AB 507: Resource families: training topics.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2017-10-12
Existing law provides various placement options for a child who has been removed from his or her home, including placement in a resource family home. Existing law defines a resource family to mean an individual or family that has successfully met both the home environment assessment standards and specified permanency assessment criteria 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. Existing law requires the State Department of Social Services to implement a specified resource family approval process in all counties. Existing law makes the counties responsible for, among other things, implementing the requirements for resource family approval, requiring resource families to complete a minimum of 8 hours of caregiver training annually, and updating resource family approval annually and as necessary to address any changes that have occurred in the resource familys circumstances. Existing law authorizes a county to require a resource family or applicant to receive relevant specialized training for the purpose of preparing the resource family to meet the needs of a particular child in care.
This bill would require a portion of the annual resource family training to support the case plans, goals, and needs of children in the resource family home, if there are any children in the home, in accordance with applicable written directives or regulations, as specified by the department. The bill would also authorize a county, in its discretion, to require a resource family or applicant to receive one or more hours of relevant specialized training that is in addition to the hours of that training that are required by state law. By imposing a higher level of service on the counties, the bill would impose a state-mandated local program.
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 provides various placement options for a child who has been removed from his or her home, including placement in a resource family home. Existing law defines a resource family to mean an individual or family that has successfully met both the home environment assessment standards and specified permanency assessment criteria 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. Existing law requires the State Department of Social Services to implement a specified resource family approval process in all counties. Existing law makes the counties responsible for, among other things, implementing the requirements for resource family approval, requiring resource families to complete a minimum of 8 hours of caregiver training annually, and updating resource family approval annually and as necessary to address any changes that have occurred in the resource familys circumstances. Existing law authorizes a county to require a resource family or applicant to receive relevant specialized training for the purpose of preparing the resource family to meet the needs of a particular child in care.
This bill would require a portion of the annual resource family training to support the case plans, goals, and needs of children in the resource family home, if there are any children in the home, in accordance with applicable written directives or regulations, as specified by the department. The bill would also authorize a county, in its discretion, to require a resource family or applicant to receive one or more hours of relevant specialized training that is in addition to the hours of that training that are required by state law. By imposing a higher level of service on the counties, the bill would impose a state-mandated local program.
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 provides various placement options for a child who has been removed from his or her home, including placement in a resource family home. Existing law defines a resource family to mean an individual or family that has successfully met both the home environment assessment standards and specified permanency assessment criteria 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. Existing law requires the State Department of Social Services to implement a specified resource family approval process in all counties. Existing law makes the counties responsible for, among other things, implementing the requirements for resource family approval, requiring resource families to complete a minimum of 8 hours of caregiver training annually, and updating resource family approval annually and as necessary to address any changes that have occurred in the resource familys circumstances. Existing law authorizes a county to require a resource family or applicant to receive relevant specialized training for the purpose of preparing the resource family to meet the needs of a particular child in care.
This bill would require each entity responsible for approving a resource family to make recommendations to the resource family regarding training topics that support the case plans, goals, and needs of each child in the home, as specified. a portion of the annual resource family training to support the case plans, goals, and needs of children in the resource family home, if there are any children in the home, in accordance with applicable written directives or regulations, as specified by the department. The bill would also authorize a county, in its discretion, to require a resource family or applicant to receive one or more hours of relevant specialized training that is in addition to the hours of that training that are required by state law. By imposing a higher level of service on the counties, the bill would impose a state-mandated local program.
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 provides various placement options for a child who has been removed from his or her home, including placement in a resource family home. Existing law defines a resource family to mean an individual or family that has successfully met both the home environment assessment standards and specified permanency assessment criteria 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. Existing law requires the State Department of Social Services to implement a specified resource family approval process in all counties. Existing law makes the counties responsible for, among other things, implementing the requirements for resource family approval, requiring resource families to complete a minimum of 8 hours of caregiver training annually, and updating resource family approval annually and as necessary to address any changes that have occurred in the resource familys circumstances.
This bill would require each entity responsible for approving a resource family to work with that resource family to develop, as part of the annual resource family approval updates, a training plan that, among other things, is child or youth informed and supports the case plans, goals, and needs of each child or youth in the home. The bill would also require, among other things, the training plan to be developed with input from the social worker or probation office staff for each child who is presently in the home, and informed by discussions in the child and family team meetings. make recommendations to the resource family regarding training topics that support the case plans, goals, and needs of each child in the home, as specified. By imposing a higher level of service on the counties, the bill would impose a state-mandated local program.
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 provides various placement options for a child who has been removed from his or her home, including placement in a resource family home. Existing law defines a resource family to mean an individual or family that has successfully met both the home environment assessment standards and specified permanency assessment criteria 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. Existing law requires the State Department of Social Services to implement a specified resource family approval process in all counties. Existing law makes the counties responsible for, among other things, implementing the requirements for resource family approval and approval, requiring resource families to complete a minimum of 8 hours of caregiver training annually. annually, and updating resource family approval annually and as necessary to address any changes that have occurred in the resource familys circumstances.
This bill would require each entity responsible for approving a resource family to work with that resource family to develop develop, as part of the annual resource family approval updates, a training plan that, among other things, is child or youth informed and is based on the specific supports the case plans, goals, and needs of each child or youth in the home. The bill would also require, if the resource family experiences a serious incident that threatens to disrupt, or actually disrupts, placement, require, among other things, the training plan to be immediately amended to include any additional training necessary to support the resource family and child or youth. developed with input from the social worker or probation office staff for each child who is presently in the home, and informed by discussions in the child and family team meetings. By imposing a higher level of service on the counties, the bill would impose a state-mandated local program.
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 provides various placement options for a child who has been removed from his or her home, including placement in a resource family home. Existing law defines a resource family to mean an individual or family that has successfully met both the home environment assessment standards and specified permanency assessment criteria 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. Existing law requires the State Department of Social Services to implement a specified resource family approval process in all counties. Existing law makes the counties responsible for, among other things, implementing the requirements for resource family approval and requiring resource families to complete a minimum of 8 hours of caregiver training annually.
This bill would require the annual resource family caregiver training to be based upon a collaborative plan developed by the child and family team in the best interest of the child or youth in the resource family. The bill would require the plan to specify the annual training requirement and identify potential relevant placement disruptions, as specified. each entity responsible for approving a resource family to work with that resource family to develop a training plan that, among other things, is child or youth informed and is based on the specific case plans, goals, and needs of each child or youth in the home. The bill would also require, if the resource family experiences a serious incident that threatens to disrupt, or actually disrupts, placement, the training plan to be immediately amended to include any additional training necessary to support the resource family and child or youth. By imposing a higher level of service on the counties, the bill would impose a state-mandated local program.
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 provides various placement options for a child who has been removed from his or her home, including placement in a resource family home. Existing law defines a resource family to mean an individual or family that has successfully met both the home environment assessment standards and specified permanency assessment criteria 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. Existing law requires the State Department of Social Services to implement a specified resource family approval process in all counties. Existing law makes the counties responsible for, among other things, implementing the requirements for resource family approval and requiring resource families to complete a minimum of 8 hours of caregiver training annually.
This bill would require the annual resource family caregiver training to be based upon a collaborative plan developed by the child and family team in the best interest of the child or youth in the resource family. The bill would require the plan to specify the annual training requirement and identify potential relevant placement disruptions, as specified. By imposing a higher level of service on the counties, the bill would impose a state-mandated local program.
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.
(a)A portion of the annual resource family training shall support the case plans, goals, and needs of children in the resource family home, if there are any children in the home, in accordance with applicable written directives or regulations, as specified by the department.
(b)A county, in its discretion, may require a resource family or applicant to receive one or more hours of relevant specialized training that is in addition to the hours of that training that are required by state law.
SEC. 2.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 or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
(a)A portion of the annual resource family training shall support the case plans, goals, and needs of children in the resource family home, if there are any children in the home, in accordance with applicable written directives or regulations, as specified by the department.
(b)A county, in its discretion, may require a resource family or applicant to receive one or more hours of relevant specialized training that is in addition to the hours of that training that are required by state law.
SEC. 2.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 or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
(a)Each entity responsible for approving a resource family shall make recommendations to the resource family regarding training topics that support the case plans, goals, and needs of each child in the home, after consulting with the resource family and members of the child and family team for each child, as specified by the department in applicable written directives or regulations. A portion of the annual resource family training shall support the case plans, goals, and needs of children in the resource family home, if there are any children in the home, in accordance with applicable written directives or regulations, as specified by the department.
(b)A county, in its discretion, may require a resource family or applicant to receive one or more hours of relevant specialized training that is in addition to the hours of that training that are required by state law.
SEC. 2.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 or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
(a)Each entity responsible for approving a resource family shall make recommendations to the resource family regarding training topics that support the case plans, goals, and needs of each child in the home, after consulting with the resource family and members of the child and family team for each child, as specified by the department in applicable written directives or regulations.
(b)A county, in its discretion, may require a resource family or applicant to receive one or more hours of relevant specialized training that is in addition to the hours of that training that are required by state law.
SEC. 2.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 or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
All matter omitted in this version of the bill appears in the bill as amended in the Assembly, May 26, 2017. (JR11)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 an individual or family certified by a licensed foster family agency and issued a certificate of approval by that agency as meeting licensing standards, and used exclusively by that foster family agency for placements.
(d)Family home means the family residence of a licensee in which 24-hour care and supervision are provided for children.
(e)Small family home means any residential facility, in the 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 therapeutic program 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 an integrated program of specialized and intensive care and supervision, services and supports, and 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. Short-term residential therapeutic programs shall be organized and operated on a nonprofit basis.
(ae)Resource family means an approved caregiver, as defined in Section 16519.5.
(af)Core Services mean services means 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. 2.Section 11466.24 of the Welfare and Institutions Code is amended to read:11466.24.(a)In accordance with this section, a county shall collect an overpayment, discovered on or after January 1, 1999, made to a foster family home, an approved home of a relative, including, on and after the date that the director executes a declaration pursuant to Section 11217, the home of a Kin-GAP guardian, an approved home of a nonrelative extended family member, an approved home of a nonrelative legal guardian, a resource family, as defined in Section 16519.5, or the supervised independent living setting where a nonminor dependent resides, for any period of time in which the foster child was not cared for in that home, unless any of the following conditions exist, in which case a county shall not collect the overpayment:
(1)The cost of the collection exceeds that amount of the overpayment that is likely to be recovered by the county. The cost of collecting the overpayment and the likelihood of collection shall be documented by the county. Costs that the county shall consider when determining the cost-effectiveness to collect are total administrative, personnel, legal filing fee, and investigative costs, and any other applicable costs.
(2)The child was temporarily removed from the home and payment was owed to the provider to maintain the childs placement, or the child was temporarily absent from the providers home, or on runaway status and subsequently returned, and payment was made to the provider to meet the childs needs.
(3)The overpayment was exclusively the result of a county administrative error or both the county welfare department and the provider or nonminor dependent were unaware of the information that would establish that the foster child or nonminor dependent was not eligible for foster care benefits.
(4)The provider or nonminor dependent did not have knowledge of, and did not contribute to, the cause of the overpayment.
(b)(1)After notification by a county of an overpayment to a foster family home, an approved home of a relative, including the home of a Kin-GAP guardian, or a nonrelative extended family member, approved home of a nonrelative legal guardian, a resource family, or the supervised independent living setting where the nonminor dependent resides, and a demand letter for repayment, the foster parent, approved relative, approved nonrelative legal guardian, resource family, or nonminor dependent may request the county welfare department to review the overpayment determination in an informal hearing, or may file with the department a request for a hearing to appeal the overpayment determination. Requesting an informal hearing shall not preclude a payee from seeking a formal hearing at a later date. The county welfare department shall dismiss the overpayment repayment request if it determines the action to be incorrect through an initial review prior to a state hearing, or through a review in an informal hearing held at the request of the foster parent, relative, nonrelative legal guardian, or nonminor dependent.
(2)If an informal hearing does not result in the dismissal of the overpayment, or a formal appeal hearing is not requested, or on the 30th day following a formal appeal hearing decision, whichever is later, the foster family provider overpayment shall be sustained for collection purposes.
(3)The department shall adopt regulations that ensure that the best interests of the child or nonminor dependent shall be the primary concern of the county welfare director in any repayment agreement.
(c)(1)The department shall develop regulations for recovery of overpayments made to any foster family home, approved home of a relative, including the home of a Kin-GAP guardian, approved home of a nonrelative legal guardian, resource family, or supervised independent living setting where a nonminor dependent resides. The regulations shall prioritize collection methods, that shall include voluntary repayment agreement procedures and involuntary overpayment collection procedures. These procedures shall take into account the amount of the overpayment and a minimum required payment amount.
(2)A county shall not collect an overpayment through the use of an involuntary payment agreement unless a foster family home, an approved home of a relative, including the home of a Kin-GAP guardian, approved home of a nonrelative legal guardian, resource family, or supervised independent living setting where a nonminor dependent resides has rejected the offer of a voluntary overpayment agreement, or has failed to comply with the terms of the voluntary overpayment agreement.
(3)A county shall not be permitted to collect an overpayment through the offset of payments due to a foster family home, an approved home of a relative, including the home of a Kin-GAP guardian, approved home of a nonrelative legal guardian, resource family, or supervised independent living setting where a nonminor dependent resides, unless this method of repayment is requested by the provider or nonminor dependent in a voluntary repayment agreement, or other circumstances defined by the department by regulation.
(d)If a provider or nonminor dependent is successful in its appeal of a collected overpayment, it shall be repaid the collected overpayment plus simple interest based on the Surplus Money Investment Fund.
(e)A county may not collect interest on the repayment of an overpayment.
(f)There shall be a one-year statute of limitations from the date upon which the county determined that there was an overpayment.
SEC. 3.Section 16519.5 of the Welfare and Institutions Code is amended to read:16519.5.(a)The State Department of Social Services, in consultation with county child welfare agencies, foster parent associations, and other interested community parties, shall implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, certifying foster homes by licensed foster family agencies, approving relatives and nonrelative extended family members as foster care providers, and approving guardians and adoptive families.
(b)(1)For the purposes of this article, resource family means an individual or family that has successfully met both the home environment assessment standards and the permanency assessment criteria adopted pursuant to subdivision (c) 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. An applicant who will rely on the funding described in subdivision (k) to meet additional household expenses incurred due to the placement of a child shall not, for this reason, be denied approval as a resource family.
(E)An ability and willingness to provide a family setting that promotes normal childhood experiences that serves the needs of the child.
(2)For purposes of this article, and unless otherwise specified, references to a child shall include a nonminor dependent and nonminor former dependent or ward as defined in subdivision (v) and paragraph (1) of subdivision (aa) of Section 11400.
(3)There is no fundamental right to approval as a resource family.
(4)Subsequent to meeting the criteria set forth in this subdivision and designation as a resource family, a resource family shall be considered eligible to provide foster care for related and unrelated children in out-of-home placement and shall be considered approved for adoption or guardianship.
(5)For purposes of this article, resource family approval means that the applicant or resource family successfully meets the home environment assessment and permanency assessment standards. This approval is in lieu of a foster family home license issued pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, a certificate of approval issued by a licensed foster family agency, as described in subdivision (b) of Section 1506 of the Health and Safety Code, relative or nonrelative extended family member approval, guardianship approval, and the adoption home study approval.
(6)Approval of a resource family does not guarantee an initial, continued, or adoptive placement of a child with a resource family or with a relative or nonrelative extended family member pursuant to subdivision (d). Approval of a resource family does not guarantee the establishment of a legal guardianship of a child with a resource family.
(7)(A)Notwithstanding paragraphs (1) to (6), inclusive, the department or county shall cease any further review of an application if the applicant has had a previous application denial within the preceding year, or if the applicant has had a previous rescission, revocation, or exemption denial or exemption rescission by the department or county within the preceding two years.
(B)Notwithstanding subparagraph (A), the department or county may continue to review an application if it has determined that the reasons for the previous denial, rescission, or revocation were due to circumstances and conditions that either have been corrected or are no longer in existence. If an individual was excluded from a resource family home or facility licensed by the department, the department or county shall cease review of the individuals application unless the excluded individual has been reinstated pursuant to Section 11522 of the Government Code and subdivision (h) of Section 1558 of the Health and Safety Code. The cessation of review shall not constitute a denial of the application for purposes of this section or any other law.
(8)A resource family shall meet the approval standards set forth in this section, comply with the written directives or regulations adopted pursuant to this section, and comply with other applicable laws in order to maintain approval.
(9)A resource family may be approved by the department or a county pursuant to this section or by a foster family agency pursuant to Section 1517 of the Health and Safety Code.
(10)A resource family shall not be licensed as a residential facility, as defined in paragraph (1) of subdivision (a) of Section 1502 of the Health and Safety Code.
(c)(1)The department shall adopt standards pertaining to the home environment and permanency assessments of a resource family.
(2)Resource family home environment assessment standards shall include, but not be limited to, all of the following:
(A)(i)Criminal records clearance of each applicant and all adults residing in, or regularly present in, the home, and not exempted from fingerprinting, as set forth in subdivision (b) of Section 1522 of the Health and Safety Code, pursuant to Section 8712 of the Family Code, utilizing a check of the Child Abuse Central Index (CACI), and receipt of a fingerprint-based state and federal criminal offender record information search response. The criminal history information shall include subsequent notifications pursuant to Section 11105.2 of the Penal Code.
(ii)Consideration of any substantiated allegations of child abuse or neglect against the applicant and any other adult residing in, or regularly present in, the home. An approval may not be granted to applicants whose criminal record indicates a conviction for any of the offenses specified in subdivision (g) of Section 1522 of the Health and Safety Code.
(iii)If the resource family parent, applicant, or any other person specified in subdivision (b) of Section 1522 of the Health and Safety Code has been convicted of a crime other than a minor traffic violation or arrested for an offense specified in subdivision (e) of Section 1522 of the Health and Safety Code, except for the civil penalty language, the criminal background check provisions specified in subdivisions (d) to (f), inclusive, of Section 1522 of the Health and Safety Code shall apply. Exemptions from the criminal records clearance requirements set forth in this section may be granted by the department or the county, if that county had been granted permission by the department to issue criminal records exemptions pursuant to Section 361.4 on or before January 1, 2017, using the exemption criteria specified in subdivision (g) of Section 1522 of the Health and Safety Code and the written directives or regulations adopted pursuant to this section.
(iv)For public foster family agencies approving resource families, the criminal records clearance process set forth in clause (i) shall be utilized.
(v)For private foster family agencies approving resource families, the criminal records clearance process set forth in clause (i) shall be utilized, but the Department of Justice shall disseminate a fitness determination resulting from the federal criminal offender record information search.
(B)Buildings and grounds and storage requirements that ensure the health and safety of children.
(C)In addition to the foregoing requirements, the resource family home environment assessment standards shall also require the following:
(i)That the applicant demonstrates 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.
(3)The resource family permanency assessment standards shall include, but not be limited to, all of the following:
(A)Caregiver training, as described in subdivisions (f) and (g).
(B)A psychosocial assessment of an applicant, which shall include the results of a risk assessment.
(i)When the applicant is a relative or nonrelative extended family member to an identified child, the psychosocial assessment shall consider the nature of the relationship between the relative or nonrelative extended family member and the child. The relative or nonrelative extended family members expressed desire to only care for a specific child or children shall not be a reason to deny the approval.
(ii)A caregiver risk assessment shall include, but not be limited to, physical and mental health, alcohol and other substance use and abuse, family and domestic violence, and the factors listed in paragraph (1) of subdivision (b).
(C)Completion of any other activities that relate to the ability of an applicant or a resource family to achieve permanency with a child.
(d)(1)A county may place a child with a resource family applicant who has successfully completed the home environment assessment prior to completion of a permanency assessment only if a compelling reason for the placement exists based on the needs of the child.
(A)The permanency assessment shall be completed within 90 days of the childs placement in the home, unless good cause exists based upon the needs of the child.
(B)If additional time is needed to complete the permanency assessment, the county shall document the extenuating circumstances for the delay and generate a timeframe for the completion of the permanency assessment.
(C)The county shall report to the department on a quarterly basis the number of families with a child in an approved home whose permanency assessment goes beyond 90 days and summarize the reasons for these delays.
(2)(A)Upon an assessment completed pursuant to Section 309 or 361.45, a county may place a child with a relative, as defined in Section 319, or nonrelative extended family member, as defined in Section 362.7.
(B)For any emergency 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.
(C)Nothing in this paragraph shall be construed to limit the obligation under existing law to assess and give placement consideration to relatives and nonrelative extended family members.
(3)For any placement made pursuant to this subdivision, AFDC-FC funding shall not be available until approval of the resource family has been completed.
(4)Any child placed under this section shall be afforded all the rights set forth in Section 16001.9 and in the written directions or regulations adopted pursuant to this section.
(5)Nothing in this section shall limit the countys authority to inspect the home of a resource family applicant or a relative or nonrelative extended family member as often as necessary to ensure the quality of care provided.
(e)The State Department of Social Services shall be responsible for all of the following:
(1)(A)Until regulations are adopted, administering the program through the issuance of written directives that shall have the same force and effect as regulations. Any directive affecting Article 1 (commencing with Section 700) of Chapter 7 of Division 1 of Title 11 of the California Code of Regulations shall be approved by the Department of Justice. The directives shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340)) of Part 1 of Division 3 of Title 2 of the Government Code.
(B)Adopting, amending, or repealing, in accordance with Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code, any reasonable rules, regulations, and standards that may be necessary or proper to carry out the purposes and intent of this chapter and to enable the department to exercise the powers and perform the duties conferred upon it by this section, consistent with the laws of this state.
(2)Approving and requiring the use of a single standard for resource family approval.
(3)Adopting and requiring the use of standardized documentation for the home environment and permanency assessments of resource families.
(4)Adopting core competencies for county staff to participate in the assessment and evaluation of an applicant or resource family.
(5)Requiring counties to monitor county-approved resource families, including, but not limited to, both 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.
(6)Ongoing oversight and monitoring of county systems and operations including all of the following:
(A)Reviewing the countys implementation plan and implementation of the program.
(B)Reviewing an adequate number of county-approved resource families in each county to ensure that approval standards are being properly applied. The review shall include case file documentation, and may include onsite inspection of individual resource families. The review shall occur on an annual basis, and more frequently if the department becomes aware that a county is experiencing a disproportionate number of complaints against individual resource family homes.
(C)Reviewing county reports of serious complaints and incidents involving approved resource families, as determined necessary by the department. The department may conduct an independent review of the complaint or incident and change the findings depending on the results of its investigation.
(D)Investigating unresolved complaints against counties.
(E)Requiring corrective action of counties that are not in full compliance with this section.
(7)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.
(8)Implementing due process procedures, including, but not limited to, all of the following:
(A)Providing a statewide fair hearing process for application denials, rescissions of approval, exclusion actions, or criminal record exemption denials or rescissions by a county or the department.
(B)Providing an excluded individual with due process pursuant to Section 16519.6.
(C)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.
(f)Counties shall be responsible for all of the following:
(1)Submitting an implementation plan and consulting with the county probation department in the development of the implementation plan.
(2)Complying with the written directives or regulations adopted pursuant to this section.
(3)Implementing the requirements for resource family approval and utilizing standardized documentation established by the department.
(4)Training appropriate staff, including ensuring staff have the education and experience or core competencies necessary to participate in the assessment and evaluation of an applicant or resource family.
(5)(A)Taking the following actions, as applicable:
(i)(I)Approving or denying resource family applications, including preparing a written evaluation of an applicants capacity to foster, adopt, or provide legal guardianship of a child based on all of the information gathered through the resource family application and assessment processes.
(II)Considering the applicants preference to provide a specific level of permanency, including adoption, guardianship, or, in the case of a relative, placement with a fit and willing relative, shall not be a basis to deny an application.
(ii)Rescinding approvals of resource families.
(iii)When applicable, referring a case to the department for an action to exclude 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 from physical or mental abuse, abandonment, or any other substantial threat to health or safety, consistent with the established standard.
(v)Granting, denying, or rescinding criminal record exemptions.
(B)Providing a resource family parent, applicant, or individual who is the subject of a criminal record exemption decision with due process pursuant to Section 16519.6.
(C)Notifying the department of any decisions denying an application for resource family approval, rescinding the approval of a resource family, or denying or rescinding a criminal record exemption and, if applicable, notifying the department of the results of an administrative action.
(6)(A)Updating resource family approval annually and as necessary to address any changes that have occurred in the resource familys circumstances, including, but not limited to, moving to a new home location or commencing operation of a family day care home, as defined in Section 1596.78 of the Health and Safety Code.
(B)A county shall conduct an announced inspection of a resource family home during the annual update, and as necessary to address any changes specified in subparagraph (A), in order to ensure that the resource family is conforming to all applicable laws and the written directives or regulations adopted pursuant to this section.
(7)Monitoring resource families through all of the following:
(A)Ensuring that social workers who identify a condition in the home that may not meet the approval standards set forth in subdivision (c) 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 meet the approval standards set forth in this section and to comply with the written directives or regulations adopted pursuant to this section, other applicable laws, and corrective action plans as necessary to correct identified deficiencies. If corrective action is not completed as specified in the plan, the county may rescind the resource family approval.
(C)Requiring resource families to report to the county child welfare agency any incidents consistent with the reporting requirements for licensed foster family homes.
(D)Inspecting resource family homes as often as necessary to ensure the quality of care provided.
(8)(A)Investigating all complaints against a resource family and taking action as necessary, including, but not limited to, investigating any incidents reported about a resource family indicating that the approval standard is not being maintained and inspecting the resource family home.
(B)The childs social worker shall not conduct the formal investigation into the complaint received concerning a family providing services under the standards required by subdivision (c). To the extent that adequate resources are available, complaints shall be investigated by a worker who did not initially conduct the home environment or psychosocial assessments.
(C)Upon conclusion of the complaint investigation, the final disposition shall be reviewed and approved by a supervising staff member.
(D)The department shall be notified of any serious incidents or serious complaints or any incident that falls within the definition of Section 11165.5 of the Penal Code. If those incidents or complaints result in an investigation, the department shall also be notified as to the status and disposition of that investigation.
(9)Performing corrective action as required by the department.
(10)Assessing county performance in related areas of the California Child and Family Service Review System, and remedying problems identified.
(11)Submitting information and data that the department determines is necessary to study, monitor, and prepare the report specified in paragraph (6) of subdivision (e).
(12)Ensuring resource family applicants and resource families have the necessary knowledge, skills, and abilities to support children in foster care by completing caregiver training. The training should include a curriculum that supports the role of a resource family in parenting vulnerable children and should be ongoing in order to provide resource families with information on trauma-informed practices and requirements and other topics within the foster care system.
(13)Ensuring that a resource family applicant completes a minimum of 12 hours of preapproval caregiver training. The training shall include, but not be limited to, all of the following courses:
(A)An overview of the child protective and probation systems.
(B)The effects of trauma, including grief and loss, and child abuse and neglect, on child development and behavior, and methods to behaviorally support children impacted by that trauma or child abuse and neglect.
(C)Positive discipline and the importance of self-esteem.
(D)Health issues in foster care.
(E)Accessing services and supports to address education needs, physical, mental, and behavioral health, and substance use disorders, including culturally relevant services.
(F)The rights of a child in foster care, and the resource 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.
(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, as described in subdivision (c) of Section 1522.44 of the Health and Safety Code, and to provide a family setting that promotes normal childhood experiences and that serves the needs of the child.
(N)An overview of the specialized training identified in subdivision (g).
(14)(A)Ensuring approved resource families complete a minimum of eight hours of caregiver training annually. Each As part of the annual resource family approval updates set forth in paragraph (6), each entity responsible for approving a resource family shall work with that resource family to develop a training plan that meets the following criteria:
(i)Is child or youth informed.
(ii)Is developed collaboratively with the child and family team.(iii)Is based on the specific(ii)Supports the case plans, goals, and needs of each child or youth in the home.
(iii)Addresses specific training topics requested by the resource family.
(iv)Addresses training topics related to issues identified as causing or contributing to law enforcement contact, interventions for the purpose of voluntary or involuntary hospitalization, or possible or actual placement disruptions.
(iv)(v)Addresses topics from subparagraph (M) of paragraph (13) and one or more of the other topics listed in paragraph (13).
(B)If the resource family experiences a serious incident that threatens to disrupt, or actually disrupts, placement, such as law enforcement contact, intervention for purpose of voluntary or involuntary psychiatric hospitalization, or the family providing notice they would like the child or youth removed from their home, the training plan shall immediately be amended to include any additional training necessary to support the resource family and child or youth.(B)The training plan shall be developed in conjunction with the familys resource family approval update as specified in this section, with input from the social worker or probation office staff for each child who is presently in the home, and shall be informed by discussions in the child and family team meetings.
(g)In addition to any training required by this section, a county may require a resource family or applicant to receive additional hours of relevant specialized training for the purpose of preparing the resource family to meet the needs of a particular child in care. This training may include, but is not limited to, the following:
(1)Understanding how to use best practices for providing care and supervision to commercially sexually exploited children.
(2)Understanding how to use best practices for providing care and supervision to lesbian, gay, bisexual, and transgender children.
(3)Understanding the requirements and best practices regarding psychotropic medications, including, but not limited to, court authorization, benefits, uses, side effects, interactions, assistance with self-administration, misuse, documentation, storage, and metabolic monitoring of children prescribed psychotropic medications.
(4)Understanding the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), its historical significance, the rights of children covered by the act, and the best interests of Indian children, including the role of the caregiver in supporting culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership 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.
(h)This section does not preclude a county from requiring training in excess of the requirements in this section.
(i)(1)Resource families who move home locations shall retain their resource family status pending the outcome of the update conducted pursuant to paragraph (6) of subdivision (f).
(2)(A)If a resource family moves from one county to another county, the department, or the county to which a resource family has moved, shall submit a written request to the Department of Justice to transfer the individuals subsequent arrest notification, as specified in subdivision (h) of Section 1522 of the Health and Safety Code.
(B)A request to transfer subsequent arrest notification shall contain all prescribed data elements and format protocols pursuant to a written agreement between the department and the Department of Justice.
(3)Subject to the requirements in paragraph (1), the resource family shall continue to be approved for guardianship and adoption. This subdivision does not limit a county, foster family agency, or adoption agency from determining that the family is not approved for guardianship or adoption based on changes in the familys circumstances or psychosocial assessment.
(j)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.
(k)A child placed with a resource family is eligible for the resource family basic rate, pursuant to Sections 11253.45, 11460, 11461, and 11463, and subdivision (l) of Section 11461.3, at the childs assessed level of care.
(l)Sharing ratios for nonfederal expenditures for all costs associated with activities related to the approval of relatives and nonrelative extended family members shall be in accordance with Section 10101.
(m)The Department of Justice shall charge fees sufficient to cover the cost of initial or subsequent criminal offender record information and Child Abuse Central Index searches, processing, or responses, as specified in this section.
(n)Except as provided, approved resource families shall be exempt from both of the following:
(1)Licensure requirements set forth under the California Community Care Facilities Act, commencing with Section 1500 of the Health and Safety Code, and all regulations promulgated thereto.
(2)Relative and nonrelative extended family member approval requirements set forth under Sections 309, 361.4, and 362.7, and all regulations promulgated thereto.
(o)(1)Early implementation counties shall be authorized to continue through December 31, 2016. The program shall be implemented by each county on or before January 1, 2017.
(2)(A)(i)On and after January 1, 2017, a county to which the department has delegated its licensing authority pursuant to Section 1511 of the Health and Safety Code shall approve resource families in lieu of licensing foster family homes.
(ii)Notwithstanding clause (i), the existing licensure and oversight processes shall continue to be administered for foster family homes licensed prior to January 1, 2017, or as specified in subparagraph (C), until the license is revoked or forfeited by operation of law pursuant to Section 1517.1 of the Health and Safety Code.
(B)(i)On and after January 1, 2017, a county shall approve resource families in lieu of approving relative and nonrelative extended family members.
(ii)Notwithstanding clause (i), the existing approval and oversight processes shall continue to be administered for relatives and nonrelative extended family members approved prior to January 1, 2017, or as specified in subparagraph (C), until the approval is revoked or forfeited by operation of law pursuant to this section.
(C)Notwithstanding subparagraph (D), a county shall approve or deny all applications for foster family home licenses and requests for relative or nonrelative extended family member approvals received on or before December 31, 2016, in accordance with Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code or provisions providing for the approval of relatives or nonrelative extended family members, as applicable.
(D)On and after January 1, 2017, a county shall not accept applications for foster family home licenses or requests to approve relatives or nonrelative extended family members.
(3)No later than July 1, 2017, each county shall provide the following information to all licensed foster family homes and approved relatives and nonrelative extended family members licensed or approved by the county:
(A)A detailed description of the resource family approval program.
(B)Notification that, in order to care for a foster child, resource family approval is required by December 31, 2019.
(C)Notification that a foster family home license and an approval of a relative or nonrelative extended family member shall be forfeited by operation of law as specified in paragraph (5).
(4)By no later than January 1, 2018, the following shall apply to all licensed foster family homes and approved relative and nonrelative extended family members:
(A)A licensed foster family home or an approved relative or nonrelative extended family member with an approved adoptive home study completed prior to January 1, 2018, shall be deemed to be an approved resource family.
(B)A licensed foster family home or an approved relative or nonrelative extended family member who had a child in placement at any time between January 1, 2017, and December 31, 2017, inclusive, may be approved as a resource family on the date of successful completion of a psychosocial assessment pursuant to subparagraph (B) of paragraph (3) of subdivision (c).
(C)A county may provide supportive services to all licensed foster family homes, relatives, and nonrelative extended family members with a child in placement to assist with the resource family transition and to minimize placement disruptions.
(5)All foster family licenses and approvals of relatives and nonrelative extended family members shall be forfeited by operation of law on December 31, 2019, except as provided in this paragraph or Section 1524 of the Health and Safety Code:
(A)All licensed foster family homes that did not have a child in placement at any time between January 1, 2017, and December 31, 2017, inclusive, shall forfeit the license by operation of law on January 1, 2018.
(B)For foster family home licensees and approved relatives or nonrelative extended family members who have a pending resource family application on December 31, 2019, the foster family home license or relative and nonrelative extended family member approval shall be forfeited by operation of law upon approval as a resource family. If approval is denied, forfeiture by operation of law shall occur on the date of completion of any proceedings required by law to ensure due process.
(C)A foster family home license shall be forfeited by operation of law, pursuant to subdivision (b) of Section 1524 of the Health and Safety Code, upon approval as a resource family.
(D)Approval as a relative or nonrelative extended family member shall be forfeited by operation of law upon approval as a resource family.
(p)On and after January 1, 2017, all licensed foster family agencies shall approve resource families in lieu of certifying foster homes, as set forth in Section 1517 of the Health and Safety Code.
(q)A county is authorized to obtain any arrest or conviction records or reports from any court or law enforcement agency as necessary to the performance of its duties, as provided in this section or subdivision (e) of Section 1522 of the Health and Safety Code.
(r)A resource family approved pursuant to this section shall forfeit its approval concurrent with resource family approval by a foster family agency.
SEC. 4.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 or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
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 an individual or family certified by a licensed foster family agency and issued a certificate of approval by that agency as meeting licensing standards, and used exclusively by that foster family agency for placements.
(d)Family home means the family residence of a licensee in which 24-hour care and supervision are provided for children.
(e)Small family home means any residential facility, in the 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 therapeutic program 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 an integrated program of specialized and intensive care and supervision, services and supports, and 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. Short-term residential therapeutic programs shall be organized and operated on a nonprofit basis.
(ae)Resource family means an approved caregiver, as defined in 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. 2.Section 11466.24 of the Welfare and Institutions Code is amended to read:11466.24.(a)In accordance with this section, a county shall collect an overpayment, discovered on or after January 1, 1999, made to a foster family home, an approved home of a relative, including, on and after the date that the director executes a declaration pursuant to Section 11217, the home of a Kin-GAP guardian, an approved home of a nonrelative extended family member, an approved home of a nonrelative legal guardian, a resource family, as defined in Section 16519.5, or the supervised independent living setting where a nonminor dependent resides, for any period of time in which the foster child was not cared for in that home, unless any of the following conditions exist, in which case a county shall not collect the overpayment:
(1)The cost of the collection exceeds that amount of the overpayment that is likely to be recovered by the county. The cost of collecting the overpayment and the likelihood of collection shall be documented by the county. Costs that the county shall consider when determining the cost-effectiveness to collect are total administrative, personnel, legal filing fee, and investigative costs, and any other applicable costs.
(2)The child was temporarily removed from the home and payment was owed to the provider to maintain the childs placement, or the child was temporarily absent from the providers home, or on runaway status and subsequently returned, and payment was made to the provider to meet the childs needs.
(3)The overpayment was exclusively the result of a county administrative error or both the county welfare department and the provider or nonminor dependent were unaware of the information that would establish that the foster child or nonminor dependent was not eligible for foster care benefits.
(4)The provider or nonminor dependent did not have knowledge of, and did not contribute to, the cause of the overpayment.
(b)(1)After notification by a county of an overpayment to a foster family home, an approved home of a relative, including the home of a Kin-GAP guardian, or a nonrelative extended family member, approved home of a nonrelative legal guardian, a resource family, or the supervised independent living setting where the nonminor dependent resides, and a demand letter for repayment, the foster parent, approved relative, approved nonrelative legal guardian, resource family, or nonminor dependent may request the county welfare department to review the overpayment determination in an informal hearing, or may file with the department a request for a hearing to appeal the overpayment determination. Requesting an informal hearing shall not preclude a payee from seeking a formal hearing at a later date. The county welfare department shall dismiss the overpayment repayment request if it determines the action to be incorrect through an initial review prior to a state hearing, or through a review in an informal hearing held at the request of the foster parent, relative, nonrelative legal guardian, or nonminor dependent.
(2)If an informal hearing does not result in the dismissal of the overpayment, or a formal appeal hearing is not requested, or on the 30th day following a formal appeal hearing decision, whichever is later, the foster family provider overpayment shall be sustained for collection purposes.
(3)The department shall adopt regulations that ensure that the best interests of the child or nonminor dependent shall be the primary concern of the county welfare director in any repayment agreement.
(c)(1)The department shall develop regulations for recovery of overpayments made to any foster family home, approved home of a relative, including the home of a Kin-GAP guardian, approved home of a nonrelative legal guardian, resource family, or supervised independent living setting where a nonminor dependent resides. The regulations shall prioritize collection methods, that shall include voluntary repayment agreement procedures and involuntary overpayment collection procedures. These procedures shall take into account the amount of the overpayment and a minimum required payment amount.
(2)A county shall not collect an overpayment through the use of an involuntary payment agreement unless a foster family home, an approved home of a relative, including the home of a Kin-GAP guardian, approved home of a nonrelative legal guardian, resource family, or supervised independent living setting where a nonminor dependent resides has rejected the offer of a voluntary overpayment agreement, or has failed to comply with the terms of the voluntary overpayment agreement.
(3)A county shall not be permitted to collect an overpayment through the offset of payments due to a foster family home, an approved home of a relative, including the home of a Kin-GAP guardian, approved home of a nonrelative legal guardian, resource family, or supervised independent living setting where a nonminor dependent resides, unless this method of repayment is requested by the provider or nonminor dependent in a voluntary repayment agreement, or other circumstances defined by the department by regulation.
(d)If a provider or nonminor dependent is successful in its appeal of a collected overpayment, it shall be repaid the collected overpayment plus simple interest based on the Surplus Money Investment Fund.
(e)A county may not collect interest on the repayment of an overpayment.
(f)There shall be a one-year statute of limitations from the date upon which the county determined that there was an overpayment.
SEC. 3.Section 16519.5 of the Welfare and Institutions Code is amended to read:16519.5.(a)The State Department of Social Services, in consultation with county child welfare agencies, foster parent associations, and other interested community parties, shall implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, certifying foster homes by licensed foster family agencies, approving relatives and nonrelative extended family members as foster care providers, and approving guardians and adoptive families.
(b)(1)For the purposes of this article, resource family means an individual or family that has successfully met both the home environment assessment standards and the permanency assessment criteria adopted pursuant to subdivision (c) 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. An applicant who will rely on the funding described in subdivision (k) to meet additional household expenses incurred due to the placement of a child shall not, for this reason, be denied approval as a resource family.
(E)An ability and willingness to provide a family setting that promotes normal childhood experiences that serves the needs of the child.
(2)For purposes of this article, and unless otherwise specified, references to a child shall include a nonminor dependent and nonminor former dependent or ward as defined in subdivision (v) and paragraph (1) of subdivision (aa) of Section 11400.
(3)There is no fundamental right to approval as a resource family.
(4)Subsequent to meeting the criteria set forth in this subdivision and designation as a resource family, a resource family shall be considered eligible to provide foster care for related and unrelated children in out-of-home placement and shall be considered approved for adoption or guardianship.
(5)For purposes of this article, resource family approval means that the applicant or resource family successfully meets the home environment assessment and permanency assessment standards. This approval is in lieu of a foster family home license issued pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, a certificate of approval issued by a licensed foster family agency, as described in subdivision (b) of Section 1506 of the Health and Safety Code, relative or nonrelative extended family member approval, guardianship approval, and the adoption home study approval.
(6)Approval of a resource family does not guarantee an initial, continued, or adoptive placement of a child with a resource family or with a relative or nonrelative extended family member pursuant to subdivision (d). Approval of a resource family does not guarantee the establishment of a legal guardianship of a child with a resource family.
(7)(A)Notwithstanding paragraphs (1) to (6), inclusive, the department or county shall cease any further review of an application if the applicant has had a previous application denial within the preceding year, or if the applicant has had a previous rescission, revocation, or exemption denial or exemption rescission by the department or county within the preceding two years.
(B)Notwithstanding subparagraph (A), the department or county may continue to review an application if it has determined that the reasons for the previous denial, rescission, or revocation were due to circumstances and conditions that either have been corrected or are no longer in existence. If an individual was excluded from a resource family home or facility licensed by the department, the department or county shall cease review of the individuals application unless the excluded individual has been reinstated pursuant to Section 11522 of the Government Code and subdivision (h) of Section 1558 of the Health and Safety Code. The cessation of review shall not constitute a denial of the application for purposes of this section or any other law.
(8)A resource family shall meet the approval standards set forth in this section, comply with the written directives or regulations adopted pursuant to this section, and comply with other applicable laws in order to maintain approval.
(9)A resource family may be approved by the department or a county pursuant to this section or by a foster family agency pursuant to Section 1517 of the Health and Safety Code.
(10)A resource family shall not be licensed as a residential facility, as defined in paragraph (1) of subdivision (a) of Section 1502 of the Health and Safety Code.
(c)(1)The department shall adopt standards pertaining to the home environment and permanency assessments of a resource family.
(2)Resource family home environment assessment standards shall include, but not be limited to, all of the following:
(A)(i)Criminal records clearance of each applicant and all adults residing in, or regularly present in, the home, and not exempted from fingerprinting, as set forth in subdivision (b) of Section 1522 of the Health and Safety Code, pursuant to Section 8712 of the Family Code, utilizing a check of the Child Abuse Central Index (CACI), and receipt of a fingerprint-based state and federal criminal offender record information search response. The criminal history information shall include subsequent notifications pursuant to Section 11105.2 of the Penal Code.
(ii)Consideration of any substantiated allegations of child abuse or neglect against the applicant and any other adult residing in, or regularly present in, the home. An approval may not be granted to applicants whose criminal record indicates a conviction for any of the offenses specified in subdivision (g) of Section 1522 of the Health and Safety Code.
(iii)If the resource family parent, applicant, or any other person specified in subdivision (b) of Section 1522 of the Health and Safety Code has been convicted of a crime other than a minor traffic violation or arrested for an offense specified in subdivision (e) of Section 1522 of the Health and Safety Code, except for the civil penalty language, the criminal background check provisions specified in subdivisions (d) to (f), inclusive, of Section 1522 of the Health and Safety Code shall apply. Exemptions from the criminal records clearance requirements set forth in this section may be granted by the department or the county, if that county had been granted permission by the department to issue criminal records exemptions pursuant to Section 361.4 on or before January 1, 2017, using the exemption criteria specified in subdivision (g) of Section 1522 of the Health and Safety Code and the written directives or regulations adopted pursuant to this section.
(iv)For public foster family agencies approving resource families, the criminal records clearance process set forth in clause (i) shall be utilized.
(v)For private foster family agencies approving resource families, the criminal records clearance process set forth in clause (i) shall be utilized, but the Department of Justice shall disseminate a fitness determination resulting from the federal criminal offender record information search.
(B)Buildings and grounds and storage requirements that ensure the health and safety of children.
(C)In addition to the foregoing requirements, the resource family home environment assessment standards shall also require the following:
(i)That the applicant demonstrates 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.
(3)The resource family permanency assessment standards shall include, but not be limited to, all of the following:
(A)Caregiver training, as described in subdivisions (f) and (g).
(B)A psychosocial assessment of an applicant, which shall include the results of a risk assessment.
(i)When the applicant is a relative or nonrelative extended family member to an identified child, the psychosocial assessment shall consider the nature of the relationship between the relative or nonrelative extended family member and the child. The relative or nonrelative extended family members expressed desire to only care for a specific child or children shall not be a reason to deny the approval.
(ii)A caregiver risk assessment shall include, but not be limited to, physical and mental health, alcohol and other substance use and abuse, family and domestic violence, and the factors listed in paragraph (1) of subdivision (b).
(C)Completion of any other activities that relate to the ability of an applicant or a resource family to achieve permanency with a child.
(d)(1)A county may place a child with a resource family applicant who has successfully completed the home environment assessment prior to completion of a permanency assessment only if a compelling reason for the placement exists based on the needs of the child.
(A)The permanency assessment shall be completed within 90 days of the childs placement in the home, unless good cause exists based upon the needs of the child.
(B)If additional time is needed to complete the permanency assessment, the county shall document the extenuating circumstances for the delay and generate a timeframe for the completion of the permanency assessment.
(C)The county shall report to the department on a quarterly basis the number of families with a child in an approved home whose permanency assessment goes beyond 90 days and summarize the reasons for these delays.
(2)(A)Upon an assessment completed pursuant to Section 309 or 361.45, a county may place a child with a relative, as defined in Section 319, or nonrelative extended family member, as defined in Section 362.7.
(B)For any emergency 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.
(C)Nothing in this paragraph shall be construed to limit the obligation under existing law to assess and give placement consideration to relatives and nonrelative extended family members.
(3)For any placement made pursuant to this subdivision, AFDC-FC funding shall not be available until approval of the resource family has been completed.
(4)Any child placed under this section shall be afforded all the rights set forth in Section 16001.9 and in the written directions or regulations adopted pursuant to this section.
(5)Nothing in this section shall limit the countys authority to inspect the home of a resource family applicant or a relative or nonrelative extended family member as often as necessary to ensure the quality of care provided.
(e)The State Department of Social Services shall be responsible for all of the following:
(1)(A)Until regulations are adopted, administering the program through the issuance of written directives that shall have the same force and effect as regulations. Any directive affecting Article 1 (commencing with Section 700) of Chapter 7 of Division 1 of Title 11 of the California Code of Regulations shall be approved by the Department of Justice. The directives shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340)) of Part 1 of Division 3 of Title 2 of the Government Code.
(B)Adopting, amending, or repealing, in accordance with Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code, any reasonable rules, regulations, and standards that may be necessary or proper to carry out the purposes and intent of this chapter and to enable the department to exercise the powers and perform the duties conferred upon it by this section, consistent with the laws of this state.
(2)Approving and requiring the use of a single standard for resource family approval.
(3)Adopting and requiring the use of standardized documentation for the home environment and permanency assessments of resource families.
(4)Adopting core competencies for county staff to participate in the assessment and evaluation of an applicant or resource family.
(5)Requiring counties to monitor county-approved resource families, including, but not limited to, both 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.
(6)Ongoing oversight and monitoring of county systems and operations including all of the following:
(A)Reviewing the countys implementation plan and implementation of the program.
(B)Reviewing an adequate number of county-approved resource families in each county to ensure that approval standards are being properly applied. The review shall include case file documentation, and may include onsite inspection of individual resource families. The review shall occur on an annual basis, and more frequently if the department becomes aware that a county is experiencing a disproportionate number of complaints against individual resource family homes.
(C)Reviewing county reports of serious complaints and incidents involving approved resource families, as determined necessary by the department. The department may conduct an independent review of the complaint or incident and change the findings depending on the results of its investigation.
(D)Investigating unresolved complaints against counties.
(E)Requiring corrective action of counties that are not in full compliance with this section.
(7)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.
(8)Implementing due process procedures, including, but not limited to, all of the following:
(A)Providing a statewide fair hearing process for application denials, rescissions of approval, exclusion actions, or criminal record exemption denials or rescissions by a county or the department.
(B)Providing an excluded individual with due process pursuant to Section 16519.6.
(C)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.
(f)Counties shall be responsible for all of the following:
(1)Submitting an implementation plan and consulting with the county probation department in the development of the implementation plan.
(2)Complying with the written directives or regulations adopted pursuant to this section.
(3)Implementing the requirements for resource family approval and utilizing standardized documentation established by the department.
(4)Training appropriate staff, including ensuring staff have the education and experience or core competencies necessary to participate in the assessment and evaluation of an applicant or resource family.
(5)(A)Taking the following actions, as applicable:
(i)(I)Approving or denying resource family applications, including preparing a written evaluation of an applicants capacity to foster, adopt, or provide legal guardianship of a child based on all of the information gathered through the resource family application and assessment processes.
(II)Considering the applicants preference to provide a specific level of permanency, including adoption, guardianship, or, in the case of a relative, placement with a fit and willing relative, shall not be a basis to deny an application.
(ii)Rescinding approvals of resource families.
(iii)When applicable, referring a case to the department for an action to exclude 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 from physical or mental abuse, abandonment, or any other substantial threat to health or safety, consistent with the established standard.
(v)Granting, denying, or rescinding criminal record exemptions.
(B)Providing a resource family parent, applicant, or individual who is the subject of a criminal record exemption decision with due process pursuant to Section 16519.6.
(C)Notifying the department of any decisions denying an application for resource family approval, rescinding the approval of a resource family, or denying or rescinding a criminal record exemption and, if applicable, notifying the department of the results of an administrative action.
(6)(A)Updating resource family approval annually and as necessary to address any changes that have occurred in the resource familys circumstances, including, but not limited to, moving to a new home location or commencing operation of a family day care home, as defined in Section 1596.78 of the Health and Safety Code.
(B)A county shall conduct an announced inspection of a resource family home during the annual update, and as necessary to address any changes specified in subparagraph (A), in order to ensure that the resource family is conforming to all applicable laws and the written directives or regulations adopted pursuant to this section.
(7)Monitoring resource families through all of the following:
(A)Ensuring that social workers who identify a condition in the home that may not meet the approval standards set forth in subdivision (c) 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 meet the approval standards set forth in this section and to comply with the written directives or regulations adopted pursuant to this section, other applicable laws, and corrective action plans as necessary to correct identified deficiencies. If corrective action is not completed as specified in the plan, the county may rescind the resource family approval.
(C)Requiring resource families to report to the county child welfare agency any incidents consistent with the reporting requirements for licensed foster family homes.
(D)Inspecting resource family homes as often as necessary to ensure the quality of care provided.
(8)(A)Investigating all complaints against a resource family and taking action as necessary, including, but not limited to, investigating any incidents reported about a resource family indicating that the approval standard is not being maintained and inspecting the resource family home.
(B)The childs social worker shall not conduct the formal investigation into the complaint received concerning a family providing services under the standards required by subdivision (c). To the extent that adequate resources are available, complaints shall be investigated by a worker who did not initially conduct the home environment or psychosocial assessments.
(C)Upon conclusion of the complaint investigation, the final disposition shall be reviewed and approved by a supervising staff member.
(D)The department shall be notified of any serious incidents or serious complaints or any incident that falls within the definition of Section 11165.5 of the Penal Code. If those incidents or complaints result in an investigation, the department shall also be notified as to the status and disposition of that investigation.
(9)Performing corrective action as required by the department.
(10)Assessing county performance in related areas of the California Child and Family Service Review System, and remedying problems identified.
(11)Submitting information and data that the department determines is necessary to study, monitor, and prepare the report specified in paragraph (6) of subdivision (e).
(12)Ensuring resource family applicants and resource families have the necessary knowledge, skills, and abilities to support children in foster care by completing caregiver training. The training should include a curriculum that supports the role of a resource family in parenting vulnerable children and should be ongoing in order to provide resource families with information on trauma-informed practices and requirements and other topics within the foster care system.
(13)Ensuring that a resource family applicant completes a minimum of 12 hours of preapproval caregiver training. The training shall include, but not be limited to, all of the following courses:
(A)An overview of the child protective and probation systems.
(B)The effects of trauma, including grief and loss, and child abuse and neglect, on child development and behavior, and methods to behaviorally support children impacted by that trauma or child abuse and neglect.
(C)Positive discipline and the importance of self-esteem.
(D)Health issues in foster care.
(E)Accessing services and supports to address education needs, physical, mental, and behavioral health, and substance use disorders, including culturally relevant services.
(F)The rights of a child in foster care, and the resource 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.
(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, as described in subdivision (c) of Section 1522.44 of the Health and Safety Code, and to provide a family setting that promotes normal childhood experiences and that serves the needs of the child.
(N)An overview of the specialized training identified in subdivision (g).
(14)(A)Ensuring approved resource families complete a minimum of eight hours of caregiver training annually, based upon a collaborative plan developed by the child and family team in the best interest of the child or youth in the resource family. The plan shall specify the annual training requirement and identify potential relevant placement disruptions, including situations requiring a response by peace officers or circumstances in which a family member is taken into custody pursuant to Section 5150. The plan shall also include the topics described in subparagraph (M) of paragraph (13) and one or more of the other topics listed in paragraph (13). annually. Each entity responsible for approving a resource family shall work with that resource family to develop a training plan that meets the following criteria:
(i)Is child or youth informed.
(ii)Is developed collaboratively with the child and family team.
(iii)Is based on the specific case plans, goals, and needs of each child or youth in the home.
(iv)Addresses topics from subparagraph (M) of paragraph (13) and one or more of the other topics listed in paragraph (13).
(B)If the resource family experiences a serious incident that threatens to disrupt, or actually disrupts, placement, such as law enforcement contact, intervention for purpose of voluntary or involuntary psychiatric hospitalization, or the family providing notice they would like the child or youth removed from their home, the training plan shall immediately be amended to include any additional training necessary to support the resource family and child or youth.
(g)In addition to any training required by this section, a county may require a resource family or applicant to receive additional hours of relevant specialized training for the purpose of preparing the resource family to meet the needs of a particular child in care. This training may include, but is not limited to, the following:
(1)Understanding how to use best practices for providing care and supervision to commercially sexually exploited children.
(2)Understanding how to use best practices for providing care and supervision to lesbian, gay, bisexual, and transgender children.
(3)Understanding the requirements and best practices regarding psychotropic medications, including, but not limited to, court authorization, benefits, uses, side effects, interactions, assistance with self-administration, misuse, documentation, storage, and metabolic monitoring of children prescribed psychotropic medications.
(4)Understanding the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), its historical significance, the rights of children covered by the act, and the best interests of Indian children, including the role of the caregiver in supporting culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership and connection to the tribal community and traditions.
(5)Understanding how to use best practices for providing care and supervision to nonminor dependents.
(6)Understanding how to use best practices for providing care and supervision to children with special health care needs.
(7)Understanding the different permanency options and the services and benefits associated with the options.
(h)This section does not preclude a county from requiring training in excess of the requirements in this section.
(i)(1)Resource families who move home locations shall retain their resource family status pending the outcome of the update conducted pursuant to paragraph (6) of subdivision (f).
(2)(A)If a resource family moves from one county to another county, the department, or the county to which a resource family has moved, shall submit a written request to the Department of Justice to transfer the individuals subsequent arrest notification, as specified in subdivision (h) of Section 1522 of the Health and Safety Code.
(B)A request to transfer subsequent arrest notification shall contain all prescribed data elements and format protocols pursuant to a written agreement between the department and the Department of Justice.
(3)Subject to the requirements in paragraph (1), the resource family shall continue to be approved for guardianship and adoption. This subdivision does not limit a county, foster family agency, or adoption agency from determining that the family is not approved for guardianship or adoption based on changes in the familys circumstances or psychosocial assessment.
(j)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.
(k)A child placed with a resource family is eligible for the resource family basic rate, pursuant to Sections 11253.45, 11460, 11461, and 11463, and subdivision (l) of Section 11461.3, at the childs assessed level of care.
(l)Sharing ratios for nonfederal expenditures for all costs associated with activities related to the approval of relatives and nonrelative extended family members shall be in accordance with Section 10101.
(m)The Department of Justice shall charge fees sufficient to cover the cost of initial or subsequent criminal offender record information and Child Abuse Central Index searches, processing, or responses, as specified in this section.
(n)Except as provided, approved resource families shall be exempt from both of the following:
(1)Licensure requirements set forth under the California Community Care Facilities Act, commencing with Section 1500 of the Health and Safety Code, and all regulations promulgated thereto.
(2)Relative and nonrelative extended family member approval requirements set forth under Sections 309, 361.4, and 362.7, and all regulations promulgated thereto.
(o)(1)Early implementation counties shall be authorized to continue through December 31, 2016. The program shall be implemented by each county on or before January 1, 2017.
(2)(A)(i)On and after January 1, 2017, a county to which the department has delegated its licensing authority pursuant to Section 1511 of the Health and Safety Code shall approve resource families in lieu of licensing foster family homes.
(ii)Notwithstanding clause (i), the existing licensure and oversight processes shall continue to be administered for foster family homes licensed prior to January 1, 2017, or as specified in subparagraph (C), until the license is revoked or forfeited by operation of law pursuant to Section 1517.1 of the Health and Safety Code.
(B)(i) On and after January 1, 2017, a county shall approve resource families in lieu of approving relative and nonrelative extended family members.
(ii)Notwithstanding clause (i), the existing approval and oversight processes shall continue to be administered for relatives and nonrelative extended family members approved prior to January 1, 2017, or as specified in subparagraph (C), until the approval is revoked or forfeited by operation of law pursuant to this section.
(C)Notwithstanding subparagraph (D), a county shall approve or deny all applications for foster family home licenses and requests for relative or nonrelative extended family member approvals received on or before December 31, 2016, in accordance with Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code or provisions providing for the approval of relatives or nonrelative extended family members, as applicable.
(D)On and after January 1, 2017, a county shall not accept applications for foster family home licenses or requests to approve relatives or nonrelative extended family members.
(3)No later than July 1, 2017, each county shall provide the following information to all licensed foster family homes and approved relatives and nonrelative extended family members licensed or approved by the county:
(A)A detailed description of the resource family approval program.
(B)Notification that, in order to care for a foster child, resource family approval is required by December 31, 2019.
(C)Notification that a foster family home license and an approval of a relative or nonrelative extended family member shall be forfeited by operation of law as specified in paragraph (5).
(4)By no later than January 1, 2018, the following shall apply to all licensed foster family homes and approved relative and nonrelative extended family members:
(A)A licensed foster family home or an approved relative or nonrelative extended family member with an approved adoptive home study completed prior to January 1, 2018, shall be deemed to be an approved resource family.
(B)A licensed foster family home or an approved relative or nonrelative extended family member who had a child in placement at any time between January 1, 2017, and December 31, 2017, inclusive, may be approved as a resource family on the date of successful completion of a psychosocial assessment pursuant to subparagraph (B) of paragraph (3) of subdivision (c).
(C)A county may provide supportive services to all licensed foster family homes, relatives, and nonrelative extended family members with a child in placement to assist with the resource family transition and to minimize placement disruptions.
(5)All foster family licenses and approvals of relatives and nonrelative extended family members shall be forfeited by operation of law on December 31, 2019, except as provided in this paragraph or Section 1524 of the Health and Safety Code:
(A)All licensed foster family homes that did not have a child in placement at any time between January 1, 2017, and December 31, 2017, inclusive, shall forfeit the license by operation of law on January 1, 2018.
(B)For foster family home licensees and approved relatives or nonrelative extended family members who have a pending resource family application on December 31, 2019, the foster family home license or relative and nonrelative extended family member approval shall be forfeited by operation of law upon approval as a resource family. If approval is denied, forfeiture by operation of law shall occur on the date of completion of any proceedings required by law to ensure due process.
(C)A foster family home license shall be forfeited by operation of law, pursuant to subdivision (b) of Section 1524 of the Health and Safety Code, upon approval as a resource family.
(D)Approval as a relative or nonrelative extended family member shall be forfeited by operation of law upon approval as a resource family.
(p)On and after January 1, 2017, all licensed foster family agencies shall approve resource families in lieu of certifying foster homes, as set forth in Section 1517 of the Health and Safety Code.
(q)A county is authorized to obtain any arrest or conviction records or reports from any court or law enforcement agency as necessary to the performance of its duties, as provided in this section or subdivision (e) of Section 1522 of the Health and Safety Code.
(r)A resource family approved pursuant to this section shall forfeit its approval concurrent with resource family approval by a foster family agency.
SEC. 4.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 or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
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 an individual or family certified by a licensed foster family agency and issued a certificate of approval by that agency as meeting licensing standards, and used exclusively by that foster family agency for placements.
(d)Family home means the family residence of a licensee in which 24-hour care and supervision are provided for children.
(e)Small family home means any residential facility, in the 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), (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 therapeutic program 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 an integrated program of specialized and intensive care and supervision, services and supports, and 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. Short-term residential therapeutic programs shall be organized and operated on a nonprofit basis.
(ae)Resource family means an approved caregiver, as defined in subdivision (c) of Section 16519.5.
(af)Core Services mean services, made available to children, youth, and nonminor dependents either directly or secured through formal agreement with other agencies, which are trauma informed and culturally relevant as specified in Sections 11462 and 11463.
SEC. 2.Section 11466.24 of the Welfare and Institutions Code is amended to read:11466.24.(a)In accordance with this section, a county shall collect an overpayment, discovered on or after January 1, 1999, made to a foster family home, an approved home of a relative, including, on and after the date that the director executes a declaration pursuant to Section 11217, the home of a Kin-GAP guardian, an approved home of a nonrelative extended family member, an approved home of a nonrelative legal guardian, a resource family, as defined in subdivision (c) of Section 16519.5, or the supervised independent living setting where a nonminor dependent resides, for any period of time in which the foster child was not cared for in that home, unless any of the following conditions exist, in which case a county shall not collect the overpayment:
(1)The cost of the collection exceeds that amount of the overpayment that is likely to be recovered by the county. The cost of collecting the overpayment and the likelihood of collection shall be documented by the county. Costs that the county shall consider when determining the cost-effectiveness to collect are total administrative, personnel, legal filing fee, and investigative costs, and any other applicable costs.
(2)The child was temporarily removed from the home and payment was owed to the provider to maintain the childs placement, or the child was temporarily absent from the providers home, or on runaway status and subsequently returned, and payment was made to the provider to meet the childs needs.
(3)The overpayment was exclusively the result of a county administrative error or both the county welfare department and the provider or nonminor dependent were unaware of the information that would establish that the foster child or nonminor dependent was not eligible for foster care benefits.
(4)The provider or nonminor dependent did not have knowledge of, and did not contribute to, the cause of the overpayment.
(b)(1)After notification by a county of an overpayment to a foster family home, an approved home of a relative, including the home of a Kin-GAP guardian, or a nonrelative extended family member, approved home of a nonrelative legal guardian, a resource family, or the supervised independent living setting where the nonminor dependent resides, and a demand letter for repayment, the foster parent, approved relative, approved nonrelative legal guardian, resource family, or nonminor dependent may request the county welfare department to review the overpayment determination in an informal hearing, or may file with the department a request for a hearing to appeal the overpayment determination. Requesting an informal hearing shall not preclude a payee from seeking a formal hearing at a later date. The county welfare department shall dismiss the overpayment repayment request if it determines the action to be incorrect through an initial review prior to a state hearing, or through a review in an informal hearing held at the request of the foster parent, relative, nonrelative legal guardian, or nonminor dependent.
(2)If an informal hearing does not result in the dismissal of the overpayment, or a formal appeal hearing is not requested, or on the 30th day following a formal appeal hearing decision, whichever is later, the foster family provider overpayment shall be sustained for collection purposes.
(3)The department shall adopt regulations that ensure that the best interests of the child or nonminor dependent shall be the primary concern of the county welfare director in any repayment agreement.
(c)(1)The department shall develop regulations for recovery of overpayments made to any foster family home, approved home of a relative, including the home of a Kin-GAP guardian, approved home of a nonrelative legal guardian, resource family, or supervised independent living setting where a nonminor dependent resides. The regulations shall prioritize collection methods, that shall include voluntary repayment agreement procedures and involuntary overpayment collection procedures. These procedures shall take into account the amount of the overpayment and a minimum required payment amount.
(2)A county shall not collect an overpayment through the use of an involuntary payment agreement unless a foster family home, an approved home of a relative, including the home of a Kin-GAP guardian, approved home of a nonrelative legal guardian, resource family, or supervised independent living setting where a nonminor dependent resides has rejected the offer of a voluntary overpayment agreement, or has failed to comply with the terms of the voluntary overpayment agreement.
(3)A county shall not be permitted to collect an overpayment through the offset of payments due to a foster family home, an approved home of a relative, including the home of a Kin-GAP guardian, approved home of a nonrelative legal guardian, resource family, or supervised independent living setting where a nonminor dependent resides, unless this method of repayment is requested by the provider or nonminor dependent in a voluntary repayment agreement, or other circumstances defined by the department by regulation.
(d)If a provider or nonminor dependent is successful in its appeal of a collected overpayment, it shall be repaid the collected overpayment plus simple interest based on the Surplus Money Investment Fund.
(e)A county may not collect interest on the repayment of an overpayment.
(f)There shall be a one-year statute of limitations from the date upon which the county determined that there was an overpayment.
SEC. 3.Section 16519.5 of the Welfare and Institutions Code is amended to read:16519.5.(a)The State Department of Social Services, in consultation with county child welfare agencies, foster parent associations, and other interested community parties, shall implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, certifying foster homes by licensed foster family agencies, approving relatives and nonrelative extended family members as foster care providers, and approving guardians and adoptive families.
(b)(1)Counties shall be selected to participate on a voluntary basis as early implementation counties for the purpose of participating in the initial development of the approval process. Early implementation counties shall be selected according to criteria developed by the department in consultation with the County Welfare Directors Association. In selecting the five early implementation counties, the department shall promote diversity among the participating counties in terms of size and geographic location.(2)Additional counties may participate in the early implementation of the program upon authorization by the department.(3)The State Department of Social Services shall be responsible for all of the following:(A)Selecting early implementation counties, based on criteria established by the department in consultation with the County Welfare Directors Association.(B)Establishing timeframes for participating counties to submit an implementation plan, enter into terms and conditions for early implementation participation in the program, train appropriate staff, and accept applications from resource families.(C)Entering into terms and conditions for early implementation participation in the program by counties.(4)Counties participating in the early implementation of the program shall be responsible for all of the following:(A)Submitting an implementation plan.(B)Entering into terms and conditions for early implementation participation in the program.(C)Consulting with the county probation department in the development of the implementation plan.(D)Training appropriate staff.(E)Accepting applications from resource families within the timeframes established by the department.(5)(A)Approved relatives and nonrelative extended family members, licensed foster family homes, or approved adoptive homes that have completed the license or approval process prior to statewide implementation of the program shall not be considered part of the program. The otherwise applicable assessment and oversight processes shall continue to be administered for families and facilities not included in the program.(B)Upon implementation of the program in a county, that county shall not accept new applications for the licensure of foster family homes, the approval of relative and nonrelative extended family members, or the approval of prospective guardians and adoptive homes.(6)The department may waive regulations that pose a barrier to the early implementation and operation of this program. The waiver of any regulations by the department pursuant to this section shall apply to only those counties or foster family agencies participating in the early implementation of the program and only for the duration of the program.(7)This subdivision shall become inoperative on January 1, 2017.(c)(b)(1)For the purposes of this article, resource family means an individual or family that has successfully met both the home environment assessment standards and the permanency assessment criteria adopted pursuant to subdivision (d) (c) 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. An applicant who will rely on the funding described in subdivision (l) (k) to meet additional household expenses incurred due to the placement of a child shall not, for this reason, be denied approval as a resource family.
(E)An ability and willingness to provide a family setting that promotes normal childhood experiences that serves the needs of the child.
(2)For purposes of this article, and unless otherwise specified, references to a child shall include a nonminor dependent and nonminor former dependent or ward as defined in subdivision (v) and paragraph (1) of subdivision (aa) of Section 11400.
(3)There is no fundamental right to approval as a resource family.
(4)Subsequent to meeting the criteria set forth in this subdivision and designation as a resource family, a resource family shall be considered eligible to provide foster care for related and unrelated children in out-of-home placement and shall be considered approved for adoption or guardianship.
(5) For purposes of this article, resource family approval means that the applicant or resource family successfully meets the home environment assessment and permanency assessment standards. This approval is in lieu of a foster family home license issued pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, a certificate of approval issued by a licensed foster family agency, as described in subdivision (b) of Section 1506 of the Health and Safety Code, relative or nonrelative extended family member approval, guardianship approval, and the adoption home study approval.
(6)Approval of a resource family does not guarantee an initial, continued, or adoptive placement of a child with a resource family or with a relative or nonrelative extended family member pursuant to subdivision (e). (d). Approval of a resource family does not guarantee the establishment of a legal guardianship of a child with a resource family.
(7)(A)Notwithstanding paragraphs (1) to (6), inclusive, the department or county shall cease any further review of an application if the applicant has had a previous application denial within the preceding year, or if the applicant has had a previous rescission, revocation, or exemption denial or exemption rescission by the department or county within the preceding two years.
(B)Notwithstanding subparagraph (A), the department or county may continue to review an application if it has determined that the reasons for the previous denial, rescission, or revocation were due to circumstances and conditions that either have been corrected or are no longer in existence. If an individual was excluded from a resource family home or facility licensed by the department, the department or county shall cease review of the individuals application unless the excluded individual has been reinstated pursuant to Section 11522 of the Government Code and subdivision (h) of Section 1558 of the Health and Safety Code. The cessation of review shall not constitute a denial of the application for purposes of this section or any other law.
(8)A resource family shall meet the approval standards set forth in this section, comply with the written directives or regulations adopted pursuant to this section, and comply with other applicable laws in order to maintain approval.
(9)A resource family may be approved by the department or a county pursuant to this section or by a foster family agency pursuant to Section 1517 of the Health and Safety Code.
(10)A resource family shall not be licensed as a residential facility, as defined in paragraph (1) of subdivision (a) of Section 1502 of the Health and Safety Code.
(d)(c)(1)The department shall adopt standards pertaining to the home environment and permanency assessments of a resource family.
(2)Resource family home environment assessment standards shall include, but not be limited to, all of the following:
(A)(i)Criminal records clearance of each applicant and all adults residing in, or regularly present in, the home, and not exempted from fingerprinting, as set forth in subdivision (b) of Section 1522 of the Health and Safety Code, pursuant to Section 8712 of the Family Code, utilizing a check of the Child Abuse Central Index (CACI), and receipt of a fingerprint-based state and federal criminal offender record information search response. The criminal history information shall include subsequent notifications pursuant to Section 11105.2 of the Penal Code.
(ii)Consideration of any substantiated allegations of child abuse or neglect against the applicant and any other adult residing in, or regularly present in, the home. An approval may not be granted to applicants whose criminal record indicates a conviction for any of the offenses specified in subdivision (g) of Section 1522 of the Health and Safety Code.
(iii)If the resource family parent, applicant, or any other person specified in subdivision (b) of Section 1522 of the Health and Safety Code has been convicted of a crime other than a minor traffic violation or arrested for an offense specified in subdivision (e) of Section 1522 of the Health and Safety Code, except for the civil penalty language, the criminal background check provisions specified in subdivisions (d) through (f) to (f), inclusive, of Section 1522 of the Health and Safety Code shall apply. Exemptions from the criminal records clearance requirements set forth in this section may be granted by the department or the county, if that county had been granted permission by the department to issue criminal records exemptions pursuant to Section 361.4 on or before January 1, 2017, using the exemption criteria specified in subdivision (g) of Section 1522 of the Health and Safety Code and the written directives or regulations adopted pursuant to this section.
(iv)For public foster family agencies approving resource families, the criminal records clearance process set forth in clause (i) shall be utilized.
(v)For private foster family agencies approving resource families, the criminal records clearance process set forth in clause (i) shall be utilized, but the Department of Justice shall disseminate a fitness determination resulting from the federal criminal offender record information search.
(B)Buildings and grounds and storage requirements that ensure the health and safety of children.
(C)In addition to the foregoing requirements, the resource family home environment assessment standards shall also require the following:
(i)That the applicant demonstrates 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.
(3)The resource family permanency assessment standards shall include, but not be limited to, all of the following:
(A)Caregiver training, as described in subdivisions (g) and (h). (f) and (g).
(B)A psychosocial assessment of an applicant, which shall include the results of a risk assessment.
(i)When the applicant is a relative or nonrelative extended family member to an identified child, the psychosocial assessment shall consider the nature of the relationship between the relative or nonrelative extended family member and the child. The relative or nonrelative extended family members expressed desire to only care for a specific child or children shall not be a reason to deny the approval.
(ii)A caregiver risk assessment shall include, but not be limited to, physical and mental health, alcohol and other substance use and abuse, family and domestic violence, and the factors listed in paragraph (1) of subdivision (c). (b).
(C)Completion of any other activities that relate to the ability of an applicant or a resource family to achieve permanency with a child.
(e)(d)(1)A county may place a child with a resource family applicant who has successfully completed the home environment assessment prior to completion of a permanency assessment only if a compelling reason for the placement exists based on the needs of the child.
(A)The permanency assessment shall be completed within 90 days of the childs placement in the home, unless good cause exists based upon the needs of the child.
(B)If additional time is needed to complete the permanency assessment, the county shall document the extenuating circumstances for the delay and generate a timeframe for the completion of the permanency assessment.
(C)The county shall report to the department on a quarterly basis the number of families with a child in an approved home whose permanency assessment goes beyond 90 days and summarize the reasons for these delays.
(2)(A)Upon an assessment completed pursuant to Section 309 or 361.45, a county may place a child with a relative, as defined in Section 319, or nonrelative extended family member, as defined in Section 362.7.
(B)For any emergency 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.
(C)Nothing in this paragraph shall be construed to limit the obligation under existing law to assess and give placement consideration to relatives and nonrelative extended family members.
(3)For any placement made pursuant to this subdivision, AFDC-FC funding shall not be available until approval of the resource family has been completed.
(4)Any child placed under this section shall be afforded all the rights set forth in Section 16001.9 and in the written directions or regulations adopted pursuant to this section.
(5)Nothing in this section shall limit the countys authority to inspect the home of a resource family applicant or a relative or nonrelative extended family member as often as necessary to ensure the quality of care provided.
(f)(e)The State Department of Social Services shall be responsible for all of the following:
(1)(A)Until regulations are adopted, administering the program through the issuance of written directives that shall have the same force and effect as regulations. Any directive affecting Article 1 (commencing with Section 700) of Chapter 7 of Division 1 of Title 11 of the California Code of Regulations shall be approved by the Department of Justice. The directives shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340)) of Part 1 of Division 3 of Title 2 of the Government Code.
(B)Adopting, amending, or repealing, in accordance with Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code, any reasonable rules, regulations, and standards that may be necessary or proper to carry out the purposes and intent of this chapter and to enable the department to exercise the powers and perform the duties conferred upon it by this section, consistent with the laws of this state.
(2)Approving and requiring the use of a single standard for resource family approval.
(3)Adopting and requiring the use of standardized documentation for the home environment and permanency assessments of resource families.
(4)Adopting core competencies for county staff to participate in the assessment and evaluation of an applicant or resource family.
(5)Requiring counties to monitor county-approved resource families, including, but not limited to, both 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.
(6)Ongoing oversight and monitoring of county systems and operations including all of the following:
(A)Reviewing the countys implementation plan and implementation of the program.
(B)Reviewing an adequate number of county-approved resource families in each county to ensure that approval standards are being properly applied. The review shall include case file documentation, and may include onsite inspection of individual resource families. The review shall occur on an annual basis, and more frequently if the department becomes aware that a county is experiencing a disproportionate number of complaints against individual resource family homes.
(C)Reviewing county reports of serious complaints and incidents involving approved resource families, as determined necessary by the department. The department may conduct an independent review of the complaint or incident and change the findings depending on the results of its investigation.
(D)Investigating unresolved complaints against counties.
(E)Requiring corrective action of counties that are not in full compliance with this section.
(7)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.
(8)Implementing due process procedures, including, but not limited to, all of the following:
(A)Providing a statewide fair hearing process for application denials, rescissions of approval, exclusion actions, or criminal record exemption denials or rescissions by a county or the department.
(B)Providing an excluded individual with due process pursuant to Section 16519.6.
(C)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)(f)Counties shall be responsible for all of the following:
(1)Submitting an implementation plan and consulting with the county probation department in the development of the implementation plan.
(2)Complying with the written directives or regulations adopted pursuant to this section.
(3)Implementing the requirements for resource family approval and utilizing standardized documentation established by the department.
(4)Training appropriate staff, including ensuring staff have the education and experience or core competencies necessary to participate in the assessment and evaluation of an applicant or resource family.
(5)(A)Taking the following actions, as applicable:
(i)(I)Approving or denying resource family applications, including preparing a written evaluation of an applicants capacity to foster, adopt, or provide legal guardianship of a child based on all of the information gathered through the resource family application and assessment processes.
(II)Considering the applicants preference to provide a specific level of permanency, including adoption, guardianship, or, in the case of a relative, placement with a fit and willing relative, shall not be a basis to deny an application.
(ii)Rescinding approvals of resource families.
(iii)When applicable, referring a case to the department for an action to exclude 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 from physical or mental abuse, abandonment, or any other substantial threat to health or safety, consistent with the established standard.
(v)Granting, denying, or rescinding criminal record exemptions.
(B)Providing a resource family parent, applicant, or individual who is the subject of a criminal record exemption decision with due process pursuant to Section 16519.6.
(C)Notifying the department of any decisions denying an application for resource family approval, rescinding the approval of a resource family, or denying or rescinding a criminal record exemption and, if applicable, notifying the department of the results of an administrative action.
(6)(A)Updating resource family approval annually and as necessary to address any changes that have occurred in the resource familys circumstances, including, but not limited to, moving to a new home location or commencing operation of a family day care home, as defined in Section 1596.78 of the Health and Safety Code.
(B)A county shall conduct an announced inspection of a resource family home during the annual update, and as necessary to address any changes specified in subparagraph (A), in order to ensure that the resource family is conforming to all applicable laws and the written directives or regulations adopted pursuant to this section.
(7)Monitoring resource families through all of the following:
(A)Ensuring that social workers who identify a condition in the home that may not meet the approval standards set forth in subdivision (d) (c) 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 meet the approval standards set forth in this section and to comply with the written directives or regulations adopted pursuant to this section, other applicable laws, and corrective action plans as necessary to correct identified deficiencies. If corrective action is not completed as specified in the plan, the county may rescind the resource family approval.
(C)Requiring resource families to report to the county child welfare agency any incidents consistent with the reporting requirements for licensed foster family homes.
(D)Inspecting resource family homes as often as necessary to ensure the quality of care provided.
(8)(A)Investigating all complaints against a resource family and taking action as necessary, including, but not limited to, investigating any incidents reported about a resource family indicating that the approval standard is not being maintained and inspecting the resource family home.
(B)The 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). (c). To the extent that adequate resources are available, complaints shall be investigated by a worker who did not initially conduct the home environment or psychosocial assessments.
(C)Upon conclusion of the complaint investigation, the final disposition shall be reviewed and approved by a supervising staff member.
(D)The department shall be notified of any serious incidents or serious complaints or any incident that falls within the definition of Section 11165.5 of the Penal Code. If those incidents or complaints result in an investigation, the department shall also be notified as to the status and disposition of that investigation.
(9)Performing corrective action as required by the department.
(10)Assessing county performance in related areas of the California Child and Family Services Service Review System, and remedying problems identified.
(11)Submitting information and data that the department determines is necessary to study, monitor, and prepare the report specified in paragraph (6) of subdivision (f). (e).
(12)Ensuring resource family applicants and resource families have the necessary knowledge, skills, and abilities to support children in foster care by completing caregiver training. The training should include a curriculum that supports the role of a resource family in parenting vulnerable children and should be ongoing in order to provide resource families with information on trauma-informed practices and requirements and other topics within the foster care system.
(13)Ensuring that a resource family applicant completes a minimum of 12 hours of preapproval caregiver training. The training shall include, but not be limited to, all of the following courses:
(A)An overview of the child protective and probation systems.
(B)The effects of trauma, including grief and loss, and child abuse and neglect, on child development and behavior, and methods to behaviorally support children impacted by that trauma or child abuse and neglect.
(C)Positive discipline and the importance of self-esteem.
(D)Health issues in foster care.
(E)Accessing services and supports to address education needs, physical, mental, and behavioral health, and substance use disorders, including culturally relevant services.
(F)The rights of a child in foster care, and the resource 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. school.
(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, as described in subdivision (c) of Section 1522.44 of the Health and Safety Code, and to provide a family setting that promotes normal childhood experiences and that serves the needs of the child.
(N)An overview of the specialized training identified in subdivision (h). (g).
(14)Ensuring approved resource families complete a minimum of eight hours of caregiver training annually, a portion of which shall be from based upon a collaborative plan developed by the child and family team in the best interest of the child or youth in the resource family. The plan shall specify the annual training requirement and identify potential relevant placement disruptions, including situations requiring a response by peace officers or circumstances in which a family member is taken into custody pursuant to Section 5150. The plan shall also include the topics described in subparagraph (M) of paragraph (13) and from one or more of the other topics listed in paragraph (13).
(h)(g)In addition to any training required by this section, a county may require a resource family or applicant to receive relevant specialized training for the purpose of preparing the resource family to meet the needs of a particular child in care. This training may include, but is not limited to, the following:
(1)Understanding how to use best practices for providing care and supervision to commercially sexually exploited children.
(2)Understanding how to use best practices for providing care and supervision to lesbian, gay, bisexual, and transgender children.
(3)Understanding the requirements and best practices regarding psychotropic medications, including, but not limited to, court authorization, benefits, uses, side effects, interactions, assistance with self-administration, misuse, documentation, storage, and metabolic monitoring of children prescribed psychotropic medications.
(4)Understanding the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), its historical significance, the rights of children covered by the act, and the best interests of Indian children, including the role of the caregiver in supporting culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership and connection to the tribal community and traditions.
(5)Understanding how to use best practices for providing care and supervision to nonminor dependents.
(6)Understanding how to use best practices for providing care and supervision to children with special health care needs.
(7)Understanding the different permanency options and the services and benefits associated with the options.
(i)Nothing in this section shall(h)This section does not preclude a county from requiring training in excess of the requirements in this section.
(j)(i)(1)Resource families who move home locations shall retain their resource family status pending the outcome of the update conducted pursuant to paragraph (6) of subdivision (g). (f).
(2)(A)If a resource family moves from one county to another county, the department, or the county to which a resource family has moved, shall submit a written request to the Department of Justice to transfer the individuals subsequent arrest notification, as specified in subdivision (h) of Section 1522 of the Health and Safety Code.
(B)A request to transfer subsequent arrest notification shall contain all prescribed data elements and format protocols pursuant to a written agreement between the department and the Department of Justice.
(3)Subject to the requirements in paragraph (1), the resource family shall continue to be approved for guardianship and adoption. Nothing in this subdivision shall This subdivision does not limit a county, foster family agency, or adoption agency from determining that the family is not approved for guardianship or adoption based on changes in the familys circumstances or psychosocial assessment.
(k)(j)Implementation of the program shall be contingent upon the continued availability of federal Social Security Act Title IV-E (42 U.S.C. Sec. 670) funds for costs associated with placement of children with resource families assessed and approved under the program.
(l)(k)A child placed with a resource family is eligible for the resource family basic rate, pursuant to Sections 11253.45, 11460, 11461, and 11463, and subdivision (l) of Section 11461.3, at the childs assessed level of care.
(m)(l)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)(m)The Department of Justice shall charge fees sufficient to cover the cost of initial or subsequent criminal offender record information and Child Abuse Central Index searches, processing, or responses, as specified in this section.
(o)(n)Except as provided, approved resource families shall be exempt from both of the following:
(1)Licensure requirements set forth under the California 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.
(p)(o)(1)Early implementation counties shall be authorized to continue through December 31, 2016. The program shall be implemented by each county on or before January 1, 2017.
(2)(A)(i)On and after January 1, 2017, a county to which the department has delegated its licensing authority pursuant to Section 1511 of the Health and Safety Code shall approve resource families in lieu of licensing foster family homes.
(ii)Notwithstanding clause (i), the existing licensure and oversight processes shall continue to be administered for foster family homes licensed prior to January 1, 2017, or as specified in subparagraph (C), until the license is revoked or forfeited by operation of law pursuant to Section 1517.1 of the Health and Safety Code.
(B)(i) On and after January 1, 2017, a county shall approve resource families in lieu of approving relative and nonrelative extended family members.
(ii)Notwithstanding clause (i), the existing approval and oversight processes shall continue to be administered for relatives and nonrelative extended family members approved prior to January 1, 2017, or as specified in subparagraph (C), until the approval is revoked or forfeited by operation of law pursuant to this section.
(C)Notwithstanding subparagraph (D), a county shall approve or deny all applications for foster family home licenses and requests for relative or nonrelative extended family member approvals received on or before December 31, 2016, in accordance with Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code or provisions providing for the approval of relatives or nonrelative extended family members, as applicable.
(D)On and after January 1, 2017, a county shall not accept applications for foster family home licenses or requests to approve relatives or nonrelative extended family members.
(3)No later than July 1, 2017, each county shall provide the following information to all licensed foster family homes and approved relatives and nonrelative extended family members licensed or approved by the county:
(A)A detailed description of the resource family approval program.
(B)Notification that, in order to care for a foster child, resource family approval is required by December 31, 2019.
(C)Notification that a foster family home license and an approval of a relative or nonrelative extended family member shall be forfeited by operation of law as specified in paragraph (5).
(4)By no later than January 1, 2018, the following shall apply to all licensed foster family homes and approved relative and nonrelative extended family members:
(A)A licensed foster family home or an approved relative or nonrelative extended family member with an approved adoptive home study completed prior to January 1, 2018, shall be deemed to be an approved resource family.
(B)A licensed foster family home or an approved relative or nonrelative extended family member who had a child in placement at any time between January 1, 2017, and December 31, 2017, inclusive, may be approved as a resource family on the date of successful completion of a psychosocial assessment pursuant to subparagraph (B) of paragraph (3) of subdivision (d). (c).
(C)A county may provide supportive services to all licensed foster family homes, relatives, and nonrelative extended family members with a child in placement to assist with the resource family transition and to minimize placement disruptions.
(5)All foster family licenses and approvals of relatives and nonrelative extended family members shall be forfeited by operation of law on December 31, 2019, except as provided in this paragraph or Section 1524 of the Health and Safety Code:
(A)All licensed foster family homes that did not have a child in placement at any time between January 1, 2017, and December 31, 2017, inclusive, shall forfeit the license by operation of law on January 1, 2018.
(B)For foster family home licensees and approved relatives or nonrelative extended family members who have a pending resource family application on December 31, 2019, the foster family home license or relative and nonrelative extended family member approval shall be forfeited by operation of law upon approval as a resource family. If approval is denied, forfeiture by operation of law shall occur on the date of completion of any proceedings required by law to ensure due process.
(C)A foster family home license shall be forfeited by operation of law, pursuant to subdivision (b) of Section 1524 of the Health and Safety Code, upon approval as a resource family.
(D)Approval as a relative or nonrelative extended family member shall be forfeited by operation of law upon approval as a resource family.
(q)(p)On and after January 1, 2017, all licensed foster family agencies shall approve resource families in lieu of certifying foster homes, as set forth in Section 1517 of the Health and Safety Code.
(r)Commencing January 1, 2016, the department may establish participation conditions, and select and authorize foster family agencies that voluntarily submit implementation plans and revised plans of operation in accordance with requirements established by the department, to approve resource families in lieu of certifying foster homes.(1)Notwithstanding any other law, a participating foster family agency shall require resource families to meet and maintain the resource family approval standards and requirements set forth in this chapter and in the written directives adopted hereto prior to approval and in order to maintain approval.(2)A participating foster family agency shall implement the resource family approval program pursuant to Section 1517 of the Health and Safety Code.(3)Nothing in this section shall be construed to limit the authority of the department to inspect, evaluate, or investigate a complaint or incident, or initiate a disciplinary action against a foster family agency pursuant to Article 5 (commencing with Section 1550) of Chapter 3 of Division 2 of the Health and Safety Code, or to take any action it may deem necessary for the health and safety of children placed with the foster family agency.(4)The department may adjust the foster family agency AFDC-FC rate pursuant to Section 11463 for implementation of this subdivision.(5)This subdivision shall become inoperative on January 1, 2017.(s)(q)A county is authorized to obtain any arrest or conviction records or reports from any court or law enforcement agency as necessary to the performance of its duties, as provided in this section or subdivision (e) of Section 1522 of the Health and Safety Code.
(t)(r)A resource family approved pursuant to this section shall forfeit its approval concurrent with resource family approval by a foster family agency.
SEC. 4.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 or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
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Date
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Status
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| Oct 12, 2017 | Chaptered by Secretary of State - Chapter 705, Statutes of 2017. |
| Oct 12, 2017 | Approved by the Governor. |
| Sep 25, 2017 | Enrolled and presented to the Governor at 12 p.m. |
| Sep 14, 2017 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Sep 14, 2017 | In Assembly. Concurrence in Senate amendments pending. |
| Sep 14, 2017 | Read third time. Passed. Ordered to the Assembly. |
| Sep 12, 2017 | Ordered to special consent calendar. |
| Sep 11, 2017 | Read second time. Ordered to third reading. |
| Sep 8, 2017 | Read third time and amended. Ordered to second reading. |
| Sep 5, 2017 | Read second time. Ordered to third reading. |
| Sep 1, 2017 | From committee: Do pass. (Ayes 7. Noes 0.) (September 1). |
| Aug 21, 2017 | In committee: Referred to APPR. suspense file. |
| Jul 17, 2017 | Read second time and amended. Re-referred to Com. on APPR. |
| Jul 13, 2017 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (July 11). |
| Jun 14, 2017 | Referred to Com. on HUMAN S. |
| Jun 1, 2017 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 31, 2017 | Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1930.) |
| May 30, 2017 | Read second time. Ordered to third reading. |
| May 26, 2017 | From committee: Amend, and do pass as amended. (Ayes 16. Noes 0.) (May 26). |
| May 17, 2017 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Mar 22, 2017 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (March 21). Re-referred to Com. on APPR. |
| Mar 16, 2017 | Re-referred to Com. on HUM. S. |
| Mar 15, 2017 | From committee chair, with author's amendments: Amend, and re-refer to Com. on HUM. S. Read second time and amended. |
| Feb 27, 2017 | Referred to Com. on HUM. S. |
| Feb 14, 2017 | From printer. May be heard in committee March 16. |
| Feb 13, 2017 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 14, 2017 | AB 507 Rubio Special Consent Calendar 1st Day Regular Session | Assembly Floor |
Passed |
|
| Sep 14, 2017 | Special Consent Calendar # AB507 | Senate Floor |
Passed |
|
| Sep 1, 2017 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 21, 2017 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 11, 2017 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Human Services |
Passed |
|
| May 31, 2017 | AB 507 RUBIO Assembly Third Reading | Assembly Floor |
Passed |
|
| May 26, 2017 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Mar 21, 2017 | 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
|
|---|---|---|
| 7 Individuals | ** Support | Jul 7, 2017 |
| California Alliance of Caregivers | ** Support | Sep 9, 2017 |
| California Alliance Of Child And Family Services | ** Support | Mar 17, 2017 |
| California Youth Connection | ** Support | Sep 9, 2017 |
| Children Now | ** Support | Sep 9, 2017 |
| Department Of Finance | ** Against | Sep 9, 2017 |
| Endo Pharmaceuticals Inc. | * Support | Mar 21, 2017 |
| Foster Youth | * Support | Mar 21, 2017 |
| John Burton Advocates for Youth | ** Support | Mar 17, 2017 |
| National Center for Youth Law | ** Support | Mar 17, 2017 |
| Seven Individuals | ** Support | Sep 9, 2017 |
| the junior league of san diego | ** Support | Sep 9, 2017 |
| Youth Law Center | ** Support | Sep 9, 2017 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 507
Author:(Rubio)
As Amended Ver:September 8, 2017
Majority vote
ASSEMBLY: | 76-0 | (May 31, 2017) | SENATE: | 40-0 | (September 14, 2017) |
Original Committee Reference: HUM. S.
SUMMARY: Requires a portion of the annual resource family training support the case plans, goals and needs of children in the resource family home, as specified, and allows a county to require a resource family or applicant to receive one or more hours of relevant specialized training in addition to existing training requirements.
Specifically, this bill:
- Requires a portion of the annual resource family training to support the case plans, goals, and needs of children in the resource family home, if there are any children in the home, in accordance with applicable written directives or regulations, as specified by the Department of Social Services (DSS).
- Allows a county, at its discretion, to require a resource family or applicant to receive one or more hours of relevant specialized training in addition to the training required by state law.
The Senate amendments:
- Delete the language of the bill as it appeared before the Assembly and instead add language that:
- Requires a portion of the annual resource family training to support the case plans, goals, and needs of children in the resource family home, if there are any children in the home, in accordance with applicable written directives or regulations, as specified by DSS.
- Allows a county, at its discretion, to require a resource family or applicant to receive one or more hours of relevant specialized training that is in addition to the hours of training required by state law.
EXISTING LAW:
- Establishes a state and local system of child welfare services, including foster care, for children who have been adjudged by the court to be at risk or have been abused or neglected, as specified. (Welfare and institutions Code Section (WIC) 202)
- States that the purpose of foster care law is to provide maximum safety and protection for children who are currently being physically, sexually, emotionally abused, neglected, or exploited, and to ensure the safety, protection, and physical and emotional well-being of children who are at risk of harm. (WIC 300.2)
- States the intent of the Legislature to preserve and strengthen a child's family ties whenever possible and to reunify a foster youth with his or her biological family whenever possible, or to provide a permanent placement alternative, such as adoption or guardianship. (WIC 16000)
- Establishes various training requirements for resource families, including basic instruction on existing laws and procedures regarding the safety of foster youth at school, and ensuring a harassment and violence free school environment, as defined. (WIC 16519.5 (g)(13)(H))
- 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. (Health and Safety Code Section (HSC) 1529.2(b), WIC 16519 (g)(14))
- Makes a Legislative declaration that the foundation and central unifying tool in child welfare services is the case plan, and that a case plan ensures that the child receives protection, safe and proper care, and case management, and that services are provided to the child and parents or other caretakers in order to improve conditions in the parent's home, to facilitate the safe return of the child to a safe home or the permanent placement of the child, and to address the needs of the child while in foster care. (WIC 16501.1)
- Defines "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. (WIC 16501 et seq.)
- Requires a child and family team meeting, as specified, 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 family setting that promotes normal childhood experiences. (WIC 16501.1(d)(2))
- 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)
FISCAL EFFECT: According to the Senate Appropriations Committee on August 21, 2017, this bill could result in ongoing significant costs to county social workers, up to $6.3 million ($4.2 million General Fund) per year for additional time needed to develop training plan recommendations for each eligible foster youth. This assumes a full caseload of approximately 21,000 resource families and approximately three additional hours per case workers per resource family at the current social worker rate of $99.46 per hour.
COMMENTS:
Challenges faced by foster youth: Foster youth face a number of challenges not experienced as frequently by their peers who are not involved in the child welfare system. Because the childhood of a foster youth can be marked by instability and a lack of sufficient care by adult role models, foster youth may be more likely to experience mental and emotional health issues that follow them into adulthood. In California, 77% of foster youth experience three or more placements; research has shown that placement instability can result in youth becoming disengaged from their caregivers and other adults. Many foster youth may not be afforded the opportunity to form healthy attachments with the adults in their lives. This lack of trusting, consistent relationships with adults can result in attachment disorders in foster youth.
Continuum of Care Reform (CCR): In 2015, Governor Brown signed AB 403 (Stone), Chapter 773, Statutes of 2015, which reformed placement and treatment options for youth in foster care under what is called "Continuum of Care Reform" (CCR). The bill was sponsored by the Department of Social Services (DSS) and built upon years of policy changes aimed at improving outcomes for youth in foster care. Primarily, and as a result of growing consensus among the child welfare field at both the national and state level, efforts have been made at reducing the reliance on group homes as a placement setting for foster youth. AB 403 aimed to ensure that youth in foster care would have their day-to-day physical, mental and emotional needs met and that they have the opportunity to grow up in permanent and supportive homes, and that they can grow into self-sufficient and successful adults. AB 403 included various changes to the Resource Family Approval program. In 2016, AB 1997 (Stone), Chapter 612, Statutes of 2016 was signed into law and adopted changes to further facilitate implementation of CCR recommendations.
In order to ensure youth receive necessary services, a case plan for each child is created and is often considered the foundation and unifying tool in which a child's needs and services are consolidated in one location. Current law requires that a written case plan be completed no more than 60 days after the initial removal of a child from care, or by the date of the dispositional hearing, whichever is first. The case plan provides a centralized file that includes: a description of the type of home or institution in which the child is placed, the reasons for that placement decision, including specific goals and appropriateness of the planned services in meeting those goals, and the original allegations of abuse or neglect or the conditions cited as the basis for declaring the child a dependent of the court. Case plans also detail the services provided to the child and their parents, as well as any recommendations made by the child and the family team, in order to ensure the protection and safe and proper care of the child. Through the creation of child and family teams, which were created through CCR, a youth no longer relies on a single social worker to make placement decisions; instead, a child and family team consists of a network of individuals tasked with assessing the placement needs of a child or youth and exploring alternative placement options to residential treatment-based placements, including: caregivers, the placing agency caseworker, county mental health representatives, the youth themselves, and others, as specified in current law.
Resource Family Approval (RFA): AB 340 (Hancock), Chapter 464, Statutes of 2007, gave DSS the authority to implement the resource family approval (RFA) program, which is a unified, family-friendly, and child-centered resource family approval process. RFA was implemented with the intention of eliminating redundancies in the licensing/approval process of foster families, including relative caregivers, and creating one, unified approval process that would be used to assess all potential foster homes. Under RFA, relatives – like non-relative foster parent applicants – are required to complete training hours, a psychosocial assessment, and risk assessment. Initially, five counties, including San Luis Obispo, Kings, Santa Barbara, Santa Clara, and San Francisco, were selected to be the initial implementers of the RFA program between November 2013 and August 2014. Between January and July of 2016, an additional 9 counties volunteered to implement RFA prior to statewide implementation of RFA, per CCR efforts, which began on January 1, 2017.
Training requirements: Current law requires resource families to undergo a minimum of 12 hours of preapproval caregiver training in order to ensure that resource families have the necessary knowledge, skills, and abilities to serve the children placed in their care. Training for resource families includes: an overview of the child protective and probation systems, the effects of trauma, including grief, loss, and child abuse and neglect on a child's development and behavior, health issues in foster care, the rights of a child in foster care, and the cultural needs of children, among others. Prior to approval, resources families must undergo an assessment to make a determination as to whether or not a family possesses: an understanding of the safety, permanency, and well-being needs of children and nonminor dependents, a 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. Families must also have an understanding of the youth's needs and development, effective parenting skills or knowledge about parenting, and a capacity to act as a reasonable and prudent parent in day-to-day decision making. Current law also requires resources families to complete a minimum of eight hours of caregiver training annually and includes topics such as health issues in foster care, promoting normal childhood experiences, permanence, well-being, and education needs of children, and the cultural needs of children, among others.
Need for this bill: According to the author's office, "This bill aims to better serve foster families by dedicating a portion of the annual resource family training to address the needs and goals of children in the resource home. The bill also codifies current law around permitting counties to require specialized training to resource families who may need it. The main goal of this bill is to support foster families by ensuring that they receive the support and the most relevant training possible."
PRIOR LEGISLATION:
AB 404 (Stone) of the current legislative session, this bill will further Continuum of Care Reform efforts made by AB 403 and AB 1997. This bill is currently on the Senate Floor.
AB 1997 (Stone), Chapter 612, Statutes of 2016, furthered Continuum of Care Reform efforts.
AB 403 (Stone), Chapter 773, Statutes of 2015, implemented Continuum of Care Reform recommendations to better serve children and youth in California's child welfare services system.
Analysis Prepared by: Kelsy Castillo / HUM. S. / (916) 319-2089 FN: 0002319
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 507
:
SENATE HUMAN SERVICES COMMITTEE: 7-0, 7/11/17
AYES: Wiener, Berryhill, Glazer, Leyva, McGuire, Nguyen, Portantino
SENATE APPROPRIATIONS COMMITTEE: 7-0, 9/1/17
AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener
ASSEMBLY FLOOR: 76-0, 5/31/17 - See last page for vote
SOURCE: California Youth Connection
Youth Law Center
DIGEST:
This bill requires each entity that is responsible for approving a resource family to make recommendations to the resource family regarding training topics that support the case plans, goals, and needs of each child in the home, as specified, and permits a county to require a resource family to receive additional relevant specialized training.
Senate Floor Amendments of 9/8/17 replace language requiring that each entity make recommendations regarding training topics that support the case plans, goals and needs of each child in the home with a requirement that a portion of the annual resource family training support the case plans, goals and needs of children in the resource family home, as specified.
- Establishes a system of juvenile dependency for children who are or are at risk of being physically, sexually or emotionally abused, being neglected or being exploited to ensure their safety, protection and physical and emotional well-being.
- Establishes the Resource Family Approval (RFA) process for licensing foster family homes, approving relatives and nonrelative extended family members as foster care providers, and approving adoptive families. The process includes a home study, psychosocial assessment, background check, and other elements.
- Requires the California Department of Social Services (CDSS) to ensure 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.
- Requires resource family applicants complete a minimum of 12 hours of training on specified topics prior to approval, such as the resource family’s role in working with the case manager, child and family team and other professionals, and positive discipline and the importance of self-esteem, the effects of trauma on child development and behavior, and other topics.
- Requires approved resource families to complete a minimum of eight hours of caregiver training annually, on specified or other topics.
- Permits a county to require a resource family or applicant to receive relevant specialized training for the purpose of preparing the resource family to meet the needs of a particular child in care. This training may include, but is not limited to, best practices in caring for and supervising children who are victims of commercial sexual exploitation, best practices in caring for children who are lesbian, gay, bisexual, and transgender, understanding best practices related to the use of psychotropic medication, and others.
This bill:
- Requires that a portion of the annual resource family training shall support the case plans, goals and needs of children in the resource family home, if there are any children in the home, in accordance with applicable written directives or regulations, as specified by the department.
- Permits a county, in its discretion, to require a resource family or applicant to receive one or more hours of relevant specialized training that is in addition to the hours of that training that are required by state law.
Background
AB 403 (Stone, Chapter 773, Statutes of 2015) codified California’s long-standing goal to move away from the use of long-term group home care by increasing youth placement into family settings, strengthening training and supports for those families and transforming existing group home care into short term residential therapeutic programs (STRTPs).
The bill followed a January 2015 CDSS report entitled the “California’s Child Welfare Continuum of Care Reform.” The report and a working group, which spent three years considering the best path to reform, were required by budget trailer bill (SB 1013, Chapter 25, Statutes of 2012), which directed the workgroup to consider how to ensure the provision of services in family-like settings.
The Continuum of Care Reform envisions an interdependent approach to improving California’s child welfare system by improving assessments of children and families, emphasizing home-based family placements of foster children, and changing the goals of congregate care placements.
One recommendation of the report, included in AB 403, was to provide 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 use a more consistent assessment tool that identifies the needs of the child. Another key element was to limit the use of group care to short-term treatment with targeted mental health components. Last year, AB 1997 (Stone, Chapter 612, Statutes of 2016) established requirements for mental health certification of STRTPs, made changes to the resource family approval process, and provided additional oversight of foster homes, in addition to numerous technical amendments and policy clarifications. This year’s AB 404 (Stone, 2017) clarifies the process for resource families to move an approval from an agency to a county and establishes the treatment home category of Intensive Services Foster Care.
Resource Family Approval (RFA) Process
The RFA process was created to streamline various approval practices that were required by different types of placements. A family that became licensed to do foster care, for example, would have to undergo a background check and other assessments of their home environment. But if that family decided to adopt that child, the family would be subject to an adoption approval process, including a home study, psychological assessment and other review. The RFA process was envisioned as a way to streamline all approval processes into a single effort, alleviate redundant work by staff, speed the process for children and families, and remove any barriers to families who subsequently wanted to adopt.
An RFA assessment focuses on the caregiver’s ability to meet safety, developmental and permanency needs of a child, and to ensure the child’s well-being. It assesses the family’s capacity to act as a “prudent parent” in providing a child with normal childhood experiences, the ability of the family to work with county social workers, service providers and others, to preserve financial stability and to maintain the least restrictive and most family-like environment.
Ultimately, the goal of the RFA is to have better-prepared families and fewer placement changes for foster children, enabling the children to develop stable and nurturing relationships with caregivers and to focus on school and childhood activities. The author states that this bill enhances the goals of the RFA by ensuring that foster parents have child-specific appropriate training, if needed.
Training requirements
Training is an essential component of the pivot from group care to individualized family care. Resource families must complete a minimum of 12 hours of caregiver training prior to being approved to care for children. Training must include, but is not limited to, the following:
- An overview of the child protective and probation systems.
- 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.
- Positive discipline and the importance of self-esteem.
- Health issues in foster care.
- Accessing services and supports to address education needs, physical, mental, and behavioral health, and substance use disorders, including culturally relevant services.
- The rights of a child in foster care, and the resource family’s responsibility to safeguard those rights, including the right to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
- 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.
- Basic instruction on existing laws and procedures regarding the safety of foster youth at school; and ensuring a harassment and violence free school environment, as defined.
- Permanence, well-being, and education needs of children.
- Child and adolescent development, including sexual orientation, gender identity, and expression.
- The role of resource families, including working cooperatively with the child welfare or probation agency, the child’s family, and other service providers implementing the case plan.
- The role of a resource family on the child and family team, as defined.
- A resource family’s responsibility to act as a reasonable and prudent parent, as described, and to provide a family setting that promotes normal childhood experiences and that serves the needs of the child.
- An overview of specialized training.
Current law additionally requires resource families to complete a minimum of eight hours of caregiver training annually, on subjects including the responsibility to act as a reasonable and prudent parent, as described, and to provide a family setting that promotes normal childhood experiences and that serves the needs of the child, as well as on other chosen topics. Existing statute does not expressly tailor training of caregivers to the needs of children in their homes. This bill seeks to make that link.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee, ongoing significant costs to county social workers, up to $6.3 million ($4.2 million GF) per year for additional time needed to develop training plan recommendations for each eligible foster youth. This assumes a full caseload of approximately 21,000 resource families and approximately three additional hours per case worker per resource family at the current social worker rate of $99.46 per hour.
California Youth Connection (co-source)
Youth Law Center (co-source)
California Alliance of Caregivers
Children Now
The Junior League of San Diego
Seven individuals
Department of Finance
ARGUMENTS IN SUPPORT: The California Youth Connection, a youth-led organization of current and foster youth, states that this bill will “ensure that resource families receive the most relevant training and support that they need to raise California’s foster children and youth.” CYC writes that while current law requires eight hours of annual training, this bill will help to ensure that the training is relevant to the specific needs and goals of the children in their care.
ARGUMENTS IN OPPOSITION: The Department of Finance writes, “Notwithstanding the merits of this bill, Finance is opposed to this bill because it would impose a higher level service on counties that would have an overall effect of increasing general fund costs.” Additionally, Finance states that existing law allows a county to require a resource family to take additional hours of training on specialized, specific topics to address the needs of a particular child.
ASSEMBLY FLOOR: 76-0, 5/31/17
AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Chen, Choi, Eggman, Melendez
9/9/17 16:08:11
**** END ****
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 507
:
SENATE HUMAN SERVICES COMMITTEE: 7-0, 7/11/17
AYES: Wiener, Berryhill, Glazer, Leyva, McGuire, Nguyen, Portantino
SENATE APPROPRIATIONS COMMITTEE: 7-0, 9/1/17
AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener
ASSEMBLY FLOOR: 76-0, 5/31/17 - See last page for vote
SOURCE: California Youth Connection
Youth Law Center
DIGEST:
This bill requires each entity that is responsible for approving a resource family to make recommendations to the resource family regarding training topics that support the case plans, goals, and needs of each child in the home, as specified, and permits a county to require a resource family to receive additional relevant specialized training.
- Establishes a system of juvenile dependency for children who are or are at risk of being physically, sexually or emotionally abused, being neglected or being exploited to ensure their safety, protection and physical and emotional well-being.
- Establishes the Resource Family Approval (RFA) process for licensing foster family homes, approving relatives and nonrelative extended family members as foster care providers, and approving adoptive families. The process includes a home study, psychosocial assessment, background check, and other elements.
- Requires the California Department of Social Services (CDSS) to ensure 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.
- Requires resource family applicants complete a minimum of 12 hours of training on specified topics prior to approval, such as the resource family’s role in working with the case manager, child and family team and other professionals, and positive discipline and the importance of self-esteem, the effects of trauma on child development and behavior, and other topics.
- Requires approved resource families to complete a minimum of eight hours of caregiver training annually, on specified or other topics.
- Permits a county to require a resource family or applicant to receive relevant specialized training for the purpose of preparing the resource family to meet the needs of a particular child in care. This training may include, but is not limited to, best practices in caring for and supervising children who are victims of commercial sexual exploitation, best practices in caring for children who are lesbian, gay, bisexual, and transgender, understanding best practices related to the use of psychotropic medication, and others.
This bill:
- Requires each entity responsible for approving a resource family to make recommendations to the resource family regarding training topics that support the case plans, goals, and needs of each child in the home, after consulting with the resource family and members of the child and family team for each child, as specified by the department in applicable written directives or regulations.
- Permits a county, in its discretion, to require a resource family or applicant to receive one or more hours of relevant specialized training that is in addition to the hours of that training that are required by state law.
Background
AB 403 (Stone, Chapter 773, Statutes of 2015) codified California’s long-standing goal to move away from the use of long-term group home care by increasing youth placement into family settings, strengthening training and supports for those families and transforming existing group home care into short term residential therapeutic programs (STRTPs).
The bill followed a January 2015 CDSS report entitled the “California’s Child Welfare Continuum of Care Reform.” The report and a working group, which spent three years considering the best path to reform, were required by budget trailer bill (SB 1013, Chapter 25, Statutes of 2012), which directed the workgroup to consider how to ensure the provision of services in family-like settings.
The Continuum of Care Reform envisions an interdependent approach to improving California’s child welfare system by improving assessments of children and families, emphasizing home-based family placements of foster children, and changing the goals of congregate care placements.
One recommendation of the report, included in AB 403, was to provide 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 use a more consistent assessment tool that identifies the needs of the child. Another key element was to limit the use of group care to short-term treatment with targeted mental health components. Last year, AB 1997 (Stone, Chapter 612, Statutes of 2016) established requirements for mental health certification of STRTPs, made changes to the resource family approval process, and provided additional oversight of foster homes, in addition to numerous technical amendments and policy clarifications. This year’s AB 404 (Stone, 2017) clarifies the process for resource families to move an approval from an agency to a county and establishes the treatment home category of Intensive Services Foster Care.
Resource Family Approval Process
The RFA process was created to streamline various approval practices that were required by different types of placements. A family that became licensed to do foster care, for example, would have to undergo a background check and other assessments of their home environment. But if that family decided to adopt that child, the family would be subject to an adoption approval process, including a home study, psychological assessment and other review. The RFA process was envisioned as a way to streamline all approval processes into a single effort, alleviate redundant work by staff, speed the process for children and families, and remove any barriers to families who subsequently wanted to adopt.
An RFA assessment focuses on the caregiver’s ability to meet safety, developmental and permanency needs of a child, as well as ensuring the child’s well-being. It assesses the family’s capacity to act as a “prudent parent” in providing a child with normal childhood experiences, the ability of the family to work with county social workers, service providers and others, to preserve financial stability and to maintain the least restrictive and most family-like environment.
Ultimately, the goal of the RFA is to have better prepared families and fewer placement changes for foster children, enabling the children to develop stable and nurturing relationships with caregivers and to focus on school and childhood activities, according to a CDSS description of the program. The author states that this bill enhances the goals of the RFA by ensuring that foster parents have child-specific appropriate training, if needed.
Training requirements
Training is an essential component of the pivot from group care to individualized family care. Resource families must complete a minimum of 12 hours of caregiver training prior to being approved to care for children. Training must include, but is not limited to, the following:
- An overview of the child protective and probation systems.
- 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.
- Positive discipline and the importance of self-esteem.
- Health issues in foster care.
- Accessing services and supports to address education needs, physical, mental, and behavioral health, and substance use disorders, including culturally relevant services.
- The rights of a child in foster care, and the resource family’s responsibility to safeguard those rights, including the right to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
- 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.
- Basic instruction on existing laws and procedures regarding the safety of foster youth at school; and ensuring a harassment and violence free school environment, as defined.
- Permanence, well-being, and education needs of children.
- Child and adolescent development, including sexual orientation, gender identity, and expression.
- The role of resource families, including working cooperatively with the child welfare or probation agency, the child’s family, and other service providers implementing the case plan.
- The role of a resource family on the child and family team, as defined.
- A resource family’s responsibility to act as a reasonable and prudent parent, as described, and to provide a family setting that promotes normal childhood experiences and that serves the needs of the child.
- An overview of specialized training.
Current law additionally requires resource families to complete a minimum of eight hours of caregiver training annually, on subjects including the responsibility to act as a reasonable and prudent parent, as described, and to provide a family setting that promotes normal childhood experiences and that serves the needs of the child, as well as on other chosen topics.
Existing statute does not expressly tailor training of caregivers to the needs of children in their homes. This bill seeks to make that link.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee, ongoing significant costs to county social workers, up to $6.3 million ($4.2 million GF) per year for additional time needed to develop training plan recommendations for each eligible foster youth. This assumes a full caseload of approximately 21,000 resource families and approximately three additional hours per case worker per resource family at the current social worker rate of $99.46 per hour.
California Youth Connection (co-source)
Youth Law Center (co-source)
California Alliance of Caregivers
Children Now
The Junior League of San Diego
Seven individuals
Department of Finance
ARGUMENTS IN SUPPORT: The California Youth Connection, a youth-led organization of current and foster youth, states that this bill will “ensure that resource families receive the most relevant training and support that they need to raise California’s foster children and youth.” CYC writes that while current law requires eight hours of annual training, this bill will help to ensure that the training is relevant to the specific needs and goals of the children in their care.
ARGUMENTS IN OPPOSITION: The Department of Finance writes, “Notwithstanding the merits of this bill, Finance is opposed to this bill because it would impose a higher level service on counties that would have an overall effect of increasing general fund costs.” Additionally, Finance states that existing law allows a county to require a resource family to take additional hours of training on specialized, specific topics to address the needs of a particular child.
ASSEMBLY FLOOR: 76-0, 5/31/17
AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Chen, Choi, Eggman, Melendez
9/4/17 12:19:15
**** END ****
SENATE COMMITTEE ON
Senator Ricardo Lara, Chair
2017 - 2018 Regular Session
AB 507 (Rubio) - Resource families: training topics
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
AB 507 would require each entity responsible for approving a resource family to make recommendations to the resource family regarding training topics that support the case plans, goals, and needs of each child in the home.
Fiscal Impact:
Ongoing significant costs to county social workers, up to $6.3 million ($4.2 million GF) per year for additional time needed to develop training plan recommendations for each eligible foster youth. This assumes a full caseload of approximately 21,000 resource families and approximately 3 additional hours per case worker per resource family at the current social worker rate of $99.46 per hour.
Note: Proposition 30 (November 2012) eliminated any potential mandate funding liability for any new program or higher level of service mandated on local agencies related to realigned programs, including child welfare services and foster care. Rather, legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by realignment only apply to local agencies to the extent that the state provides annual funding for the cost increase. Local agencies are not obligated to provide programs or levels of service required by legislation above the level for which funding has been provided.
Background:
A January 2015 report, “California’s Child Welfare Continuum of Care Reform Report,” produced by CDSS outlined a collaborative approach to improve the experience and outcomes of children and youth in foster care by improving assessments of children and families, emphasizing home-based family care placements of children, and changing the goals for congregate (group home) care placements. Through this model, children who cannot initially safely be placed in home-based family care may still go into congregate care, but with a care plan that aims to transition these children into home-based family care with their services following them. The report emphasized that reform efforts cannot be accomplished with isolated standalone components, but rather an interconnected system.
The Resource Family Approval (RFA) process was created to streamline various approval practices that were required by different types of placements. An RFA assessment focuses on the caregiver’s ability to meet safety, developmental, and permanency needs of a child, as well as ensuring the child’s well-being. The ultimate goal of the RFA process is to have better prepared families and fewer placement changes for foster children.
Training is an essential part of the transition from congregate care placements to home-based family care. Existing law requires resource families to complete a minimum of 12 hours of caregiver training prior to being approved to care for children. Additionally, resource families must complete a minimum of eight hours of further caregiver training annually. This additional training is not expressly tailored to the needs of a particular child in their home.
Proposed Law:
This bill would require each entity responsible for approving a resource family to make recommendations to the resource family regarding training topics that support the case plans, goals, and needs of each child in the home, after consulting with the resource family and members of the child and family team for each child, as specified by CDSS in applicable written directives or regulations.
Additionally, this bill would authorize a county to require a resource family or applicant to receive one or more hours of relevant specialized training that is in addition to the hours of that training that are required by state law.
Related Legislation:
AB 404 (Stone, 2017) would establish the Intensive Services Foster Care category for children with high needs, update the RFA process – providing a means to transfer a resource family approval and remove a resource family from inactive status, and other changes. This bill is pending in the Senate Appropriations Committee.
AB 1997 (Stone, Chapter 612, Statutes of 2016) was a cleanup bill for the original CCR enactment. It included requirements for mental health certification of STRTPs, made modifications to the RFA process, and required payment of basic rate to all families regardless of approval process.
AB 403 (Stone, Chapter 773, Statutes of 2015) enacted the CCR, including eliminating group homes and emphasizing family-based care. It enacted the requirement for statewide RFA usage as of January 1, 2017.
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 CDSS 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.
Staff Comments:
Staff notes, as all foster caregivers become resource families, the caseload of resource families is expected to increase each year until an estimated 21,000 resource families in FY 2020-21 after a full transition to resource families.
-- END --
SENATE COMMITTEE ON HUMAN SERVICES
Senator Wiener, Chair
2017 - 2018 Regular
Bill No: AB 507
Author: | Rubio | ||
Version: | May 26, 2017 | Hearing Date: | July 11, 2017 |
Urgency: | No | Fiscal: | Yes |
Consultant: | Mareva Brown | ||
Subject: Resource families: preapproval training and annual training
SUMMARY
This bill requires each entity that is responsible for approving a resource family to work with that resource family as part of its annual update to develop a training plan that is child- or youth- informed and supports the case plans, goals, and needs of each child or youth in the home. The bill requires the training plan to be developed with input from the social worker or probation office staff for each child who is presently in the home, and informed by discussions in the child and family team meetings.
ABSTRACT
Existing law:
- Establishes a system of juvenile dependency for children who are or are at risk of being physically, sexually or emotionally abused, being neglected or being exploited to ensure their safety, protection and physical and emotional well-being. (WIC 300, et seq.)
- Establishes the Resource Family Approval (RFA) process for licensing foster family homes, approving relatives and nonrelative extended family members as foster care providers, and approving adoptive families. The process includes a home study, psychosocial assessment, background check, and other elements. (WIC 16519.5)
- Requires the California Department of Social Services (CDSS) to ensure 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. (WIC 16519.5 (g)(12))
- Requires resource family applicants complete a minimum of 12 hours of training on specified topics prior to approval, such as the resource family’s role in working with the case manager, child and family team and other professionals, and positive discipline and the importance of self-esteem, the effects of trauma on child development and behavior, and other topics. (WIC 16519.5 (g)(13))
- Requires approved resource families to complete a minimum of eight hours of caregiver training annually, on specified or other topics. (WIC 16519.5 (g)(14))
- Permits a county to require a resource family or applicant to receive relevant specialized training for the purpose of preparing the resource family to meet the needs of a particular child in care. This training may include, but is not limited to, best practices in caring for and supervising children who are victims of commercial sexual exploitation, best practices in caring for children who are lesbian, gay, bisexual, and transgender, understanding best practices related to the use of psychotropic medication, and others. (WIC 16519.5 (h))
This bill:
- Requires, as part of the annual RFA update, that each entity responsible for approving a resource family shall work with that resource family to develop a training plan that meets the following criteria:
- Is child- or youth-informed.
- Supports the case plans, goals, and needs of each child or youth in the home.
- Addresses specific training topics requested by the resource family.
- Addresses training topics related to issues identified as causing or contributing to law enforcement contact, interventions for the purpose of voluntary or involuntary hospitalization, or possible or actual placement disruptions.
- Requires the training plan to be developed in conjunction with the family’s RFA update as specified, with input from the social worker or probation office staff for each child who is presently in the home, and shall be informed by discussions in the child and family team meetings.
- Deletes obsolete language which was sunset on January 1, 2017 that established the RFA pilot project for counties and for foster family agencies.
- Deletes the requirement to provide resource families with instruction on ensuring a harassment and violence free school environment, as specified.
- Makes conforming statutory changes.
FISCAL IMPACT
An analysis by the Assembly Committee on Appropriations identified costs to county social workers, likely in the range of $1.5 million to $2 million (GF) statewide, to develop training plans for approximately 50,000 eligible foster youth. This assumes a county social worker would spend approximately up to one hour with each foster youth.
BACKGROUND AND DISCUSSION
Purpose of the bill:
The state’s current Continuum of Care Reform (CCR) effort is shifting the focus from caring for children in group settings to developing more appropriate family based settings for children. According to the author, this philosophical and policy shift aims to build a system where every foster child and youth has the support and opportunity to live in a healthy stable and happy home. This bill “will ensure that resource families get the relevant training they want and need by having them create an annual training plan with the placing agency,” the author states. The annual training plan in this bill will be youth-centered and specific to the goals and wellness of children and youth in their homes, according to the author.
Continuum of Care Reform (CCR) effort
AB 403 (Stone, Chapter 773, Statutes of 2015) codified California’s long-standing goal to move away from the use of long-term group home care by increasing youth placement into family settings, strengthening training and supports for those families and transforming existing group home care into short term residential therapeutic programs (STRTPs). The bill followed a January 2015 CDSS report entitled the “California’s Child Welfare Continuum of Care Reform.” The report and a working group, which spent three years considering the best path to reform, were required by budget trailer bill (SB 1013, Chapter 25, Statutes of 2012), which directed the workgroup to consider how to ensure the provision of services in family-like settings.
The report outlined an interdependent approach to improving California’s child welfare system by improving assessments of children and families, emphasizing home-based family placements of foster children, and changing the goals of congregate care placements.
One recommendation of the report, included in AB 403, was to provide 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 use a more consistent assessment tool that identifies the needs of the child. Another key element was to limit the use of group care to short-term treatment with targeted mental health components. Last year, AB 1997 (Stone, Chapter 612, Statutes of 2016) established requirements for mental health certification of STRTPs, made changes to the resource family approval process, and provided additional oversight of foster homes, in addition to numerous technical amendments and policy clarifications. This year’s AB 404 (Stone, 2017) clarifies the process for resource families to move an approval from an agency to a county and establishes the treatment home category of Intensive Services Foster Care.
Resource Family Approval Process
The RFA process was created to streamline various approval practices that were required by different types of placements. A family that became licensed to do foster care, for example, would have to undergo a background check and other assessments of their home environment. But if that family decided to adopt that child, the family would be subject to an adoption approval process, including a home study, psychological assessment and other review. The RFA process was envisioned as a way to streamline all approval processes into a single effort, alleviate redundant work by staff, speed the process for children and families, and remove any barriers to families who subsequently wanted to adopt.
An RFA assessment focuses on the caregiver’s ability to meet safety, developmental and permanency needs of a child, as well as ensuring the child’s well-being. It assesses the family’s capacity to act as a “prudent parent” in providing a child with normal childhood experiences, the ability of the family to work with county social workers, service providers and others, to preserve financial stability and to maintain the least restrictive and most family-like environment.
Ultimately, the goal of the RFA is to have better prepared families and fewer placement changes for foster children, enabling the children to develop stable and nurturing relationships with caregivers and to focus on school and childhood activities, according to a CDSS description of the program.
Initially, the RFA was a pilot program in San Francisco, San Luis Obispo, Kings, Santa Barbara, Santa Clara counties. In 2016, an additional nine counties volunteered to implement RFA. AB 403 required statewide implementation beginning on January 1, 2017.
Training requirements
Training is an essential component of the pivot from group care to individualized family care. Resource families must complete a minimum of 12 hours of caregiver training prior to being approved to care for children. Training must include, but is not limited to, the following:
- An overview of the child protective and probation systems.
- 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.
- Positive discipline and the importance of self-esteem.
- Health issues in foster care.
- Accessing services and supports to address education needs, physical, mental, and behavioral health, and substance use disorders, including culturally relevant services.
- The rights of a child in foster care, and the resource family’s responsibility to safeguard those rights, including the right to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
- 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.
- Basic instruction on existing laws and procedures regarding the safety of foster youth at school; and ensuring a harassment and violence free school environment, as defined.
- Permanence, well-being, and education needs of children.
- Child and adolescent development, including sexual orientation, gender identity, and expression.
- The role of resource families, including working cooperatively with the child welfare or probation agency, the child’s family, and other service providers implementing the case plan.
- The role of a resource family on the child and family team, as defined.
- A resource family’s responsibility to act as a reasonable and prudent parent, as described, and to provide a family setting that promotes normal childhood experiences and that serves the needs of the child.
- An overview of specialized training.
Current law additionally requires resource families to complete a minimum of eight hours of caregiver training annually, on subjects including the responsibility to act as a reasonable and prudent parent, as described, and to provide a family setting that promotes normal childhood experiences and that serves the needs of the child, as well as on other chosen topics.
Existing statute does not expressly tailor training of caregivers to the needs of children in their homes. This bill seeks to make that link.
Related legislation:
AB 404 (Stone, 2017) establishes the Intensive Services Foster Care category for children with high needs, and updates the RFA process, providing a means to transfer a resource family approval, remove a resource family from in active status and other changes.
AB 1997 (Stone, Chapter 612, Statutes of 2016) was a cleanup bill for the original CCR enactment. It included requirements for mental health certification of STRTPs, made modifications to the RFA process, and required payment of basic rate to all families regardless of approval process.
AB 403 (Stone, Chapter 773, Statutes of 2015) enacted the CCR, including eliminating group homes and emphasizing family-based care. It enacted the requirement for statewide RFA usage as of January 1, 2017.
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 CDSS 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.
COMMENTS
- This bill includes deletions of language that have sunset, however, CDSS asks that those sections of language not be removed from statute as they clarify implementation intent for CCR. Staff recommends reinstating existing statutory language, as follows:
Page 12, line 20: Restore existing WIC 16519.5 (b)
Page 28, line 4: Restore existing WIC 16519.5 (r)
Page 22, line 28: Restore existing language with corrected Education code citation, as follows:
WIC 16519.5 .(f) 13)(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, including, but not limited to, those acts defined in Subdivision (r) of Section 48900 of the Education Code.
- This bill attempts to align the eight hours of required annual training for each resource family with the unique needs of the children in the resource family home. While the goal of the bill is laudable, the process by which this bill envisions the training may be costly and inflexible. Staff recommends amending the bill to require the entity responsible for approving a resource family to consult with the resource family and other relevant individuals about types of training that may be useful. Additionally, CDSS and county welfare agencies should work with the sponsors to identify the best methods to ensure families have access to appropriate training through the establishment of written directives or regulations.
Staff recommends the following amendments:
WIC 16519.5 .(f) (14) (A) Ensuring approved resource families complete a minimum of eight hours of caregiver training annually. As part of the annual resource family approval updates set forth in paragraph (6), Each entity responsible for approving a resource family shall make recommendations to the resource family on training topics that support the case plans, goals and needs of each child in the home, after consulting with the resource family, and members of the child and family team for each child, as specified by the department in written directives or regulations adopted pursuant to this section. work with that resource family to develop a training plan that meets the following criteria:
(i) Is child or youth informed.
(ii) Supports the case plans, goals, and needs of each child or youth in the home.
(iii) Addresses specific training topics requested by the resource family.
(iv) Addresses training topics related to issues identified as causing or contributing to law enforcement contact, interventions for the purpose of voluntary or involuntary hospitalization, or possible or actual placement disruptions.
(v) A portion of the training must address Addresses topics from subparagraph (M) of paragraph (13) and one or more of the other topics listed in paragraph (13).
(B) The training plan shall be developed in conjunction with the family’s resource family approval update as specified in this section, with input from the social worker or probation office staff for each child who is presently in the home, and shall be informed by discussions in the child and family team meetings.
PRIOR VOTES
Assembly Floor: | 76 - 0 |
Assembly Appropriations Committee: | 16 - 0 |
Assembly Human Services Committee: | 7 - 0 |
POSITIONS
Support:
California Youth Connection (Co-Sponsor)
Youth Law Center (Co-Sponsor)
California Alliance of Caregivers
Children Now
The Junior League of San Diego
7 Individuals
Oppose:
None received.
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 507
Author:(Rubio)
As Amended Ver:May 26, 2017
Majority vote
Committee | Votes | Ayes | Noes |
Human Services | 7-0 | Rubio, Choi, Arambula, Gonzalez Fletcher, Maienschein, Mark Stone, Thurmond | |
Appropriations | 16-0 | Gonzalez Fletcher, Bigelow, Bloom, Bocanegra, Bonta, Brough, Calderon, McCarty, Quirk, Fong, Friedman, Gallagher, Eduardo Garcia, Gray, Muratsuchi, Reyes |
|
SUMMARY: Requires a county welfare agency to work with a resource family to develop a training plan that is based on a youth's goals.
Specifically, this bill:
- Requires the entity responsible for approving a resource family, as part of the annual resource family approval updates described by current law, to work with that family to develop a training plan that, in addition to addressing topics currently specified in law, is: youth informed; supports the case plans, goals, and needs of each child or youth in the home; addresses specific training topics requested by the resource family; and addresses training topics related to issues identified as causing or contributing to law enforcement contact, interventions for the purpose of voluntary or involuntary hospitalization, or possible or actual placement disruptions.
- Requires the training plan be developed in conjunction with the family's resource family approval update, as specified in current law, with input from the social worker or probation office staff for each child who is presently in the home, and requires the case plan to be informed by discussions in the child and family team meetings.
- Makes technical and clarifying changes, including the removal of outdated language.
EXISTING LAW:
- Establishes a state and local system of child welfare services, including foster care, for children who have been adjudged by the court to be at risk or have been abused or neglected, as specified. (Welfare and institutions Code Section (WIC) 202)
- States that the purpose of foster care law is to provide maximum safety and protection for children who are currently being physically, sexually, emotionally abused, neglected, or exploited, and to ensure the safety, protection, and physical and emotional well-being of children who are at risk of harm. (WIC 300.2)
- States the intent of the Legislature to preserve and strengthen a child's family ties whenever possible and to reunify a foster youth with his or her biological family whenever possible, or to provide a permanent placement alternative, such as adoption or guardianship. (WIC 16000)
- Establishes various training requirements for resource families, including basic instruction on existing laws and procedures regarding the safety of foster youth at school, and ensuring a harassment and violence free school environment, as defined. (WIC 16519.5 (g)(13)(H))
- 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. (Health and Safety Code Section (HSC) 1529.2(b), WIC 16519 (g)(14))
- Makes a Legislative declaration that the foundation and central unifying tool in child welfare services is the case plan, and that a case plan ensures that the child receives protection, safe and proper care, and case management, and that services are provided to the child and parents or other caretakers in order to improve conditions in the parent's home, to facilitate the safe return of the child to a safe home or the permanent placement of the child, and to address the needs of the child while in foster care. (WIC 16501.1)
- Defines "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. (WIC 16501 et seq.)
- Requires a child and family team meeting, as specified, 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 family setting that promotes normal childhood experiences. (WIC 16501.1(d)(2))
- 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)
FISCAL EFFECT: According to the Assembly Appropriations Committee, this bill may result in costs to county social workers, likely in the range of $0.5 million to $1 million (General Fund) statewide, to develop training plans for approximately 50,000 eligible foster youth. This assumes a county social worker would spend approximately up to half an hour with each foster youth.
COMMENTS:
Challenges faced by foster youth: Foster youth face a number of challenges not experienced as frequently by their peers who are not involved in the child welfare system. Because the childhood of a foster youth can be marked by instability and a lack of sufficient care by adult role models, foster youth may be more likely to experience mental and emotional health issues that follow them into adulthood. In California, 77% of foster youth experience three or more placements; research has shown that placement instability can result in youth becoming disengaged from their caregivers and other adults. Many foster youth may not be afforded the opportunity to form healthy attachments with the adults in their lives. This lack of trusting, consistent relationships with adults can result in attachment disorders in foster youth.
Continuum of Care Reform (CCR): In 2015, Governor Brown signed AB 403 (Stone), Chapter 773, Statutes of 2015, which reformed placement and treatment options for youth in foster care under what is called "Continuum of Care Reform" (CCR). The bill was sponsored by the Department of Social Services (DSS) and built upon years of policy changes aimed at improving outcomes for youth in foster care. Primarily, and as a result of growing consensus among the child welfare field at both the national and state level, efforts have been made at reducing the reliance on group homes as a placement setting for foster youth. AB 403 aimed to ensure that youth in foster care would have their day-to-day physical, mental and emotional needs met and that they have the opportunity to grow up in permanent and supportive homes, and that they can grow into self-sufficient and successful adults. AB 403 included various changes to the Resource Family Approval program. In 2016, AB 1997 (Stone), Chapter 612, Statutes of 2016 was signed into law and adopted changes to further facilitate implementation of CCR recommendations.
In order to ensure youth receive necessary services, a case plan for each child is created and is often considered the foundation and unifying tool in which a child's needs and services are consolidated in one location. Current law requires that a written case plan be completed no more than 60 days after the initial removal of a child from care, or by the date of the dispositional hearing, whichever is first. The case plan provides a centralized file that includes: a description of the type of home or institution in which the child is placed, the reasons for that placement decision, including specific goals and appropriateness of the planned services in meeting those goals, and the original allegations of abuse or neglect or the conditions cited as the basis for declaring the child a dependent of the court. Case plans also detail the services provided to the child and their parents, as well as any recommendations made by the child and the family team, in order to ensure the protection and safe and proper care of the child. Through the creation of child and family teams, which were created through CCR, a youth no longer relies on a single social worker to make placement decisions; instead, a child and family team consists of a network of individuals tasked with assessing the placement needs of a child or youth and exploring alternative placement options to residential treatment-based placements, including: caregivers, the placing agency caseworker, county mental health representatives, the youth themselves, and others, as specified in current law.
Resource Family Approval (RFA): AB 340 (Hancock), Chapter 340, Statutes of 2007, gave DSS the authority to implement the resource family approval (RFA) program, which is a unified, family-friendly, and child-centered resource family approval process. RFA was implemented with the intention of eliminating redundancies in the licensing/approval process of foster families, including relative caregivers, and creating one, unified approval process that would be used to assess all potential foster homes. Under RFA, relatives – like non-relative foster parent applicants – are required to complete training hours, a psychosocial assessment, and risk assessment. Initially, five counties, including San Luis Obispo, Kings, Santa Barbara, Santa Clara, and San Francisco, were selected to be the initial implementers of the RFA program between November 2013 and August 2014. Between January and July of 2016, an additional 9 counties volunteered to implement RFA prior to statewide implementation of RFA, per CCR efforts, which began on January 1, 2017.
Training requirements: Current law requires resource families to undergo a minimum of 12 hours of preapproval caregiver training in order to ensure that resource families have the necessary knowledge, skills, and abilities to serve the children placed in their care. Training for resource families includes: an overview of the child protective and probation systems, the effects of trauma, including grief, loss, and child abuse and neglect on a child's development and behavior, health issues in foster care, the rights of a child in foster care, and the cultural needs of children, among others. Prior to approval, resources families must undergo an assessment to make a determination as to whether or not a family possesses: an understanding of the safety, permanency, and well-being needs of children and nonminor dependents, a 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. Families must also have an understanding of the youth's needs and development, effective parenting skills or knowledge about parenting, and a capacity to act as a reasonable and prudent parent in day-to-day decision making. Current law also requires resources families to complete a minimum of eight hours of caregiver training annually and includes topics such as health issues in foster care, promoting normal childhood experiences, permanence, well-being, and education needs of children, and the cultural needs of children, among others.
Need for this bill: According to the author's office, "[This bill] will ensure that both foster youth and resource families will receive the relevant training they want and need by having them create an annual training plan with the placing agency. The annual training plan will be youth-centered and specific to the goals and especially the wellness of the youth. This annual training plan must be amended immediately if the resource family experiences any threat of or actual placement disruption."
PRIOR LEGISLATION:
AB 404 (Stone) of the current legislative session, this bill will further Continuum of Care Reform efforts made by AB 403 and AB 1997. This bill is currently on the Assembly Floor.
AB 1997 (Stone), Chapter 612, Statutes of 2016, furthered Continuum of Care Reform efforts.
AB 403 (Stone), Chapter 773, Statutes of 2015, implemented Continuum of Care Reform recommendations to better serve children and youth in California's child welfare services system.
Analysis Prepared by: Kelsy Castillo / HUM. S. / (916) 319-2089 FN: 0000895
Date of Hearing: May 17, 2017
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 507
Author:(Rubio) – As Amended Ver:March 15, 2017
Policy Committee: | Human Services | Vote: | 7 - 0 |
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill requires a county welfare agency to work with a resource family to develop a training plan that is based on a youth’s goals and needs, and requires the training plan to be updated in the event that a placement is disrupted. Specifically, this bill:
- Requires the entity responsible for approving a resource family to work with that family to develop a training plan that, in addition to addressing topics currently specified in law, is youth informed, developed collaboratively with the child and family team, and based on the specific case plans, goals, and needs of each child or youth in the home.
- Requires the training plan be immediately amended to include any additional training necessary to support the resource family and child in the event the family experiences a serious disruption that threatens to disrupt or actually disrupts placement, such as law enforcement contact, intervention for purposes of voluntary or involuntary psychiatric hospitalization, or a resource family providing notice to a county that they would like a child removed from their home.
FISCAL EFFECT:
Costs to county social workers (CSW), likely in the range of $1.5 million to $2 million (GF) statewide, to develop training plans for approximately 50,000 eligible foster youth. This assumes a CSW would spend approximately up to one hour with each foster youth.
COMMENTS:
- Purpose. According to the Youth Law Center, a co-sponsor of this legislation, “[This bill] will provide that the eight hours of training that resource families receive is child and youth informed, is developed in collaboration with the child and family team, and is based on the specific case plan, needs, and goals of the children and youth in the resource home. The bill also ensures that the training plan is amended if issues arise that lead to a possible or actual disruption of the placement, so that the resource parents receive the information they need to address the needs and goals of the children and youth during this challenging period.”
- Background. In 2015, Governor Brown signed AB 403 (Stone) which reformed placement and treatment options for youth in foster care under what is called “Continuum of Care Reform” (CCR). The bill was aimed at improving outcomes for youth in foster care. Primarily, and as a result of growing consensus among the child welfare field at both the national and state level, efforts have been made at reducing the reliance on group homes as a placement setting for foster youth. AB 1997 (Stone), was signed last year and adopts clarifying and technical changes to continue the work started with AB 403.
AB 403 included various changes to the Resource Family Approval (RFA) process intended to move all foster parents, relative and non-relative, into a system that requires new risk assessments, psychosocial assessment processes, and new training requirements. Prior to AB 403, in 2013-14, Resource Family Approval was a pilot program in San Luis Obispo, Kings, Santa Barbara, Santa Clara, counties, and City and County of San Francisco. In 2016, an additional nine counties volunteered to implement RFA prior to statewide implementation, which began January 1, 2017.
- Training requirements for resource families. Current law requires resource families to undergo a minimum of 12 hours of preapproval caregiver training. Resource families must also undergo an assessment to determine whether or not a family possesses an understanding of the safety, permanency, and well-being needs of children and nonminor dependents, a capacity and willingness to meet those needs, and the willingness to make use of support resources offered by the agency. Families must also have an understanding of the youth’s needs and development, effective parenting skills, and a capacity to act as a reasonable and prudent parent in day-to-day decision making.
Current law additionally requires resources families to complete a minimum of eight hours of caregiver training annually and includes topics such as health issues in foster care, promoting normal childhood experiences, permanence, well-being, and education needs of children, and the cultural needs of children, among others.
This bill modifies the ongoing training requirements for resource families, which are fairly general, to additionally require training that is specific to each youth in the home.
- Related Legislation. AB 404 (Stone) will further the implementation of the CCR efforts made by AB 403 and AB 1997. This bill is pending hearing in this Committee.
- Prior Legislation. AB 2597 (Cooley) of the 2015-16 Legislative Session, would have made various changes to the RFA process to account for the unique needs of relative caregivers. It was held in this Committee on Suspense.
AB 1997 (Stone), Chapter 612, Statutes of 2016, furthered the implementation of CCR reforms made in AB 403.
AB 403 (Stone), Chapter 773, Statutes of 2015, implemented CCR recommendations which reformed placement and treatment options for youth in foster care.
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.
\Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: March 21, 2017
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Blanca Rubio, Chair
ABPCA Bill Id:AB 507 (
Author:Rubio) – As Amended Ver:March 15, 2017
SUBJECT: Resource families: preapproval training and annual training
SUMMARY: Requires a county welfare agency to work with a resource family to develop a training plan that is based on a youth’s goals and needs and requires the training plan to be updated in the event that a placement is disrupted.
Specifically, this bill:
- Requires the entity responsible for approving a resource family to work with that family to develop a training plan that, in addition to addressing topics currently specified in law, is: youth informed; developed collaboratively with the child and family team; and based on the specific case plans, goals, and needs of each child or youth in the home.
- Requires the training plan be immediately amended to include any additional training necessary to support the resource family and child in the event that the family experiences a serious disruption that threatens to disrupt or actually disrupts placement, such as law enforcement contact, intervention for purposes of voluntary or involuntary psychiatric hospitalization, or a resource family providing notice to a county that they would like a child removed from their home.
- Makes technical and clarifying changes, including the removal of outdated language.
EXISTING LAW:
- Establishes a state and local system of child welfare services, including foster care, for children who have been adjudged by the court to be at risk or have been abused or neglected, as specified. (WIC 202)
- States that the purpose of foster care law is to provide maximum safety and protection for children who are currently being physically, sexually, emotionally abused, neglected, or exploited, and to ensure the safety, protection, and physical and emotional well-being of children who are at risk of harm. (WIC 300.2)
- States the intent of the Legislature to preserve and strengthen a child’s family ties whenever possible and to reunify a foster youth with his or her biological family whenever possible, or to provide a permanent placement alternative, such as adoption or guardianship. (WIC 16000)
- Establishes various training requirements for resource families, including basic instruction on existing laws and procedures regarding the safety of foster youth at school, and ensuring a harassment and violence free school environment, as defined. (WIC 16519.5 (g)(13)(H))
- 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), WIC 16519 (g)(14))
- Makes a Legislative declaration that the foundation and central unifying tool in child welfare services is the case plan, and that a case plan ensures that the child receives protection, safe and proper care, and case management, and that services are provided to the child and parents or other caretakers in order to improve conditions in the parent’s home, to facilitate the safe return of the child to a safe home or the permanent placement of the child, and to address the needs of the child while in foster care. (WIC 16501.1)
- Defines “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. (WIC 16501 et seq.)
- Requires a child and family team meeting, as specified, 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 family setting that promotes normal childhood experiences. (WIC 16501.1(d)(2))
- 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)
FISCAL EFFECT: Unknown.
COMMENTS:
Child Welfare Services: The purpose of California’s Child Welfare Services (CWS) system is to protect children from abuse and neglect and provide for their health and safety. When children are identified as being at risk of abuse, neglect or abandonment, county juvenile courts hold legal jurisdiction and children are served by the CWS system through the appointment of a social worker. Through this system, there are multiple opportunities for the custody of the child, or his or her placement outside of the home, to be 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. The CWS system seeks to help children who have been removed from their homes reunify with their parents or guardians, whenever appropriate, or unite them with other individuals they consider to be family. There are currently over 64,000 children and youth in California’s child welfare system.
Challenges faced by foster youth: Foster youth face a number of challenges not experienced as frequently by their peers who are not involved in the child welfare system. Because the childhood of a foster youth can be marked by instability and a lack of sufficient care by adult role models, foster youth may be more likely to experience mental and emotional health issues that follow them into adulthood. In California, 77% of foster youth experience three or more placements; research has shown that placement instability can result in youth becoming disengaged from their caregivers and other adults. Many foster youth may not be afforded the opportunity to form healthy attachments with the adults in their lives. This lack of trusting, consistent relationships with adults can result in attachment disorders in foster youth.
Continuum of Care Reform (CCR): In 2015, Governor Brown signed AB 403 (Stone), Chapter 773, Statutes of 2015, which reformed placement and treatment options for youth in foster care under what is called “Continuum of Care Reform” (CCR). The bill was sponsored by the Department of Social Services (DSS) and built upon years of policy changes aimed at improving outcomes for youth in foster care. Primarily, and as a result of growing consensus among the child welfare field at both the national and state level, efforts have been made at reducing the reliance on group homes as a placement setting for foster youth. AB 403 aimed to ensure that youth in foster care would have their day-to-day physical, mental and emotional needs met and that they have the opportunity to grow up in permanent and supportive homes, and that they can grow into self-sufficient and successful adults. AB 403 included various changes to the Resource Family Approval program. In 2016, AB 1997 (Stone), Chapter 612, Statutes of 2016 was signed into law and adopted changes to further facilitate implementation of CCR recommendations.
In order to ensure youth receive necessary services, a case plan for each child is created and is often considered the foundation and unifying tool in which a child’s needs and services are consolidated in one location. Current law requires that a written case plan be completed no more than 60 days after the initial removal of a child from care, or by the date of the dispositional hearing, whichever is first. The case plan provides a centralized file that includes: a description of the type of home or institution in which the child is placed, the reasons for that placement decision, including specific goals and appropriateness of the planned services in meeting those goals, and the original allegations of abuse or neglect or the conditions cited as the basis for declaring the child a dependent of the court. Case plans also detail the services provided to the child and their parents, as well as any recommendations made by the child and the family team, in order to ensure the protection and safe and proper care of the child. Through the creation of child and family teams, which were created through CCR, a youth no longer relies on a single social worker to make placement decisions; instead, a child and family team consists of a network of individuals tasked with assessing the placement needs of a child or youth and exploring alternative placement options to residential treatment-based placements, including: caregivers, the placing agency caseworker, county mental health representatives, the youth themselves, and others, as specified in current law.
Resource Family Approval (RFA): AB 340 (Hancock), Chapter 340, Statutes of 2007, gave DSS the authority to implement the resource family approval (RFA) program, which is a unified, family-friendly, and child-centered resource family approval process. RFA was implemented with the intention of eliminating redundancies in the licensing/approval process of foster families, including relative caregivers, and creating one, unified approval process that would be used to assess all potential foster homes. Under RFA, relatives – like non-relative foster parent applicants – are required to complete training hours, a psychosocial assessment, and risk assessment. Initially, five counties, including San Luis Obispo, Kings, Santa Barbara, Santa Clara, and San Francisco, were selected to be the initial implementers of the RFA program between November 2013 and August 2014. Between January and July of 2016, an additional 9 counties volunteered to implement RFA prior to statewide implementation of RFA, per CCR efforts, which began on January 1, 2017.
Training requirements: Current law requires resource families to undergo a minimum of 12 hours of preapproval caregiver training in order to ensure that resource families have the necessary knowledge, skills, and abilities to serve the children placed in their care. Training for resource families includes: an overview of the child protective and probation systems, the effects of trauma, including grief, loss, and child abuse and neglect on a child’s development and behavior, health issues in foster care, the rights of a child in foster care, and the cultural needs of children, among others. Prior to approval, resources families must undergo an assessment to make a determination as to whether or not a family possesses: an understanding of the safety, permanency, and well-being needs of children and nonminor dependents, a 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. Families must also have an understanding of the youth’s needs and development, effective parenting skills or knowledge about parenting, and a capacity to act as a reasonable and prudent parent in day-to-day decision making. Current law also requires resources families to complete a minimum of eight hours of caregiver training annually and includes topics such as health issues in foster care, promoting normal childhood experiences, permanence, well-being, and education needs of children, and the cultural needs of children, among others.
Need for this bill: According to the author’s office, “[This bill] will ensure that both foster youth and resource families will receive the relevant training they want and need by having them create an annual training plan with the placing agency. The annual training plan will be youth-centered and specific to the goals and especially the wellness of the youth. This annual training plan must be amended immediately if the resource family experiences any threat of or actual placement disruption.”
According to the Youth Law Center, a co-sponsor of this legislation, “[This bill] will provide that the eight hours of training that resource families receive is child and youth informed, is developed in collaboration with the child and family team, and is based on the specific case plan, needs, and goals of the children and youth in the resource home. The bill also ensures that the training plan is amended if issues arise that lead to a possible or actual disruption of the placement, so that the resource parents receive the information they need to address the needs and goals of the children and youth during this challenging period.”
PRIOR LEGISLATION:
AB 404 (Stone), 2016, this bill will further Continuum of Care Reform efforts made by AB 403 and AB 1997. This bill is currently awaiting hearing in the Assembly Human Services Committee.
AB 1997 (Stone), Chapter 612, Statutes of 2016, furthered Continuum of Care Reform efforts.
AB 403 (Stone), Chapter 773, Statutes of 2015, implemented Continuum of Care Reform recommendations to better serve children and youth in California’s child welfare services system.
REGISTERED SUPPORT / OPPOSITION:
Support
Youth Law Center (Co-sponsor)
California Alliance of Child and Family Services
California Youth Connection (Co-sponsor)
John Burton Advocates for Youth
National Center for Youth Law
Opposition
None on file.
Analysis Prepared by: Kelsy Castillo / HUM. S. / (916) 319-2089
Discussed in Hearing
Senate Standing Committee on Appropriations
Assembly Floor
Assembly Standing Committee on Appropriations
Assembly Standing Committee on Human Services
Bill Author
Bill Co-Author(s):