate child development.
(B)Health issues in foster care, including the administration of psychotropic and other medications.
(C)Positive discipline and the importance of self-esteem.
(D)Emancipation and independent living skills if a foster parent is caring for youth.
(E)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(F)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(h)(1)Approved relatives and nonrelative extended family members, licensed foster family homes, or approved adoptive homes that have completed the license or approval process prior to full implementation of the program shall not be considered part of the program. The otherwise applicable assessment and oversight processes shall continue to be administered for families and facilities not included in the program.
(2) Upon implementation of the program in a county, that county may not accept new applications for the licensure of foster family homes, the approval of relative and nonrelative extended family members, or the approval of prospective adoptive homes.
(i)The department may waive regulations that pose a barrier to implementation and operation of this program. The waiver of any regulations by the department pursuant to this section shall apply to only those counties or foster family agencies participating in the program and only for the duration of the program.
(j)Resource families approved under initial implementation of the program, who move within an early implementation county or who move to another early implementation county, shall retain their resource family status if the new building and grounds, outdoor activity areas, and storage areas meet home approval standards. The State Department of Social Services or early implementation county may allow a program-affiliated individual to transfer his or her subsequent arrest notification if the individual moves from one early implementation county to another early implementation county, as specified in subdivision (h) of Section 1522 of the Health and Safety Code.
(k)(1)The approval of a resource family who moves to a nonparticipating county remains in full force and effect pending a determination by the county approval agency or the department, as appropriate, whether the new building and grounds and storage areas meet applicable standards, and whether all adults residing in the home have a criminal records clearance or exemptions granted, using the exemption criteria used for foster care licensing, as specified in subdivision (g) of Section 1522 of the Health and Safety Code. Upon this determination, the nonparticipating county shall either approve the family as a relative or nonrelative extended family member, as applicable, or the department shall license the family as a foster family home.
(2)Subject to the requirements in paragraph (1), the family shall continue to be approved for guardianship and adoption. Nothing in this subdivision shall limit a county or adoption agency from determining that the family is not approved for guardianship or adoption based on changes in the familys circumstances or permanency assessment.
(3)A program-affiliated individual who moves to a nonparticipating county may not transfer his or her subsequent arrest notification from a participating county to the nonparticipating county.
(l)Implementation of the program shall be contingent upon the continued availability of federal Social Security Act Title IV-E (42 U.S.C. Sec. 670) funds for costs associated with placement of children with resource families assessed and approved under the program.
(m)A child placed with a resource family shall be eligible for AFDC-FC payments. A resource family, or a foster family agency pursuant to subdivisions (q) and (r), shall be paid an AFDC-FC rate pursuant to Sections 11460 and, 11461, and 11463. Sharing ratios for nonfederal expenditures for all costs associated with activities related to the approval of relatives and nonrelative extended family members shall be in accordance with Section 10101.
(n)The Department of Justice shall charge fees sufficient to cover the cost of initial or subsequent criminal offender record information and Child Abuse Central Index searches, processing, or responses, as specified in this section.
(o)Approved resource families under this program shall be exempt from all of the following:
(1)Licensure requirements set forth under the Community Care Facilities Act, commencing with Section 1500 of the Health and Safety Code, and all regulations promulgated thereto.
(2)Relative and nonrelative extended family member approval requirements set forth under Sections 309, 361.4, and 362.7, and all regulations promulgated thereto.
(3)Adoptions approval and reporting requirements set forth under Section 8712 of the Family Code, and all regulations promulgated thereto.
(p)Early implementation counties shall be authorized to continue through the end of the 201617 fiscal year, or through the end of the third full fiscal year following the date that counties commence implementation, whichever of these dates is later. The program is authorized in all counties effective July 1, 2017. The program shall be implemented by each county on or before July 1, 2019.
(q)Notwithstanding any other law, on and after July 1, 2017, a licensed foster family agency shall require a certified family home applicant to meet the resource family approval standards and requirements set forth in this article chapter and in the written directives adopted pursuant to paragraph (4) of subdivision (f), prior to certification approval.
(r)No later than July 1, 2017, the department may establish participation conditions, and select and authorize a foster family agency that voluntarily submits an implementation plan and revised plan of operation in accordance with requirements established by the department, to approve resource families in lieu of certifying foster homes.
(1)Except for subdivision (g), a participating foster family agency shall comply with the resource family approval standards set forth in this chapter and in the written directives issued pursuant to paragraph (4) of subdivision (f).
(2)Notwithstanding any other law, the department shall enforce the resource family approval standards and requirements set forth in this chapter and in the written directives issued pursuant to paragraph (4) of subdivision (f) against a participating foster family agency. In the event of any conflict with the Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code), this section shall be controlling. This subdivision does not impose any new responsibilities upon the counties as described in subdivision (g).
(3)Nothing in this subdivision shall limit the departments authority to take administrative action against a foster family agency or a certified family home of a foster family agency. For purposes of Article 5 of Chapter 3 of Division 2 of the Health and Safety Code, a certified family home includes a resource family approved by a foster family agency pursuant to this subdivision.
(4)The department may adjust the foster family agency AFDC-FC rate pursuant to Section 11463 for implementation of this subdivision.
SEC. 81.Section 16519.52 is added to the Welfare and Institutions Code, to read:16519.52.(a)A resource family may install and use delayed egress devices of the time delay type in the home of the resource family.
(b)As used in this section, delayed egress device means a device that precludes the use of exits for a predetermined period of time. These devices shall not delay any residents departure from the home for longer than 30 seconds.
(c)Within the 30 seconds of delay, a resource family may attempt to redirect a resident who attempts to leave the home.
(d)Any person accepted by a resource family using delayed egress devices in the home shall meet all of the following conditions:
(1)The person shall have a developmental disability, as defined in Section 4512.
(2)The person shall be receiving services and case management from a regional center under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)).
(3)An interdisciplinary team, through the Individual Program Plan (IPP) process pursuant to Section 4646.5, shall have determined that the person lacks hazard awareness or impulse control and requires the level of supervision afforded by a resource family in a home equipped with delayed egress devices, and that, but for this placement, the person would be at risk of admission to, or would have no option but to remain in, a more restrictive state hospital or state developmental center placement.
(e)The home shall be subject to all fire and building codes, regulations, and standards applicable to residential care facilities for the elderly utilizing delayed egress devices, and shall receive approval by the county or city fire department, the local fire prevention district, or the State Fire Marshal for the installed delayed egress devices.
(f)The resource family shall provide training regarding the use and operation of the egress control devices used by any person caring for a resident, protection of residents personal rights, lack of hazard awareness and impulse control behavior, and emergency evacuation procedures.
(g)The resource family shall develop a plan of operation that is authorized by the approving county and includes a description of how the home is to be equipped with egress control devices that are consistent with regulations adopted by the State Fire Marshal pursuant to Section 13143 of the Health and Safety Code.
(h)The plan shall include, but shall not be limited to, all of the following:
(1)A description of how the resource family will provide training for persons caring for a resident regarding the use and operation of the egress control devices used in the home.
(2)A description of how the resource family will ensure the protection of the residents personal rights consistent with Sections 4502, 4503, and 4504.
(3)A description of how the resource family will manage the persons lack of hazard awareness and impulse control behavior.
(4)A description of the resource familys emergency evacuation procedures.
(i)Delayed egress devices shall not substitute for adequate supervision. The capacity of the home shall not exceed six residents.
(j)Emergency fire and earthquake drills shall be conducted at least once every three months, and shall include all persons providing resident care and supervision.
SEC. 82.Section 16519.53 is added to the Welfare and Institutions Code, to read:16519.53.(a)A resource family shall be authorized to administer emergency medical assistance and injections for severe diabetic hypoglycemia and anaphylactic shock to a foster child in placement in accordance with subdivision (a) of Section 1507.25 of the Health and Safety Code.
(b)A resource family shall be authorized to administer subcutaneous injections of other medications, including insulin, as prescribed by a childs physician, to a foster child in placement in accordance with subdivision (b) of Section 1507.25 of the Health and Safety Code.
SEC. 83.Section 16519.54 is added to the Welfare and Institutions Code, to read:16519.54.Notwithstanding any other law, a resource family shall not be subject to civil penalties imposed pursuant to the Community Care Facilities Care Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code).
SEC. 84.Section 16519.55 is added to the Welfare and Institutions Code, to read:16519.55.(a)Subject to subdivision (b), to encourage the recruitment of resource families, to protect their personal privacy, and to preserve the security of confidentiality of the placements with resource families, the names, addresses, and other identifying information of resource families shall be considered personal information for purposes of the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). This information shall not be disclosed by any state or local agency pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), except as necessary for administering the resource family approval program, facilitating the placement of children with resource families, and providing names and addresses only to bona fide professional foster parent organizations upon request.
(b)The department, a county, or a foster family agency may request information from, or divulge information to, the department, a county, or a foster family agency, regarding a prospective resource family for the purpose of and as necessary to conduct a reference check to determine whether it is safe and appropriate to approve an applicant to be a resource family.
SEC. 85.Section 18251 of the Welfare and Institutions Code is amended to read:18251.As used in this chapter:
(a)County means each county participating in an individualized or wraparound services program.
(b)County placing agency means a county welfare or probation department, or a county mental health department.
(c)Eligible child means a child or nonminor dependent, as described in subdivision (v) of Section 11400, who is any of the following:
(1)A child or nonminor dependent who has been adjudicated as either a dependent, transition dependent, or ward of the juvenile court pursuant to Section 300, 450, 601, or 602 and who would be placed in a group home licensed by the department at a rate classification level of 10 or higher, or commencing January 1, 2017, would be placed in a short-term residential treatment center.
(2)A child or nonminor dependent who is currently, or who would be, placed in a group home licensed by the department at a rate classification level of 10 or higher, or commencing January 1, 2017, would be placed in a short-term residential treatment center.
(3)A child who is eligible for adoption assistance program benefits when the responsible public agency has approved the provision of wraparound services in lieu of out-of-home placement care at a rate classification level of 10 or higher, or commencing January 1, 2017, would be placed in a short-term residential treatment center.
(d)Wraparound services means community-based intervention services that emphasize the strengths of the child and family and includes the delivery of coordinated, highly individualized unconditional services to address needs and achieve positive outcomes in their lives.
(e)Service allocation slot means a specified amount of funds available to the county to pay for an individualized intensive wraparound services package for an eligible child. A service allocation slot may be used for more than one child on a successive basis.
SEC. 86.Section 18254 of the Welfare and Institutions Code is amended to read:18254.(a)Rates for wraparound services, under the wraparound services program, shall be based on the following factors:
(1)The average cost of rate classification 10 to 11 in each county, minus the cost of any concurrent out-of-home placement, for children who are or would be placed in a rate level 10 or 11 group home.
(2)The average cost of rate classification 12 to 14 in each county, minus the cost of any concurrent out-of-home placement, for children who are or would be placed in a rate level 12 to 14 group home.
(b)(1)Prior to the 201112 fiscal year, the department shall reimburse each county, for the purpose of providing intensive wraparound services, up to 100 percent of the state share of nonfederal funds, to be matched by each countys share of cost as established by law, and to the extent permitted by federal law, up to 100 percent of the federal funds allocated for group home placements of eligible children, at the rate authorized pursuant to subdivision (a).
(2)Beginning in the 201112 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
(c)County, and to the extent permitted by federal law, federal, foster care funds shall remain with the administrative authority of the county, which may enter into an interagency agreement to transfer those funds, and shall be used to provide intensive wraparound services.
(d)Costs for the provision of benefits to eligible children, at rates authorized by subdivision (a), through the wraparound services program authorized by this chapter, shall not exceed the costs which would otherwise have been incurred had the eligible children been placed in a group home.
(e)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 87.Section 18254 is added to the Welfare and Institutions Code, to read:18254.(a)Commencing January 1, 2017, the rate for wraparound services, under the wraparound services program, shall be eight thousand five hundred seventy-three dollars ($8,573), based on the average cost of rate classification levels 10.5 and 13 in effect for the 201415 fiscal year.
(1)The rate was determined by using the existing rates determined for the 201415 fiscal year for rate classification levels 10.5 and 13.
(A)Combining and calculating the average of the two.
(B)Minus the cost of any concurrent out-of-home placement for children who are or would be placed in a rate classification level 10 to 11 and 12 to 14 group home, respectively.
(b)For each fiscal year, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
(c)County and federal foster care funds, to the extent permitted by federal law, shall remain with the administrative authority of the county, which may enter into an interagency agreement to transfer those funds, and shall be used to provide intensive wraparound services.
(d)Costs for the provision of benefits to eligible children, at rates authorized by subdivision (a), through the wraparound services program authorized by this chapter, shall not exceed the costs that otherwise would have been incurred had the eligible children been placed in a short-term residential treatment center.
(e)Commencing January 1, 2018, and each January 1 thereafter, an annual cost-of-living increase shall be applied to the wraparound rate, subject to the availability of county funds, equal to the California Necessities Index used in the preparation of the May Revision for the current fiscal year. This adjustment is not a reimbursable mandate pursuant to Section 30026.5 of the Government Code.
SEC. 88.(a)The State Department of Social Services and the State Department of Health Care Services shall adopt regulations as required to implement the provisions of this act.
(b)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the departments identified in subdivision (a) may implement and administer the changes made by this legislation through all-county letters or similar written instructions until regulations are adopted.
SEC. 89.The Legislature finds and declares that Section 85 of this act, which adds Section 16519.55 to the Welfare and Institutions Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to encourage the recruitment of resource families, to protect their personal privacy, and to preserve the security of confidentiality of the placements with resource families, it is necessary that the names, addresses, and other identifying information of resource families not be disclosed by any state or local agency pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), except as necessary for administering the resource family approval program, facilitating the placement of children with resource families, and providing names and addresses only to bona fide professional foster parent organizations upon request.
SEC. 90.Except as required by Section 36 of Article XIII of the California Constitution, no reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs because, in that regard, this act implements a federal law or regulation and results in costs mandated by the federal government, within the meaning of Section 17556 of the Government Code.
No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
With regard to other costs, to the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state nor otherwise be subject to Section 6 of Article XIII B of the California Constitution.
SECTION 1.It is the intent of the Legislature to enact legislation that would reform the continuum of care for youth in foster care in the areas of placement setting, accreditation, temporary transition strategies, foster family agency licensure, provision of core services, residential treatment service provisions, residential treatment center employment requirements, rates, program auditing, and performance measures and transparency.
It is the intent of the Legislature to enact legislation that would reform the continuum of care for youth in foster care in the areas of placement setting, accreditation, temporary transition strategies, foster family agency licensure, provision of core services, residential treatment service provisions, residential treatment center employment requirements, rates, program auditing, and performance measures and transparency.
|
Date
|
Status
|
|---|---|
| Sep 10, 2015 | In Assembly. Concurrence in Senate amendments pending. |
| Jul 7, 2015 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HUMAN S. |
| Jul 16, 2015 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (July 14). |
| Jul 16, 2015 | Read second time and amended. Re-referred to Com. on APPR. |
| Aug 17, 2015 | In committee: Referred to APPR. suspense file. |
| Aug 31, 2015 | From committee: Amend, and do pass as amended. (Ayes 6. Noes 0.) (August 27). |
| Sep 1, 2015 | Read second time and amended. Ordered to third reading. |
| Sep 4, 2015 | Read third time and amended. Ordered to second reading. |
| Sep 8, 2015 | Read second time. Ordered to third reading. |
| Jun 18, 2015 | Referred to Com. on HUMAN S. |
| Sep 10, 2015 | Read third time. Passed. Ordered to the Assembly. |
| Sep 10, 2015 | Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2700.). |
| Sep 11, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Sep 11, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 3132.). |
| Sep 11, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0.). |
| Sep 23, 2015 | Enrolled and presented to the Governor at 4 p.m. |
| Oct 11, 2015 | Approved by the Governor. |
| Oct 11, 2015 | Chaptered by Secretary of State - Chapter 773, Statutes of 2015. |
| May 28, 2015 | Joint Rule 62(a), file notice suspended. |
| Feb 20, 2015 | From printer. May be heard in committee March 22. |
| Mar 26, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on HUM. S. Read second time and amended. |
| Mar 26, 2015 | Referred to Com. on HUM. S. |
| Apr 6, 2015 | Re-referred to Com. on HUM. S. |
| Apr 21, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on HUM. S. Read second time and amended. |
| Apr 22, 2015 | Re-referred to Com. on HUM. S. |
| Apr 29, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 28). Re-referred to Com. on APPR. |
| May 27, 2015 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Feb 19, 2015 | Read first time. To print. |
| May 28, 2015 | Joint Rule 62(a), file notice suspended. (Page 1613.) |
| Jun 1, 2015 | From committee: Amend, and do pass as amended. (Ayes 17. Noes 0.) (May 28). |
| Jun 1, 2015 | Read second time and amended. Ordered returned to second reading. |
| Jun 2, 2015 | Read second time. Ordered to third reading. |
| Jun 3, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Jun 3, 2015 | Read third time. Passed. Ordered to the Senate. |
| Jun 3, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 79. Noes 0. Page 1887.) |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 11, 2015 | AB 403 STONE Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 10, 2015 | Assembly 3rd Reading AB403 Mark Stone By McGuire | Senate Floor |
Passed |
|
| Aug 27, 2015 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 17, 2015 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 14, 2015 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Human Services |
Passed |
|
| Jun 3, 2015 | AB 403 STONE Assembly Third Reading | Assembly Floor |
Passed |
|
| May 28, 2015 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 28, 2015 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Human Services |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Beta Foster Care | ** Against | Aug 17, 2015 |
| California Alliance Of Child And Family Services | ** Support | Aug 17, 2015 |
| California Department of Social Services | ** Support | Aug 17, 2015 |
| California State Association Of Counties | ** Support | Aug 17, 2015 |
| County Behavioral Health Directors Association of California | ** Support | Aug 17, 2015 |
| County of Yolo, Board of Supervisors | ** Support | Aug 17, 2015 |
| County Welfare Directors Association of California | ** Support | Aug 17, 2015 |
| Orange County Board of Supervisors | ** Against | Aug 17, 2015 |
| Youth Law Center | ** Support | Aug 17, 2015 |
AB 403
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Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 403
Author: Mark Stone (D), et al.
Amended: 9/1/15 in Senate
SENATE HUMAN SERVICES COMMITTEE: 5-0, 7/14/15
AYES: McGuire, Berryhill, Hancock, Liu, Nguyen
SENATE APPROPRIATIONS COMMITTEE: 6-0, 8/27/15
AYES: Lara, Beall, Hill, Leyva, Mendoza, Nielsen
NO VOTE RECORDED: Bates
ASSEMBLY FLOOR: 79-0, 6/3/15 - See last page for vote
SUBJECT: Public social services: foster care placement: funding
SOURCE: California Department of Social Services
DIGEST: This bill, effective January 1, 2017, establishes a sunset for existing licensure, rate setting and other provisions for group homes and Foster Family Agencies (FFAs), and establishes interim provisions. It provides for licensure of Short Term Residential Treatment Centers (STRTCs) and FFAs and requires the California Department of Social Services (CDSS) to develop a new payment structure for STRTCs and FFAs, as specified. This bill establishes the framework for the codification of a number of recommendations included in the CDSS report, California’s Child Welfare Continuum of Care Reform (CCR).
Existing law:
Establishes CDSS as the “single state agency” required by Title IV‐B and IV‐E of the federal Social Security Act to distribute federal funds and supervise California’s county administered child welfare system which includes child protective services, foster care placement services, and adoptions services. Requires the state, through CDSS and county welfare departments, to establish and support a public system of child welfare services to protect and promote the welfare of children. (WIC 10600 and 16500)
Provides for the licensure of group homes, defined as a residential facility providing 24-hour non-medical care and supervision to children, delivered by employed staff in a structured environment. Requires CDSS to establish a rate classification level (RCL) structure for group homes with a corresponding rate structure according to the level of care and services that will be provided, as specified. (HSC 1502 and WIC 11462)
Permits group homes to be classified as an RCL 13 or 14 if the program only accepts children with special treatment needs and meets other requirements. Requires the California Department of Health Care Services (DHCS) to certify group homes annually seeking classification as RCL 13 or 14 and permits such facilities to accept minor dependents who are seriously emotionally disturbed if certain conditions are met. (WIC 11469, WIC 4096.5 and HSC 1502.4)
Provides for licensure of FFAs, defined to mean any organization engaged in the recruiting, certifying, and training of, and providing professional support to, foster parents, or in finding homes or other places for placement for children for temporary or permanent care, as an alternative to group care. (HSC 1502)
Establishes California’s Medicaid program, Medi-Cal, though which eligible low-income individuals receive health care and mental health services, including foster youth, eligible recipients of the Adoption Assistance Program, and Kin-Gap. Under Medi-Cal, establishes the federal Early and Periodic Screening, Diagnosis and Treatment (EPSDT) program to provide comprehensive and preventive health services including specialty mental health services to Medi-Cal beneficiaries under the age of 21. (WIC 14000 et seq., 42 USC Section 1396 et seq and 42 CFR 435.145.)
Requires county mental health departments to provide children served by county social services and probation departments, who meet the definition of medical necessity, with mental health screening, assessment, participation in multidisciplinary placement teams and specialty mental health treatment. (WIC 5867.5)
This bill:
Establishes legislative intent to improve California’s child welfare system by using comprehensive initial child assessments, increasing the use of home-based family care and the provision of services and supports to home-based family care, reducing the use of congregate care placement settings, and creating faster paths to permanency to shorten the duration of a child’s involvement in the child welfare and juvenile justice systems.
Group Home and Children’s Residential Facilities Reforms
Sunsets, effective January 1, 2017, existing laws pertaining to group homes, including those permitting a group home to accept children assessed as being seriously emotionally disturbed (SED) and the existing rate classification structure. Provides for one-year conditional extensions to individual group homes and an interim rate structure.
Creates a new licensure category of STRTCs, on or after January 1, 2017. Requires STRTCs to have national accreditation from an entity identified by CDSS, as specified.
Permits STRTCs to have a program that is certified by DHCS or a county mental health plan, or a program that is not certified, or both. Provides that if the program does not have a certification, it may serve children who are assessed as SED and as meeting EPSDT medical necessity criteria if it arranges for a Medi-Cal eligible child to receive EPSDT specialty mental health services, or other mental health services in all other cases.
Adds new statute, effective the same date, requiring STRTCs that have a mental health certification to solely accept for placement children who do not require inpatient care in a licensed health facility, have been assessed as requiring the level of services provided in the facility to maintain the safety of the child or others, as specified, and who have been assessed as meeting the medical necessity criteria for specialty mental health services under the EPSDT program or have been assessed as being seriously emotionally disturbed, as defined.
Provides that STRTCs that do not have a mental health certification may accept for placement children who do not require inpatient care in a licensed health facility, have been assessed as requiring the level of services provided in the facility to maintain the safety of the child or others, as specified, and who meet one of the following criteria:
Have been assessed as meeting the medical necessity criteria for specialty mental health services under the EPSDT program;
Have been assessed as being seriously emotionally disturbed, as defined;
Have been assessed as requiring the level of services to meet his or her specialized behavioral or therapeutic needs, as described.
Requires CDSS to develop a new payment structure for STRTCs and prohibits CDSS from establishing a rate for STRTCs or FFAs unless the provider submits a recommendation from the host county or the primary placing county that the program is needed and that the provider is willing and capable of operating the program at the level sought.
Authorizes CDSS to license a temporary shelter care facility operated by a county or agency on behalf of a county, and requires CDSS to consult with counties operating shelters to develop a transition plan, as specified.
Foster Family Agency Reforms
Effective January 1, 2017, sunsets the existing rate-setting system for FFAs and establishes an interim rate system for FFAs that have been granted an extension.
Requires CDSS to develop a new payment system for FFAs that provide treatment, intensive treatment and therapeutic foster care programs which considers federally eligible administrative activities social work activities, social work and mental health services, as well as intensive treatment or therapeutic services, core services, staff training, licensing requirements, a process for accreditation, as specified, mental health certification, populations served, as specified.
Permits probation agencies to place probation youth into a certified family home of an FFA.
Requires FFAs to have national accreditation from an entity identified by CDSS, as specified. Provides CDSS the authority to extend provisional licenses for FFAs for up to two years, if it determines this additional time is required to secure accreditation.
Permits FFAs to have a program that is certified by DHCS or a county mental health plan, or a program that is not certified, or both. Provides that a certified program shall provide mental health services to children who do not require inpatient care and have been assessed as SED or as meeting medical necessity criteria for EPSDT. Provides that a program that is not certified may provide access to mental health services to children who do not require inpatient care and have been assessed as SED or as meeting medical necessity criteria for EPSDT if the program has interagency protocols in place to arrange for specialty mental health services for children who are Medi-Cal eligible, and in all other cases, arranges for the child to receive mental health services.
Requires county probation departments to work with group home providers to develop STRTCs that meet the needs of probation-supervised youth in foster care and to work with FFAs to develop strategies to recruit, retain, and support specialized foster homes for probation youth. Additionally requires county probation departments to work with CDSS on strategies to identify, engage, and support relative caregivers and to define probation youth outcome measures to be collected and analyzed to assess implementation of this act.
Requires, commencing January 1, 2018, CDSS in consultation with the Chief Probation Officers of California, to assess the capacity and quality of placement options for probation youth in foster care, as specified.
Requires CDSS to provide an interim report to the Legislature no later than January 10, 2019, and a final report no later than January 10, 2021, to include specified data and whether there is a continued need for probation placement in group homes.
Other Foster Care System Reforms
Requires CDSS to provide available funding to counties for the purpose of recruiting, retaining, and supporting foster parents, relative caregivers, and resource families based on CDSS approval of plans submitted by each county.
Sunsets, effective January 1, 2017, existing foster parent training provisions and replaces statute with annual training requirement of eight hours and other revised requirements and structure.
Requires CDSS to work with stakeholders, including other state departments, such as the DHCS, legislative staff, counties, and advocates, to address critical issues and specified subject areas in the initial and ongoing implementation of this act. Requires the work with stakeholders to include the development of timelines and key milestones for implementation of this act, including a process to monitor progress. Requires the CDSS, in consultation with stakeholders, to measure and track changes in the number of out-of-home placements that are available to county placing agencies, as specified.
Background
Continuum of Care Reform Efforts. CDSS led a three-year stakeholder effort in response to SB 1013 (Committee on Budget and Fiscal Review, Chapter 35, Statutes of 2012), which called for the department to establish a working group to develop recommended revisions to the current rate-setting system, services, and programs serving children and families in the continuum of foster care settings. Early this year, the department published a report entitled “California’s Child Welfare Continuum of Care Reform.” which outlined a comprehensive approach to improving California’s child welfare system by reforming the system of placements and services directed at youth in foster care. The report envisions new models of care for foster youth, including providing all foster youth with access to a child and family team – instead of relying solely on a single social worker – and empowering those child and family teams to utilize a more consistent assessment tool that identifies the needs of the child. Rather than leaving a child to “fail upwards” into a group home before the child is provided more intensive services, the report envisions providing needed treatment and services in homes, and relying on group homes only for short-term treatment placements.
Reforms Envisioned by AB 403. This bill reflects a substantial, though incomplete, effort to begin implementation of the ambitious “continuum of care reform” that is described in the departmental report. This bill incorporates several primary areas of reform:
Dismantles the existing rate classification structure, licensure, and eligibility criteria for group homes, replacing it with STRTCs that incorporate increased standards of care, shortened duration of stay, and stricter criteria for initial placement. This policy is likely to have the effect of reducing the overall number of beds available for congregate care, and will make it harder for placing agencies to place a child who does not have a true clinical need for congregate care. As a result counties will need to quickly increase the availability of foster homes or relative caregivers.
Revises the existing licensure, rate structure and eligibility criteria FFAs, which recruit, certify and provide services to foster family homes. The new structure envisions a model of FFAs that are prepared and funded to provide intensive treatment level services (currently often unavailable outside of a group home) in a foster home setting, enabling children with emotional or behavioral health challenges to remain with a family.
Seeks to progress toward implementation of Katie A. v Bonta lawsuit which expanded the role of the child and family team in guiding the development of a child’s case plan, so that a social worker is not making uniformed and unilateral decisions about the care of a child. Existing use of child and family teams has shown the model to be an important tool for flexibly building a network of child welfare mental health and educational services to best support the child and his or her family.
Seeks to progress toward implementation of Katie A. v Bonta lawsuit which called for expanded integration between mental health services and child welfare services. By integrating mental health certification as a component for licensure of both STRTCs and FFAs, and including an EPSDT specialty mental health assessment as one criteria for placement, this bill seeks to encourage greater interdepartmental collaboration at the local level, and increase providers’ ability to provide a more complete range of child welfare and mental health services to the child.
Addresses some barriers to achieving an adequate supply of relative and foster family homes. This bill continues implementation of the Resource Family Approval (RFA) Program, which was established as a permanent statewide program through SB 1013 (Committee on Budget and Fiscal Review, Chapter 35, Statutes of 2012). Under the program, CDSS is required to implement a unified, family friendly, and child-centered RFA process to replace the existing multiple processes for licensing foster family homes, approving relatives and nonrelative extended family members as foster care providers, approving guardianships, and approving adoptive families. This model is currently being implemented as a five county pilot; however it is anticipated to take effect statewide July 2017.
This bill modernizes foster parent training programs, making curriculum more flexible according to the specialized training needs of individual children and families.
By building on the establishment of “core services” that the foster care system is intended to provide, including specialty mental health services, and by enabling FFAs to approve and serve all resource families this bill is likely to enable counties to better support foster parents and relative caregivers with the services needed to maintain stable placements and prevent the need for STRTC placement.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee:
Major initial investments in the tens of millions of dollars (General Fund*) annually over a number of years to local agencies for increased costs for activities such as comprehensive initial child assessments, recruitment, retention, and support services for home-based family care providers, increased services costs for higher rates for wraparound services, FFAs, and STRTCs, performance and outcome measurement and data collection, and accelerated statewide implementation of the RFA process.
The 2015 Budget Act includes initial funding to support recommendations in the CCR report consisting of $20.3 million ($17.2 million General Fund) to increase foster parent and relative caregiver recruitment, retention, and training efforts, and $7.3 million ($4.3 million General Fund) to fund a 15 percent increase in FFA social worker rates.
Significant one-time and ongoing costs (General Fund) for the development of revised rate structures, multiple sets of regulations for new and revised licensing categories and RFA due process procedures, stakeholder workgroup activities, development and implementation of a system of governmental monitoring and oversight, the development of revised training curricula, and automation system changes.
Significant one-time costs (General Fund) to DHCS to promulgate regulations regarding program standards, oversight, enforcement, and due process for the mental health certification of STRTCs and FFAs, and to collaborate with CDSS on a monitoring and oversight program.
Major costs potentially in the millions to tens of millions of dollars (Federal Funds/Local Revenue Fund 2011(Behavioral Health Subaccount)) annually for increased EPSDT/specialty mental health services and administration for both new and existing cases, to the extent this bill’s reforms result in more appropriate placements and assessments of need for children entitled to these services. Pursuant to 2011 Realignment, responsibility for specialty mental health and EPSDT services rests with the counties.
Unknown, potentially significant future cost savings to the child welfare and juvenile justice systems to the extent the reforms result in better-informed and appropriate initial placements provided with targeted services, coupled with greater use of family-based care and declining use and duration of congregate care placements and costs, resulting in shorter and/or fewer stays in the child welfare and juvenile justice systems.
Provides that to the extent this legislation has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by 2011 Realignment, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase.
California Department of Social Services (source)
California Alliance of Child and Family Services
California Coalition for Youth
California State Association of Counties
California State PTA
California State Foster Parent Association
Chief Probation Officers of California
County Behavioral Health Directors Association of California
County of Yolo, Board of Supervisors
County Welfare Directors Association of California
National Center for Youth Law
Orange County Board of Supervisors
Youth Law Center
Beta Foster Care
ASSEMBLY FLOOR: 79-0, 6/3/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Thurmond
Prepared by: Sara Rogers / HUMAN S. / (916) 651-1524
9/25/15 13:58:07
**** END ****
AB 403
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Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 403
Author: Mark Stone (D), et al.
Amended: 9/4/15 in Senate
SENATE HUMAN SERVICES COMMITTEE: 5-0, 7/14/15
AYES: McGuire, Berryhill, Hancock, Liu, Nguyen
SENATE APPROPRIATIONS COMMITTEE: 6-0, 8/27/15
AYES: Lara, Beall, Hill, Leyva, Mendoza, Nielsen
NO VOTE RECORDED: Bates
ASSEMBLY FLOOR: 79-0, 6/3/15 - See last page for vote
SUBJECT: Public social services: foster care placement: funding
SOURCE: California Department of Social Services
DIGEST: This bill, effective January 1, 2017, establishes a sunset for existing licensure, rate setting and other provisions for group homes and Foster Family Agencies (FFAs), and establishes interim provisions. It provides for licensure of Short Term Residential Treatment Centers (STRTCs) and FFAs and requires the California Department of Social Services (CDSS) to develop a new payment structure for STRTCs and FFAs, as specified. This bill establishes the framework for the codification of a number of recommendations included in the CDSS report, California’s Child Welfare Continuum of Care Reform (CCR).
Senate Floor Amendments of 9/4/15 add chaptering language pertaining to SB 794 (Committee on Human Services), SB 238 (Mitchell), AB 899 (Levine), AB 1387 (Chu), and SB 484 (Beall), add conforming language for STRTCs related to existing licensing provisions for licensed facilities, and make other technical corrections.
Existing law:
Establishes CDSS as the “single state agency” required by Title IV‐B and IV‐E of the federal Social Security Act to distribute federal funds and supervise California’s county administered child welfare system which includes child protective services, foster care placement services, and adoptions services.
Requires the state, through CDSS and county welfare departments, to establish and support a public system of child welfare services to protect and promote the welfare of children. (WIC 10600 and 16500) Provides for the licensure of group homes, defined as a residential facility providing 24-hour non-medical care and supervision to children, delivered by employed staff in a structured environment. Requires CDSS to establish a rate classification level (RCL) structure for group homes with a corresponding rate structure according to the level of care and services that will be provided, as specified. (HSC 1502 and WIC 11462)
Permits group homes to be classified as an RCL 13 or 14 if the program only accepts children with special treatment needs and meets other requirements. Requires the California Department of Health Care Services (DHCS) to certify group homes annually seeking classification as RCL 13 or 14 and permits such facilities to accept minor dependents who are seriously emotionally disturbed if certain conditions are met. (WIC 11469, WIC 4096.5 and HSC 1502.4)
Provides for licensure of FFAs, defined to mean an organization engaged in the recruiting, certifying, and training of, and providing professional support to, foster parents, or in finding homes or other places for placement for children for temporary or permanent care, as an alternative to group care. (HSC 1502)
Establishes California’s Medicaid program, Medi-Cal, though which eligible low-income individuals receive health care and mental health services, including foster youth, eligible recipients of the Adoption Assistance Program, and Kin-Gap. Under Medi-Cal, establishes the federal Early and Periodic Screening, Diagnosis and Treatment (EPSDT) program to provide comprehensive and preventive health services including specialty mental health services to Medi-Cal beneficiaries under the age of 21. (WIC 14000 et seq., 42 USC Section 1396 et seq and 42 CFR 435.145.)
Requires county mental health departments to provide children served by county social services and probation departments, who meet the definition of medical necessity, with mental health screening, assessment, participation in multidisciplinary placement teams and specialty mental health treatment. (WIC 5867.5)
This bill:
Establishes legislative intent to improve California’s child welfare system by using comprehensive initial child assessments, increasing the use of home-based family care and the provision of services and supports to home-based family care, reducing the use of congregate care placement settings, and creating faster paths to permanency to shorten the duration of a child’s involvement in the child welfare and juvenile justice systems.
Group Home and Children’s Residential Facilities Reforms
Sunsets, effective January 1, 2017, existing laws pertaining to group homes, including those permitting a group home to accept children assessed as being seriously emotionally disturbed (SED) and the existing rate classification structure. Provides for one-year conditional extensions to individual group homes and an interim rate structure.
Creates a new licensure category of STRTCs, on or after January 1, 2017. Requires STRTCs to have national accreditation from an entity identified by CDSS, as specified.
Permits STRTCs to have a program that is certified by DHCS or a county mental health plan, or a program that is not certified, or both. Provides that if the program does not have a certification, it may only serve children who are assessed as SED and as meeting EPSDT medical necessity criteria if it arranges for a Medi-Cal eligible child to receive EPSDT specialty mental health services, or other mental health services in all other cases.
Adds new statute, effective the same date, requiring STRTCs that have a mental health certification to solely accept for placement children who do not require inpatient care in a licensed health facility, have been assessed as requiring the level of services provided in the facility to maintain the safety of the child or others, as specified, and who have been assessed as meeting the medical necessity criteria for specialty mental health services under the EPSDT program or have been assessed as being seriously emotionally disturbed, as defined.
Provides that STRTCs that do not have a mental health certification shall soley accept for placement children who do not require inpatient care in a licensed health facility, have been assessed as requiring the level of services provided in the facility to maintain the safety of the child or others, as specified, and who meet one of the following criteria:
Have been assessed as meeting the medical necessity criteria for specialty mental health services under the EPSDT program;
Have been assessed as being seriously emotionally disturbed, as defined;
Have been assessed as requiring the level of services to meet his or her specialized behavioral or therapeutic needs, as described.
Requires CDSS to develop a new payment structure for STRTCs and prohibits CDSS from establishing a rate for STRTCs or FFAs unless the provider submits a recommendation from the host county or the primary placing county that the program is needed and that the provider is willing and capable of operating the program at the level sought.
Authorizes CDSS to license a temporary shelter care facility operated by a county or agency on behalf of a county, and requires CDSS to consult with counties operating shelters to develop a transition plan, as specified.
Foster Family Agency Reforms
Effective January 1, 2017, sunsets the existing rate-setting system for FFAs and establishes an interim rate system for FFAs that have been granted an extension.
Requires CDSS to develop a new payment system for FFAs that provide treatment, intensive treatment and therapeutic foster care programs which considers federally eligible administrative activities social work activities, social work and mental health services, as well as intensive treatment or therapeutic services, core services, staff training, licensing requirements, a process for accreditation, as specified, mental health certification, populations served, as specified.
Permits probation agencies to place probation youth into a certified family home of an FFA.
Requires FFAs to have national accreditation from an entity identified by CDSS, as specified. Provides CDSS the authority to extend provisional licenses for FFAs for up to two years, if it determines this additional time is required to secure accreditation.
Permits FFAs to have a program that is certified by DHCS or a county mental health plan, or a program that is not certified, or both. Provides that a certified program shall provide mental health services to children who do not require inpatient care and have been assessed as SED or as meeting medical necessity criteria for EPSDT. Provides that a program that is not certified may provide access to mental health services to children who do not require inpatient care and have been assessed as SED or as meeting medical necessity criteria for EPSDT if the program has interagency protocols in place to arrange for specialty mental health services for children who are Medi-Cal eligible, and in all other cases, arranges for the child to receive mental health services.
Requires county probation departments to work with group home providers to develop STRTCs that meet the needs of probation-supervised youth in foster care and to work with FFAs to develop strategies to recruit, retain, and support specialized foster homes for probation youth. Additionally requires county probation departments to work with CDSS on strategies to identify, engage, and support relative caregivers and to define probation youth outcome measures to be collected and analyzed to assess implementation of this act.
Requires, commencing January 1, 2018, CDSS in consultation with the Chief Probation Officers of California, to assess the capacity and quality of placement options for probation youth in foster care, as specified.
Requires CDSS to provide an interim report to the Legislature no later than January 10, 2019, and a final report no later than January 10, 2021, to include specified data and whether there is a continued need for probation placement in group homes.
Other Foster Care System Reforms
Requires CDSS to provide available funding to counties for the purpose of recruiting, retaining, and supporting foster parents, relative caregivers, and resource families based on CDSS approval of plans submitted by each county.
Sunsets, effective January 1, 2017, existing foster parent training provisions and replaces statute with annual training requirement of eight hours and other revised requirements and structure.
Requires CDSS to work with stakeholders, including other state departments, such as the DHCS, legislative staff, counties, and advocates, to address critical issues and specified subject areas in the initial and ongoing implementation of this act. Requires the work with stakeholders to include the development of timelines and key milestones for implementation of this act, including a process to monitor progress. Requires the CDSS, in consultation with stakeholders, to measure and track changes in the number of out-of-home placements that are available to county placing agencies, as specified.
Background
Continuum of Care Reform Efforts. CDSS led a three-year stakeholder effort in response to SB 1013 (Committee on Budget and Fiscal Review, Chapter 35, Statutes of 2012), which called for the department to establish a working group to develop recommended revisions to the current rate-setting system, services, and programs serving children and families in the continuum of foster care settings. Early this year, the department published a report entitled “California’s Child Welfare Continuum of Care Reform.” which outlined a comprehensive approach to improving California’s child welfare system by reforming the system of placements and services directed at youth in foster care. The report envisions new models of care for foster youth, including providing all foster youth with access to a child and family team – instead of relying solely on a single social worker – and empowering those child and family teams to utilize a more consistent assessment tool that identifies the needs of the child. Rather than leaving a child to “fail upwards” into a group home before the child is provided more intensive services, the report envisions providing needed treatment and services in homes, and relying on group homes only for short-term treatment placements.
Reforms Envisioned by AB 403. This bill reflects a substantial, though incomplete, effort to begin implementation of the ambitious “continuum of care reform” that is described in the departmental report. This bill incorporates several primary areas of reform:
Dismantles the existing rate classification structure, licensure, and eligibility criteria for group homes, replacing it with STRTCs that incorporate increased standards of care, shortened duration of stay, and stricter criteria for initial placement. This policy is likely to have the effect of reducing the overall number of beds available for congregate care, and will make it harder for placing agencies to place a child who does not have a true clinical need for congregate care. As a result counties will need to quickly increase the availability of foster homes or relative caregivers.
Revises the existing licensure, rate structure and eligibility criteria FFAs, which recruit, certify and provide services to foster family homes. The new structure envisions a model of FFAs that are prepared and funded to provide intensive treatment level services (currently often unavailable outside of a group home) in a foster home setting, enabling children with emotional or behavioral health challenges to remain with a family.
Seeks to progress toward implementation of Katie A. v Bonta lawsuit which expanded the role of the child and family team in guiding the development of a child’s case plan, so that a social worker is not making uniformed and unilateral decisions about the care of a child. Existing use of child and family teams has shown the model to be an important tool for flexibly building a network of child welfare mental health and educational services to best support the child and his or her family.
Seeks to progress toward implementation of Katie A. v Bonta lawsuit which called for expanded integration between mental health services and child welfare services. By integrating mental health certification as a component for licensure of both STRTCs and FFAs, and including an EPSDT specialty mental health assessment as one criteria for placement, this bill seeks to encourage greater interdepartmental collaboration at the local level, and increase providers’ ability to provide a more complete range of child welfare and mental health services to the child.
Addresses some barriers to achieving an adequate supply of relative and foster family homes. This bill continues implementation of the Resource Family Approval (RFA) Program, which was established as a permanent statewide program through SB 1013 (Committee on Budget and Fiscal Review, Chapter 35, Statutes of 2012). Under the program, CDSS is required to implement a unified, family friendly, and child-centered RFA process to replace the existing multiple processes for licensing foster family homes, approving relatives and nonrelative extended family members as foster care providers, approving guardianships, and approving adoptive families. This model is currently being implemented as a five county pilot; however it is anticipated to take effect statewide July 2017.
This bill modernizes foster parent training programs, making curriculum more flexible according to the specialized training needs of individual children and families.
By building on the establishment of “core services” that the foster care system is intended to provide, including specialty mental health services, and by enabling FFAs to approve and serve all resource families this bill is likely to enable counties to better support foster parents and relative caregivers with the services needed to maintain stable placements and prevent the need for STRTC placement.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee:
Major initial investments in the tens of millions of dollars (General Fund*) annually over a number of years to local agencies for increased costs for activities such as comprehensive initial child assessments, recruitment, retention, and support services for home-based family care providers, increased services costs for higher rates for wraparound services, FFAs, and STRTCs, performance and outcome measurement and data collection, and accelerated statewide implementation of the RFA process.
The 2015 Budget Act includes initial funding to support recommendations in the CCR report consisting of $20.3 million ($17.2 million General Fund) to increase foster parent and relative caregiver recruitment, retention, and training efforts, and $7.3 million ($4.3 million General Fund) to fund a 15 percent increase in FFA social worker rates.
Significant one-time and ongoing costs (General Fund) for the development of revised rate structures, multiple sets of regulations for new and revised licensing categories and RFA due process procedures, stakeholder workgroup activities, development and implementation of a system of governmental monitoring and oversight, the development of revised training curricula, and automation system changes.
Significant one-time costs (General Fund) to DHCS to promulgate regulations regarding program standards, oversight, enforcement, and due process for the mental health certification of STRTCs and FFAs, and to collaborate with CDSS on a monitoring and oversight program.
Major costs potentially in the millions to tens of millions of dollars (Federal Funds/Local Revenue Fund 2011(Behavioral Health Subaccount)) annually for increased EPSDT/specialty mental health services and administration for both new and existing cases, to the extent this bill’s reforms result in more appropriate placements and assessments of need for children entitled to these services. Pursuant to 2011 Realignment, responsibility for specialty mental health and EPSDT services rests with the counties.
Unknown, potentially significant future cost savings to the child welfare and juvenile justice systems to the extent the reforms result in better-informed and appropriate initial placements provided with targeted services, coupled with greater use of family-based care and declining use and duration of congregate care placements and costs, resulting in shorter and/or fewer stays in the child welfare and juvenile justice systems.
Provides that to the extent this legislation has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by 2011 Realignment, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase.
California Department of Social Services (source)
California Alliance of Child and Family Services
California Coalition for Youth
California State Association of Counties
California State PTA
California State Foster Parent Association
Chief Probation Officers of California
County Behavioral Health Directors Association of California
County of Yolo, Board of Supervisors
County Welfare Directors Association of California
National Center for Youth Law
Orange County Board of Supervisors
Youth Law Center
Beta Foster Care
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Thurmond
Prepared by: Sara Rogers / HUMAN S. / (916) 651-1524
9/24/15 15:29:13
**** END ****
AB 403
Page 10
CONCURRENCE IN SENATE AMENDMENTS
AB 403
(Mark Stone)
As Amended September 4, 2015
Majority vote
ASSEMBLY: |
79-0 |
(June 3, 2015) |
SENATE: |
40-0 |
(September 10, 2015) |
Original Committee Reference: HUM. S.
SUMMARY: Implements Continuum of Care Reform (CCR) recommendations to better serve children and youth in California's child welfare services system. Specifically, this bill:
Declares legislative intent to improve the state's child welfare system by using comprehensive initial assessments of children, increasing the use of home-based family care and the provision of services and supports to families, reducing the use of congregate care placement settings, and creating faster paths to permanency to shorten the duration of a child's involvement in the child welfare and juvenile justice systems.
Sunsets, effective January 1, 2017, existing laws pertaining to group homes, including those permitting a group home to accept children assessed as being seriously emotionally disturbed (SED) and the existing rate classification structure. Provides for two-year conditional extensions to individual group homes and an interim rate structure, as specified.
Creates, as of January 1, 2017, a new licensure category of short-term residential treatment centers (STRTCs) as residential facilities that provide short-term, specialized and intensive treatment, and 24-hour care and supervision, to children in a structured environment, as specified. Requires STRTCs to have national accreditation from an entity identified by the Department of Social Services (DSS), as specified, and authorizes a county to operate an STRTC.
Permits STRTCs to have a program that is certified by the Department of Health Care Services (DHCS) or a county mental health plan, or a program that is not certified, or both. Provides that if the program does not have a certification, it shall solely serve children who are assessed as SED and as meeting Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) program medical necessity criteria if it arranges for a Medi-Cal eligible child to receive EPSDT specialty mental health services, or other mental health services in all other cases.
Requires STRTCs that have a mental health certification to solely accept for placement children who do not require inpatient care in a licensed health facility, have been assessed as requiring the level of services provided in the facility to maintain the safety of the child or others, as specified, and who have been assessed as meeting the medical necessity criteria for specialty mental health services under the EPSDT program or have been assessed as being seriously emotionally disturbed, as defined.
Provides that STRTCs that do not have a mental health certification shall solely accept for placement children who do not require inpatient care in a licensed health facility, have been assessed as requiring the level of services provided in the facility to maintain the safety of the child or others, as specified, and who meet at least one of the following conditions:
Have been assessed as meeting the medical necessity criteria for specialty mental health services under the EPSDT program;
Have been assessed as being seriously emotionally disturbed, as defined; or
Have been assessed as requiring the level of services to meet his or her specialized behavioral or therapeutic needs, as described.
Authorizes DSS to license a temporary shelter care facility operated by a county or agency on behalf of a county, and requires DSS to consult with counties operating shelters to develop a transition plan for the development of temporary shelter care facilities to address the unique circumstances and needs of the populations they serve, as specified.
Effective January 1, 2017, sunsets the existing rate-setting system for Foster Family Agencies (FFAs) and establishes an interim rate system for FFAs that have been granted an extension to operate, as specified.
Requires DSS to develop a new payment system for FFAs that provide treatment, intensive treatment and therapeutic foster care programs that considers federally eligible administrative activities, social work activities, social work and mental health services, as well as intensive treatment or therapeutic services, core services, staff training, licensing requirements, transition support services, a process for accreditation, mental health certification and populations served, as specified.
Requires FFAs to have national accreditation from an entity identified by DSS, as specified. Provides DSS the authority to extend provisional licenses for FFAs for up to two years, if it determines this additional time is required to secure accreditation.
Permits probation agencies to place a probation youth into a certified family home of an FFA.
Requires DSS, commencing January 1, 2018, and in consultation with the Chief Probation Officers of California, to assess the capacity and quality of placement options for probation youth in foster care, as specified. Further, requires DSS to provide an interim report to the Legislature no later than January 10, 2019, and a final report no later than January 10, 2021, to include specified data and indicate whether there is a continued need for probation placement in group homes.
Permits FFAs to have a program that is certified by DHCS or a county mental health plan, or a program that is not certified, or both, and specifies the children to whom mental health services can be provided.
Requires county probation departments to work with group home providers to develop STRTCs that meet the needs of probation-supervised youth in foster care and to work with FFAs to develop strategies to recruit, retain, and support specialized foster homes for probation youth. Additionally requires county probation departments to work with DSS on strategies to identify, engage, and support relative caregivers and to define probation youth outcome measures to be collected and analyzed to assess implementation of this act.
Prohibits DSS from establishing a rate for an STRTC or FFA that provides treatment services without a recommendation from the host or primary placing county that the program is needed and that the provider is willing and capable of operating the program at the level sought.
Requires DSS to provide available funding to counties for the purpose of recruiting, retaining, and supporting foster parents, relative caregivers, and resource families based on DSS approval of plans submitted by each county. Includes the following among the purposes for which that funding can be used: staffing, exceptional child needs, child care for caregivers, intensive relative finding, and other emerging outreach approaches to identify potential foster family homes, resource families, and relatives, as specified.
Sunsets existing foster parent training provisions, effective January 1, 2017, and replaces current statutory requirements with an annual training requirement of eight hours and other revised requirements and structure.
Revises and expands training for resource families by, among other things, adding and updating training topics to include: health issues in foster care and the administration of psychotropic and other medications; accessing education and health services available to foster children; cultural needs of children; and permanence and well-being needs of children. Replaces the training pertaining to emancipation and independent living skills with training on preparation for youth and young adults for a successful transition to adulthood.
Modifies and expands supports by: including among children and youth eligible for county wraparound services those who would otherwise, beginning January 1, 2017, be accepted for placement into a short-term residential treatment center; revising the current rate methodology for county wraparound services and codifying the rate ($8,573/month), as well as indicating conditions under which the rate will be increased; and supporting children's connections with their families as a component of supporting foster parents.
Requires DSS to work with stakeholders, including other state departments, such as the Department of Health Care Services, legislative staff, counties, and advocates, to address critical issues in the initial and ongoing implementation of this act, as specified.
Establishes core services to be provided to children in the child welfare services system as services that encompass community services and supports, permanency-related services, medical and mental health support and access to services, educational support, life and social support, transitional support services upon discharge, biological parent and resource family supports, and services for nonminor dependents.
Defines the child and family team as a group of individuals who are convened by the placing agency and who are engaged through a variety of team-based processes to identify the strengths and needs of the child or youth and his or her family, and to help achieve positive outcomes for safety, permanency, and well-being. Requires the activities of the team to include, but not be limited to, providing input into the development of a child and family plan that is strengths-based, needs-driven, and culturally relevant, and providing input into the placement decisions made by the placing agency and the services to be provided in order to support the child or youth.
Requires DSS to develop a system of governmental monitoring and oversight of STRTCs and FFAs, including ensuring program conformity with federal and state laws through program, fiscal, and health and safety audits and reviews, which shall be carried out in coordination with the DHCS. Authorizes DSS to inspect FFAs and STRTCs according to the system developed.
Sunsets the operation and use of group homes as a placement option for children as of January 1, 2017, with the exception of group homes that have been granted an extension, as specified, for which operation cannot continue beyond January 1, 2019.
Revises the programs in which a child or non-minor dependent can be placed in order to be eligible for Aid to Families with Dependent Children-Foster Care (AFDC-FC) funds beginning January 1, 2017, except as specified until January 1, 2019, and includes among the allowed placement types a licensed FFA for placement into a certified or approved home, as specified, an STRTC licensed as a community care facility, as defined, an out-of-state group home meeting strict requirements, as specified, and a community treatment facility for children who are assessed as having an emotional disturbance, as specified.
Authorizes placement of a child or youth into a group home, as applicable, or an STRTC, only when the case plan indicates that placement is for purposes of providing short-term, specialized and intensive treatment for the child, the case plan specifies the need for, nature of, and anticipated duration of this treatment, and the case plan includes transitioning the child to a less restrictive environment and the projected timeline for doing so. Requires placements lasting longer than six-month to be documented, consistent with child and family team consideration requirements, and to be approved by the deputy director or director of the county child welfare department.
Requires DSS to establish a foster care rate for each community treatment facility program and requires all community treatment facility programs to be accredited by a nationally recognized accrediting entity identified by DSS, as specified, commencing January 1, 2017.
Requires DSS to publish and make available on its Internet Web site STRTC and FFA provider performance indicators beginning January 1, 2017, and at least annually thereafter.
Replaces numerous references to group homes in existing statute with references to STRTCs, including provisions related to administrative requirements for licensing, basic health and safety requirements, age requirements for individuals providing care and supervision, the placement of infants with their parents in care, and civil penalties and enforcement actions.
Requires DSS to work with counties that operate shelters, probation agencies, homeless shelter providers, residential education providers, and others to identify jointly developed alternative timeframes or criteria to be met in order to address the unique circumstances and needs of the populations they serve, while remaining consistent with the principles of this act. Specifically permits, as of January 1, 2017, the continued operation of facilities that were operating prior to January 1, 2015, that have a licensed capacity greater than 184, and that offer placements for the purpose of attending an onsite high school, provided these facilities submit a transition plan detailing how they will comply with the provisions of this bill within a timeframe approved by DSS, and provided they are appropriately licensed by DSS.
The Senate amendments:
Add to the plan of operation requirements for STRTCs and FFAs, as specified.
Revise the definitions of STRTCs, FFAs and core services, and revise the definition and function of the child and family team. Add to the child and family team definition regional center representatives when the child is eligible for regional center services.
Exempt temporary shelter care facilities, as defined, from the current statutory requirement that applications for licensure be denied when necessary to avoid overconcentration of residential facilities within a neighborhood, as specified.
Clarify forfeiture of license requirements for group homes that become temporary shelter care facilities, county-contracted temporary shelter care facilities upon termination of a county contract, and foster family homes that become approved resource families, as specified.
Revise training requirements for STRTC administrators and staff, licensed and certified foster parents, licensing program staff, caregivers and resource families, including more in-depth training for foster parents and resource families in special circumstances, such as caring for commercially sexually exploited children, probation youth, Indian children, and Lesbian, Gay, Bisexual, Transgender, Questioning youth.
Include STRTCs among the facilities available for temporary, emergency placements of children between six and 12 years of age, as specified.
Delete the nontreatment designation for FFAs, thereby only allowing DSS to establish a payment structure for FFAs that provide treatment, intensive treatment, and therapeutic foster care programs.
Require DSS, in consultation with the California State Foster Parent Association and other interested stakeholders, to provide information to the Legislature by January 1, 2017 regarding the availability of and cost for liability and property insurance covering acts committed by children in care.
Add requirements for county probation departments related to ensuring appropriate placement options exist for probation youth, including improved efforts to identify, engage, and support caregivers, as specified.
Increase from one year to two the amount of time for which DSS may authorize an interim rate and authority to operate for a group home or FFA that is seeking mental health certification or accreditation in order to be able to continue to operate, as specified.
Extend the sunset date for the residentially-based services program to January 1, 2017, and allows continued operation, upon DSS approval on a case-by-case basis, until January 1, 2019, consistent with group homes and FFAs.
Require, on and after January 1, 2017, that all licensed FFAs approve resource families in lieu of certifying foster homes and set forth new provisions related to the transition of a foster home to an approved resource family, as specified.
Set forth a criminal records clearance process for public and private FFAs approving resource families. Revise tribal authority to approve tribal homes and clarify provisions pertaining to criminal history checks for the approval of tribal homes.
Require DSS to provide periodic progress updates to the Legislature on the implementation of this bill.
Make other technical, clarifying changes consistent with the intent of this bill and non-substantive changes to avoid chaptering conflicts.
EXISTING LAW:
States that the purpose of foster care law is to provide maximum safety and protection for children who are being physically, sexually or emotionally abused, neglected, or exploited and to ensure the safety, protection, and physical and emotional well-being of children at risk of such harm. (Welfare and Institutions Code (WIC) Section 300.2)
Declares the intent of the Legislature to, whenever possible: preserve and strengthen a child's family ties, reunify a foster child with his or her relatives, or when family reunification is not possible or likely, to develop a permanent alternative. Further states the intent of the Legislature to reaffirm its commitment to children who are in out-of-home placement to live in the least restrictive, most family-like setting and as close to the child’s family as possible, as specified. (WIC Section 16000)
Requires out-of-home placement of a child in foster care to be based upon selection of a safe setting that is the least restrictive or most family-like and the most appropriate setting available and in close proximity to the parent's home, the child's school, and best suited to meet the child's special needs and best interests. Further requires the selection of placement to consider, in order of priority, placement with relatives, nonrelated extended family members, tribal members, and foster family homes, certified homes of foster family agencies, intensive treatment or multidimensional treatment foster care homes, group care placements, such as group homes and community treatment facilities, and residential treatment, as specified. (WIC Section 16501.1(c)(1))
States the intent of the Legislature that no child or youth in foster care reside in group care for longer than one year. Further requires DSS to update the Legislature regarding the outcomes of assessments of children and youth who have been in group homes for longer than one year and the corresponding outcomes of transitions, or plans to transition them, into family settings. (WIC Section 16010.8)
Requires DSS to establish a working group, in consultation with stakeholders, charged with developing recommended revisions to the current rate-setting system, services, and programs provided by foster family agencies and group homes, as specified. Further requires the working group to consider, among other things, how to ensure the provision of services in family-like settings and submit a report on its recommendations to the Legislature by October 1, 2014. (WIC Section 11461.2)
Requires DSS, in consultation with county child welfare agencies and other identified stakeholders, to implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, approving relatives and nonrelative extended family members as foster care providers, and approving adoptive families. Defines resource family as an individual or couple that a participating county determines to have successfully met both the home environment assessment and permanency assessment criteria, as specified, 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. (WIC Section 16519.5)
Enumerates rights of minors and nonminors in foster care, including but not limited to the right to: live in a safe, healthy, and comfortable home where he or she is treated with respect; be free from physical, sexual, emotional, or other abuse, or corporal punishment; receive adequate and healthy food, adequate clothing, and, for youth in group homes, an allowance; receive medical, dental, vision, and mental health services; be involved in the development of his or her own case plan and plan for permanent placement; and review his or her own case plan and plan for permanent placement, if he or she is 12 years of age or older and in a permanent placement, and receive information about his or her out-of-home placement and case plan, including being told of changes to the plan. (WIC Section 16001.9)
States the intent of the Legislature that foster parents, and potential foster parents, receive training in order to assist them in being effective caregivers and to enhance the safety and growth of children placed with them. Further states the need to develop a basic curriculum, a program for continuing education, and specialized training for parents caring for children with unique needs. (Health and Safety Code (HSC) Section 1529.1)
Requires every licensed foster parent to complete a minimum of 12 hours of foster parent training, as specified, prior to any foster youth being placed with him or her. Further requires a licensed foster parent to complete at least eight hours of foster parent training, as specified, annually. (HSC 1529.2(b))
Requires DSS or its designee to perform initial and continuing inspections of out-of-state group homes in order to either certify that they meet 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. (Family Code Section 7911.1)
FISCAL EFFECT: According to the Senate Appropriations Committee, this bill may have the following fiscal impact:
Local child welfare and probation agencies: Major initial investments in the tens of millions of dollars (General Fund*) annually over a number of years to local agencies for increased costs for activities including but not limited to comprehensive initial child assessments, recruitment, retention, and support services (including staffing, training, specialized care, and child care) for home-based family care providers, increased services costs for higher rates for wraparound services, foster family agencies (FFAs), and short-term residential treatment centers (STRTCs), performance and outcome measurement and data collection, and accelerated statewide implementation of the Resource Family Approval (RFA) process.
2015 Budget Act: Includes initial funding to support recommendations in the CCR report consisting of $20.3 million ($17.2 million General Fund) to increase foster parent and relative caregiver recruitment, retention, and training efforts, and $7.3 million ($4.3 million General Fund) to fund a 15% increase in FFA social worker rates.
DSS licensing, oversight, and administration: Significant one-time and ongoing costs (General Fund) for the development of revised rate structures, multiple sets of regulations for new and revised licensing categories and RFA due process procedures, stakeholder workgroup activities, development and implementation of a system of governmental monitoring and oversight, the development of revised training curricula, and automation system changes. The magnitude and duration of these costs will be dependent on the complexity and structure of the processes developed, which are undetermined at this time.
DHCS administration: Significant one-time costs (General Fund) to promulgate regulations regarding program standards, oversight, enforcement, and due process for the mental health certification of STRTCs and FFAs that provide intensive or therapeutic treatment services, and to collaborate with DSS on a monitoring and oversight program.
EPSDT/specialty mental health services: Major costs potentially in the millions to tens of millions of dollars (Federal Funds/Local Revenue Fund 2011(Behavioral Health Subaccount)) annually for increased services and administration for both new and existing cases to the extent the bill’s reforms result in more appropriate placements and assessments of need for children entitled to these services. Pursuant to 2011 Realignment, responsibility for specialty mental health and EPSDT services rests with the counties.
Long-term impact: Unknown, potentially significant future cost savings to the child welfare and juvenile justice systems to the extent the reforms result in better-informed and appropriate initial placements provided with targeted services, coupled with greater use of family-based care and declining use and duration of congregate care placements and costs, resulting in shorter and/or fewer stays in the child welfare and juvenile justice systems. This overall savings is predicated on numerous interdependent factors including but not limited to the availability of adequate capacity and quality of placement options for youth, the successful provision of services to meet the individual needs of each child, an effective system of monitoring and local interagency coordination to ensure identified services are being provided and transitions to home-based family care are made timely, the rates developed for STRTCs/FFAs and the number of group home placements from each rate classification level transitioned to the restructured rates, successful efforts to maximize federal financial participation, the ability of families to meet the specialized needs of this population, and performance measures and standards developed including data collection to enable analysis and accountability.
Proposition 30*: Provides that to the extent this legislation has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by 2011 Realignment, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Recognizing the wide variation between counties in geographic size, population of impacted children, and the level and costs of services and supports currently being provided, as well as the varying impacts and timing of this measure on local agencies within each county (including child welfare, county probation, county mental health), the point at which each local agency’s overall costs may decrease will likewise vary. At this time, the methodology including baseline assumptions for calculating this “overall effect” pursuant to Proposition 30 is unclear.
Annual Transitional Housing Program-Plus Foster Care COLA: To the extent the specified provision in this bill is determined to codify existing law with regard to the rate structure established by the workgroup pursuant to WIC Sections 11402(b) and 11403.3(a)(1)(B), no new state costs.
COMMENTS: On January 1, 2015, there were 62,898 children in foster care in California. Approximately 35% of these youth were placed with relatives, non-relative extended family members, or in a tribe-specified home. Another 25% were placed with foster family agencies or foster family agency certified homes, and almost 9% were placed in foster family homes and small family homes. There were 3,796 children and youth placed in group homes. This bill establishes the framework for a sea change in how California provides treatment and services to children and families involved in the state's child welfare system.
Challenges within the current CWS system: There has been growing consensus in the field of child welfare, at both the national and state levels, that institutionalized settings for foster youth should be used sparingly. The placement of maltreated children in group home settings has been increasingly viewed as a temporary solution in instances where emergency or crisis treatment is warranted. Yet, as of January 2015, 48% of youth placed in group homes in California via the child welfare services (CWS) system had been there over two years, and 23% had been there over five years, indicating stays longer than what might have been necessary if appropriate, intensive treatments had been deployed upon placement.
Continuum of Care Reform: The Legislature has worked and continues to work with various entities in and around the CWS system to focus on family reunification and permanency by seeking ways to best address the needs of foster youth through less restrictive, more supportive placements and services. SB 1013 (Budget and Fiscal Review Committee), Chapter 35, Statutes of 2012, realigned CWS to counties, established a moratorium on the licensing of new group homes, and required DSS to convene a stakeholder workgroup. This workgroup was charged with examining the use of group homes in California and providing recommendations to the Legislature and the Governor on how to reform this use. In January 2015, DSS submitted the CCR workgroup report to the Legislature, which included general and fiscal recommendations, alongside recommendations on home-based family care, residential treatment, and performance measures and outcomes. The report reinforced the view that group home settings are best used sparingly and temporarily, stating that:
The foundation of [these] recommendations is that all children, including those in out-of-home care, deserve to grow up in families and develop a sense of community. Their families, including foster families, also at times need assistance and support to address stressors to avert crises. For those children and youth in crisis or whom otherwise initially cannot safely get the appropriate breadth and/or intensity of services they require in a family based setting, they can access high quality, short term, treatment oriented congregate care (which includes planning for a move to home-based family care as soon as reasonably possible).
Need for this bill: In addition to establishing logistical considerations for this restructuring of the CWS system (e.g., timeline for the implementation of new, short-term treatment oriented care models, phasing out of group home settings and their associated rate methodologies), this bill goes beyond what is written in current CWS law and how it is implemented across the state to uphold the notion that every child has the right to be raised in a family instead of an institutional setting.
This bill seeks to focus necessary services on the needs of the child or youth while meeting those needs upfront rather than counting on the placement type to drive the decisions about services and causing a child or youth to "fail upwards" into higher levels of care. Overall, this bill promotes the direct relationship between the building up of a solid resource family capacity and decreased congregate care usage to establish a more supportive and cohesive approach to ensuring the state provides appropriate services to its vulnerable children and youth.
Analysis Prepared by: Myesha Jackson / HUM. S. / (916) 319-2089 FN: 0002284
AB 403 (Mark Stone) Page 4 of 4
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 403 (Mark Stone) - Public social services: foster care placement: funding
|
|
Version: July 16, 2015 |
Policy Vote: HUMAN S. 5 - 0 |
Urgency: No |
Mandate: Yes |
Hearing Date: August 27, 2015 |
Consultant: Jolie Onodera |
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on August 27, 2015
Bill Summary:
AB 403 states the intent of the Legislature to improve California’s child welfare system and its outcomes through the use of comprehensive initial child assessments, increasing the use of home-based family care and the provision of services and supports to home-based family care providers, reducing the use of congregate care placement settings, and creating faster paths to permanency to reduce the duration of a child’s involvement in the child welfare and juvenile justice systems.
This bill, among its numerous provisions, establishes the framework for the commencement of the development of the reforms to the existing foster care placement system and payment structures through the codification of a number of recommendations included in the Department of Social Services’ report, California’s Child Welfare Continuum of Care Reform (CCR).
Fiscal Impact:
Local child welfare and probation agencies: Major initial investments in the tens of millions of dollars (General Fund*) annually over a number of years to local agencies for increased costs for activities including but not limited to comprehensive initial child assessments, recruitment, retention, and support services (including staffing, training, specialized care, and child care) for home-based family care providers, increased services costs for higher rates for wraparound services, foster family agencies (FFAs), and short-term residential treatment centers (STRTCs), performance and outcome measurement and data collection, and accelerated statewide implementation of the Resource Family Approval (RFA) process.
2015 Budget Act: Includes initial funding to support recommendations in the CCR report consisting of $20.3 million ($17.2 million General Fund) to increase foster parent and relative caregiver recruitment, retention, and training efforts, and $7.3 million ($4.3 million General Fund) to fund a 15 percent increase in FFA social worker rates.
DSS licensing, oversight, and administration: Significant one-time and ongoing costs (General Fund) for the development of revised rate structures, multiple sets of regulations for new and revised licensing categories and RFA due process procedures, stakeholder workgroup activities, development and implementation of a system of governmental monitoring and oversight, the development of revised training curricula, and automation system changes. The magnitude and duration of these costs will be dependent on the complexity and structure of the processes developed, which are undetermined at this time.
DHCS administration: Significant one-time costs (General Fund) to promulgate regulations regarding program standards, oversight, enforcement, and due process for the mental health certification of STRTCs and FFAs that provide intensive or therapeutic treatment services, and to collaborate with DSS on a monitoring and oversight program.
EPSDT/specialty mental health services: Major costs potentially in the millions to tens of millions of dollars (Federal Funds/Local Revenue Fund 2011(Behavioral Health Subaccount)) annually for increased services and administration for both new and existing cases to the extent the bill’s reforms result in more appropriate placements and assessments of need for children entitled to these services. Pursuant to 2011 Realignment, responsibility for specialty mental health and EPSDT services rests with the counties.
Long-term impact: Unknown, potentially significant future cost savings to the child welfare and juvenile justice systems to the extent the reforms result in better-informed and appropriate initial placements provided with targeted services, coupled with greater use of family-based care and declining use and duration of congregate care placements and costs, resulting in shorter and/or fewer stays in the child welfare and juvenile justice systems. This overall savings is predicated on numerous interdependent factors including but not limited to the availability of adequate capacity and quality of placement options for youth, the successful provision of services to meet the individual needs of each child, an effective system of monitoring and local interagency coordination to ensure identified services are being provided and transitions to home-based family care are made timely, the rates developed for STRTCs/FFAs and the number of GH placements from each RCL level transitioned to the restructured rates, successful efforts to maximize federal financial participation, the ability of families to meet the specialized needs of this population, and performance measures and standards developed including data collection to enable analysis and accountability.
Proposition 30*: Provides that to the extent this legislation has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by 2011 Realignment, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Recognizing the wide variation between counties in geographic size, population of impacted children, and the level and costs of services and supports currently being provided, as well as the varying impacts and timing of this measure on local agencies within each county (including child welfare, county probation, county mental health), the point at which each local agency’s overall costs may decrease will likewise vary. At this time, the methodology including baseline assumptions for calculating this “overall effect” pursuant to Proposition 30 is unclear.
Annual THP-Plus FC COLA: To the extent the specified provision in this bill is determined to codify existing law with regard to the rate structure established by the workgroup pursuant to WIC §§ 11402(b) and 11403.3(a)(1)(B), no new state costs.
Author Amendments:
Make numerous substantive and technical changes, including but not limited to the following:
Revises legislative intent language in Section 1 of the bill to state that if, rather than when, overall costs to a local agency are reduced, annual funding by the state to the local agency will only be provided as described in Section 36 of Article XIII of the California Constitution.
Adds legislative intent and conforming language in various sections of the bill with regard to continuing the commitment to protecting the essential tribal relations and best interests of an Indian child by promoting practices in accordance with the federal Indian Child Welfare Act and other applicable laws.
Revises and/or extends various implementation dates for transition, licensure, placement, and rates.
Deletes the provision requiring the case plan to be developed in collaboration with the child and family team (CFT), as well as the requirement that the probation officer consider the recommendations of the CFT in determination of the appropriate placement of the ward.
Deletes the provision requiring the probation officer to document the rationale for any inconsistencies between the CFT recommendations and the final placement of the ward.
Specifies the state agencies shall attempt to minimize duplicative audits and reviews to reduce the administrative burden on providers.
Provides that funding for recruitment, retention, and support of foster parents, relative caregivers, and resource families shall be subject to appropriation by the Legislature.
Provides that DSS, CDE, and special education local plan area (SELPA) directors shall work together to address the funding formula currently based in part on the DSS rate classification level (RCL) system. Specifies that the RCL for group homes set by DSS will sunset pursuant to this act. Prior to the sunset of the RCL, requires the departments and SELPA directors to work together to develop an alternative basis for its bed allowance formula.
Requires the DSS to work with stakeholders, including other state departments, such as the Department of Health Care Services, legislative staff, counties, and advocates, to address critical issues in the initial and ongoing implementation of this act. Requires the work with stakeholders to include the development of timelines and key milestones for implementation of this act, including a process to monitor progress. Requires the DSS, in consultation with stakeholders, to measure and track changes in the number of out-of-home placements that are available to county placing agencies, as specified.
Requires the stakeholder process to address subject areas including but not limited to the following:
Rate development for STRTCs, FFAs, and other caregivers.
Assessments.
Retention and recruitment of home-based family caregivers.
Availability of core services, including specialty mental health services.
Meeting the needs of specialized populations within the child welfare system.
The mental health certification process.
Simplification of the licensure and approval process for resource families.
Outcomes, accountability measures, and data collection.
-- END --
AB 403 (Mark Stone) Page 10 of 10
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 403 (Mark Stone) - Public social services: foster care placement: funding
|
|
Version: July 16, 2015 |
Policy Vote: HUMAN S. 5 - 0 |
Urgency: No |
Mandate: Yes |
Hearing Date: August 17, 2015 |
Consultant: Jolie Onodera |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
AB 403 states the intent of the Legislature to improve California’s child welfare system and its outcomes through the use of comprehensive initial child assessments, increasing the use of home-based family care and the provision of services and supports to home-based family care providers, reducing the use of congregate care placement settings, and creating faster paths to permanency to reduce the duration of a child’s involvement in the child welfare and juvenile justice systems.
This bill, among its numerous provisions, establishes the framework for the commencement of the development of the reforms to the existing foster care placement system and payment structures through the codification of a number of recommendations included in the Department of Social Services’ report, California’s Child Welfare Continuum of Care Reform (CCR).
Fiscal Impact:
Local child welfare and probation agencies: Major initial investments in the tens of millions of dollars (General Fund*) annually over a number of years to local agencies for increased costs for activities including but not limited to comprehensive initial child assessments, recruitment, retention, and support services (including staffing, training, specialized care, and child care) for home-based family care providers, increased services costs for higher rates for wraparound services, foster family agencies (FFAs), and short-term residential treatment centers (STRTCs), potential impacts of the formalized role of child and family teams, performance and outcome measurement and data collection, and accelerated statewide implementation of the Resource Family Approval (RFA) process.
2015 Budget Act: Includes initial funding to support recommendations in the CCR report consisting of $20.3 million ($17.2 million General Fund) to increase foster parent and relative caregiver recruitment, retention, and training efforts, and $7.3 million ($4.3 million General Fund) to fund a 15 percent increase in FFA social worker rates.
DSS licensing, oversight, and administration: Significant one-time and ongoing costs (General Fund) for the development of revised rate structures, multiple sets of regulations for new and revised licensing categories and RFA due process procedures, development and implementation of a system of governmental monitoring and oversight, the development of revised training curricula, and automation system changes. The magnitude and duration of these costs will be dependent on the complexity and structure of the processes developed, which are undetermined at this time.
DHCS administration: Significant one-time costs (General Fund) to promulgate regulations regarding program standards, oversight, enforcement, and due process for the mental health certification of STRTCs and FFAs that provide intensive or therapeutic treatment services, and to collaborate with DSS on a monitoring and oversight program.
EPSDT/specialty mental health services: Major costs potentially in the millions to tens of millions of dollars (Federal Funds/Local Revenue Fund 2011(Behavioral Health Subaccount)) annually for increased services and administration for both new and existing cases to the extent the bill’s reforms result in more appropriate placements and assessments of need for children entitled to these services. Pursuant to 2011 Realignment, responsibility for specialty mental health and EPSDT services rests with the counties.
Long-term impact: Unknown, potentially significant future cost savings to the child welfare and juvenile justice systems to the extent the reforms result in better-informed and appropriate initial placements provided with targeted services, coupled with greater use of family-based care and declining use and duration of congregate care placements and costs, resulting in shorter and/or fewer stays in the child welfare and juvenile justice systems. This overall savings is predicated on numerous interdependent factors including but not limited to the availability of adequate capacity and quality of placement options for youth, the successful provision of services to meet the individual needs of each child, an effective system of monitoring and local interagency coordination to ensure identified services are being provided and transitions to home-based family care are made timely, the rates developed for STRTCs/FFAs and the number of GH placements from each RCL level transitioned to the restructured rates, successful efforts to maximize federal financial participation, the ability of families to meet the specialized needs of this population, and performance measures and standards developed including data collection to enable analysis and accountability.
Proposition 30*: Provides that to the extent this legislation has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by 2011 Realignment, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Recognizing the wide variation between counties in geographic size, population of impacted children, and the level and costs of services and supports currently being provided, as well as the varying impacts and timing of this measure on local agencies within each county (including child welfare, county probation, county mental health), the point at which each local agency’s overall costs may decrease will likewise vary. At this time, the methodology including baseline assumptions for calculating this “overall effect” pursuant to Proposition 30 is unclear.
Annual THP-Plus FC COLA: To the extent the specified provision in this bill is determined to codify existing law with regard to the rate structure established by the workgroup pursuant to WIC §§ 11402(b) and 11403.3(a)(1)(B), no new state costs.
Background:
In response to the legislative mandate pursuant to SB 1013 (Committee on Budget and Fiscal Review) Chapter 35/2012, which required the Department of Social Services (DSS) to establish a stakeholder workgroup to develop recommended revisions to the current rate-setting system, services, and programs serving children and families in the continuum of eligible foster care placement settings including, at a minimum, all programs provided by foster family agencies and group homes, the DSS led a multi-year effort and produced the report, California’s Child Welfare Continuum of Care Reform (January 2015), which outlines a comprehensive approach to improving the experiences and outcomes of children and youth in foster care.
The report envisions a new model of care based on the premise that children are best served by living in their communities in a setting of home-based family care coupled with the provision of appropriate supports and services. With the intent of eliminating the practice of long-term placements into congregate (group home) care in favor of utilizing placements into congregate care that are time-limited in duration and focused on specific treatment goals, the new model of care supports subsequently transitioning children into home-based family care while ensuring appropriate levels of services and supports are maintained.
The report recommendations include but are not limited to more comprehensive assessments of children and families to enable informed and appropriate initial placement decisions, emphasis on home-based family care placements of children, the importance of appropriate support of those placements with available services, revised goals for congregate care placements, input from a child and family team with regard to placement decisions and assessment of needs, and greater transparency and accountability for child outcomes. As indicated in the report and notably relevant to this fiscal analysis:
Several of the recommendations in this report will need short-term upfront investments as changes to the placement system are phased in. In the longer term, these recommendations are expected to become cost-neutral by creating placement cost savings and will permit strategic leveraging of federal Title IV-E and Title XIX funding to further improve child outcomes. It is worth noting that California is one of twelve states in which the state is responsible for policy, regulation and outcome monitoring, with counties responsible for operation of the program itself. California also is unique in its current financial relationship: The 2011 realignment of child welfare services transferred all of the non-federal placement costs and corresponding revenue to the counties. This realignment also provides that new administrative requirements, regulations, or enacted legislation after September 30, 2012, that has an overall effect of increasing the costs already borne by county child welfare or juvenile probation programs, applies to local agencies only to the extent that the State provides annual funding for the cost increase.
This reform effort is focused on improving outcomes and requires significant changes to current out-of-home care placements and supports. This reform effort will improve the assessment process and alter the roles of various placement settings and their service arrays, and occurs in the context of other system changes that serve to increase access to existing federally-entitled services. While this reform effort will change how and where services are provided, it does so without creating new services.
This bill seeks to commence the establishment of the framework, including the development of revised funding structures and components necessary to implement the model of care as outlined in the report recommendations, towards realization of the overarching goal of a reduced reliance on congregate care as a long-term placement setting and increased capacity of home-based family care to better address the individual needs of all children and caregivers, with the goal of the achievement of safety, permanency, and well-being.
Proposed Law:
This bill includes overarching legislative intent language to improve California’s child welfare system and its outcomes, with an expectation that the short-term funding provided by the state to local agencies to implement the bill’s provisions will reduce overall costs to local agencies and allow local savings to be reinvested in child welfare services. This bill also states the intent of the Legislature to maintain children’s safety, well-being, and healthy development when they are removed from their own families by placing them with relatives or someone familiar, whenever possible or appropriate, or with other caregiving families, and to achieve this intent, the Legislature recognizes numerous factors, as specified. In summary, this bill provides for the following:
Group Home (GH) and Residential Care Reforms
Creates a new licensure category of “short-term residential treatment centers” (STRTCs), defined to mean a residential facility licensed by DSS and operated by a public agency or private organization that provides short-term, specialized, and intensive treatment, including core services, as defined, and 24-hour care and supervision to children, as specified.
Effective January 1, 2017, sunsets existing law authorizing a GH to accept children assessed as seriously emotionally disturbed (SED). Provides for a conditional one-year extension to individual GHs to accept SED placements.
Requires DSS to license STRTCs commencing January 1, 2017, and authorizes DSS to license STRTCs prior to January 1, 2017. As a condition of licensure, requires STRTCs to meet the following criteria:
Have national accreditation from an entity identified by the DSS, as specified. Provides DSS the authority to extend provisional licenses for STRTCs for up to two years, if it determines this additional time is required to secure accreditation.
Obtain and have in good standing a mental health certification.
Requires STRTCs to have a written plan of operation, as specified by DSS, and requires a county licensed to operate an STRTC to describe its conflict-of-interest mitigation plan in its plan of operation.
Effective January 1, 2017, authorizes STRTCs to accept for placement a child who meets all of the following criteria:
A child who does not require inpatient care in a licensed health facility.
A child who has been assessed as requiring the level of services provided in order to maintain the safety of the child or others due to behaviors that render the child or those around the child unsafe, and who meets at least one of the following conditions:
A child who has been assessed as meeting the medical necessity criteria for specialty mental health services under the Medi-Cal Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) program.
A child assessed as SED.
A child who has been assessed as requiring the level of services provided in order to meet his or her behavioral or therapeutic needs, which in appropriate circumstances may include the following children:
A commercially or sexually exploited child.
A private voluntary placement, as specified.
A juvenile sex offender.
A child who is affiliated with or impacted by a gang.
Requires providers to ensure that AFDC-FC funded children accepted for placement have been approved for placement by an interagency placement committee (IPC), as specified.
Effective January 1, 2017, sunsets the existing GH rate classification system, but provides that DSS may grant an exception on a case-by-case basis for a GH to extend its rate through December 31, 2017, both for child welfare and probation youth, and potentially beyond that date, with six-month reviews, to meet the needs of probation youth, as specified. Provides for an interim GH rate classification process until January 1, 2018, for those GHs provided an extension.
Commencing January 1, 2017, requires DSS to commence development of a new payment structure for STRTC program placements claiming Title IV-E funding that includes consideration of the following factors: core services, specialized and intensive treatment supports, staff training, health and safety requirements, accreditation, mental health certification, and maximization of federal financial participation.
Prohibits DSS from establishing a rate for an STRTC or FFA that provides intensive and therapeutic treatment unless the provider submits a recommendation from the host county or primary placing county that the program is needed and that the provider is willing and capable of operating the program at the level sought.
Commencing January 1, 2017, provides that the rate paid for a dependent infant living with a dependent teenage parent receiving AFDC-FC benefits in an STRTC shall equal the infant supplement rate for STRTCs established by DSS.
Requires DSS to develop and establish an administrator certification training program for STRTCs, as specified, and establish a process no later than January 1, 2017, for convening a peer review panel for review of plans of operation for STRTCs.
Foster Family Agency (FFA) Reforms
Removes the requirement for DSS to develop licensing regulations differentiating between FFAs that provide treatment of children in foster families and those that provided nontreatment services.
Expands the definition of FFA to include a public agency, and requires a county licensed to operate an FFA to include a conflict-of-interest mitigation plan in its plan of operation.
Establishes new requirements for FFAs, including the maintenance of a written plan of operation as required by DSS. Additionally:
On and after January 1, 2017, requires FFAs to have national accreditation from an entity identified by the DSS, as specified.
Authorizes DSS to issue a provisional license to an FFA for up to two years and may extend the term of the provisional license in order for the FFA to secure accreditation.
On and after January 1, 2017, requires an FFA’s plan of operation to demonstrate its ability to support the differing needs of children and their families and include a program statement that contains a description of its core services and supports, treatment practices that will be used, description of services to be provided to meet treatment needs of children assessed.
Requires FFAs that provide treatment services to maintain in good standing the appropriate mental health certification issued by the DHCS.
Sunsets existing provisions of law on the rate setting system for FFAs on January 1, 2017, and on that same date requires DSS to commence development of a new payment structure for the Title IV-E funded FFA placement option for FFAs that provide nontreatment, treatment, intensive treatment, and therapeutic foster care programs based on a list of enumerated factors. Provides for an interim rate structure until January 1, 2018.
Provides that DSS may grant an exception on a case-by-case basis for an FFA to extend its rate through December 31, 2017, both for child welfare and probation youth, as specified, and establishes an interim rate system for FFAs through January 1, 2018, for those FFAs granted an extension.
Authorizes FFAs that provide treatment services to accept for placement children who do not require inpatient care in a licensed health facility and who meet at least one of the following conditions:
A child who has been assessed as meeting the medical necessity criteria for specialty mental health services under the Medi-Cal EPSDT program.
A child assessed as SED.
A child who has been assessed as requiring the level of services provided in order to meet his or her behavioral or therapeutic needs.
Effective January 1, 2017, requires FFAs to approve resource families in lieu of certifying foster homes.
Probation Youth
Commencing January 1, 2016, requires county probation departments to do the following:
Work with GH providers to develop STRTCs that meet the needs of probation-supervised youth in foster care.
Work with FFAs to develop strategies to recruit, retain, and support specialized foster homes for probation youth.
Work with DSS on strategies to identify, engage, and support relative caregivers.
Work with DSS to define probation youth outcome measures to be collected and analyzed to assess implementation of this act.
Commencing January 1, 2018, requires DSS in consultation with the Chief Probation Officers of California, to assess the capacity and quality of placement options for probation youth in foster care, as specified.
Requires DSS to provide an interim report to the Legislature no later than January 10, 2019, and a final report no later than January 10, 2021, to include specified data and whether there is a continued need for probation placement in GHs.
Child and Family Team (CFT) Activities
Defines a CFT as a supportive team that informs the process of placement and services to children and youth in foster care or who are at risk of foster care placement. Provides that a CFT is comprised of the child or youth, the child’s family, the caregiver, the placing agency caseworker, a county mental health representative, and a representative of the child’s or youth’s tribe or Indian custodian, as applicable, and may include other persons as specified and appropriate.
Requires the case plan to be developed in collaboration with the CFT. Requires the placing agency to consider the recommendations of the CFT and document the rationale for any inconsistencies between the case plan and the CFT recommendations.
After January 1, 2017, requires a CFT meeting to be convened by the county placing agency for the purpose of identifying the supports and services needed to achieve permanency and enable the child or youth to be placed in the least restrictive, most family-like setting.
Resource Family Approval (RFA) Process
Mandates statewide implementation of the RFA process no later than January 1, 2017. Under existing law, implementation by all counties is authorized effective July 1, 2017, but statewide implementation is not required until July 1, 2019.
Revises RFA standards and requirements to include successfully meeting a home environment assessment and permanency assessment standards.
Commencing January 1, 2016, authorizes DSS to establish participation conditions, and select and authorize FFAs that voluntarily submit implementation plans and revised plans of operation in accordance with requirements established by DSS to approve resource families in lieu of certifying foster homes. Authorizes DSS to adjust the FFA AFDC-FC rate for implementation of these activities.
Effective January 1, 2017, requires FFAs to approve resource families in lieu of certifying foster homes. No later than July 1, 2017, requires FFAs to provide a detailed description of the RFA process to all certified family homes and notification that in order to care for a foster child, RFA is required by December 31, 2019. Provides that 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.
No later than July 1, 2017, requires counties to provide a detailed description of the RFA process to all licensed foster family homes (FFHs), approved relatives and nonrelative extended family members (NREFMs), and that in order to care for a foster child, RFA is required by December 31, 2019. Provides that a licensed FFH, an approved relative, or NREFM with an approved adoptive home study completed prior to January 1, 2018, shall be deemed to be an approved resource family.
Requires counties to 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.
Authorizes counties to provide supportive services to all licensed FFHs, relatives, and NREFMs with a child in placement to assist with the resource family transition and to minimize placement disruptions.
Requires DSS to implement due process procedures including providing a statewide fair hearing process for denials, rescissions, or exclusion actions.
Requires counties to ensure resource families have the necessary caregiver training, including a minimum of 12 hours of pre-approval training and a minimum of 8 hours annually thereafter.
Specifies that resource families shall not be subject to civil penalties imposed pursuant to the Community Care Facilities Act.
Provides that personal identifying information of resource families shall not be disclosed by any state or local agency pursuant to the California Public Records Act, except as specified.
Other Provisions
Requires DSS to provide available funding to counties for the purpose of recruiting, retaining, and supporting foster parents, relative caregivers, and resource families based on DSS approval of plans submitted by each county that requests funding for staffing, exceptional child needs not covered by the caregiver-specific rate, child care, intensive relative finding, engagement, and navigation efforts, and emerging technological or other non-traditional approaches to outreach to potential foster homes, resource families, and relatives.
Requires DSS to develop a system of governmental monitoring and oversight of STRTCs and FFAs to be carried out in coordination with DHCS. Oversight responsibilities must include, but not be limited to, ensuring conformity with federal and state law, including program, fiscal, and health and safety reviews.
Requires DHCS to promulgate regulations for oversight, enforcement, and due process for the mental health certification of STRTCs and FFAs that provide treatment services.
Effective January 1, 2017, sunsets the existing rate for wraparound services and establishes a new rate of $8,573, based on a revised methodology, as specified. Commencing January 1, 2018, and annually thereafter, provides for a cost-of-living increase (COLA) to be applied to the wraparound services rate, subject to the availability of county funds, equal to the CNI, as specified.
Sunsets existing provisions of law outlining foster parent training requirements on January 1, 2017, and replaces with an annual training requirement of 8 hours, as specified.
No later than January 1, 2017, requires DSS to consult with stakeholders to develop regulations or identify policy changes necessary to allow for the sharing of information with caregivers regarding a child’s educational, medical, dental, and mental health history and current needs.
Authorizes DSS to license temporary shelter care facilities on or after January 1, 2016, only to counties operating a licensed GH as of January 1, 2016, and limits placement duration to no more than 10 calendar days, as specified. Requires DSS to provide a report to the Legislature by January 1, 2021, on the use of temporary shelter care and whether there is a continued need for the licensing and operation of these facilities.
On and after January 1, 2017, provides that facilities with licensed capacity of 184 that were in operation prior to January 1, 2015, that offer placements for the purpose of attending an onsite high school may continue to operate under an appropriate licensing category subject to submittal of a transition plan to DSS.
Codifies legislative intent to provide an annual COLA equal to the CNI, as specified, on THP-Plus Foster Care Program payments.
Related Legislation: AB 1299 (Ridley-Thomas) 2015 would shift responsibility for the provision of medically necessary mental health services for foster youth placed out-of-county, from the county of original jurisdiction to the foster youth's county of residence, in order to increase access to mental health services for youth. This bill is scheduled to be heard today by this Committee.
SB 238 (Mitchell), SB 253 (Monning), SB 319 (Beall), and SB 484 (Beall) 2015, are four bills proposing a set of reforms aimed at curbing excessive and inappropriate authorization and administration of psychotropic medications to foster youth. These bills are pending hearing in the Assembly Appropriations Committee.
Prior Legislation: AB 93 (Committee on Budget) Chapter 10/2015, the Budget Act of 2015, and SB 79 (Committee on Budget and Fiscal Review) Chapter 20/2015, the Human Services budget trailer bill, provided the authority and initial funding to support foster parent recruitment, retention, and support, budget bill language specifying how the recruitment, retention, and support funds are to be spent, and funds to increase FFA social worker rates.
SB 1013 (Committee on Budget and Fiscal Review) Chapter 35/2012, among its provisions, required DSS to establish a working group to develop recommended revisions to the current rate-setting system, services, and programs serving children and families in the continuum of foster care settings. This bill also enacted the RFA program.
Staff Comments:
This bill establishes the general framework for commencing development of the reforms described in the Continuum of Care Reform report, the potential fiscal impacts of which will be dependent on numerous factors including but not limited to the outcomes of processes and structures required to be developed pursuant to the bill’s provisions but have yet to be determined.
The absence of specificity with regard to revised rate structures, program standards, and implementation details notwithstanding, this bill will likely require the provision of substantial funding, potentially in the tens of millions of dollars annually over a number of years to local agencies to successfully initiate implementation of such a comprehensive reform as the bill’s legislative intent language describes.
For example, acknowledging the critical need to expand the existing capacity of family-based placements to enable the successful transition of youth from existing GH and future STRTC placements, the bill requires DSS to provide “available funding” to counties for the purpose of recruiting, retaining, and supporting foster parents, relative caregivers, and resource families. While the 2015 Budget Act includes over $17 million General Fund in one-time funding to support these activities, significant additional investments will likely be required in order to continue to build on these initial efforts. Notably, the Chief Probation Officers of California have indicated only 46 probation youth currently reside with foster families or FFAs, and approximately 2,100 probation youth are currently placed in GHs. The availability and ability of home-based family caregivers to meet the needs of both the probation and child welfare populations will be a key component to successfully reducing the use of congregate care placements and costs.
The overall fiscal impact of this measure over time cannot be known with certainty given the multitude of interdependent factors and as of yet undetermined components in the bill including but not limited to the availability of adequate capacity and quality of placement options for youth, the successful provision of services to meet the individual needs of each child, an effective system of monitoring and coordination to ensure identified services are being provided and transitions to home-based family care are made timely, the rate levels developed for STRTCs/FFAs and the number of GH placements from each RCL level transitioned to the restructured rates, successful efforts to maximize federal financial participation, and the development of performance measures and standards including data collection to enable analysis of outcomes and accountability.
Adding to the complexity of determining the potential fiscal impacts of this bill are the provisions of Proposition 30 and 2011 Realignment. Proposition 30 provides that to the extent this legislation has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by 2011 Realignment, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Recognizing the wide variation between counties, as well as the varying impacts and timing of this measure on local agencies within each county (including child welfare, county probation, county mental health), the point at which each local agency’s overall costs may decrease will likewise vary. To facilitate the ability to measure the fiscal and programmatic effects of this legislation, the establishment of performance standards, outcome measures, and data to be collected and analyzed would be required. It is unclear how the long-term implementation of the provisions of this bill will be funded, and to what extent any local agency savings from reduced congregate care placement costs will be measured and potentially used to offset other local agency costs. At this time, the methodology including baseline assumptions for calculating this “overall effect” pursuant to Proposition 30 is unclear.
Proposed Author Amendments:
The author has indicated numerous amendments are forthcoming, both substantive and technical in nature. These amendments were not available at the time of this analysis.
Recommended Amendments:
Staff recommends the state funding to be provided to counties for the services to support the recruitment and retention of home-based family care providers pursuant to WIC § 16003.5 in Section 98 of the bill specify the funds are to be provided subject to appropriation by the Legislature.
-- END --
AB 403 (Mark Stone) Page 15 of 15
SENATE COMMITTEE ON HUMAN SERVICES
Senator McGuire, Chair
2015 - 2016 Regular
Bill No: AB 403
Author: |
Mark Stone |
||
Version: |
July 7, 2015 |
Hearing Date: |
July 14, 2015 |
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
Sara Rogers |
||
Subject: Public social services: foster care placement: funding
SUMMARY
This bill, effective January 1, 2017, sunsets existing licensure, rate setting and other provisions for group homes and Foster Family Agencies (FFAs), and establishes interim provisions. It provides for licensure of Short Term Residential Treatment Centers (STRTCs) and FFAs and requires the California Department of Social Services (CDSS) to develop a new payment structure for STRTCs and FFAs and requires both to receive mental health certification and accreditation, as specified. Codifies and expands use of child and family team in case planning and enacts provisions pertaining to the Resource Family Approval (RFA) Program. The bill establishes Legislative intent to improve California’s child welfare system by using comprehensive initial child assessments, increasing the use of home-based family care and providing services and supports to home-based family care, reducing the use of congregate care placement settings, and creating faster paths to permanency to shorten the duration of a child’s involvement in the child welfare and juvenile justice systems.
ABSTRACT
Existing law:
Provides that any child who has suffered, or is at risk of suffering, serious physical or emotional harm, as defined, shall be within the jurisdiction of the juvenile court which may adjudge that person to be a dependent child of the court, as specified. (WIC 300)
Establishes CDSS as the “single state agency” required by Title IV‐B and IV‐E of the federal Social Security Act to distribute federal funds and supervise California’s county administered child welfare system which includes child protective services, foster care placement services, and adoptions services. Requires the state, through CDSS and county welfare departments, to establish and support a public system of child welfare services to protect and promote the welfare of children. (WIC 10600 and 16500)
Following a court order to remove a child from parental custody, requires the court to order the care, custody, control and conduct of the child to be under the supervision of a social worker and permits a social worker to place the child in any of the following (WIC 361.2):
The home of a noncustodial parent.
The approved home of a relative, as defined
The approved home of a nonrelative extended family member, as defined.
A foster home in which the child has previously placed, if it is in the best interest of the child and space is available.
A suitable licensed community care facility.
With a foster family agency to be placed in a licensed foster family home or certified family home.
A home or facility in accordance with the Indian Child Welfare Act.
Provides for the licensure of group homes, defined as a residential facility providing 24-hour non-medical care and supervision to children, delivered by employed staff in a structured environment. Requires CDSS to establish a rate classification level (RCL) structure for group homes with a corresponding rate structure according to the level of care and services that will be provided, as specified. (HSC 1502 and WIC 11462)
Permits a group home to be classified as an RCL 13 or 14 if the program only accepts children with special treatment needs and meets other requirements. Additionally requires the California Department of Health Care Services (DHCS) to certify group homes annually seeking classification as RCL 13 or 14 and permits such facilities to accept minor dependents who are seriously emotionally disturbed if certain conditions are met. (WIC 11469, WIC 4096.5 and HSC 1502.4)
Provides for licensure of FFAs, defined to mean any organization engaged in the recruiting, certifying, and training of, and providing professional support to, foster parents, or in finding homes or other places for placement for children for temporary or permanent care, as an alternative to group care. (HSC 1502)
Establishes California’s Medicaid program, Medi-Cal, though which eligible low-income individuals receive health care and mental health services, including foster youth, eligible recipients of the Adoption Assistance Program, and Kin-Gap. (WIC 14000 et seq. and 42 USC Section 1396 et seq and 42 CFR 435.145.)
Establishes the federal Early and Periodic Screening, Diagnosis and Treatment (EPSDT) program to provide comprehensive and preventive health services including specialty mental health services to Medi-Cal beneficiaries under the age of 21 who have full scope Medi-Cal eligibility. (42 USC Section 1396d)
Requires county mental health departments to provide children served by county social services and probation departments with mental health screening, assessment, participation in multidisciplinary placement teams and specialty mental health treatment services for children placed out of home in group care, for those children who meet the definition of medical necessity and to the extent resources are available. Requires first priority be given to children currently receiving psychoactive medication. (WIC 5867.5)
Provides for the establishment of interagency placing committees to establish procedures whereby a ward of the court or dependent child of the court who is to be placed in a RCL 13 or 14 group home is assessed as seriously emotionally disturbed. (WIC 4096)
Requires CDSS to authorize county welfare departments to undertake comprehensive recruitments programs, as specified, to ensure an adequate number of foster homes are available to meet the child welfare placement needs in each county. (HSC 1515)
State law establishes the Resource Family Approval (RFA) process, initially as a five-county pilot, to replace the multiple processes that currently exist for licensing foster family homes, approving relatives and nonrelative extended family members as foster care providers and approving adoptive families. The new process is expected to be implemented statewide as of July, 2017. (WIC 16519.5)
This bill:
Establishes Legislative intent to improve California’s child welfare system by using comprehensive initial child assessments, increasing the use of home-based family care and the provision of services and supports to home-based family care, reducing the use of congregate care placement settings, and creating faster paths to permanency to shorten the duration of a child’s involvement in the child welfare and juvenile justice systems.
Establishes Legislative intent that because the act will result in overall fiscal savings to local agencies, the act shall not have the overall effect of increasing the costs already borne by a local agency pursuant to the 2011 Public Safety Realignment, and shall not require the state to provide annual funding after the state provides short-term funding.
Establishes Legislative intent that all children live with a committed, permanent, and nurturing family. Services and supports should be tailored to meet the needs of the individual child and family being served, with the ultimate goal of maintaining the family, or when this is not possible, transitioning the child or youth to a permanent family or preparing the youth for a successful transition to adulthood.
Establishes Legislative intent that, when needed, STRTC program services are a short-term, specialized and intensive intervention that is just one part of a continuum of care available for children, youth, young adults, and their families.
Group Home and Residential Care Reforms
Creates a new licensure category of “short-term residential treatment centers” (STRTCs), on or after January 1, 2017, defined to mean a residential facility licensed by CDSS and operated by a public agency or private organization that provides short-term, specialized and intensive treatment, including core services, as defined, and 24-hour care and supervision, as specified.
Strikes references to “seriously emotionally disturbed,” a determination currently used to permit admission of a child into a level 13 or 14 group home programs, and replaces references with “emotional disturbance” as defined in federal special education law.
Effective January 1, 2017, sunsets existing law permitting a group home for children to accept children assessed as having an emotional disturbance (providing for one-year conditional extensions to individual group homes).
Adds new statute, effective the same date, permitting STRTCs to accept for placement children who do not require inpatient care in a licensed health facility and who have who has been assessed as requiring the level of services provided in the facility to maintain the safety of the child or others, as specified, and who meet one of the following additional conditions:
The child has been assessed as meeting the medical necessity criteria for specialty mental health services under the Medi-Cal Early and Periodic Screening Diagnosis and Treatment (EPSDT).
The child has been assessed as having an emotional disturbance, as defined.
The child has been assessed as requiring the level of services to meet his or her behavioral or therapeutic needs. Additionally the bill provides that in appropriate circumstances this condition may include the following children:
A commercially or sexually exploited child.
A private voluntary placement, where the youth exhibits status offender behavior that the parents or other relatives feel they cannot control, as specified.
A juvenile sex offender.
A child who is affiliated with, or impacted by, a gang.
Effective January 1, 2017, sunsets the existing rate classification structure for group homes, and establishes an interim rate classification process for each individual group home based on the existing point system developed by CDSS. Provides that the interim rate classification process will sunset January 1, 2018.
Permits CDSS to grant extensions for group homes to receive a rate for up to one year on a case-by-case basis, when the county chief probation officer documents a significant risk to the safety of the youth or the public, as specified, until December 31, 2017, followed by case-by-case extensions to be reviewed every six months.
Requires CDSS to develop a new payment structure for STRTCs claiming funding under Title IV-E based on specified factors including specified core services, specialized and intensive treatment supports that cannot be met in a family based setting, staff training, licensing requirements, accreditation, mental health certification, and maximization of federal financial participation.
Prohibits CDSS from establishing a rate for STRTCs or FFAs that provides intensive and therapeutic services unless the provider submits a recommendation from the host county or the primary placing county that the program is needed and that the provider is willing and capable of operating the program at the level sought.
Describes “core services” provided to children and their families that are required to be specified in the STRTC program statement and are to be considered in rate setting. States that core services encompass community service and supports, physical, behavioral, and mental health support and access to services, including specialty mental health services, educational support, life and social support, transitional support services for children, youth, and families who assume permanency, and for children, youth, and families who step down into lower levels of foster care, services for transition-aged youth, services for nonminor dependents, and trauma-informed practices and supports for children and youth, including treatment services.
Requires STRTCs and Community Treatment Facilities as a condition of licensure, and as a condition of eligibility for Aid to Families with Dependent Children-Foster Care (AFDC-FC) placement, to receive accreditation from a nationally recognized accreditation agency, identified by CDSS, with expertise in programs for youth group care facilities.
Requires all STRTCs as a condition of licensure, and as a condition of eligibility for AFDC-FC placement, to maintain in good standing a mental health certification from DHCS, or from a county to which the department has delegated certification, oversight and enforcement authority (currently only RCL 13 and 14 group homes must obtain and mental health certification).
Requires DHCS to promulgate regulations for oversight, enforcement, and due process for the mental health certification of STRTCs and FFAs that provide intensive or therapeutic treatment services.
Requires STRTCs to include, in the program statement, protocols for developing a needs and services plan, in collaboration with a child and family team, that includes a description of the services to be provided to meet the treatment needs of a child, the anticipated duration of the treatment and the timeframe and plan for transitioning the child to a less restrictive environment. Requires that such information be included in the child’s case plan prior to court approval for placement, and similar information as a condition of placement eligibility for AFDC-FC.
Requires interagency placement committees (IPCs) to establish procedures for a ward or dependent of the court, who is to be placed in an STRTC or FFA that provides treatment services, is assessed as having an emotional disturbance. Additionally provides that IPCs or a licensed mental health professional shall perform assessments for specialty mental health services under EPSDT and emotional disturbance.
Conforms applicable administrative, administrator certification, plans of operation, complaint and incident response, and other licensure requirements for group homes to STRTCs as well as audit, overpayment and collections requirements pertaining to federal and state requirements.
Authorizes CDSS to license a temporary shelter care facility operated by a county or agency on behalf of a county, and requires CDSS to consult with counties operating shelters to develop a transition plan, as specified.
Amends court determinations proceedings to reflect the establishment of STRTCs and conforms placement prohibitions for young children with those applying to group homes.
Requires CDSS to develop a system of governmental monitoring and oversight that shall be carried out in coordination with DHCS, to ensure conformity with federal and state law, including program, fiscal and health and safety audits and reviews.
Permits CDSS to license a county as a foster family agency or an STRTC and provides that any existing county-operated FFA or group home, including the group home operated by San Mateo County, shall meet the requirements pertaining to STRTCs and FFAs to receive AFDC-FC funds. Establishes conflict-of-interest provisions pertaining to placement decisions, complaint reporting requirements, cross reporting requirements, disclosures of fatalities and near fatalities.
Establishes practice standards and minimum services for a county child welfare agency operating a licensed temporary shelter care facility. Provides that in no case shall the detention or placement exceed 10 calendar days unless the child welfare agency submits a written report to CDSS within 24 hours, as specified.
Effective January 1, 2017 provides that the amount paid for care and supervision of a dependent infant living with a dependent teenage parent receiving AFDC-FC benefits living in an STRTC shall equal the infant supplement rate for STRTCs.
Child and Family Team
Defines child and family team as a supportive team comprised of the child or youth, the child’s family, the caregiver, the placing agency caseworker, a county mental health representative, and a representative of the child’s or youth’s tribe or Indian custodian, as applicable, that informs the process of placement and services to children and youth in foster care or who are at risk of foster care placement. Permits other individuals to serve on the team, as specified.
States that child welfare services, as defined in existing law, are best provided in a framework that integrates service planning and delivery among multiple service systems, including the mental health system, using a team-based approach, such as a child and family team.
Requires a child’s case plan be developed in collaboration with, and with input from, the child and family team and requires the child welfare agency to consider the recommendations of the team and document the rationale for any inconsistencies between the case plan and team recommendations.
Effective January 1, 2017, provides that, if a treatment placement is selected for the child, a child and family team meeting shall be convened for the purpose of identifying the services and supports needed to achieve permanency and enable the child to be placed in the most family-like setting.
Permits members of a child and family team to receive and disclose specified information and records, with members of the team, subject to state and federal law, and excluding adoption records
Establishes new case plan protocols for probation youth in foster care. Requires case plans to be developed in collaboration with a child and family team and requires the probation agency to document the rationale for any inconsistencies between the case plan and the child and family team recommendations.
Requires an interagency placement committee to include recommendations of the child and family team in its determination for placement in an STRTC or FFA and to include such recommendations in transmitting an approval or disapproval to the placing agency and facility.
Requires the child and family team to periodically review the placement of a child or youth in an STRTC or FFA that provides intensive and therapeutic treatment, and if the team recommends that the youth no longer needs that placement, requires a disapproval be transmitted to the placing agency and the child or youth be referred to an appropriate placement.
Foster Family Agency (FFA) Reforms
Permits probation agencies to place probation youth into a certified family home of a Foster Family Agency.
Requires all FFAs that provide treatment services to maintain in good standing a mental health certification from DHCS, or from a county to which the department has delegated certification, oversight and enforcement authority.
Permits an FFA that provides treatment services to accept for placement children who do not require inpatient care in a licensed health facility and who meet one of the following additional conditions:
The child has been assessed as meeting the medical necessity criteria for specialty mental health services under EPSDT.
The child has been assessed as having an emotional disturbance, as defined.
The child has been assessed as requiring the level of services to meet his or her behavioral or therapeutic needs.
Provides that assessments pertaining to EPSDT medical necessity determinations and emotional disturbance shall be made by an interagency placement committee or a licensed mental health professional.
Requires an FFA provider, prior to receiving a rate from CDSS, to submit a recommendation from the host county of the primary placing county that the program is needed and that the provider is willing and capable of operating the program at the level sought.
Effective January 1, 2017, sunsets the existing rate-setting system for FFAs and establishes an interim rate system for FFAs that have been granted an extension. Provides that the interim rate classification process will sunset January 1, 2018. Permits CDSS to provide an exception to new FFAs to receive a rate under the former rate structure for up to one year.
Requires CDSS to develop a new payment system for FFAs that provide nontreatment, intensive treatment and therapeutic foster care programs which considers federally eligible administrative activities social work activities, social work and mental health services, as well as intensive treatment or therapeutic services, core services, staff training, licensing requirements, a process for accreditation, as specified, mental health certification, populations served, as specified.
Other Foster Care System Reforms
Effective January 1, 2017, sunsets existing foster parent training provisions and replaces statute with revised requirements and structure. Provides that the training must include a minimum of 8 hours annually, permits training to be conducted in a classroom setting, online, or individually, and provides that a portion of the training be from a series of topics (instead of requiring a uniform list of training components):
Age-appropriate child and adolescent development.
Health issues in foster care, including the administration of psychotropic medication.
Positive discipline and the importance of self-esteem.
Preparation for youth and youth adults for a successful transition to adulthood.
The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and not to 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.
Instruction on cultural competency and respect relating to, and best practices for providing adequate care to lesbian, gay, bisexual and transgender youth in out-of-home care.
Permits respite care services to be extended for up to 14 days in any one month pending the development of policies and regulations in consultation with county placing agencies and stakeholders.
Enacts various implementation provisions pertaining to the Resource Family Approval process, which pursuant to current law is anticipated to be implemented statewide July of 2017, including:
Establishes procedures pertaining to denials, rescissions, or exclusion actions.
Ensures completion of caregiver training, as specified.
Provides for FFAs to approve resource families in lieu of certifying foster homes.
Permits resource families caring for a person with a developmental disability under certain circumstances to install and use delayed egress devise that delay departure for no more than 30 seconds.
Permits a resource family to administer emergency medical assistance and injections for severe hypoglycemia and anaphylactic shock, and insulin, as specified.
Provides that a resource family shall not be subject to civil penalties pertaining to licensure requirements.
Requires that out-of-state group homes shall meet all licensure standards required of short-term residential treatment centers operated in the state including an accreditation and mental health certification, as specified, unless granted an extension.
Effective January 1, 2017, sunsets existing rate for wraparound services and establishes new rate structure, effective same date, as specified, to which annual cost-of-living increases shall be applied.
Authorizes the continued licensure of San Pasqual Academy permitting it to continue to offer residential placements for the purpose of attending an onsite high school as long as it submits a transition plan describing how the program will comply with provisions of this bill.
Requires CDSS to provide periodic progress updates to the legislature.
FISCAL IMPACT
An Assembly Appropriations Committee analysis notes that the 2015-16 Governor's Budget includes $9.6 million ($7 million GF) to begin implementation of the CCR reforms contained in this bill. The current provisions of this bill have not been analyzed by a fiscal committee.
The final human service trailer bill included $25 million General Fund to support foster parent recruitment, retention, and support; $7 million General Fund for housing supports for child welfare families, and $3 million General Fund to support the federal Strengthening Families Act.
BACKGROUND AND DISCUSSION
Purpose of the bill:
According to the author, this bill is a comprehensive reform effort to make sure that youth in foster care have their day-to-day physical, mental, and emotional needs met; that they have the greatest chance to grow up in permanent and supportive homes; and that they have the opportunity to grow into self-sufficient, successful adults. The author states that, to the extent that children are provided needed services and support, this bill transitions children away from congregate care into home-based family care with resource families. In addition to new services and supports for resource families, the author states that this measure establishes targeted training and support that can better prepare families to help care for foster youth.
The author further states that this bill is necessary to advance California’s long-standing goal to move away from the use of long-term group home care by increasing youth placement in family settings and by transforming existing group home care into places where youth who are not ready to be placed with families can receive short term, intensive treatment. The measure creates a timeline to implement this shift in placement options, and it calls for the adoption of new standards and performance measures.
Background
California is home to more than 67,000 child welfare and probation foster youth who have been removed from their homes as a result of traumatic life events usually involving severe abuse and neglect. Studies show that children who come into contact with child protective services are likely to have many “adverse experiences” including physical, mental and emotional maltreatment, homelessness and domestic violence, among others.1 Moreover there is growing evidence that a child’s removal from home is itself a direct cause of trauma, and frequent placement changes and long-term placement in foster care exacerbate the impact.2
According to the American Orthopsychiatric Association, a child’s long-term residence in congregate group care, which relies on shift staff to serve as caregivers has been shown to have “inherently detrimental effects on the healthy development of children, regardless of age” and “should be used for children only when it is the least detrimental alternative.” Additionally, research shows that group care may inherently increase problematic behaviors in children, cause psychological and physical harm to children, and that long-term placement in congregate care has no therapeutic benefit to traumatized children.3
In recent years, federal law4 has increasingly directed states to implement policies designed to ensure that children are placed in a permanent home quickly, either through reunification, adoption, guardianship, or permanent placement with a fit and willing relative and to reduce congregate care and long-term foster care. To that end, federal law has prohibited long-term foster care for children less than 16 years of age, strengthened case plan requirement, expanded relative notification efforts, increased incentives for adoption and guardianship and expanded reporting requirements.
A recent federal study published by the US Administration for Children and Families states “stays in congregate care should be based on the specialized behavioral and mental health needs or clinical disabilities of children. It should be used only for as long as is needed to stabilize the child or youth so they can return to a family-like setting.” However the study found that a large percentage of children in congregate care had no apparent clinical indicators, potentially indicating that placing agencies “may be placing children in congregate care settings due to limited alternative placements.” 5
In the case of youth who do have clinical indicators associated with trauma and abuse or personal characteristics (such as delinquency status, sexual orientation, etc.), it is often believed that a group home is the only possible placement for the child because finding a willing permanent home is not possible. As of January 2015, 48 percent of dependent youth placed in group homes in California had been there more than two years, and 23 percent had been there over five years. Many of these children who linger in congregate care receive a case plan designation of “long-term foster care” which means the child is expected to reach adulthood while in foster care, without ever finding a permanent family. Studies show that foster youth who can not be reunified with their parents only to emancipate from foster care without finding a permanent home have substantially higher rates of homelessness, unemployment, incarceration and arrest and lower graduation rates.
Increasingly, and aided by recent lawsuits, the development of intensive treatment services provided in a home based setting, wraparound service models, respite care and family finding services have called into question the need for such widespread use of congregate care and long-term foster care. Pilot projects have found that in even the most challenging of circumstances, “forming permanent connections for older foster youth is achievable; it increases their likelihood of avoiding dire consequences and achieving successful independence” and that “after a startup period, services can be sustained long term at no net cost to the counties or state.”
Continuum of Care Reform Efforts
In response to SB 1013 (Committee on Budget and Fiscal Review, Chapter 35, Statutes of 2012), which called for the department to establish a working group to develop recommended revisions to the current rate-setting system, services, and programs serving children and families in the continuum of foster care settings, CDSS led a three-year stakeholder effort. Early this year the department published a report entitled “California’s Child Welfare Continuum of Care Reform.” which outlined a comprehensive approach to improving California’s child welfare system by reforming the system of placements and services directed at youth in foster care.
The report envisions new models of care for foster youth, including providing all foster youth with access to a child and family team – instead of relying solely on a single social worker – and empowering those child and family teams to utilize a more consistent assessment tool that identifies the needs of the child. Rather than leaving a child to “fail upwards” into a group home before the child is provided more intensive services, the report envisions providing needed treatment and services in homes, and relying on group homes only for short-term treatment placements.
Child Welfare Services
California has a complex child welfare system incorporating federal, state and local funds expended for the broad purpose of child welfare, including prevention services, family maintenance, foster care, adoption and guardianship assistance, case management, family finding, family engagement, needs assessments, and other services. The federal Administration of Children and Families (ACF) administers numerous federal grants intended to assist states with child abuse prevention and response and to support the foster care system which provides board and care payments for eligible dependent children. Within the statutorily established parameters for each grant, states have substantial flexibility in how to apportion funds but are accountable to significant federal oversight of program administration.
Prior to realignment, the annual Budget Act included funding estimates for a variety of child welfare programs and services designed to help prevent children from out of home placement, or if removal from home is necessary, to notify, search for and engage potential relative caregivers, to support youth with therapeutic supports in the placement, foster and adoptive family recruitment programs, foster parent training programs, identification of a “special relationship” with an adult for children in long term group care, programs to coordinate the health and mental health needs of children, family based case planning and others. Subsequent to realignment, county spending on some of these services is largely discretionary.
To the extent that this bill reduces reliance on congregate care, any savings would accrue to the county for other child welfare services uses. This could allow for new opportunities for counties to better maximize federal reimbursement for more clinical child welfare services that are eligible for funding under Medi-Cal.
Under Realignment, CDSS and stakeholders will be reliant on county welfare and mental health departments to direct monies toward increased services and supports for children residing in foster homes and relative homes. Successful implementation of this bill will depend on the availability of these services and supports for children and families in order to ensure sufficient availability of homes and stable placements.
Mental Health Services for Foster Youth
A principal point of access for mental health services for foster youth is though specialty Medi-Cal mental health services, provided by county-operated mental health plans. County mental health plans may provide mental health services directly, or by contracting with local providers. Foster youth, like all children enrolled in Medi-Cal, are eligible for the EPSDT benefit. This uncapped entitlement provides for periodic screenings to determine a child’s medical needs and, based upon the identified health care need, treatment services are to be provided. EPSDT mental health services provide Medi-Cal enrolled children access to a continuum of mental health services including:
Mental health assessment;
Crisis Intervention/Stabilization;
Day Rehabilitation/Day Treatment Intensive;
Intensive Care Coordination;
Medication support services;
Targeted case management;
Therapeutic behavioral services.
EPSDT provides children with a benefit at an exceptionally high standard of care. According to the U.S. Department of Health and Human Services:
“While there is no federal definition of preventive medical necessity, federal amount, and duration and scope rules require that coverage limits must be sufficient to ensure that the purpose of a benefit can be reasonably achieved. Since the purpose of EPSDT is to prevent the onset of worsening of disability and illness and children, the standard of coverage is necessarily broad... the standard of medical necessity used by a state must be one that ensures a sufficient level of coverage to not merely treat an already-existing illness or injury but also, to prevent the development or worsening of conditions, illnesses, and disabilities.” 6
California’s system of children’s mental health care is highly fragmented with significant geographic gaps in access to services as each county prioritizes resources and develops its network of providers with little oversight or statewide standards. Stakeholders widely describe the limited availability and scope of county mental health services for children despite repeated assurances from the DHCS and county mental health departments that services are available to all children who meet very broad medical necessity criteria under EPSDT.7
Katie A. Settlement
Recently, the state settled the Katie A. v Bonta case, a lawsuit filed on behalf of children in California who are in foster care or at imminent risk of foster care placement, have a documented mental health need, and who need certain individualized mental health services to treat or ameliorate their illness or condition. The lawsuit centered on a finding that certain foster youth who meet the medical necessity criteria for Specialty Mental Health Services or EPSDT were not receiving the mental health benefits for which they were eligible.
In response, the state of California has agreed to establish three new Medi-Cal specialized mental health services aimed at meeting the needs of the youth who are covered under the settlement.8 In fulfilling the obligations of the settlement, DHCS and CDSS have drafted a Core Practice Model to provide guidance and establish a standard of care for county child welfare and mental health agencies, and other service providers that provide services to youth covered under the settlement. The departments have jointly released two documents, however, these services are targeted at youth exhibiting significant mental health challenges, and do not address the consistent lack of a trauma-informed mental health services aimed at serving youth who exhibit indicators of trauma, but have yet to develop severe symptoms.
Reforms Envisioned by AB 403
This bill reflects a substantial, though incomplete, effort to begin implementation of the ambitious “continuum of care reform” that is described in the departmental report. This bill incorporates several primary areas of reform:
Dismantles the existing rate classification structure, licensure, and eligibility criteria for group homes, replacing it with STRTCs that incorporate increased standards of care, shortened duration of stay, and stricter criteria for initial placement. This policy is likely to have the effect of reducing the overall number of beds available for congregate care, and will make it harder for placing agencies to place a child who does not have a true clinical need for congregate care. As a result counties will need to quickly increase the availability of foster homes or relative caregivers.
Revises the existing licensure, rate structure and eligibility criteria for Foster Family Agencies, which recruit, certify and provide services to foster family homes. The new structure envisions a model of FFAs that are prepared and funded to provide intensive treatment level services (currently often unavailable outside of a group home) in a foster home setting, enabling children with emotional or behavioral health challenges to remain with a family.
Expands the role of the child and family team in guiding the development of a child’s case plan, so that a social worker is not solely responsible for decisions about the care of a child. Existing use of child and family teams has shown the model to be an important tool for flexibly building a network of child welfare mental health and educational services to best support the child and his or her family.
Expands the level of integration between mental health services and child welfare services available to children who either reside in an STRTC or who are served in a home through an FFA. By requiring STRTC or FFAs to obtain a mental health certification, and including an EPSDT specialty mental health assessment as one criteria for placement, this bill is likely to have the effect of encouraging greater interdepartmental collaboration at the local level, and increase providers’ ability to provide a more complete range of child welfare and mental health services to the child.
Addresses some barriers to achieving an adequate supply of relative and foster family homes. This bill continues implementation of the Resource Family Approval (RFA) Program, which was established as a permanent statewide program through SB 1013 (Committee on Budget and Fiscal Review, Chapter 35, Statutes of 2012). Under the program, CDSS is required to implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, approving relatives and nonrelative extended family members as foster care providers, approving guardianships, and approving adoptive families. This model is currently being implemented as a five county pilot, however it is anticipated to take effect statewide July 2017.
This bill modernizes foster parent training programs, making curriculum more flexibile according to the specialized training needs of individual children and families.
By providing for the establishment of a series of “core services” that FFAs are required to provide, including specialty mental health services, and by enabling FFAs to approve and serve all resource families this bill is likely to enable counties to better support foster parents and relative caregivers with the services needed to maintain stable placements and prevent the need for STRTC placement.
Related legislation:
SB 1013 (Committee on Budget and Fiscal Review, Chapter 35, Statutes of 2012), called for CDSS to establish a working group to develop recommended revisions to the current rate-setting system, services, and programs serving children and families in the continuum of foster care settings. Additionally this bill enacted the Resource Family Approval (RFA) Program.
COMMENTS
Several sections of this bill reference the need for CDSS to consult with stakeholders regarding specific aspects of the implementation of this legislation. In the interest of ensuring that such consultation and oversight is coordinated and comprehensive, staff recommends that the author add a provision as this bill moves forward for the convening of a larger workgroup or workgroups that would include legislative staff, counties, and advocates to address critical issues in the initial and ongoing implementation of this legislation. Subjects addressed by this workgroup may include, but are not limited to the following:
Rate development for STRTCs, FFAs and across the continuum of care
Assessments
Recruitment and retention of home-based family caregivers
Availability of core services, including specialty mental health services, across placement types
Meeting the needs of special populations within the child welfare system
Mental health certification process
Licensure simplification for foster homes
Outcomes and Accountability measures and data collection
The author and CDSS have worked continuously with stakeholders to address both technical and substantive concerns. Following recent and ongoing meetings, the author and CDSS propose a number of technical or clean-up amendments in the following general areas: Clean-up language related to parallel requirements for FFA and STRTCs plan of operation and training requirements across provider groups; grandfathering language for existing RFA homes, additional language on foster parent/relative recruitment and retention; reversion of “emotional disturbance” language to “seriously emotionally disturbed;” amendments to Provisional Rate Language related to the accreditation timeline; removal of the distinction between treatment and non-treatment FFAs; clean-up language around core services; and additional amendments responding to feedback from stakeholders. A mock-up of the 200-page amendments is available from the committee upon request.
PRIOR VOTES
Assembly Floor: |
79 - 0 |
Assembly Appropriations Committee: |
17 - 0 |
Assembly Human Services Committee: |
7 - 0 |
POSITIONS
Support:
California
Department of Social Services (Sponsor)
California Alliance of Child and Family Services
California State Association of Counties
County Behavioral Health Directors Association of California
County of Yolo, Board of Supervisors
County Welfare Directors Association of California
Youth Law Center
Oppose:
Beta Foster Care
Orange County Board of Supervisors
-- END –
1 Ensuring Safety, Well-Being and Permanency for Our Children. University of North Carolina, Chapel Hill Injury Prevention and Research Center. http://www.unc.edu/depts/sph/longscan/pages/DDCF/LONGSCAN%20Science%20to%20Practice.pdf
2 http://tucollaborative.org/pdfs/Toolkits_Monographs_Guidebooks/parenting/Factsheet_4_Resulting_Trauma.pdf
3 http://dev.jimcaseyyouth.org/sites/default/files/Group%20Care%20Consensus.pdf
4 Fostering Connections to Success and Increasing Adoptions Act of 2008 (P.L. 110-351) and the Preventing Sex Trafficking and Strengthening Families Act (P.L. 113-183)
5 http://www.acf.hhs.gov/sites/default/files/cb/cbcongregatecare_brief.pdf
7 http://www.kidsdata.org/topic/64/special-needs-referrals-difficulty/table#fmt=323&loc=1774,2&tf=74&ch=136,135
8 “Medi-Cal Manual for Intensive Care Coordination (ICC), Intensive Home Based Services (IHBS) and Therapeutic Foster Care (TFC) for Katie A. Subclass Members.” DHCS and CDSS. 2013.
AB 403
Page 9
ASSEMBLY THIRD READING
AB 403
(Mark Stone)
As Amended June 1, 2015
Majority vote
Committee |
Votes |
Ayes |
Noes |
Human Services |
7-0 |
Chu, Mayes, Calderon, Lopez, Maienschein, Mark Stone, Thurmond |
|
Appropriations |
17-0 |
Gomez, Bigelow, Bonta, Calderon, Chang, Daly, Eggman, Gallagher, Eduardo Garcia, Gordon, Holden, Jones, Quirk, Rendon, Wagner, Weber, Wood |
|
SUMMARY: Implements Continuum of Care Reform recommendations to better serve children and youth in California’s child welfare services system. Specifically, this bill:
Describes the goals of the child welfare services system and the underlying principles of this bill, which pertain to providing more appropriate services and supports and creating faster paths to permanency for children in the system through reducing the use of congregate care and other means.
Revises and expands training for resource families by, among other things, adding and updating training topics to include: health issues in foster care and the administration of psychotropic and other medications; accessing behavioral health services available to foster children; cultural needs of children; and permanence and well-being needs of children. Replaces the training pertaining to emancipation and independent living skills with training on preparation for youth and young adults for a successful transition to adulthood.
Modifies and expands supports by: including among children and youth eligible for county wraparound services those who would otherwise, beginning January 1, 2017, be accepted for placement into a short-term residential treatment center; revising the current rate methodology for county wraparound services and codifying the rate ($8,573/month), as well as indicating conditions under which the rate will be increased; and supporting children’s connections with their families as a component of supporting foster parents.
Establishes core services to be provided to children in the child welfare services system as services that encompass community services and supports, permanency-related services, medical and mental health support and access to services, educational support, life and social support, transitional support services upon discharge, biological parent and resource family supports, and services for nonminor dependents.
Sunsets the operation and use of group homes as a placement option for children as of January 1, 2017, with the exception of group homes that have been granted an extension, as specified, for which operation cannot continue beyond January 1, 2018.
Defines a short-term residential treatment center (STRTC) as a residential facility that provides short-term, specialized and intensive treatment, and 24-hour care and supervision, to children in a structured environment, as specified. Authorizes a county to operate an STRTC.
Revises the programs in which a child or non-minor dependent can be placed in order to be eligible for Aid to Families with Dependent Children-Foster Care (AFDC-FC) funds beginning January 1, 2017, except as specified until January 1, 2018, and includes among the allowed placement types a licensed foster family agency (FFA) for placement into an accredited treatment foster home or nontreatment foster home, as specified, an STRTC, and a community treatment facility for children who are assessed as having an emotional disturbance, as specified.
Authorizes placement of a child or youth into a group home, as applicable, or an STRTC, only when the case plan indicates that placement is for purposes of providing short-term, specialized and intensive treatment for the child, the case plan specifies the need for, nature of, and anticipated duration of this treatment, and the case plan includes transitioning the child to a less restrictive environment, the projected timeline for doing so, and an indication that the county has taken into consideration the intent of the Legislature that no child or youth reside in group care for longer than one year.
Includes STRTCs in current provisions related to the Interstate Compact on the Placement of Children and requires that, as of January 1, 2017, all out-of-state group homes certified by the Department of Social Services (DSS) be accredited, as specified, and have a mental health certification equivalent to that required of STRTCs and FFAs that provide treatment services in order to receive an AFDC-FC rate, except as indicated for out-of-state group homes that are granted an extension.
Requires DSS to license STRTCs, beginning, January 1, 2017, and requires DSS to establish standards for the education, qualification, and training of facility managers and child care staff in STRTCs consistent with the intended role of these facilities to provide short-term, specialized, and intensive treatment. Authorizes DSS to license a facility meeting all applicable criteria as an STRTC prior to January 1, 2017.
Requires DSS to develop a system of governmental monitoring and oversight of STRTCs and FFAs, including ensuring program conformity with federal and state laws through program, fiscal, and health and safety audits and reviews, which shall be carried out in coordination with the Department of Health Care Services (DHCS). Authorizes DSS to inspect FFAs and STRTCs according to the system developed.
Requires DSS to establish requirements for licensed group homes that are transitioning to STRTCs and authorizes DSS to inspect an STRTC according to the system of governmental monitoring and oversight developed.
Authorizes STRTCs and FFAs that provide intensive therapeutic treatment to accept children who are placed privately, provided the children have been determined to be having an emotional disturbance by a mental health professional, as specified.
Requires an existing county-operated FFA or group home to, commencing January 1, 2017, be classified as and meet the AFDC-FC eligibility requirements set forth for FFAs and STRTCs, respectively, including mental health certification and accreditation, as specified.
Revises the priority of placement when out-of-home placement is used to attain a child’s case plan goals. Provides that the selection of the most appropriate environment for a child shall consider, in order of priority: placement with relatives, nonrelated extended family members, and tribal members; foster and resource family homes and nontreatment certified homes of FFAs; treatment and intensive treatment certified homes of FFAs; multidimensional treatment foster care homes or therapeutic foster care homes; group care placements in the order of STRTCs, group homes, community treatment facilities, and out-of-state residential treatment, as specified.
Defines a child and family team (CFT) as a supportive team that informs the process of placement and services to children and youth in foster care or who are at risk of foster care placement. Requires the CFT to include, at least, the child or youth, the child’s family, the caregiver, the placing agency caseworker, a county mental health representative, and a representative of the child’s tribe or Indian custodian, as applicable, and identifies others that may also be included in the CFT, as specified.
Requires a CFT meeting, as specified, to be convened for the purpose of determining the appropriateness of a placement and whether there are any appropriate, less restrictive, and more family-like alternatives, when any treatment foster care placement is being considered for a child after January 1, 2016.
Requires the county mental health representative included in the CFT to be a licensed mental health professional if placement into an STRTC occurred or is being considered for the child.
Establishes requirements for the selection and inclusion of additional CFT members and requirements related to convening, communication, and the sharing of information among members of the CFT. Establishes strict confidentiality standards, as specified.
Prohibits the acceptance of an AFDC-FC funded child into an STRTC or FFA that provides treatment services, beginning January 1, 2017, without approval in writing from the CFT or the interagency placement committee, except in the case of an emergency in which certain conditions exist, as specified.
Requires DSS to develop and establish a certification training program for STRTC administrators, and requires that a separate administrator certification training program be adopted for group home administrators who desire to become STRTC administrators.
Revises provisions in current law related to how interagency collaboration and children’s program services are structured to facilitate implementation of the Children’s Mental Health Services Act, beginning January 1, 2017. Recasts provisions related to an interagency placement committee’s assessment of a dependent child or ward of the court as having an emotional disturbance to include possible placement in STRTCs and FFAs that provide treatment services, as specified.
Requires the interagency placement committee to determine whether a child requires out-of-home care provided by an STRTC or FFA that provides treatment services, within 30 days of placement, with recommendations from the CFT, and establishes procedures through which the child can be referred to a more appropriate placement pursuant to periodic review of level of need by the CFT, in addition to other statutorily required periodic placement reviews, as specified.
Requires all STRTCs and FFAs that provide intensive treatment services to, as a condition of licensure and receipt of an AFDC-FC rate, obtain and have in good standing a mental health certification issued by DHCS or a county to which DHCS has delegated certification authority, beginning January 1, 2017.
Sunsets the use of the Rate Classification Level (RCL) system for the purpose of setting rates for group homes as of January 1, 2017, unless the rate is extended pursuant to an extension granted by DSS, for up to one year, upon receiving a written request and supporting documentation showing that without the exception there is a material risk to the welfare of children due to an inadequate supply of appropriate alternative placement options to meet their needs. Allows the extension provided by DSS to include time to meet either the program accreditation or mental health certification requirement.
Prohibits any payment to a group home upon the termination of the existing group home rate under the RCL system unless an application is approved and a rate is granted by DSS for the group home to become an STRTC or an FFA, as specified.
Terminates the current FFA rate system as of December 1, 2016, and prohibits a new FFA from being established pursuant to the current rate, unless the rate is extended pursuant to an extension granted by DSS, for up to one year, upon receiving a written request and supporting documentation showing that without the exception, there is a material risk to the welfare of children due to an inadequate supply of appropriate alternative placement options to meet their needs. Allows the exception provided by DSS to include time to meet either the program accreditation or mental health certification requirement.
Prohibits DSS from establishing a rate for an STRTC or FFA that provides treatment services without a recommendation from the host or primary placing county that the program is needed and that the provider is willing and capable of operating the program at the level sought.
Requires DSS, in the development of new rate structures, to consider and provide for placement of all children who are displaced as a result of reclassification of treatment facilities and to consider the impact on youth being transitioned to alternate programs as a result of the ratesetting system, as specified.
Authorizes DSS to establish participation conditions for FFAs to participate in early implementation of the resource family approval program, as specified, and authorizes the department to adjust the newly established FFA rate for this purpose.
Requires DSS to establish a foster care rate for each community treatment facility program and requires all community treatment facility programs to be accredited by a nationally recognized accrediting entity identified by DSS, as specified, commencing January 1, 2017.
Requires DSS to publish and make available on its Internet Web site STRTC and FFA provider performance indicators beginning January 1, 2017, and at least annually thereafter.
Replaces numerous references to group homes in existing statute with references to STRTCs, including provisions related to administrative requirements for licensing, basic health and safety requirements, age requirements for individuals providing care and supervision, the placement of infants with their parents in care, and civil penalties and enforcement actions.
Requires DSS to work with counties that operate shelters, probation agencies, homeless shelter providers, residential education providers, and others to identify jointly developed alternative timeframes or criteria to be met in order to address the unique circumstances and needs of the populations they serve, while remaining consistent with the principles of this act. Specifically permits, as of January 1, 2017, the continued operation of facilities that were operating prior to January 1, 2015, that have a licensed capacity greater than 184, and that offer placements for the purpose of attending an onsite high school, provided these facilities submit a transition plan detailing how they will comply with the provisions of this bill within a timeframe approved by DSS, and provided they are appropriately licensed by DSS.
EXISTING LAW:
States that the purpose of foster care law is to provide maximum safety and protection for children who are being physically, sexually or emotionally abused, neglected, or exploited and to ensure the safety, protection, and physical and emotional well-being of children at risk of such harm. (Welfare and Institutions Code (WIC) Section 300.2)
Declares the intent of the Legislature to, whenever possible: preserve and strengthen a child’s family ties, reunify a foster child with his or her relatives, or when family reunification is not possible or likely, to develop a permanent alternative. Further states the intent of the Legislature to reaffirm its commitment to children who are in out-of-home placement to live in the least restrictive, most family-like setting and as close to the child’s family as possible, as specified. (WIC Section 16000)
Requires out-of-home placement of a child in foster care to be based upon selection of a safe setting that is the least restrictive or most family-like and the most appropriate setting available and in close proximity to the parent’s home, the child’s school, and best suited to meet the child’s special needs and best interests. Further requires the selection of placement to consider, in order of priority, placement with relatives, nonrelated extended family members, tribal members, and foster family homes, certified homes of foster family agencies, intensive treatment or multidimensional treatment foster care homes, group care placements, such as group homes and community treatment facilities, and residential treatment, as specified. (WIC Section 16501.1(c)(1))
States the intent of the Legislature that no child or youth in foster care reside in group care for longer than one year. Further requires DSS to update the Legislature regarding the outcomes of assessments of children and youth who have been in group homes for longer than one year and the corresponding outcomes of transitions, or plans to transition them, into family settings. (WIC Section 16010.8)
Requires DSS to establish a working group, in consultation with stakeholders, charged with developing recommended revisions to the current rate-setting system, services, and programs provided by foster family agencies and group homes, as specified. Further requires the working group to consider, among other things, how to ensure the provision of services in family-like settings and submit a report on its recommendations to the Legislature by October 1, 2014. (WIC Section 11461.2)
Requires DSS, in consultation with county child welfare agencies and other identified stakeholders, to implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, approving relatives and nonrelative extended family members as foster care providers, and approving adoptive families. Defines resource family as an individual or couple that a participating county determines to have successfully met both the home approval standards and permanency assessment criteria, as specified, 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. (WIC Section 16519.5)
Enumerates rights of minors and nonminors in foster care, including but not limited to the right to: live in a safe, healthy, and comfortable home where he or she is treated with respect; be free from physical, sexual, emotional, or other abuse, or corporal punishment; receive adequate and healthy food, adequate clothing, and, for youth in group homes, an allowance; receive medical, dental, vision, and mental health services; be involved in the development of his or her own case plan and plan for permanent placement; and review his or her own case plan and plan for permanent placement, if he or she is 12 years of age or older and in a permanent placement, and receive information about his or her out-of-home placement and case plan, including being told of changes to the plan. (WIC Section 16001.9)
States the intent of the Legislature that foster parents, and potential foster parents, receive training in order to assist them in being effective caregivers and to enhance the safety and growth of children placed with them. Further states the need to develop a basic curriculum, a program for continuing education, and specialized training for parents caring for children with unique needs. (Health and Safety Code (HSC) Section 1529.1)
Requires every licensed foster parent to complete a minimum of 12 hours of foster parent training, as specified, prior to any foster youth being placed with him or her. Further requires a licensed foster parent to complete at least eight hours of foster parent training, as specified, annually. (HSC Section 1529.2(b))
Requires DSS or its designee to perform initial and continuing inspections of out-of-state group homes in order to either certify that they meet 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. (Family Code Section 7911.1)
FISCAL EFFECT: According to the Assembly Appropriations Committee, the Governor's 2015-16 Budget proposal includes $9.6 million ($7 million General Fund) to begin implementation of the reforms contained in this bill.
COMMENTS: On January 1, 2015, there were 62,898 children in foster care in California. Approximately 35% of these youth were placed with relatives, non-relative extended family members, or in a tribe-specified home. Another 25% were placed with foster family agencies or foster family agency certified homes, and almost 9% were placed in foster family homes and small family homes. There were 3,796 children and youth placed in group homes. This bill establishes the framework for a sea change in how California provides treatment and services to children and families involved in the state’s child welfare system.
Challenges within the current CWS system: There has been growing consensus in the field of child welfare, at both the national and state levels, that institutionalized settings for foster youth should be used sparingly. The placement of maltreated children in group home settings has been increasingly viewed as a temporary solution in instances where emergency or crisis treatment is warranted. Yet, as of January 2015, 48% of youth placed in group homes in California via the child welfare services (CWS) system had been there over two years, and 23% had been there over five years, indicating stays longer than what might have been necessary if appropriate, intensive treatments had been deployed upon placement.
Continuum of Care Reform: The Legislature has worked and continues to work with various entities in and around the CWS system to focus on family reunification and permanency by seeking ways to best address the needs of foster youth through less restrictive, more supportive placements and services. SB 1013 (Senate Budget and Fiscal Review) Chapter 35, Statutes of 2012, realigned CWS to counties, established a moratorium on the licensing of new group homes, and required DSS to convene a stakeholder workgroup. This workgroup was charged with examining the use of group homes in California and providing recommendations to the Legislature and the Governor on how to reform this use. In January 2015, DSS submitted the Continuum of Care Reform (CCR) workgroup report to the Legislature, which included general and fiscal recommendations, alongside recommendations on home-based family care, residential treatment, and performance measures and outcomes. The report reinforced the view that group home settings are best used sparingly and temporarily, stating that:
The foundation of [these] recommendations is that all children, including those in out-of-home care, deserve to grow up in families and develop a sense of community. Their families, including foster families, also at times need assistance and support to address stressors to avert crises. For those children and youth in crisis or whom otherwise initially cannot safely get the appropriate breadth and/or intensity of services they require in a family based setting, they can access high quality, short term, treatment oriented congregate care (which includes planning for a move to home-based family care as soon as reasonably possible).
Need for this bill: In addition to establishing logistical considerations for this restructuring of the CWS system (e.g., timeline for the implementation of new, short-term treatment oriented care models, phasing out of group home settings and their associated rate methodologies), this bill goes beyond what is written in current CWS law and how it is implemented across the state to uphold the notion that every child has the right to be raised in a family instead of an institutional setting.
For some children and youth, the abuse, neglect and other factors that led to their removal from their home necessitate intensive, therapeutic treatment that is beyond the scope of what a nontreatment family setting can provide for them. Within the current child welfare system, foster family agencies (FFAs) that provide treatment are used by counties to provide children and youth more intensive treatment services than what can be provided to them in an available family home and without which group home placement would be necessary. With the same focus on ensuring a child or youth’s treatment needs can be met, this bill creates and authorizes licensure of new, short-term congregate care settings and phases out group homes as they are known and used today. Short-term residential treatment centers (STRTCs) are created under this bill to provide short-term, intensive and specialized 24-hour care and supervision to a child or youth who cannot be safely served at home and for whom such care has been determined necessary and is identified in his or her case plan. The care provided in an STRTC is intended to help a child or youth stabilize quickly for reunification or a move to a resource family.
In order to ensure children and youth receive the services necessary to meet their mental health needs, FFAs that provide treatment and STRTCs will be required, under this bill, to be certified by the Department of Health Care Services or a county mental health plan to provide medically necessary mental health services. (This certification requirement exists in current law for high level group homes that accept children identified as having an emotional disturbance.)
Additionally, to further the goals of reunifying children with their families when possible or moving them to less restrictive settings, this bill requires both FFAs and STRTCs to provide "core services" that "encompass community service and supports, permanency-related services, medical and mental health support and access to services, educational support, life and social support, transitional support services upon discharge, biological parent and resource family supports, and services for nonminor dependents. " DSS is explicitly encouraged to adopt policies, practices and guidance to ensure that the education and training for care staff in STRTCs is particularly focused on "crisis intervention, behavioral stabilization, other treatment-related goals, and connections between those efforts and work towards permanency for children."
Finally, as a means of ensuring FFAs and STRTCS are providing high quality services, this bill requires FFAs and STRTCS to be accredited by, and remain in good standing with, a national accrediting body identified by DSS in order to receive a foster care rate. This bill phases-out the rate setting methodologies in current law for existing CWS services and placement types, and requires DSS to establish new rates that will consider, among other things, the specialized services to be provided and accreditation requirements.
An essential component for the success of the CWS reform outlined in this bill will be the building up and bolstering of the available corps of resource families: those individuals or families wishing to provide foster care, adopt, or both. As with any parent or caregiver, whether biological or not, a key factor in ensuring a successful relationship, in addition to the services available to children and youth, is support for their parent or caregiver. In 2009, DSS, the County Welfare Directors Association, and the Youth Law Center joined forces to establish a statewide approach to the recruitment and retention of high quality caregivers for the child welfare system called the Quality Parenting Initiative (QPI). With 18 counties currently participating, the QPI focuses on using a county-based recruitment, training, and retention model that encourages individuals and families to become resource families while ensuring the system supports families whenever and however necessary to help them be effective and loving parents. The key elements of the QPI, as outlined by the Youth Law Center are: to define the expectations of caregivers, to clearly articulate these expectations, and to align the system so that those goals can become a reality.
Built on the same assumption that training on, and preparation for, caring for a child or youth is an essential resource that facilitates successful outcomes, this bill recasts training requirements for all resource families and includes new training topics (e.g., the rights of children in foster care and the foster parent’s responsibility to safeguard those rights, the permanence and well-being needs of children, a foster parent’s responsibility to act as a reasonable and prudent parent and to maintain the least restricive, most family-like environment that serves the needs of the child), which are intented to help normalize a child’s or youth’s experience and provide a continuum of quality parenting regardless of whether the child or youth will eventually be able to reunify with his or her biological parents.
Markers set for future steps to be taken: Although this bill establishes an overall framework for reforming how the state uses and pays for congregate care and other CWS services, some details are not spelled out and are left to be developed by DSS, often in concert with child welfare stakeholders. One such detail pertains to the rates set for STRTCs and FFAs. This bill makes the requirement for DSS to develop those rates operative on January 1, 2017, which coincides with the date any existing group homes or FFAs are required to meet new requirements unless, due to the needs of the children and youth they serve, they have an extension to operate in their current form. However, because current law already designates DSS as the single organizational unit whose duty it is to establish foster care rates, the rate development process can begin now to ensure an appropriate rate structure is in place when DSS begins to license the new program models.
This bill also mentions, but does not yet establish new requirements for, the existing residentially-based services that are not classified as traditional group homes, including county-operated shelters, probation agencies, homeless shelter providers and residential education providers. (One exception is for facilities operating prior to January 1, 2015, that have a licensed capacity greater than 184 and that offer placements for the purpose of attending an onsite high school; these facilities will be permitted to continue to operate provided they submit a transition plan detailing how they will comply with the provisions of this bill, and provided they are appropriately licensed by DSS.) Acknowledging the need to ensure the safety and wellbeing of children served in these unique settings, this bill requires DSS to work with counties and the other providers of these programs to jointly develop alternative timeframes or criteria for these programs to meet while maintaining consistency with the underlying efforts of this bill.
This bill seeks to focus necessary services on the needs of the child or youth while meeting those needs upfront rather than counting on the placement type to drive the decisions about services and causing a child or youth to “fail upwards” into higher levels of care. Overall, this bill promotes the direct relationship between the building up of a solid resource family capacity and decreased congregate care usage to establish a more supportive and cohesive approach to ensuring the state provides appropriate services to its vulnerable children and youth.
Analysis Prepared by: Myesha Jackson / HUM. S. / (916) 319-2089 FN: 0000891
AB 403
Page 2
Date of Hearing: May 27, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 403
(Mark Stone) – As Amended April 21, 2015
Policy Committee: |
Human Services |
Vote: |
7 - 0 |
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Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill implements Continuum of Care Reform (CCR) recommendations to better serve children and youth in California’s child welfare services system. Specifically, this bill:
Describes the goals of the child welfare services system and the underlying principles of this bill.
Improves and expands home-based family care through additional training and support.
Establishes new out-of-home care and supervision options available for children and requirements for placement.
Establishes and sets forth responsibilities of Child and Family Teams.
Revises rate structures for the care and supervision of children in out-of-home care.
Sets forth new requirements for licensure, program integrity and transparency.
FISCAL EFFECT:
The Governor's 2015-16 Budget includes $9.6 million ($7 million GF) to begin implementation of the CCR reforms contained in this bill.
COMMENTS:
Purpose. Sponsored by the Department of Social Services (DSS), this bill establishes the framework for change in how California provides treatment and services to children and families involved in the state’s child welfare system. This bill is built on the efforts of child welfare stakeholders and the Legislature, and the Continuum of Care Reform report submitted by DSS.
The author states, “[This bill] is a comprehensive reform effort to make sure that youth in foster care have their day-to-day physical, mental, and emotional needs met; that they have the greatest chance to grow up in permanent and supportive homes; and that they have the opportunity to grow into self-sufficient, successful adults.
"To the extent that children are provided needed services and support, this bill transitions children away from congregate care into home-based family care with resource families. In addition to new services and supports for resource families, the measure establishes targeted training and support that can better prepare families to help care for foster youth."
"For children who are not yet ready to enter a family setting, the bill makes changes to the existing model for group homes. This bill is necessary to advance California’s long-standing goal to move away from the use of long-term group home care by increasing youth placement in family settings and by transforming existing group home care into places where youth who are not ready to be placed with families can receive short term, intensive treatment. The measure creates a timeline to implement this shift in placement options, and it calls for the adoption of new standards and performance measures."
Child Welfare Services (CWS). On January 1, 2015, there were 62,898 children in foster care in California. Most of these children and youth were placed with relatives, extended family members, foster family agencies, or in foster family homes. Nearly 3,800 (6%) were placed in group homes.
There has been growing consensus in the field of child welfare, at both the national and state levels, that institutionalized settings for foster youth should be used sparingly. The placement of maltreated children in group home settings has been increasingly viewed as a temporary solution in instances where emergency or crisis treatment is warranted. Yet, as of January 2015, 48% of youth placed in group homes in California via CWS had been there over two years, and 23% had been there over five years, indicating stays longer than what might have been necessary if appropriate, intensive treatments had been deployed upon placement.
Continuum of Care Reform. Senate Bill 1013 (Senate Budget and Fiscal Review) Chapter 35, Statutes of 2012, realigned CWS to counties, established a moratorium on the licensing of new group homes, and required DSS to convene a stakeholder workgroup discuss and recommend changes to the continuum of care within child welfare services and how to reform the use of congregate care. In January 2015, DSS submitted the Continuum of Care (CCR) workgroup report to the Legislature, which included general and fiscal recommendations, alongside recommendations on home-based family care, residential treatment, and performance measures and outcomes. The report reinforced the view that group home settings are best used sparingly and temporarily.
This bill begins the implementation of the reforms and recommendations developed by the working group and expressed in the CCR report.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
AB 403
Page 17
Date of Hearing: April 28, 2015
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Kansen Chu, Chair
AB 403
(Mark Stone) – As Amended April 21, 2015
SUBJECT: Public social services: foster care placement: funding
SUMMARY: Implements Continuum of Care Reform recommendations to better serve children and youth in California’s child welfare services system.
Specifically, this bill:
Describes the goals of the child welfare services system and the underlying principles of this bill:
Declares legislative intent pertaining to improving the state’s child welfare system and its outcomes through providing more appropriate services and supports and creating faster paths to permanency for children in the system through reducing the use of congregate care and other means, as specified. Further establishes that implementation of this act will result in an overall reduction of costs to local agencies and allow savings to be reinvested in child welfare;
Declares the intent of the Legislature that all children live with a committed, permanent and nurturing family, and that services and supports should be tailored to meet the individual needs of the child and family being served, as specified. States further that short-term residential treatment centers (STRTCs) are a short-term, specialized, and intensive intervention that is just one part of a continuum of care available to children, youth, young adults, and their families;
Provides that “child welfare services” are best provided in a framework that integrates service planning and delivery among multiple service systems, including the mental health system, using a team-based approach, such as a child and family team (CFT), and stipulates that use of a team approach increases efficiency, thereby reducing costs and increasing coordination of formal services and integrating the natural and informal supports available to the child and family; and
Declares the intent of the Legislature that STRTCs only be used for short-term, specialized, and intensive treatment purposes, consistent with needs identified in a child’s case plan, and encourages DSS to adopt policies, practices and guidance that ensure the education, qualification, and training requirements for child care staff in STRTCs are consistent with their intended role, as specified, with a particular focus on crisis intervention, behavioral stabilization, other treatment-related goals, and connections between those efforts and work towards permanency for children.
Improves and expands home-based family care through additional training and support:
Declares the intent of the Legislature that all foster parents have the necessary, knowledge, skills, and abilities to support the safety, permanency, and well-being or children in foster care;
Provides that training for foster parents should be ongoing in order to provide them with information on new practices and requirements and other helpful topics within the child welfare system, and includes supporting children’s connection with their families as a component of supporting a foster parent’s role in parenting vulnerable children;
Establishes new, expanded foster parent training standards, beginning January 1, 2017. Requires completion of training, for a minimum number of hours prescribed by DSS, prior to initial licensing of prospective foster parents, as well as annual ongoing training;
Adds new training topics for foster parents such as: health issues in foster care that include the administration of psychotropic and other medications; accessing behavioral health services available to foster children; the rights of children in foster care and the foster parent’s responsibility to safeguard those rights; the cultural needs of children; the permanence and well-being needs of children; the role of foster parents, including working cooperatively with the child welfare agency, the child’s family, and other service providers implementing the case plan; and a foster parent’s responsibility to act as a reasonable and prudent parent, and to maintain the least restrictive, most family-like environment that serves the needs of the child. Replaces the training pertaining to emancipation and independent living skills with training on preparation for youth and young adults for a successful transition to adulthood;
Allows foster parent training to be offered in a classroom setting, online, or individually;
Authorizes a foster family agency (FFA) to require foster parent training in excess of what is required in statute, in addition to the current authority granted to counties to do so;
Includes among children and youth eligible for county wraparound services those who would otherwise, beginning January 1, 2017, be accepted for placement into an STRTC;
Repeals the current rate methodology for county wraparound services, which is based on the Rate Classification Level (RCL) system, and codifies the rate methodology and the current rate of $8,573 per month for wraparound services. Indicates conditions under which the rate will be increased, as specified;
Requires counties implementing the resource family approval process to ensure resource family applicants and existing resource families receive at least a minimal number of hours of training to ensure they can appropriately support the youth in their care, as specified;
Maintains the security of confidential information related to resource families, and specifies limited circumstances under which resource family information can be shared between authorized parties, as specified;
Adds resource families and STRTCs to provisions related to the administration of emergency medical assistance and injections, and the use of delayed egress devices, for purposes of consistency with authority granted to caregivers in current law, as specified; and
Declares legislative intent to ensure quality care for children and youth who are placed in the continuum of foster care settings and makes legislative findings attesting to the need to attract and retain quality caregivers and to share necessary information with these caregivers related to a child’s specific needs. Further provides that these findings are declaratory of existing law and not intended to impose a new program or higher level of service upon any local agency; rather, they are intended to engender a renewed sense of commitment to engaging foster parents in order to provide quality care to children and youth in foster care.
Establishes new out-of-home care and supervision options available for children and requirements for placement:
Sunsets the operation and use of group homes as a placement option for children as of January 1, 2017, with the exception of group homes that have been granted an extension, as specified, for which operation cannot continue beyond January 1, 2018;
Defines a short-term residential treatment center (STRTC) as a residential facility that provides short-term, specialized and intensive treatment, and 24-hour care and supervision, to children in a structured environment, as specified, when a child’s case plan specifies the need for, nature of, and anticipated duration of this specialized treatment. Authorizes a county to operate an STRTC;
Revises the programs in which a child or non-minor dependent can be placed in order to be eligible for AFDC-FC funds beginning January 1, 2017, except as specified until January 1, 2018, and includes among the allowed placement types a licensed FFA for placement into an accredited treatment foster home or nontreatment foster home, as specified, an STRTC, and a community treatment facility for children who are seriously emotionally disturbed, as specified;
As of January 1, 2017, authorizes a community care facility licensed as an STRTC, or an FFA that provides treatment services for children, to accept for placement, and provide care and supervision to, a child assessed as seriously emotionally disturbed, provided the child does not need inpatient care in a licensed health facility;
Requires a licensee of an STRTC or an FFA that provides treatment services, and a group home permitted to operate between January 1, 2017 and January 1, 2018, to only agree to accept a child for placement that has been assessed as seriously emotionally disturbed if the following apply:
The child has been assessed as seriously emotionally disturbed by an interagency placement committee, a CFT, or a licensed mental health professional, as specified; and
The program is certified by the State Department of Health Care Services (DHCS), or a county to which DHCS has delegated certification authority, as specified.
Prohibits DSS from evaluating or having any responsibility or liability with regard to the evaluation of the mental health treatment services provided by an STRTC or an FFA that provides treatment services to children assessed as being seriously emotionally disturbed, as specified, consistent with current law;
Includes STRTCs in current provisions related to the Interstate Compact on the Placement of Children and requires that, as of January 1, 2017, all out-of-state group homes certified by DSS be accredited, as specified, and have a mental health certification equivalent to that required of STRTCs and FFAs that provide treatment services in order to receive an AFDC-FC rate, except as specified for out-of-state group homes that are granted an extension;
Authorizes DSS to adopt regulations for STRTCs that care for children younger than six years of age, and for STRTCs providing minor parent programs that care for children under six years of age, to the extent the department determines they are necessary;
Prohibits the placement of a child under age 12 in an STRTC unless it is indicated in a child’s case plan, the case plan includes transitioning the child to a less restrictive environment and the projected timeline for doing so, and prior approval is received, as specified;
Authorizes placement of a child into a group home, or an STRTC, only when the case plan indicates that placement is for purposes of providing short-term, specialized and intensive treatment for the child, the case plan specifies the need for, nature of, and anticipated duration of this treatment, and the case plan includes transitioning the child to a less restrictive environment, the projected timeline for doing so, and indication that the county has taken into consideration the intent of the Legislature that no child or youth reside in group care for longer than one year;
Authorizes STRTCs and FFAs that provide intensive therapeutic treatment to accept children who are placed privately, provided the children have been determined to be seriously emotionally disturbed by a mental health professional, as specified;
Requires an existing county-operated FFA or group home to, commencing January 1, 2017, be classified as and meet the AFDC-FC eligibility requirements set forth for FFAs and STRTCs, respectively, including mental health certification and accreditation, as specified;
Revises the priority of placement when out-of-home placement is used to attain a child’s case plan goals. Provides that the selection of the most appropriate environment for a child shall consider, in order of priority: placement with relatives, nonrelated extended family members, and tribal members; foster family homes and nontreatment certified homes of FFAs; treatment and intensive treatment certified homes of FFAs; multidimensional treatment foster care homes or therapeutic foster care homes; group care placements in the order of STRTCs, group homes, community treatment facilities, and out-of-state residential treatment, as specified;
Requires a CFT meeting, as specified, to be convened for the purpose of determining the appropriateness of a placement and whether there are any appropriate, less restrictive, and more family-like alternatives, when any treatment foster care placement is being considered for a child after January 1, 2016;
Prohibits the acceptance of an AFDC-FC funded child into an STRTC or FFA that provides treatment services, beginning January 1, 2017, without approval in writing from the CFT or the interagency placement committee, except in the case of an emergency in which certain conditions exist, as specified.
Restricts out-of-home placement of seriously emotionally disturbed children pursuant to an individualized education program (IEP) to instances in which the IEP assessment indicates that the child or youth is seriously emotionally disturbed and the child or youth has been determined by the CFT to require the level of care provided in an STRTC or FFA that provides treatment services beginning January 1, 2017;
Clarifies that a county may function as an FFA and specifies that a child’s need for care provided by an FFA shall be determined by a CFT;
Establishes core services to be provided to children in the child welfare services system as services that encompass community services and supports, permanency-related services, medical and mental health support and access to services, educational support, life and social support, transitional support services upon discharge, biological parent and resource family supports, and services for nonminor dependents;
Requires DSS to develop and establish an administrator certification training program for STRTC administrators, and requires that a separate administrator certification training program be adopted for group home administrators who desire to become STRTC administrators; and
Revises provisions in current law related to how interagency collaboration and children’s program services are structured to facilitate implementation of the Children’s Mental Health Services Act, beginning January 1, 2017. Recasts provisions related to an interagency placement committee’s assessment of a dependent child or ward of the court as seriously emotionally disturbed to include possible placement in STRTCs and FFAs that provide treatment services, and to allow a CFT to utilize the assessment of an interagency placement committee or an assessment by a licensed mental health professional, as specified. Allows these provisions to apply between January 1, 2017 and January 1, 2018 to group homes granted an extension to operate.
Establishes and sets forth responsibilities of Child and Family Teams:
Defines a child and family team (CFT) as a supportive team that informs the process of placement and services to children and youth in foster care or who are at risk of foster care placement. Requires the CFT to include, at least, the child or youth, the child’s family, the caregiver, the placing agency caseworker, a county mental health representative, and a representative of the child’s tribe or Indian custodian, as applicable, and identifies others that may also be included in the CFT, as specified;
Requires the county mental health representative included in the CFT to be a licensed mental health professional if placement into an STRTC occurred or is being considered for the child;
Establishes requirements for the selection and inclusion of additional CFT members and requirements related to convening, communication, and the sharing of information among members of the CFT. Establishes strict confidentiality standards, as specified; and
Requires the CFT or the interagency placement committee to determine whether a child requires out-of-home placement due to being seriously emotionally disturbed and needs the level of care provided by an STRTC or FFA that provides treatment services, within 30 days of placement, and establishes procedures through which the child can be referred to a more appropriate placement pursuant to periodic review of the placement and level of need by the CFT or the interagency placement committee.
Revises rate structures for the care and supervision of children in out-of-home care:
Adds STRTCs to the community treatment facilities for which DSS is required to establish a foster care rat;
Sunsets provisions related to the potential reclassification of group homes through a mental health certification as of January 1, 2017, except as specified;
Requires all STRTCs and FFAs that provide intensive treatment services to obtain and have in good standing a mental health certification issued by DHCS or a county to which DHCS has delegated certification authority, beginning January 1, 2017. Provides that such certification is a condition for receiving an AFDC-FC rate, as specified;
Sets forth requirements for group homes permitted to operate until January 1, 2018, to obtain mental health certification from DHCS during the year of extension for the purpose of providing mental health treatment services that meet the needs of seriously emotionally disturbed children;
Requires the rate paid to out-of-state STRTCs to not exceed the rate for care and supervision provided to in-state STRTCS and to be developed using the same considerations used for in-state rates and federal financial participation;
Sunsets the use of the Rate Classification Level (RCL) system for the purpose of setting rates for group homes as of January 1, 2017, unless the rate is extended pursuant to an extension granted by DSS, for up to one year, upon receiving a written request and supporting documentation showing that without the exception there is a material risk to the welfare of children due to an inadequate supply of appropriate alternative placement options to meet their needs;
Allows the exception provided by DSS to include time to meet either the program accreditation or mental health certification requirement;
Prohibits an exception to the group home moratorium from being granted to a group home provider below RCL 10 for a program change, commencing January 1, 2017;
Prohibits any payment to a group home upon the termination of the existing group home rate under the RCL system unless an application is approved and a rate is granted by DSS for the group home to become an STRTC or an FFA, as specified;
Requires DSS to commence development of a new payment structure for STRTCs claiming Title IV-E funding. Further requires DSS to develop a rate system for STRTCs that includes consideration of: the core services provided, staff training, requirements of the Health and Safety Code, accreditation of the program, mental health certification, and maximization of federal financial participation, as specified;
Requires DSS to develop a system of governmental monitoring and oversight, including ensuring program conformity with federal and state laws through program, fiscal, and health and safety audits and reviews, which shall be carried out in coordination with DHCS;
Prohibits DSS from establishing a rate for an STRTC or FFA that provides treatment services without a recommendation from the host county or the primary placing county that the program is needed and that the provider is willing and capable of operating the program and the level sought;
Sunsets the current FFA ratesetting methodology, as of January 1, 2017, and requires DSS to, commence development of a new payment structure for the Title IV-E funded FFA placement option that maximizes federal funding;
Requires the new payment system to apply to FFAs that provide nontreatment, treatment, intensive treatment and therapeutic foster care programs and outlines certain considerations for development of the rate, which include: core services, intensive treatment or therapeutic services provided, administrative, social work, and mental health services that are eligible for federal financial participation, as specified, staff training, accreditation, and populations served;
Terminates the current FFA rate system as of December 1, 2016 and prohibits a new FFA from being established pursuant to the current rate, unless the rate is extended pursuant to an extension granted by DSS, for up to one year, upon receiving a written request and supporting documentation showing that without the exception, there is a material risk to the welfare of children due to an inadequate supply of appropriate alternative placement options to meet their needs. Allows the exception provided by DSS to include time to meet either the program accreditation or mental health certification requirement;
Prohibits any payment to an FFA upon the termination of the existing FFA rate under the current rate system unless an application is approved and a rate is granted by DSS for the FFA to become an STRTC or an FFA under the new rate and requirements, as specified;
Requires DSS, in the development of new rate structures, to consider and provide for placement of all children who are displaced as a result of reclassification of treatment facilities and to consider the impact on youth being transitioned to alternate programs as a result of the ratesetting system, as specified;
Requires the amount paid for care and supervision of a dependent infant living with a dependent teenage parent receiving AFDC-FC benefits in an STRTC to equal the infant supplement rate for STRTCs established by DSS, commencing January 1, 2017; and
Authorizes DSS to establish participation conditions for FFAs to participate in early implementation of the resource family approval program, as specified, and authorizes the department to adjust the newly established FFA rate for this purpose.
Sets forth new requirements for licensure, program integrity and transparency:
Requires DSS to license STRTCs, beginning, January 1, 2017, and establishes requirements for STRTCs, as specified, and requires DSS to establish requirements for the education, qualification, and training of facility managers and child care staff in STRTCs consistent with the intended role of these facilities to provide short-term, specialized, and intensive treatment;
Authorizes DSS to license a facility meeting all applicable criteria as an STRTC prior to January 1, 2017;
Requires DSS to establish requirements for licensed group homes that are transitioning to STRTCs, and authorizes DSS to inspect a STRTC according to a system of governmental monitoring and oversight, which shall include program, fiscal, and health and safety reviews, that is carried out in coordination with DHCS;
Requires an FFA to prepare and maintain a current, written plan of operation as required by DSS, which, on and after January 1, 2017, shall, among other things, demonstrate the FFA’s ability to support the differing needs of children and their families and describe how the FFA will comply with the resource family approval standards and requirements;
Requires DSS to establish a foster care rate for each community treatment facility program and requires all community treatment facility programs to be accredited by a nationally recognized accrediting entity identified by DSS, as specified, commencing January 1, 2017;
Requires DSS to publish and make available on its Internet Web site STRTC and FFA provider performance indicators beginning January 1, 2017 and at least annually thereafter;
Establishes penalties for STRTCs or FFAs that provide intensive and therapeutic treatment that fail to maintain the level of care and services needed to meet the needs of children in care or fail to maintain a certified mental health treatment program, as specified;
Applies existing audit, overpayment and collections requirements, as specified, to STRTCs and FFAs that provide treatment services; and
Requires DSS to develop a system of governmental monitoring and oversight of STRTCs and FFAs, including ensuring program conformity with federal and state laws through program, fiscal, and health and safety audits and reviews, which shall be carried out in coordination with DHCS. Authorizes DSS to inspect FFAs and STRTCs according to the system developed.
Replaces group home references with STRTCs in existing statute related to: administrative requirements for licensing; reports to licensees by law enforcement agencies when staff is arrested; the prohibition on gifts to DSS; administrator training and certification; peer review of plans of operation; incident and complaint responses and investigations; the prohibition on smoking; the adoption of regulations for STRTCs to serve young children; the use of delayed egress or secured perimeters; locations where client interviews by DSS are permitted; the list of complaints published by DSS; county access of disclosable public record information and the provision of incident reports to counties; incident reports to the Community Care Licensing Division (CCLD) of DSS, civil penalties and enforcement actions; the requirement that staff providing direct care and supervision to children are at least 21 years of age; CCLD licensing personnel training; the placement of infants with their parents, when appropriate and approved; out-of-county placements, and; the placement of wards.
Requires DSS to work with counties that operate shelters, probation agencies, homeless shelter providers, residential education providers, and others to identify jointly developed alternative timeframes or criteria to be met in order to address the unique circumstances and needs of the populations they serve, while remaining consistent with the principles of this act.
EXISTING LAW:
States that the purpose of foster care law is to provide maximum safety and protection for children who are being physically, sexually or emotionally abused, neglected, or exploited and to ensure the safety, protection, and physical and emotional well-being of children at risk of such harm. (WIC 300.2)
Declares the intent of the Legislature to, whenever possible: preserve and strengthen a child’s family ties, reunify a foster child with his or her relatives, or when family reunification is not possible or likely, to develop a permanent alternative. Further states the intent of the Legislature to reaffirm its commitment to children who are in out-of-home placement to live in the least restrictive, most family-like setting and as close to the child’s family as possible, as specified. (WIC 16000)
Requires out-of-home placement of a child in foster care to be based upon selection of a safe setting that is the least restrictive or most family-like and the most appropriate setting available and in close proximity to the parent’s home, the child’s school, and best suited to meet the child’s special needs and best interests. Further requires the selection of placement to consider, in order of priority, placement with relatives, nonrelated extended family members, tribal members, and foster family homes, certified homes of foster family agencies, intensive treatment or multidimensional treatment foster care homes, group care placements, such as group homes and community treatment facilities, and residential treatment, as specified. (WIC 16501.1(c)(1))
Specifies that, if group care placement is selected for a child, the case plan must justify this placement based on the child’s needs and must indicate the plan and timeline for transitioning the child to a less restrictive setting. Stipulates that this section of the case plan be reviewed and updated at least semiannually. (WIC 16501.1(c)(2))
States the intent of the Legislature that no child or youth in foster care reside in group care for longer than one year. Further requires DSS to update the Legislature regarding the outcomes of assessments of children and youth who have been in group homes for longer than one year and the corresponding outcomes of transitions, or plans to transition them, into family settings. (WIC 16010.8)
Requires the juvenile court to make full consideration of the proximity of a child’s natural parents to the potential foster care placement of that child in order to facilitate visitation and family reunification, and if possible, for the placement to be made in the home of a relative, unless as otherwise specified. (Family Code 7950(a))
Requires county child welfare agencies to make diligent efforts to locate an appropriate relative, and the juvenile court to find that these efforts have been made, prior to any child may be placed in long-term foster care. Further provides that nothing may preclude a search for an appropriate relative while the child is in foster care. (Family Code 7950(a(1) and (c))
Requires DSS to establish a working group, in consultation with stakeholders, charged with developing recommended revisions to the current rate-setting system, services, and programs provided by foster family agencies and group homes, as specified. Further requires the working group to consider, among other things, how to ensure the provision of services in family-like settings and submit a report on its recommendations to the Legislature by October 1, 2014. (WIC 11461.2)
Establishes the federal Preventing Sex Trafficking and Strengthening Families Act, which places a number of requirements on states, including a number of improvements to the child welfare system aimed at improving outcomes for children and youth in foster care. Includes elimination of the Another Planned Permanent Living Arrangement as a permanency option for youth under the age of 16. (P.L. 113-183)
Requires DSS, in consultations with county child welfare agencies and other identified stakeholders, to implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, approving relatives and nonrelative extended family members as foster care providers, and approving adoptive families. Defines resource family as an individual or couple that a participating county determines to have successfully met both the home approval standards and permanency assessment criteria, as specified, 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. (WIC 16519.5)
Requires DSS to promote the participation of current and former foster youth in the development of state foster care and child welfare policy. (WIC 16001.7)
Enumerates rights of minors and nonminors in foster care, including but not limited to the right to: live in a safe, healthy, and comfortable home where he or she is treated with respect; be free from physical, sexual, emotional, or other abuse, or corporal punishment; receive adequate and healthy food, adequate clothing, and, for youth in group homes, an allowance; receive medical, dental, vision, and mental health services; be involved in the development of his or her own case plan and plan for permanent placement; and review his or her own case plan and plan for permanent placement, if he or she is 12 years of age or older and in a permanent placement, and receive information about his or her out-of-home placement and case plan, including being told of changes to the plan. (WIC 16001.9)
States the intent of the Legislature that foster parents, and potential foster parents, receive training in order to assist them in being effective caregivers and to enhance the safety and growth of children placed with them. Further states the need to develop a basic curriculum, a program for continuing education, and specialized training for parents caring for children with unique needs. (HSC 1529.1)
Requires every licensed foster parent to complete a minimum of 12 hours of foster parent training, as specified, prior to any foster youth being placed with him or her. Further requires a licensed foster parent to complete at least 8 hours of foster parent training, as specified, annually. (HSC 1529.2(b))
Requires DSS or its designee to perform initial and continuing inspections of out-of-state group homes in order to either certify that they meet 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. (Family Code 7911.1)
FISCAL EFFECT: Unknown
COMMENTS: Built on the efforts of child welfare stakeholders and the Legislature, and the Continuum of Care Reform report submitted by DSS, this bill establishes the framework for a sea change in how California provides treatment and services to children and families involved in the state’s child welfare system.
Child Welfare Services: California’s Child Welfare Services (CWS) system provides a number of services, supports, and interventions aimed at protecting children and their health and safety. Ultimately, the system aims to preserve and strengthen families by reuniting children with their biological parents whenever appropriate. Children who are at risk of abuse, neglect or abandonment, and for whom county juvenile courts hold legal jurisdiction, are served through the appointment of a social worker. Through this system, there are multiple stages where the custody of a child or his or her placement is evaluated, reviewed and determined by the judicial system, in consultation with the child’s social worker, to help provide the best possible services to the child.
Under certain circumstances defined in state law, the juvenile court may deem a child to be a dependent or ward of the court. The court may then keep the child in his or her home or remove the child from the home; removal may either result in eventual reunification with the family, or the court may determine that an alternate permanent placement is more fitting. When reunification is not possible or appropriate, children are placed in the setting deemed least restrictive and most suitable; the court must give preference to potential placements in the following order: relatives, nonrelative extended family members, or foster family homes. Placement in group homes or other intensive treatment placement settings are considered only in more challenging situations where a child may need stabilization services in order to transition to a less restrictive placement, such as with a relative or foster caregiver.
On January 1, 2015, there were 62,898 children in foster care in California. Approximately 35% of these youth were placed with relatives, non-relative extended family members, or in a tribe-specified home. Another 25% were placed with foster family agencies or foster family agency certified homes, and almost 9% were placed in foster family homes and small family homes. There were 3,796 children and youth placed in group homes.
Challenges
within the current CWS system: There has been growing
consensus in the field of child welfare, at both the national and
state levels, that institutionalized settings for foster youth should
be used sparingly. The placement of maltreated children in group
home settings has been increasingly viewed as a temporary solution in
instances where emergency or crisis treatment is warranted. Yet, as
of January 2015, 48% of youth placed in group homes in California via
CWS had been there over two years, and 23% had been there over five
years, indicating stays longer than what might have been necessary if
appropriate, intensive treatments had been deployed upon placement.
While the state’s CWS system is charged with maintaining the health and safety of children and providing services and supports the lead to permanency, the flow of funding, and therefore the availability of certain services and treatment, have historically been associated with a child’s or youth’s placement type. This often causes children and youth to have to rotate from one placement or program to another to receive the services they need, which can diminish any positive impact of the services being provided. Even prior to placement in a group home, it is common for a child to have multiple foster care placements. This type of history can be interpreted as the child being difficult-to-place and causes some, due to this history, to consider the child’s or youth’s ability to find permanency with a family to be limited. In actuality, ensuring that necessary services and support are available to the child or youth and the caregiver before considering moving the child or youth could greatly reduce cases in which children move multiple times. This bill emphasizes focusing necessary services on the needs of the child or youth and seeks to meet those needs upfront rather than counting on the placement type to drive the decisions about services and causing a child or youth to “fail upwards” into higher levels of care.
Continuum of
Care Reform: The Legislature has worked and continues
to work with various entities in and around the CWS system to focus
on family reunification and permanency by seeking ways to best
address the needs of foster youth through less restrictive, more
supportive placements and services. SB 1013 (Senate Budget and
Fiscal Review) Chapter 35, Statutes of 2012, realigned CWS to
counties, established a moratorium on the licensing of new group
homes, and required DSS to convene a stakeholder workgroup. This
workgroup was charged with examining the use of group homes in
California and providing recommendations to the Legislature and the
Governor on how to reform this use. In January 2015, DSS submitted
the Continuum of Care (CCR) workgroup report to the Legislature,
which included general and fiscal recommendations, alongside
recommendations on home-based family care, residential treatment, and
performance measures and outcomes. The report reinforced the view
that group home settings are best used sparingly and temporarily,
stating that:
“The foundation of [these] recommendations is that all children, including those in out-of-home care, deserve to grow up in families and develop a sense of community. Their families, including foster families, also at times need assistance and support to address stressors to avert crises. For those children and youth in crisis or whom otherwise initially cannot safely get the appropriate breadth and/or intensity of services they require in a family based setting, they can access high quality, short term, treatment oriented congregate care (which includes planning for a move to home-based family care as soon as reasonably possible).”
Recruiting, training, and retaining foster parents: The first-priority settings for a child who has been removed from his or her home are now, and will continue to be under the provisions of this bill, home-based family settings that involve someone with whom the child has a biological or otherwise familial relationship. When this priority cannot be preserved due to the inability to locate an appropriate family member, nonrelative extended family member, or tribal member, with whom placement would be in the best interest of the child or youth, placement in foster family homes or nontreatment certified homes of foster family agencies will continue to be pursued, with the maintenance of a family structure for the child or youth still in mind. All other placement options continue to be specific to the level of treatment needed; even the family-based options prioritized right after the aforementioned options and before congregate care settings are available to children and youth who need more intensive, therapeutic services, and are not meant to be relied upon simply because other nontreatment options aren’t perceived to be available. An essential component for the success of the CWS reform outlined in this bill will be the building up and bolstering of the available corps of resource families: those individuals or families wishing to provide foster care, adopt, or both.
As with any parent or caregiver, whether biological or not, a key factor in ensuring a successful relationship, in addition to the services available to children and youth, is support for their parent or caregiver. In 2009, DSS, the County Welfare Directors Association, and the Youth Law Center joined forces to establish a statewide approach to the recruitment and retention of high quality caregivers for the child welfare system called the Quality Parenting Initiative (QPI). With 18 counties currently participating, the QPI focuses on using a county-based recruitment, training, and retention model that encourages individuals and families to become resource families while ensuring the system supports families whenever and however necessary to help them be effective and loving parents. The key elements of the QPI, as outlined by the Youth Law Center are: to define the expectations of caregivers, to clearly articulate these expectations, and to align the system so that those goals can become a reality.
Built on the same assumption that training on, and preparation for, caring for a child or youth is an essential resource that facilitates successful outcomes, this bill recasts training requirements for all resource families and includes new training topics (e.g., the rights of children in foster care and the foster parent’s responsibility to safeguard those rights, the permanence and well-being needs of children, a foster parent’s responsibility to act as a reasonable and prudent parent and to maintain the least restricive, most family-like environment that serves the needs of the child), which are intented to help normalize a child or youth’s experience and provide a continuum of quality parenting regardless of whether the child or youth will eventually be able to reunify with his or her biological parents.
New service models and requirements: For some children and youth, the abuse, neglect and other factors that led to their removal from their home necessitate intensive, therapeutic treatment that is beyond the scope of what a nontreatment family setting can provide for them. Within the current child welfare system, foster family agencies (FFAs) that provide treatment are used by counties to provide children and youth more intensive treatment services than what can be provided to them in an available family home and without which, group home placement would be necessary. With the same focus on ensuring a child or youth’s treatment needs can be met, this bill creates and authorizes licensure of new, short-term congregate care settings and phases out group homes as they are known and used today. Short-term residential treatment centers (STRTCs) are created under this bill to provide short-term, intensive and specialized 24-hour care and supervision to a child or youth who cannot be safely served at home and for whom such care has been determined necessary by a child and family team or interagency placement committee and is identified in a child’s case plan. The care provided in an STRTC is intended to help a child or youth stabilize quickly for reunification or a move to a resource family.
In order to ensure children and youth receive the services necessary to meet their mental health needs, FFAs that provide treatment and STRTCs will be required, under this bill, to be certified by the Department of Health Care Services or a county mental health plan to provide medically necessary mental health services. (This certification requirement exists in current law for high level group homes that accept children identified as seriously emotionally disturbed.) Although this bill renews the emphasis on congregate care as settings that provide intensive treatment services, the assessments conducted by child and family teams are not meant to immediately trigger a child or youth’s placement in an intensive treatment facility. Rather, they are meant to first consider and, whenever possible, lead to home-based treatment and supports that are already available and fit the needs of the child or youth. According to the author, this will help to reduce the rate of removal from the home and reduce overall placements in congregate care settings.
Additionally, to further the goals of reunifying children with their families when possible or moving them to less restrictive settings, this bill requires both FFAs and STRTCs to provide “core services” that “encompass community service and supports, permanency-related services, medical and mental health support and access to services, educational support, life and social support, transitional support services upon discharge, biological parent and resource family supports, and services for nonminor dependents.” DSS is explicitly encouraged to adopt policies, practices and guidance to ensure that the education and training for care staff in STRTCs is particularly focused on “crisis intervention, behavioral stabilization, other treatment-related goals, and connections between those efforts and work towards permanency for children.”
Finally, as a means of ensuring FFAs and STRTCS are providing high quality services, this bill requires FFAs and STRTCS to be accredited by, and remain in good standing with, a national accrediting body identified by DSS in order to receive a foster care rate. This bill phases-out the rate setting methodologies in current law for existing CWS services and placement types, and requires DSS to establish new rates that will consider, among other things, the specialized services to be provided and accreditation requirements.
Retooling the decision-making process: Under current law, initial placement decisions are based on an assessment made by a child’s caseworker. While team decision making can be utilized for making critical decisions about a child or youth’s placement, the model is not relied upon as the source of initial assessment of a child’s or youth’s needs, nor is the team always convened to reevaluate and make subsequent decisions about a child or youth’s placement based on his or her changing service needs.
The Katie A. et al. v. Bonta Settlement Agreement of 2011 (Katie A.) addresses the medically necessary mental health services that children who are in foster care or are at risk of being in foster care are entitled to receive under federal Medicaid law. Pursuant to Katie A., these services, which are intended to facilitate reunification, and to meet their needs for safety, permanence and well-being, are to be provided in the most home-like family-based setting appropriate. Among the many useful tools resulting from Katie A. is the refined child and family team, which is to be used to identify a child’s and family’s strengths and needs during their initial interactions with a child welfare worker. Similarly, this bill establishes requirements for child and family teams, which will be responsible for assessing the placement needs of a child or youth and determining whether there are appropriate, less restrictive, and more family-like alternatives to placement in an STRTC or another treatment-based placement option. This shift in practice will ensure decisions are not made by caseworkers in isolation without the input of other professionals and people who love and care for the child or youth in question.
Performance review and transparency: Under current law and regulations, DSS audits group home providers based on their Rate Classification Level (RCL) to determine their compliance in providing the level of service required within a particular level and whether proper documentation was maintained to justify the rate they received based on the RCL system. While these audits also evaluate whether a group home is meeting staffing, education and training, mental health treatment services and other licensing requirements, they do not include a full program review to evaluate the group home’s overall effectiveness in improving outcomes for the children and youth they serve. This bill requires the development and execution of an oversight system that involves the Department of Health Care Services and will add to the current administrative review process a review of the services a program provides and outcomes to ensure providers are adequately addressing and meeting local needs. Additionally, this bill builds on DSS’ existing Internet Web site on which licensed community care facility information is available by requiring DSS to, at least annually, post information pertaining to FFA and STRTC performance indicators.
Markers set for future steps to be taken: Although this bill establishes an overall framework for reforming how the state uses and pays for congregate care and other CWS services, some details are not spelled out and are left to be developed by DSS, often in concert with child welfare stakeholders. One such detail pertains to the rates set for STRTCs and FFAs. This bill makes the requirement for DSS to develop those rates operative on January 1, 2017, which coincides with the date any existing group homes or FFAs are required to meet new requirements unless, due to the needs of the children and youth they serve, they have an extension to operate in their current form. However, because current law already designates DSS as the single organizational unit whose duty it is to establish foster care rates, the rate development process can begin now to ensure an appropriate rate structure is in place when DSS begins to license the new program models.
This bill also mentions, but does not yet establish new requirements for, the existing residentially-based services that are not classified as traditional group homes (i.e.: county-operated shelters, probation agencies, homeless shelter providers, residential education providers). Acknowledging the need to ensure the safety and wellbeing of children served in these unique settings, this bill requires DSS to work with counties and the other providers of these programs to jointly develop alternative timeframes or criteria for these programs to meet while maintaining consistency with the underlying efforts of this bill.
Need for this bill: In addition to establishing logistical considerations for this restructuring of the CWS system (e.g., timeline for the implementation of new, short-term treatment oriented care models, phasing out of group home settings and their associated rate methodologies) this bill goes beyond what is written in current CWS law and how it is implemented across the state to uphold the notion that every child has the right to be raised in a family instead of an institutional setting. Promoting the direct relationship between the building up of a solid resource family capacity and decreased congregate care usage, this bill establishes a more cohesive approach to ensuring the state provides appropriate services to its vulnerable children and youth.
In expressing the need for this bill, the author states:
“[This bill] is a comprehensive reform effort to make sure that youth in foster care have their day-to-day physical, mental, and emotional needs met; that they have the greatest chance to grow up in permanent and supportive homes; and that they have the opportunity to grow into self-sufficient, successful adults.
To the extent that the children are provided needed services and support, this bill transitions children away from congregate care into home-based family care with resource families. In addition to new services and supports for resource families, the measure establishes targeted training and support that can better prepare families to help care for foster youth.
For children who are not yet ready to enter a family setting, the bill makes changes to the existing model for group homes. This is important because foster youth who are placed for long stays in group homes are more likely than those in family settings to suffer a variety of negative short- and long-term outcomes. Such placements are associated with an increased likelihood of being involved with the juvenile justice system and the adult correctional system, as well as low educational attainment levels. Further, children who leave group home care to return to live with their families are more likely than those who were in placed in family-based care to return to the foster system. This bill is necessary to advance California’s long-standing goal to move away from the use of long-term group home care by increasing youth placement in family settings and by transforming existing group home care into places where youth who are not ready to be placed with families can receive short term, intensive treatment. The measure creates a timeline to implement this shift in placement options, and it calls for the adoption of new standards and performance measures.
Ultimately, when children enter foster care, they need a safe, comfortable, and supportive place to stay, whether that is with a relative, a foster family, or a in treatment center. Current options along the continuum of care spectrum do not always meet these requirements. The reforms in this bill will provide youth with the support they need in foster care to return to their families or to find a permanent home if returning to their families is not an option.”
Technical amendment: While the requirements in this bill pertaining to accreditation for STRTCs and FFAs are consistent, Section 11462(b)(4)(A) inadvertently includes “foster family agencies” instead of “short-term residential treatment centers,” which would be more consistent with this Section. Committee staff recommends the bill be amended to do the following:
On page 120, line 32, strike out “foster family agencies” and insert:
short-term residential treatment centers
Staff comments: While the author plans to continue to work with DSS and other stakeholders to further refine the provisions of this bill as needed to address stakeholder concerns and meet the needs of children and youth, committee staff recommends the author continue to work on two details in particular, should this bill move forward:
Due to the emphasis on STRTCs being available for short-term intensive treatment, and the mental health services components that are required of them to that end, some of the provisions of this bill are unclear as to whether a child or youth who has not been assessed as seriously emotionally disturbed can still receive services in an STRTC if he or she is assessed as needing them. The author may wish to further clarify the criteria for placement in an STRTC.
While the Child and Family Team structure generated by the Katie A. Settlement Agreement provides details regarding who facilitates the CFT, this bill lacks any detail to that effect. The author may wish to further clarify how the CFT is convened and by whom.
PRIOR LEGISLATION:
SB 1013 (Senate Budget and Fiscal Review) Chapter 35, Statutes of 2012, realigned the child welfare services system to counties, established a moratorium on the licensing of new group homes, and required the Department of Social Services to convene a workgroup to discuss and recommend changes to the continuum of care within child welfare services and how to reform the use of congregate care.
REGISTERED SUPPORT / OPPOSITION:
Support
California Department of Social Services (CDSS) sponsor
California Alliance of Child and Family Services
Opposition
None on file.
Analysis Prepared by: Myesha Jackson / HUM. S. / (916) 319-2089
Discussed in Hearing
1MIN
Assembly Floor
4MIN
Senate Floor
38SEC
Senate Standing Committee on Appropriations
5MIN
Assembly Floor
Bill Author
