SB 245: Foster youth: sexual health education.
- Session Year: 2017-2018
- House: Senate
- Latest Version Date: 2017-05-26
Existing law requires a county social worker to create a case plan for foster youth within a specified timeframe after the child is introduced into the foster care system. Existing law requires the case plan to include prescribed components, including, among other things, for youth in foster care 14 years of age and older and nonminor dependents, a document that describes the youths rights with respect to education, health, visitation, and court participation, the right to be annually provided with copies of his or her credit reports at no cost, and the right to stay safe and avoid exploitation.
This bill would additionally require, for youth in foster care 10 years of age and older and for nonminor dependents, dependents who are enrolled in high school, the case plan to include documentation be updated yearly to indicate that the case management worker has verified that the youth has received comprehensive sexual health education, as specified, and specified. The bill would also require, for youth in foster care 10 years of age and older and for all nonminor dependents, the case plan to be updated annually to document yearly to indicate that the case management worker has provided the youth or nonminor dependent certain information, including, among other things, that he or she may access age-appropriate, medically accurate information about reproductive and sexual health care. By imposing additional duties on county case management workers, this bill would impose a state-mandated local program.
Existing law requires foster care providers to ensure that adolescents who remain in long-term foster care receive age-appropriate pregnancy prevention information, provided that the department develops guidelines that describe the duties and responsibilities of foster care providers and county case managers in delivering pregnancy prevention services and information.
This bill would require the department to develop a curriculum for case management workers and foster care providers that addresses certain topics related to sexual and reproductive health care, including, among others, how to document sensitive health information including sexual and reproductive health issues in a case plan. The bill would also require these topics to be addressed in certain additional training, including, among others, training for administrator certification programs for group homes and short-term residential therapeutic programs.
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 requires a county social worker to create a case plan for foster youth within a specified timeframe after the child is introduced into the foster care system. Existing law requires the case plan to include prescribed components, including, among other things, for youth in foster care 14 years of age and older and nonminor dependents, a document that describes the youths rights with respect to education, health, visitation, and court participation, the right to be annually provided with copies of his or her credit reports at no cost, and the right to stay safe and avoid exploitation.
This bill would additionally require, for youth in foster care 10 years of age and older, older and nonminor dependents, the case plan to include documentation that the youth has received comprehensive sexual health education, as specified, and to be updated annually to identify how the agency will ensure the youth has access to, among other things, age-appropriate, medically accurate information on puberty, reproductive, and sexual health care, and how the agency will ensure the youth is not facing any barriers in accessing reproductive and sexual health care services or treatment. document that the case management worker has provided the youth or nonminor dependent certain information, including, among other things, that he or she may access age-appropriate, medically accurate information about reproductive and sexual health care. By imposing additional duties on county social workers and probation officers, case management workers, this bill would impose a state-mandated local program.
Existing law requires foster care providers to ensure that adolescents who remain in long-term foster care receive age-appropriate pregnancy prevention information, provided that the department develops guidelines that describe the duties and responsibilities of foster care providers and county case managers in delivering pregnancy prevention services and information.
This bill would require the department to develop a curriculum for case management workers and foster care providers that addresses certain topics related to sexual and reproductive health care, including, among others, how to document sensitive health information including sexual and reproductive health issues in a case plan. The bill would also require these topics to be addressed in certain additional training, including, among others, training for administrator certification programs for group homes and short-term residential therapeutic programs.
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 requires a county social worker to create a case plan for foster youth within a specified timeframe after the child is introduced into the foster care system. Existing law requires the case plan to include prescribed components, including, among other things, for youth in foster care 14 years of age and older and nonminor dependents, a document that describes the youths rights with respect to education, health, visitation, and court participation, the right to be annually provided with copies of his or her credit reports at no cost, and the right to stay safe and avoid exploitation.
This bill would additionally require, for youth in foster care 10 years of age and older, the case plan to include documentation that the youth has received comprehensive sexual health education, as specified, and to be updated annually to identify how the agency will ensure the youth has access to, among other things, age-appropriate, medically accurate information on puberty, reproductive, and sexual health care, and how the agency will ensure the youth is not facing any barriers in accessing reproductive and sexual health care services or treatment. By imposing additional duties on county social workers and probation officers, this bill would impose a state-mandated local program.
Existing law requires foster care providers to ensure that adolescents who remain in long-term foster care receive age-appropriate pregnancy prevention information, provided that the department develops guidelines that describe the duties and responsibilities of foster care providers and county case managers in delivering pregnancy prevention services and information.
This bill would require the department to develop a curriculum for case management workers and foster care providers that addresses certain topics related to sexual and reproductive health care, including, among others, how to document sensitive health information including sexual and reproductive health issues in a case plan. The bill would also require these topics to be addressed in certain additional training, including, among others, training for administrator certification programs for group homes and short-term residential therapeutic programs.
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 requires a county social worker to create a case plan for foster youth within a specified timeframe after the child is introduced into the foster care system. Existing law requires the case plan to include prescribed components, including, among other things, for youth in foster care 14 years of age and older and nonminor dependents, a document that describes the youths rights with respect to education, health, visitation, and court participation, the right to be annually provided with copies of his or her credit reports at no cost, and the right to stay safe and avoid exploitation.
This bill would additionally require, for youth in foster care 10 years of age and older, the case plan to include documentation that the youth has received comprehensive sexual health education, as specified, and to be updated annually to identify how the agency will ensure the youth has access to, among other things, age-appropriate, medically accurate information on puberty, reproductive, and sexual health care, and how the agency will ensure the youth is not facing any barriers in accessing reproductive and sexual health care services or treatment. By imposing additional duties on county social workers and probation officers, this bill would impose a state-mandated local program.
Existing law requires foster care providers to ensure that adolescents who remain in long-term foster care receive age-appropriate pregnancy prevention information, provided that the department develops guidelines that describe the duties and responsibilities of foster care providers and county case managers in delivering pregnancy prevention services and information.
This bill would require the department to develop a curriculum for case management workers and foster care providers that addresses certain topics related to sexual and reproductive health care, including, among others, how to document sensitive health information including sexual and reproductive health issues in a case plan. The bill would also require these topics to be addressed in certain additional training, including, among others, training for administrator certification programs for group homes and short-term residential therapeutic programs.
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)(1)The department, in consultation and collaboration with county placement officials, group home provider organizations, the Director of Health Care Services, and the Director of Developmental Services, shall develop and establish an administrator certification training program to ensure that administrators of group home facilities have appropriate training to provide the care and services for which a license or certificate is issued.
(2)The department shall develop and establish an administrator certification training program to ensure that administrators of short-term residential therapeutic program facilities have appropriate training to provide the care and services for which a license or certificate is issued.
(b)(1)In addition to any other requirements or qualifications required by the department, an administrator of a group home or short-term residential therapeutic program shall successfully complete a specified department-approved training certification program, pursuant to subdivision (c), prior to employment.
(2)In those cases when the individual is both the licensee and the administrator of a facility, the individual shall comply with all of the licensee and administrator requirements of this section.
(3)Failure to comply with this section shall constitute cause for revocation of the license of the facility.
(4)The licensee shall notify the department within 10 days of any change in administrators.
(c)(1)The administrator certification programs for group homes shall require a minimum of 40 hours of classroom instruction that provides training on a uniform core of knowledge in each of the following areas:
(A)Laws, regulations, and policies and procedural standards that impact the operations of the type of facility for which the applicant will be an administrator.
(B)Business operations.
(C)Management and supervision of staff.
(D)Psychosocial and educational needs of the facility residents, including, but not limited to, the information described in subdivision (d) of Section 16501.4 of the Welfare and Institutions Code.
(E)Community and support services.
(F)Physical needs of facility residents.
(G)Assistance with self-administration, storage, misuse, and interaction of medication used by facility residents.
(H)Resident admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(I)Instruction on cultural competency and sensitivity and related best practices for providing adequate care for children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender.
(J)Nonviolent emergency intervention and reporting requirements.
(K)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(L)The information described in subdivision (i) of Section 16521.5 of the Welfare and Institutions Code. The program may use the curriculum created pursuant to subdivision (h) and described in subdivision (i) of Section 16521.5 of the Welfare and Institutions Code.
(2)The administrator certification programs for short-term residential therapeutic programs shall require a minimum of 40 hours of classroom instruction that provides training on a uniform core of knowledge in each of the following areas:
(A)Laws, regulations, and policies and procedural standards that impact the operations of the type of facility for which the applicant will be an administrator.
(B)Business operations and management and supervision of staff, including staff training.
(C)Physical and psychosocial needs of the children, including behavior management, deescalation techniques, and trauma informed crisis management planning.
(D)Permanence, well-being, and educational needs of the children.
(E)Community and support services, including accessing local behavioral and mental health supports and interventions, substance use disorder treatments, and culturally relevant services, as appropriate.
(F)Understanding the requirements and best practices regarding psychotropic medications, including, but not limited to, court authorization, uses, benefits, side effects, interactions, assistance with self-administration, misuse, documentation, storage, and metabolic monitoring of children prescribed psychotropic medications.
(G)Admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(H)The federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), its historical significance, the rights of children covered by the act, and the best interests of Indian children as including culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership, and connection to the tribal community and traditions.
(I)Instruction on cultural competency and sensitivity and related best practices for providing adequate care for children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender.
(J)Nonviolent emergency intervention and reporting requirements.
(K)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(L)The information described in subdivision (i) of Section 16521.5 of the Welfare and Institutions Code. The program may use the curriculum created pursuant to subdivision (h) and described in subdivision (i) of Section 16521.5 of the Welfare and Institutions Code.
(d)Administrators who possess a valid group home license, issued by the department, are exempt from completing an approved initial certification training program and taking a written test, provided the individual completes 12 hours of classroom instruction in the following uniform core of knowledge areas:
(1)Laws, regulations, and policies and procedural standards that impact the operations of a short-term residential therapeutic program.
(2)(A)Authorization, uses, benefits, side effects, interactions, assistance with self-administration, misuse, documentation, and storage of medications.
(B)Metabolic monitoring of children prescribed psychotropic medications.
(3)Admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(4)The federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), its historical significance, the rights of children covered by the act, and the best interests of Indian children as including culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership, and connection to the tribal community and traditions.
(5)Instruction on cultural competency and sensitivity and related best practices for providing adequate care for children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender.
(6)Physical and psychosocial needs of children, including behavior management, deescalation techniques, and trauma informed crisis management planning.
(e)Individuals applying for administrator certification under this section shall successfully complete an approved administrator certification training program, pass a written test administered by the department within 60 days of completing the program, and submit to the department the documentation required by subdivision (f) within 30 days after being notified of having passed the test. The department may extend these time deadlines for good cause. The department shall notify the applicant of his or her test results within 30 days of administering the test.
(f)The department shall not begin the process of issuing a certificate until receipt of all of the following:
(1)A certificate of completion of the administrator training required pursuant to this chapter.
(2)The fee required for issuance of the certificate. A fee of one hundred dollars ($100) shall be charged by the department to cover the costs of processing the application for certification.
(3)Documentation from the applicant that he or she has passed the written test.
(4)Submission of fingerprints pursuant to Section 1522. The department may waive the submission for those persons who have a current clearance on file.
(5)That person is at least 21 years of age.
(g)It shall be unlawful for any person not certified under this section to hold himself or herself out as a certified administrator of a group home or short-term residential therapeutic program. Any person willfully making any false representation as being a certified administrator or facility manager is guilty of a misdemeanor.
(h)(1)Certificates issued under this section shall be renewed every two years and renewal shall be conditional upon the certificate holder submitting documentation of completion of 40 hours of continuing education related to the core of knowledge specified in subdivision (c). No more than one-half of the required 40 hours of continuing education necessary to renew the certificate may be satisfied through online courses. All other continuing education hours shall be completed in a classroom setting. For purposes of this section, an individual who is a group home or short-term residential therapeutic program administrator and who is required to complete the continuing education hours required by the regulations of the State Department of Developmental Services, and approved by the regional center, may have up to 24 of the required continuing education course hours credited toward the 40-hour continuing education requirement of this section. The department shall accept for certification, community college course hours approved by the regional centers.
(2)Every administrator of a group home or short-term residential therapeutic program shall complete the continuing education requirements of this subdivision.
(3)Certificates issued under this section shall expire every two years on the anniversary date of the initial issuance of the certificate, except that any administrator receiving his or her initial certification on or after July 1, 1999, shall make an irrevocable election to have his or her recertification date for any subsequent recertification either on the date two years from the date of issuance of the certificate or on the individuals birthday during the second calendar year following certification. The department shall send a renewal notice to the certificate holder 90 days prior to the expiration date of the certificate. If the certificate is not renewed prior to its expiration date, reinstatement shall only be permitted after the certificate holder has paid a delinquency fee equal to three times the renewal fee and has provided evidence of completion of the continuing education required.
(4)To renew a certificate, the certificate holder shall, on or before the certificate expiration date, request renewal by submitting to the department documentation of completion of the required continuing education courses and pay the renewal fee of one hundred dollars ($100), irrespective of receipt of the departments notification of the renewal. A renewal request postmarked on or before the expiration of the certificate shall be proof of compliance with this paragraph.
(5)A suspended or revoked certificate shall be subject to expiration as provided for in this section. If reinstatement of the certificate is approved by the department, the certificate holder, as a condition precedent to reinstatement, shall submit proof of compliance with paragraphs (1) and (2) of this subdivision, and shall pay a fee in an amount equal to the renewal fee, plus the delinquency fee, if any, accrued at the time of its revocation or suspension. Delinquency fees, if any, accrued subsequent to the time of its revocation or suspension and prior to an order for reinstatement, shall be waived for a period of 12 months to allow the individual sufficient time to complete the required continuing education units and to submit the required documentation. Individuals whose certificates will expire within 90 days after the order for reinstatement may be granted a three-month extension to renew their certificates during which time the delinquency fees shall not accrue.
(6)A certificate that is not renewed within four years after its expiration shall not be renewed, restored, reissued, or reinstated except upon completion of a certification training program, passing any test that may be required of an applicant for a new certificate at that time, and paying the appropriate fees provided for in this section.
(7)A fee of twenty-five dollars ($25) shall be charged for the reissuance of a lost certificate.
(8)A certificate holder shall inform the department of his or her employment status and change of mailing address within 30 days of any change.
(i)Unless otherwise ordered by the department, the certificate shall be considered forfeited under either of the following conditions:
(1)The department has revoked any license held by the administrator after the department issued the certificate.
(2)The department has issued an exclusion order against the administrator pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897, after the department issued the certificate, and the administrator did not appeal the exclusion order or, after the appeal, the department issued a decision and order that upheld the exclusion order.
(j)(1)The department, in consultation and collaboration with county placement officials, provider organizations, the State Department of Health Care Services, and the State Department of Developmental Services, shall establish, by regulation, the program content, the testing instrument, the process for approving administrator certification training programs, and criteria to be used in authorizing individuals, organizations, or educational institutions to conduct certification training programs and continuing education courses. The department may also grant continuing education hours for continuing courses offered by accredited educational institutions that are consistent with the requirements in this section. The department may deny vendor approval to any agency or person in any of the following circumstances:
(A)The applicant has not provided the department with evidence satisfactory to the department of the ability of the applicant to satisfy the requirements of vendorization set out in the regulations adopted by the department.
(B)The applicant person or agency has a conflict of interest in that the person or agency places its clients in group homes or short-term residential therapeutic programs.
(C)The applicant public or private agency has a conflict of interest in that the agency is mandated to place clients in group homes or short-term residential therapeutic programs and to pay directly for the services. The department may deny vendorization to this type of agency only as long as there are other vendor programs available to conduct the certification training programs and conduct education courses.
(2)The department may authorize vendors to conduct the administrators certification training program pursuant to this section. The department shall conduct the written test pursuant to regulations adopted by the department.
(3)The department shall prepare and maintain an updated list of approved training vendors.
(4)The department may inspect administrator certification training programs and continuing education courses, including online courses, at no charge to the department, to determine if content and teaching methods comply with regulations. If the department determines that any vendor is not complying with the requirements of this section, the department shall take appropriate action to bring the program into compliance, which may include removing the vendor from the approved list.
(5)The department shall establish reasonable procedures and timeframes not to exceed 30 days for the approval of vendor training programs.
(6)The department may charge a reasonable fee, not to exceed one hundred fifty dollars ($150) every two years, to certification program vendors for review and approval of the initial 40-hour training program pursuant to subdivision (c). The department may also charge the vendor a fee, not to exceed one hundred dollars ($100) every two years, for the review and approval of the continuing education courses needed for recertification pursuant to this subdivision.
(7)(A)A vendor of online programs for continuing education shall ensure that each online course contains all of the following:
(i)An interactive portion in which the participant receives feedback, through online communication, based on input from the participant.
(ii)Required use of a personal identification number or personal identification information to confirm the identity of the participant.
(iii)A final screen displaying a printable statement, to be signed by the participant, certifying that the identified participant completed the course. The vendor shall obtain a copy of the final screen statement with the original signature of the participant prior to the issuance of a certificate of completion. The signed statement of completion shall be maintained by the vendor for a period of three years and be available to the department upon demand. Any person who certifies as true any material matter pursuant to this clause that he or she knows to be false is guilty of a misdemeanor.
(B)Nothing in this subdivision shall prohibit the department from approving online programs for continuing education that do not meet the requirements of subparagraph (A) if the vendor demonstrates to the departments satisfaction that, through advanced technology, the course and the course delivery meet the requirements of this section.
(k)The department shall establish a registry for holders of certificates that shall include, at a minimum, information on employment status and criminal record clearance.
(l)Notwithstanding any law to the contrary, vendors approved by the department who exclusively provide either initial or continuing education courses for certification of administrators of a group home or short-term residential therapeutic program as defined by regulations of the department, an adult residential facility as defined by regulations of the department, or a residential care facility for the elderly as defined in subdivision (k) of Section 1569.2, shall be regulated solely by the department pursuant to this chapter. No other state or local governmental entity shall be responsible for regulating the activity of those vendors.
SEC. 2.Section 1529.2 of the Health and Safety Code is amended to read:1529.2.(a)It is the intent of the Legislature that all foster parents have the necessary knowledge, skills, and abilities to support the safety, permanency, and well-being of children in foster care. Initial and ongoing preparation and training of foster parents should support the foster parents role in parenting vulnerable children, youth, and young adults, including supporting the childrens connection with their families. Their training should be ongoing in order to provide foster parents with information on new practices and requirements and other helpful topics within the child welfare and probation systems and may be offered in a classroom setting, online, or individually.
(b)A licensed or certified foster parent shall complete a minimum of eight training hours annually, a portion of which shall be from one or more of the following topics, as prescribed by the department, pursuant to subdivision (a):
(1)Age-appropriate child and adolescent development.
(2)Health issues in foster care, including, but not limited to, the authorization, uses, risks, benefits, assistance with self-administration, oversight, and monitoring of psychotropic or other medications, and trauma, mental health, and substance use disorder treatments for children in foster care under the jurisdiction of the juvenile court, including how to access those treatments. Health issues in foster care, including, but not limited to, the authorization, uses, risks, benefits, assistance with self-administration, oversight, and monitoring of psychotropic or other medications, and trauma, mental health, and substance use disorder treatments for children in foster care under the jurisdiction of the juvenile court, including how to access those treatments, as the information is also described in subdivision (d) of Section 16501.4 of the Welfare and Institutions Code.
(3)Positive discipline and the importance of self-esteem.
(4)Preparation of children and youth for a successful transition to adulthood.
(5)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(6)Instruction on cultural competency and sensitivity and related best practices for providing adequate care for children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender.
(7)The information described in subdivision (i) of Section 16521.5 of the Welfare and Institutions Code. The program may use the curriculum created pursuant to subdivision (h) and described in subdivision (i) of Section 16521.5 of the Welfare and Institutions Code.
(c)In addition to any training required by this section, a foster parent may be required to receive specialized training, as relevant, for the purpose of preparing the foster parent to meet the needs of a particular child in care. This training may include, but is not limited to, the following:
(1)Understanding how to use best practices for providing care and supervision to commercially sexually exploited children.
(2)Understanding cultural needs of children, including, but not limited to, cultural competency and sensitivity and related best practices for providing adequate care to children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender.
(3)Understanding the requirements and best practices regarding psychotropic medications, including, but not limited to, court authorization, benefits, uses, side effects, interactions, assistance with self-administration, misuse, documentation, storage, and metabolic monitoring of children prescribed psychotropic medications.
(4)Understanding the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), its historical significance, the rights of children covered by the act, and the best interests of Indian children, including the role of the caregiver in supporting culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership and connection to the tribal community and traditions.
(5)Understanding how to use best practices for providing care and supervision to nonminor dependents.
(6)Understanding how to use best practices for providing care and supervision to children with special health care needs.
(d)No child shall be placed with a foster parent unless each foster parent in the home meets the requirements of this section.
(e)(1)Upon the request of the licensed or certified foster parent for a hardship waiver from the annual training requirement or a request for an extension of the deadline, the county may, at its option, on a case-by-case basis, waive the training requirement or extend any established deadline for a period not to exceed one year, if the training requirement presents a severe and unavoidable obstacle to continuing as a foster parent.
(2)Obstacles for which a county may grant a hardship waiver or extension are:
(A)Lack of access to training due to the cost or travel required or lack of child care to participate in the training, when online resources are not available.
(B)Family emergency.
(3)Before a waiver or extension may be granted, the licensed or certified foster parent should explore the opportunity of receiving training online or by video or written materials.
(f)(1)Foster parent training may be obtained through sources that include, but are not necessarily limited to, community colleges, counties, hospitals, foster parent associations, the California State Foster Parent Associations conference, online resources, adult schools, and certified foster parent instructors.
(2)In addition to the foster parent training provided by community colleges, foster family agencies shall provide a program of training for their certified foster families.
(g)(1)Training certificates shall be submitted to the appropriate licensing or foster family agency.
(2)Upon completion, a licensed or certified parent shall submit a certificate of completion for the annual training requirements.
(h)Nothing in this section shall preclude a county or a foster family agency from requiring foster parent training in excess of the requirements in this section.
(i)This section shall become operative on January 1, 2017.
(j)This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
SEC. 3.Section 304.7 of the Welfare and Institutions Code is amended to read:304.7.(a)The Judicial Council shall develop and implement standards for the education and training of all judges who conduct hearings pursuant to Section 300. The training shall include, but not be limited to, all of the following:
(1)A component relating to Section 300 proceedings for newly appointed or elected judges and an annual training session in Section 300 proceedings.
(2)Cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth.
(3)The information described in subdivision (d) of Section 16501.4.
(4)The information described in subdivision (i) of Section 16521.5.
(b)A commissioner or referee who is assigned to conduct hearings held pursuant to Section 300 shall meet the minimum standards for education and training established pursuant to subdivision (a), by July 31, 1998.
(c)The Judicial Council shall submit an annual report to the Legislature on compliance by judges, commissioners, and referees with the education and training standards described in subdivisions (a) and (b).
SEC. 4.Section 16206 of the Welfare and Institutions Code is amended to read:16206.(a)The purpose of the program is to develop and implement statewide coordinated training programs designed specifically to meet the needs of county child protective services social workers assigned emergency response, family maintenance, family reunification, permanent placement, and adoption responsibilities. It is the intent of the Legislature that the program include training for other agencies under contract with county welfare departments to provide child welfare services. In addition, the program shall provide training programs for persons defined as a mandated reporter pursuant to the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code). The program shall provide the services required in this section to the extent possible within the total allocation. If allocations are insufficient, the department, in consultation with the grantee or grantees and the Child Welfare Training Advisory Board, shall prioritize the efforts of the program, giving primary attention to the most urgently needed services. County child protective services social workers assigned emergency response responsibilities shall receive first priority for training pursuant to this section.
(b)The training program shall provide practice-relevant training for mandated child abuse reporters and all members of the child welfare delivery system that will address critical issues affecting the well-being of children, and shall develop curriculum materials and training resources for use in meeting staff development needs of mandated child abuse reporters and child welfare personnel in public and private agency settings.
(c)The training provided pursuant to this section shall include all of the following:
(1)Crisis intervention.
(2)Investigative techniques.
(3)Rules of evidence.
(4)Indicators of abuse and neglect.
(5)Assessment criteria, including the application of guidelines for assessment of relatives for placement according to the criteria described in Section 361.3.
(6)Intervention strategies.
(7)Legal requirements of child protection, including requirements of child abuse reporting laws.
(8)Case management.
(9)Use of community resources.
(10)Information regarding the dynamics and effects of domestic violence upon families and children, including indicators and dynamics of teen dating violence.
(11)Posttraumatic stress disorder and the causes, symptoms, and treatment of posttraumatic stress disorder in children.
(12)The importance of maintaining relationships with individuals who are important to a child in out-of-home placement, including methods to identify those individuals, consistent with the childs best interests, including, but not limited to, asking the child about individuals who are important, and ways to maintain and support those relationships.
(13)The legal duties of a child protective services social worker, in order to protect the legal rights and safety of children and families from the initial time of contact during investigation through treatment.
(14)The information described in subdivision (d) of Section 16501.4.
(15)The information described in subdivision (i) of Section 16521.5. The program may use the curriculum created pursuant to subdivision (h) and described in (i) of Section 16521.5.
(d)The training provided pursuant to this section may also include any or all of the following:
(1)Child development and parenting.
(2)Intake, interviewing, and initial assessment.
(3)Casework and treatment.
(4)Medical aspects of child abuse and neglect.
(e)The training program in each county shall assess the programs performance at least annually and forward it to the State Department of Social Services for an evaluation. The assessment shall include, at a minimum, all of the following:
(1)Workforce data, including education, qualifications, and demographics.
(2)The number of persons trained.
(3)The type of training provided.
(4)The degree to which the training is perceived by participants as useful in practice.
(5)Any additional information or data deemed necessary by the department for reporting, oversight, and monitoring purposes.
(f)The training program shall provide practice-relevant training to county child protective services social workers who screen referrals for child abuse or neglect and for all workers assigned to provide emergency response, family maintenance, family reunification, and permanent placement services. The training shall be developed in consultation with the Child Welfare Training Advisory Board and domestic violence victims advocates and other public and private agencies that provide programs for victims of domestic violence or programs of intervention for perpetrators.
SEC. 5.Section 16501.1 of the Welfare and Institutions Code is amended to read:16501.1.(a)(1)The Legislature finds and declares that the foundation and central unifying tool in child welfare services is the case plan.
(2)The Legislature further finds and declares that a case plan ensures that the child receives protection and safe and proper care and case management, and that services are provided to the child and parents or other caretakers, as appropriate, in order to improve conditions in the parents home, to facilitate the safe return of the child to a safe home or the permanent placement of the child, and to address the needs of the child while in foster care.
(3)The agency shall consider the recommendations of the child and family team, as defined in Section 16501, if any are available. The agency shall document the rationale for any inconsistencies between the case plan and the child and family team recommendations.
(b)(1)A case plan shall be based upon the principles of this section and the input from the child and family team.
(2)The case plan shall document that a preplacement assessment of the service needs of the child and family, and preplacement preventive services, have been provided, and that reasonable efforts to prevent out-of-home placement have been made. Preplacement services may include intensive mental health services in the home or a community setting and the reasonable efforts made to prevent out-of-home placement.
(3)In determining the reasonable services to be offered or provided, the childs health and safety shall be the paramount concerns.
(4)Upon a determination pursuant to paragraph (1) of subdivision (e) of Section 361.5 that reasonable services will be offered to a parent who is incarcerated in a county jail or state prison, detained by the United States Department of Homeland Security, or deported to his or her country of origin, the case plan shall include information, to the extent possible, about a parents incarceration in a county jail or the state prison, detention by the United States Department of Homeland Security, or deportation during the time that a minor child of that parent is involved in dependency care.
(5)Reasonable services shall be offered or provided to make it possible for a child to return to a safe home environment, unless, pursuant to subdivisions (b) and (e) of Section 361.5, the court determines that reunification services shall not be provided.
(6)If reasonable services are not ordered, or are terminated, reasonable efforts shall be made to place the child in a timely manner in accordance with the permanent plan and to complete all steps necessary to finalize the permanent placement of the child.
(c)If out-of-home placement is used to attain case plan goals, the case plan shall consider the recommendations of the child and family team.
(d)(1)The case plan shall include a description of the type of home or institution in which the child is to be placed, and the reasons for that placement decision. The decision regarding choice of placement shall be based upon selection of a safe setting that is the least restrictive family setting that promotes normal childhood experiences and the most appropriate setting that meets the childs individual needs and is available, in proximity to the parents home, in proximity to the childs school, and consistent with the selection of the environment best suited to meet the childs special needs and best interests. The selection shall consider, in order of priority, placement with relatives, nonrelated extended family members, and tribal members; foster family homes, resource families, and nontreatment certified homes of foster family agencies; followed by treatment and intensive treatment certified homes of foster family agencies; or multidimensional treatment foster care homes or therapeutic foster care homes; group care placements in the order of short-term residential therapeutic programs, group homes, community treatment facilities, and out-of-state residential treatment pursuant to Part 5 (commencing with Section 7900) of Division 12 of the Family Code.
(2)If a short-term residential therapeutic program placement is selected for a child, the case plan shall indicate the needs of the child that necessitate this placement, the plan for transitioning the child to a less restrictive environment, and the projected timeline by which the child will be transitioned to a less restrictive environment. This section of the case plan shall be reviewed and updated at least semiannually.
(A)The case plan for placements in a group home, or commencing January 1, 2017, in a short-term residential therapeutic program, shall indicate that the county has taken into consideration Section 16010.8.
(B)After January 1, 2017, a child and family team meeting as described in Section 16501 shall be convened by the county placing agency for the purpose of identifying the supports and services needed to achieve permanency and enable the child or youth to be placed in the least restrictive family setting that promotes normal childhood experiences.
(3)On or after January 1, 2012, for a nonminor dependent, as defined in subdivision (v) of Section 11400, who is receiving AFDC-FC benefits and who is up to 21 years of age pursuant to Section 11403, in addition to the above requirements, the selection of the placement, including a supervised independent living placement, as described in subdivision (w) of Section 11400, shall also be based upon the developmental needs of young adults by providing opportunities to have incremental responsibilities that prepare a nonminor dependent to transition to successful adulthood. If admission to, or continuation in, a group home or short-term residential therapeutic program placement is being considered for a nonminor dependent, the group home or short-term residential therapeutic program placement approval decision shall include a youth-driven, team-based case planning process, as defined by the department, in consultation with stakeholders. The case plan shall consider the full range of placement options, and shall specify why admission to, or continuation in, a group home placement is the best alternative available at the time to meet the special needs or well-being of the nonminor dependent, and how the placement will contribute to the nonminor dependents transition to successful adulthood. The case plan shall specify the treatment strategies that will be used to prepare the nonminor dependent for discharge to a less restrictive family setting that promotes normal childhood experiences, including a target date for discharge from the group home placement. The placement shall be reviewed and updated on a regular, periodic basis to ensure that continuation in the group home placement remains in the best interests of the nonminor dependent and that progress is being made in achieving case plan goals leading to successful adulthood. The group home placement planning process shall begin as soon as it becomes clear to the county welfare department or probation office that a foster child in group home placement is likely to remain in group home placement on his or her 18th birthday, in order to expedite the transition to a less restrictive family setting that promotes normal childhood experiences, if he or she becomes a nonminor dependent. The case planning process shall include informing the youth of all of his or her options, including, but not limited to, admission to or continuation in a group home placement. Consideration for continuation of existing group home placement for a nonminor dependent under 19 years of age may include the need to stay in the same placement in order to complete high school. After a nonminor dependent either completes high school or attains his or her 19th birthday, whichever is earlier, continuation in or admission to a group home placement is prohibited unless the nonminor dependent satisfies the conditions of paragraph (5) of subdivision (b) of Section 11403, and group home placement functions as a short-term transition to the appropriate system of care. Treatment services provided by the group home placement to the nonminor dependent to alleviate or ameliorate the medical condition, as described in paragraph (5) of subdivision (b) of Section 11403, shall not constitute the sole basis to disqualify a nonminor dependent from the group home placement.
(4)In addition to the requirements of paragraphs (1) to (3), inclusive, and taking into account other statutory considerations regarding placement, the selection of the most appropriate home that will meet the childs special needs and best interests shall also promote educational stability by taking into consideration proximity to the childs school of origin, and school attendance area, the number of school transfers the child has previously experienced, and the childs school matriculation schedule, in addition to other indicators of educational stability that the Legislature hereby encourages the State Department of Social Services and the State Department of Education to develop.
(e)A written case plan shall be completed within a maximum of 60 days of the initial removal of the child or of the in-person response required under subdivision (f) of Section 16501 if the child has not been removed from his or her home, or by the date of the dispositional hearing pursuant to Section 358, whichever occurs first. The case plan shall be updated, as the service needs of the child and family dictate. At a minimum, the case plan shall be updated in conjunction with each status review hearing conducted pursuant to Sections 364, 366, 366.3, and 366.31, and the hearing conducted pursuant to Section 366.26, but no less frequently than once every six months. Each updated case plan shall include a description of the services that have been provided to the child under the plan and an evaluation of the appropriateness and effectiveness of those services.
(1)It is the intent of the Legislature that extending the maximum time available for preparing a written case plan from 30 to 60 days will afford caseworkers time to actively engage families, and to solicit and integrate into the case plan the input of the child and the childs family, as well as the input of relatives and other interested parties.
(2)The extension of the maximum time available for preparing a written case plan from 30 to 60 days shall be effective 90 days after the date that the department gives counties written notice that necessary changes have been made to the Child Welfare Services/Case Management System (CWS/CMS) to account for the 60-day timeframe for preparing a written case plan.
(f)The child welfare services case plan shall be comprehensive enough to meet the juvenile court dependency proceedings requirements pursuant to Article 6 (commencing with Section 300) of Chapter 2 of Part 1 of Division 2.
(g)The case plan shall be developed considering the recommendations of the child and family team, as follows:
(1)The case plan shall be based upon an assessment of the circumstances that required child welfare services intervention. The child shall be involved in developing the case plan as age and developmentally appropriate.
(2)The case plan shall identify specific goals and the appropriateness of the planned services in meeting those goals.
(3)The case plan shall identify the original allegations of abuse or neglect, as defined in Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the conditions cited as the basis for declaring the child a dependent of the court pursuant to Section 300, or all of these, and the other precipitating incidents that led to child welfare services intervention.
(4)The case plan shall include a description of the schedule of the placement agency contacts with the child and the family or other caretakers. The frequency of these contacts shall be in accordance with regulations adopted by the State Department of Social Services. If the child has been placed in foster care out of state, the county social worker or probation officer, or a social worker or probation officer on the staff of the agency in the state in which the child has been placed, shall visit the child in a foster family home or the home of a relative, consistent with federal law and in accordance with the departments approved state plan. For children in out-of-state group home facilities, visits shall be conducted at least monthly, pursuant to Section 16516.5. At least once every six months, at the time of a regularly scheduled placement agency contact with the foster child, and at each placement change, the childs social worker or probation officer shall inform the child, the care provider, and the child and family team, if applicable, of the childs rights as a foster child, as specified in Section 16001.9, and shall provide a written copy of the rights to the child as part of the explanation. The social worker or probation officer shall provide the information to the child in a manner appropriate to the age or developmental level of the child. The social worker or probation officer shall document in the case plan that he or she has informed the child of, and has provided the child with a written copy of, his or her rights.
(5)(A)When out-of-home services are used, the frequency of contact between the natural parents or legal guardians and the child shall be specified in the case plan. The frequency of those contacts shall reflect overall case goals, and consider other principles outlined in this section.
(B)Information regarding any court-ordered visitation between the child and the natural parents or legal guardians, and the terms and conditions needed to facilitate the visits while protecting the safety of the child, shall be provided to the childs out-of-home caregiver as soon as possible after the court order is made.
(6)When out-of-home placement is made, the case plan shall include provisions for the development and maintenance of sibling relationships as specified in subdivisions (b), (c), and (d) of Section 16002. If appropriate, when siblings who are dependents of the juvenile court are not placed together, the social worker for each child, if different, shall communicate with each of the other social workers and ensure that the childs siblings are informed of significant life events that occur within their extended family. Unless it has been determined that it is inappropriate in a particular case to keep siblings informed of significant life events that occur within the extended family, the social worker shall determine the appropriate means and setting for disclosure of this information to the child commensurate with the childs age and emotional well-being. These significant life events shall include, but shall not be limited to, the following:
(A)The death of an immediate relative.
(B)The birth of a sibling.
(C)Significant changes regarding a dependent child, unless the child objects to the sharing of the information with his or her siblings, including changes in placement, major medical or mental health diagnoses, treatments, or hospitalizations, arrests, and changes in the permanent plan.
(7)If out-of-home placement is made in a foster family home, group home, or other child care institution that is either a substantial distance from the home of the childs parent or out of state, the case plan shall specify the reasons why that placement is in the best interest of the child. When an out-of-state group home placement is recommended or made, the case plan shall, in addition, specify compliance with Section 7911.1 of the Family Code.
(8)A case plan shall ensure the educational stability of the child while in foster care and shall include both of the following:
(A)An assurance that the placement takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement.
(B)An assurance that the placement agency has coordinated with the person holding the right to make educational decisions for the child and appropriate local educational agencies to ensure that the child remains in the school in which the child is enrolled at the time of placement or, if remaining in that school is not in the best interests of the child, assurances by the placement agency and the local educational agency to provide immediate and appropriate enrollment in a new school and to provide all of the childs educational records to the new school.
(9)(A)If out-of-home services are used, or if parental rights have been terminated and the case plan is placement for adoption, the case plan shall include a recommendation regarding the appropriateness of unsupervised visitation between the child and any of the childs siblings. This recommendation shall include a statement regarding the childs and the siblings willingness to participate in unsupervised visitation. If the case plan includes a recommendation for unsupervised sibling visitation, the plan shall also note that information necessary to accomplish this visitation has been provided to the child or to the childs siblings.
(B)Information regarding the schedule and frequency of the visits between the child and siblings, as well as any court-ordered terms and conditions needed to facilitate the visits while protecting the safety of the child, shall be provided to the childs out-of-home caregiver as soon as possible after the court order is made.
(10)If out-of-home services are used and the goal is reunification, the case plan shall describe the services to be provided to assist in reunification and the services to be provided concurrently to achieve legal permanency if efforts to reunify fail. The plan shall also consider in-state and out-of-state placements, the importance of developing and maintaining sibling relationships pursuant to Section 16002, and the desire and willingness of the caregiver to provide legal permanency for the child if reunification is unsuccessful.
(11)If out-of-home services are used, the child has been in care for at least 12 months, and the goal is not adoptive placement, the case plan shall include documentation of the compelling reason or reasons why termination of parental rights is not in the childs best interest. A determination completed or updated within the past 12 months by the department when it is acting as an adoption agency or by a licensed adoption agency that it is unlikely that the child will be adopted, or that one of the conditions described in paragraph (1) of subdivision (c) of Section 366.26 applies, shall be deemed a compelling reason.
(12)(A)Parents and legal guardians shall have an opportunity to review the case plan, and to sign it whenever possible, and then shall receive a copy of the plan. In a voluntary service or placement agreement, the parents or legal guardians shall be required to review and sign the case plan. Whenever possible, parents and legal guardians shall participate in the development of the case plan. Commencing January 1, 2012, for nonminor dependents, as defined in subdivision (v) of Section 11400, who are receiving AFDC-FC or CalWORKs assistance and who are up to 21 years of age pursuant to Section 11403, the transitional independent living case plan, as set forth in subdivision (y) of Section 11400, shall be developed with, and signed by, the nonminor.
(B)Parents and legal guardians shall be advised that, pursuant to Section 1228.1 of the Evidence Code, neither their signature on the child welfare services case plan nor their acceptance of any services prescribed in the child welfare services case plan shall constitute an admission of guilt or be used as evidence against the parent or legal guardian in a court of law. However, they shall also be advised that the parents or guardians failure to cooperate, except for good cause, in the provision of services specified in the child welfare services case plan may be used in any hearing held pursuant to Section 366.21, 366.22, or 366.25 of this code as evidence.
(13)A child shall be given a meaningful opportunity to participate in the development of the case plan and state his or her preference for foster care placement. A child who is 12 years of age or older and in a permanent placement shall also be given the opportunity to review the case plan, sign the case plan, and receive a copy of the case plan.
(14)The case plan shall be included in the court report and shall be considered by the court at the initial hearing and each review hearing. Modifications to the case plan made during the period between review hearings need not be approved by the court if the casework supervisor for that case determines that the modifications further the goals of the plan. If out-of-home services are used with the goal of family reunification, the case plan shall consider and describe the application of subdivision (b) of Section 11203.
(15)(A)If the case plan has as its goal for the child a permanent plan of adoption or legal guardianship, it shall include a statement of the childs wishes regarding their permanent placement plan and an assessment of those stated wishes. The agency shall also include documentation of the steps the agency is taking to find an adoptive family or other permanent living arrangements for the child; to place the child with an adoptive family, an appropriate and willing relative, or a legal guardian, and to finalize the adoption or legal guardianship. At a minimum, the documentation shall include child-specific recruitment efforts, such as the use of state, regional, and national adoption exchanges, including electronic exchange systems, when the child has been freed for adoption. Regardless of whether the child has been freed for adoption, documentation shall include a description of any barriers to achieving legal permanence and the steps the agency will take to address those barriers. If the plan is for kinship guardianship, the case plan shall document how the child meets the kinship guardianship eligibility requirements.
(B)When the child is 16 years of age or older and is in another planned permanent living arrangement, the case plan shall identify the intensive and ongoing efforts to return the child to the home of the parent, place the child for adoption, place the child for tribal customary adoption in the case of an Indian child, establish a legal guardianship, or place the child nonminor dependent with a fit and willing relative, as appropriate. Efforts shall include the use of technology, including social media, to find biological family members of the child.
(16)(A)(i)For a child who is 14 or 15 years of age, the case plan shall include a written description of the programs and services that will help the child, consistent with the childs best interests, to prepare for the transition from foster care to successful adulthood. The description may be included in the document described in subparagraph (A) of paragraph (18).
(ii)When appropriate, for a child who is 16 years of age or older and, commencing January 1, 2012, for a nonminor dependent, the case plan shall include the transitional independent living plan (TILP), a written description of the programs and services that will help the child, consistent with the childs best interests, to prepare for the transition from foster care to successful adulthood, and, in addition, whether the youth has an in-progress application pending for Title XVI Supplemental Security Income benefits or for special immigrant juvenile status or other applicable application for legal residency and an active dependency case is required for that application. When appropriate, for a nonminor dependent, the transitional independent living case plan, as described in subdivision (v) of Section 11400, shall include the TILP, a written description of the programs and services that will help the nonminor dependent, consistent with his or her best interests, to prepare for transition from foster care and assist the youth in meeting the eligibility criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403. If applicable, the case plan shall describe the individualized supervision provided in the supervised independent living placement as defined in subdivision (w) of Section 11400. The case plan shall be developed with the child or nonminor dependent and individuals identified as important to the child or nonminor dependent, and shall include steps the agency is taking to ensure that the child or nonminor dependent achieves permanence, including maintaining or obtaining permanent connections to caring and committed adults.
(B)During the 90-day period prior to the participant attaining 18 years of age or older as the state may elect under Section 475(8)(B)(iii) of the federal Social Security Act (42 U.S.C. Sec. 675(8)(B)(iii)), whether during that period foster care maintenance payments are being made on the childs behalf or the child is receiving benefits or services under Section 477 of the federal Social Security Act (42 U.S.C. Sec. 677), a caseworker or other appropriate agency staff or probation officer and other representatives of the participant, as appropriate, shall provide the youth or nonminor dependent with assistance and support in developing the written 90-day transition plan, that is personalized at the direction of the child, information as detailed as the participant elects that shall include, but not be limited to, options regarding housing, health insurance, education, local opportunities for mentors and continuing support services, and workforce supports and employment services, a power of attorney for health care, and information regarding the advance health care directive form. Information provided regarding health insurance options shall include verification that the eligible youth or nonminor is enrolled in Medi-Cal and a description of the steps that have been or will be taken by the youths social worker or probation officer to ensure that the eligible youth or nonminor is transitioned into the Medi-Cal program for former foster youth upon case closure with no interruption in coverage and with no new application being required, as provided in Section 14005.28.
(C)For youth 14 years of age or older, the case plan shall include documentation that a consumer credit report was requested annually from each of the three major credit reporting agencies at no charge to the youth and that any results were provided to the youth. For nonminor dependents, the case plan shall include documentation that the county assisted the nonminor dependent in obtaining his or her reports. The case plan shall include documentation of barriers, if any, to obtaining the credit reports. If the consumer credit report reveals any accounts, the case plan shall detail how the county ensured the youth received assistance with interpreting the credit report and resolving any inaccuracies, including any referrals made for the assistance.
(17)For youth 14 years of age or older and nonminor dependents, the case plan shall be developed in consultation with the youth. At the youths option, the consultation may include up to two members of the case planning team who are chosen by the youth and who are not foster parents of, or caseworkers for, the youth. The agency, at any time, may reject an individual selected by the youth to be a member of the case planning team if the agency has good cause to believe that the individual would not act in the youths best interest. One individual selected by the youth to be a member of the case planning team may be designated to be the youths adviser and advocate with respect to the application of the reasonable and prudent parent standard to the youth, as necessary.
(18)For youth in foster care 14 years of age and older and nonminor dependents, the case plan shall include both of the following:
(A)A document that describes the youths rights with respect to education, health, visitation, and court participation, the right to be annually provided with copies of his or her credit reports at no cost while in foster care pursuant to Section 10618.6, and the right to stay safe and avoid exploitation.
(B)A signed acknowledgment by the youth that he or she has been provided a copy of the document and that the rights described in the document have been explained to the youth in an age-appropriate manner.
(19)The case plan for a child or nonminor dependent who is, or who is at risk of becoming, the victim of commercial sexual exploitation, shall document the services provided to address that issue.
(20)For youth in foster care 10 years of age and older and nonminor dependents, the case plan shall include documentation that at least once before 12 years of age, at least once between 12 and 14 years of age, at least two times between 15 and 18 years of age, and at least once between 19 and 21 years of age, the youth has received comprehensive sexual health education that meets the requirements established in Chapter 5.6 (commencing with Section 51930) of Part 28 of Division 4 of Title 2 of the Education Code. If the youth or nonminor dependent has not received this instruction through school, the case plan shall document how the county will ensure that the youth receives education through an alternative source that meets the standards established in Chapter 5.6 (commencing with Section 51930) of Part 28 of Division 4 of Title 2 of the Education Code.(20)For youth in foster care 10 years of age and older and for nonminor dependents who are enrolled in high school, the case plan shall be updated yearly to indicate that the case management worker has verified that the youth received comprehensive sexual health education during the previous year that meets the requirements established in Chapter 5.6 (commencing with Section 51930) of Part 28 of Division 4 of Title 2 of the Education Code through the school system. If the youth did not receive this instruction during the previous year, the case plan shall document either of the following:
(A)For a youth in junior high or middle school, either that the youth has already received this instruction during junior high or middle school, or how the county will ensure that the youth receives the instruction at least once before completing junior high or middle school if the youth remains under the jurisdiction of the dependency court during this time frame.
(B)For a youth or a nonminor dependent in high school, either that the youth or nonminor dependent has already received this instruction during high school, or how the county will ensure that the youth or nonminor dependent receives the instruction at least once before completing high school if the youth remains under the jurisdiction of the dependency court during this timeframe.
(21)(A)For youth in foster care 10 years of age and older and nonminor dependents, the case plan shall be updated yearly to document indicate that the case manag ement management worker has done all of the following:
(A)(i)Informed the youth or nonminor dependent that he or she may access age-appropriate, medically accurate information about reproductive and sexual health care, including, but not limited to, unplanned pregnancy prevention, abstinence, use of birth control, and the prevention and treatment of sexually transmitted infections.
(B)(ii)Informed the youth or nonminor dependent, in an age- and developmentally appropriate manner, of his or her rights to consent to sexual and reproductive health services and his or her confidentiality rights regarding those services.
(C)(iii)Informed the youth or nonminor dependent how to access reproductive and sexual health care services and facilitated access to that care, including by assisting with any identified barriers to care, as needed.
(B)This paragraph shall not be construed to affect applicable confidentiality laws.
(h)If the court finds, after considering the case plan, that unsupervised sibling visitation is appropriate and has been consented to, the court shall order that the child or the childs siblings, the childs current caregiver, and the childs prospective adoptive parents, if applicable, be provided with information necessary to accomplish this visitation. This section does not require or prohibit the social workers facilitation, transportation, or supervision of visits between the child and his or her siblings.
(i)The case plan documentation on sibling placements required under this section shall not require modification of existing case plan forms until the Child Welfare Services/Case Management System (CWS/CMS) is implemented on a statewide basis.
(j)When a child is 10 years of age or older and has been in out-of-home placement for six months or longer, the case plan shall include an identification of individuals, other than the childs siblings, who are important to the child and actions necessary to maintain the childs relationship with those individuals, provided that those relationships are in the best interest of the child. The social worker or probation officer shall ask every child who is 10 years of age or older and who has been in out-of-home placement for six months or longer to identify individuals other than the childs siblings who are important to the child, and may ask any other child to provide that information, or may seek that information from the child and family team, as appropriate. The social worker or probation officer shall make efforts to identify other individuals who are important to the child, consistent with the childs best interests.
(k)The childs caregiver shall be provided a copy of a plan outlining the childs needs and services. The nonminor dependents caregiver shall be provided with a copy of the nonminors TILP.
(l)Each county shall ensure that the total number of visits made by caseworkers on a monthly basis to children in foster care during a federal fiscal year is not less than 95 percent of the total number of those visits that would occur if each child were visited once every month while in care and that the majority of the visits occur in the residence of the child. The county child welfare and probation departments shall comply with data reporting requirements that the department deems necessary to comply with the federal Child and Family Services Improvement Act of 2006 (Public Law 109-288) and the federal Child and Family Services Improvement and Innovation Act (Public Law 112-34).
(m)The implementation and operation of the amendments to subdivision (i) enacted at the 200506 Regular Session shall be subject to appropriation through the budget process and by phase, as provided in Section 366.35.
SEC. 6.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)(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) 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) 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). 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)(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) 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).
(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).
(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)(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)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)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) 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). To the extent that adequate resources are available, complaints shall be investigated by a worker who did not initially conduct the home environment or psychosocial assessments.
(C)Upon conclusion of the complaint investigation, the final disposition shall be reviewed and approved by a supervising staff member.
(D)The department shall be notified of any serious incidents or serious complaints or any incident that falls within the definition of Section 11165.5 of the Penal Code. If those incidents or complaints result in an investigation, the department shall also be notified as to the status and disposition of that investigation.
(9)Performing corrective action as required by the department.
(10)Assessing county performance in related areas of the California Child and Family Services Review System, and remedying problems identified.
(11)Submitting information and data that the department determines is necessary to study, monitor, and prepare the report specified in paragraph (6) of subdivision (f).
(12)Ensuring resource family applicants and resource families have the necessary knowledge, skills, and abilities to support children in foster care by completing caregiver training. The training should include a curriculum that supports the role of a resource family in parenting vulnerable children and should be ongoing in order to provide resource families with information on trauma-informed practices and requirements and other topics within the foster care system.
(13)Ensuring that a resource family applicant completes a minimum of 12 hours of preapproval caregiver training. The training shall include, but not be limited to, all of the following courses:
(A)An overview of the child protective and probation systems.
(B)The effects of trauma, including grief and loss, and child abuse and neglect, on child development and behavior, and methods to behaviorally support children impacted by that trauma or child abuse and neglect.
(C)Positive discipline and the importance of self-esteem.
(D)Health issues in foster care.
(E)Accessing services and supports to address education needs, physical, mental, and behavioral health, and substance use disorders, including culturally relevant services.
(F)The rights of a child in foster care, and the resource 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 former Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(I)Permanence, well-being, and education needs of children.
(J)Child and adolescent development, including sexual orientation, gender identity, and expression.
(K)The role of resource families, including working cooperatively with the child welfare or probation agency, the childs family, and other service providers implementing the case plan.
(L)The role of a resource family on the child and family team as defined in paragraph (4) of subdivision (a) of Section 16501.
(M)A resource familys responsibility to act as a reasonable and prudent parent, 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).
(O)The information described in subdivision (i) of Section 16521.5. The program may use the curriculum created pursuant to subdivision (h) and described in subdivision (i) of Section 16521.5.
(14)Ensuring approved resource families complete a minimum of eight hours of caregiver training annually, a portion of which shall be from subparagraph (M) of paragraph (13) and from one or more of the other topics listed in paragraph (13).
(h)In addition to any training required by this section, a county may require a resource family or applicant to receive relevant specialized training for the purpose of preparing the resource family to meet the needs of a particular child in care. This training may include, but is not limited to, the following:
(1)Understanding how to use best practices for providing care and supervision to commercially sexually exploited children.
(2)Understanding how to use best practices for providing care and supervision to lesbian, gay, bisexual, and transgender children.
(3)Understanding the requirements and best practices regarding psychotropic medications, including, but not limited to, court authorization, benefits, uses, side effects, interactions, assistance with self-administration, misuse, documentation, storage, and metabolic monitoring of children prescribed psychotropic medications.
(4)Understanding the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), its historical significance, the rights of children covered by the act, and the best interests of Indian children, including the role of the caregiver in supporting culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership and connection to the tribal community and traditions.
(5)Understanding how to use best practices for providing care and supervision to nonminor dependents.
(6)Understanding how to use best practices for providing care and supervision to children with special health care needs.
(7)Understanding the different permanency options and the services and benefits associated with the options.
(i)Nothing in this section shall preclude a county from requiring training in excess of the requirements in this section.
(j)(1)Resource families who move home locations shall retain their resource family status pending the outcome of the update conducted pursuant to paragraph (6) of subdivision (g).
(2)(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 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)Implementation of the program shall be contingent upon the continued availability of federal Social Security Act Title IV-E (42 U.S.C. Sec. 670) funds for costs associated with placement of children with resource families assessed and approved under the program.
(l)A child placed with a resource family 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)Sharing ratios for nonfederal expenditures for all costs associated with activities related to the approval of relatives and nonrelative extended family members shall be in accordance with Section 10101.
(n)The Department of Justice shall charge fees sufficient to cover the cost of initial or subsequent criminal offender record information and Child Abuse Central Index searches, processing, or responses, as specified in this section.
(o)Except as provided, approved resource families shall be exempt from both of the following:
(1)Licensure requirements set forth under the Community Care Facilities Act, commencing with Section 1500 of the Health and Safety Code, and all regulations promulgated thereto.
(2)Relative and nonrelative extended family member approval requirements set forth under Sections 309, 361.4, and 362.7, and all regulations promulgated thereto.
(p)(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)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)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)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)A resource family approved pursuant to this section shall forfeit its approval concurrent with resource family approval by a foster family agency.
SEC. 7.Section 16521.5 of the Welfare and Institutions Code is amended to read:16521.5.(a)A foster care provider, in consultation with the county case manager, shall be responsible for ensuring that adolescents, including nonminor dependents, as described in subdivision (v) of Section 11400, who remain in long-term foster care, as defined by the department, receive age-appropriate pregnancy prevention information to the extent state and county resources are provided.
(b)A foster care provider, in consultation with the county case manager, shall be responsible for ensuring that a foster youth or nonminor dependent is provided with appropriate referrals to health services when the foster youth either reaches 18 years of age or the nonminor dependent exits foster care, and to the extent county and state resources are provided.
(c)As part of the home study process, the prospective foster care provider shall notify the county if he or she objects to participating in adolescent pregnancy prevention training or the dissemination of information pursuant to subdivisions (a) and (b). A licensed foster care provider shall notify the county if he or she objects to participation. If the provider objects, the county case manager shall assume this responsibility.
(d)Subdivisions (a), (b), and (c) shall not take effect until the department, in consultation with the workgroup, develops guidelines that describe the duties and responsibilities of foster care providers and county case managers in delivering pregnancy prevention services and information.
(e)(1)The department, in consultation with the State Department of Health Services, shall convene a working group for the purpose of developing a pregnancy prevention plan that will effectively address the needs of adolescent male and female foster youth. The workgroup shall meet not more than three times and thereafter shall provide consultation to the department upon request.
(2)The working group shall include representatives from the California Youth Connection, the California State Foster Parents Association, group home provider associations, the County Welfare Directors Association, providers of teen pregnancy prevention programs, a foster care case worker, an expert in pregnancy prevention curricula, a representative of the Independent Living Program, and an adolescent health professional.
(f)The plan required pursuant to subdivision (e) shall include, but not be limited to, all of the following:
(1)Effective strategies and programs for preteen and older teen foster youth and nonminor dependents.
(2)The role of foster care and group home care providers.
(3)The role of the assigned case management worker.
(4)How to involve foster youth and nonminor peers.
(5)Selecting and providing appropriate materials to educate foster youth and nonminors in family life education.
(6)The training of foster care and group home care providers and, when necessary, county case managers in adolescent pregnancy prevention.
(g)Counties currently mandating foster care provider training shall be encouraged to include the pregnancy prevention curricula guidelines and educational materials that may be developed by the workgroup pursuant to subdivision (f).
(h)In order to train case management workers and foster care providers, the department shall develop a curriculum that is consistent with, and in addition to, the pregnancy prevention plan and the curricula guidelines and educational materials developed by the workgroup pursuant to subdivisions (e) and (f).
(i)The curriculum created pursuant to subdivision (h) shall include, but not be limited to, all of the following:
(1)The rights of youth and nonminor dependents in foster care to sexual and reproductive health care and information, to confidentiality of sensitive health information, and the reasonable prudent parent standard.
(2)How to document sensitive health information, including, but not limited to, sexual and reproductive health issues, in a case plan.
(3)The duties and responsibilities of the assigned case management worker and the foster care provider in ensuring youth and nonminor dependents in foster care can obtain sexual and reproductive health services and information.
(4)Guidance about how to engage and talk with youth and nonminor dependents about healthy sexual development and reproductive and sexual health in a manner that is medically accurate, developmentally and age-appropriate, trauma-informed, and strengths based.
(5)Information about current contraception methods and how to select and provide appropriate referral resources and materials for information and service delivery.
(j)The department shall adopt regulations to implement this section.
SEC. 8.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)(1)The department, in consultation and collaboration with county placement officials, group home provider organizations, the Director of Health Care Services, and the Director of Developmental Services, shall develop and establish an administrator certification training program to ensure that administrators of group home facilities have appropriate training to provide the care and services for which a license or certificate is issued.
(2)The department shall develop and establish an administrator certification training program to ensure that administrators of short-term residential therapeutic program facilities have appropriate training to provide the care and services for which a license or certificate is issued.
(b)(1)In addition to any other requirements or qualifications required by the department, an administrator of a group home or short-term residential therapeutic program shall successfully complete a specified department-approved training certification program, pursuant to subdivision (c), prior to employment.
(2)In those cases when the individual is both the licensee and the administrator of a facility, the individual shall comply with all of the licensee and administrator requirements of this section.
(3)Failure to comply with this section shall constitute cause for revocation of the license of the facility.
(4)The licensee shall notify the department within 10 days of any change in administrators.
(c)(1)The administrator certification programs for group homes shall require a minimum of 40 hours of classroom instruction that provides training on a uniform core of knowledge in each of the following areas:
(A)Laws, regulations, and policies and procedural standards that impact the operations of the type of facility for which the applicant will be an administrator.
(B)Business operations.
(C)Management and supervision of staff.
(D)Psychosocial and educational needs of the facility residents, including, but not limited to, the information described in subdivision (d) of Section 16501.4 of the Welfare and Institutions Code.
(E)Community and support services.
(F)Physical needs of facility residents.
(G)Assistance with self-administration, storage, misuse, and interaction of medication used by facility residents.
(H)Resident admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(I)Instruction on cultural competency and sensitivity and related best practices for providing adequate care for children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender.
(J)Nonviolent emergency intervention and reporting requirements.
(K)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(L)The information described in subdivision (h) (i) of Section 16521.5 of the Welfare and Institutions Code. The program may use the curriculum created pursuant to subdivision (h) and described in subdivision (i) of Section 16521.5 of the Welfare and Institutions Code.
(2)The administrator certification programs for short-term residential therapeutic programs shall require a minimum of 40 hours of classroom instruction that provides training on a uniform core of knowledge in each of the following areas:
(A)Laws, regulations, and policies and procedural standards that impact the operations of the type of facility for which the applicant will be an administrator.
(B)Business operations and management and supervision of staff, including staff training.
(C)Physical and psychosocial needs of the children, including behavior management, deescalation techniques, and trauma informed crisis management planning.
(D)Permanence, well-being, and educational needs of the children.
(E)Community and support services, including accessing local behavioral and mental health supports and interventions, substance use disorder treatments, and culturally relevant services, as appropriate.
(F)Understanding the requirements and best practices regarding psychotropic medications, including, but not limited to, court authorization, uses, benefits, side effects, interactions, assistance with self-administration, misuse, documentation, storage, and metabolic monitoring of children prescribed psychotropic medications.
(G)Admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(H)The federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), its historical significance, the rights of children covered by the act, and the best interests of Indian children as including culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership, and connection to the tribal community and traditions.
(I)Instruction on cultural competency and sensitivity and related best practices for providing adequate care for children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender.
(J)Nonviolent emergency intervention and reporting requirements.
(K)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(L)The information described in subdivision (h) (i) of Section 16521.5 of the Welfare and Institutions Code. The program may use the curriculum created pursuant to subdivision (h) and described in subdivision (i) of Section 16521.5 of the Welfare and Institutions Code.
(d)Administrators who possess a valid group home license, issued by the department, are exempt from completing an approved initial certification training program and taking a written test, provided the individual completes 12 hours of classroom instruction in the following uniform core of knowledge areas:
(1)Laws, regulations, and policies and procedural standards that impact the operations of a short-term residential therapeutic program.
(2)(A)Authorization, uses, benefits, side effects, interactions, assistance with self-administration, misuse, documentation, and storage of medications.
(B)Metabolic monitoring of children prescribed psychotropic medications.
(3)Admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(4)The federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), its historical significance, the rights of children covered by the act, and the best interests of Indian children as including culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership, and connection to the tribal community and traditions.
(5)Instruction on cultural competency and sensitivity and related best practices for providing adequate care for children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender.
(6)Physical and psychosocial needs of children, including behavior management, deescalation techniques, and trauma informed crisis management planning.
(e)Individuals applying for administrator certification under this section shall successfully complete an approved administrator certification training program, pass a written test administered by the department within 60 days of completing the program, and submit to the department the documentation required by subdivision (f) within 30 days after being notified of having passed the test. The department may extend these time deadlines for good cause. The department shall notify the applicant of his or her test results within 30 days of administering the test.
(f)The department shall not begin the process of issuing a certificate until receipt of all of the following:
(1)A certificate of completion of the administrator training required pursuant to this chapter.
(2)The fee required for issuance of the certificate. A fee of one hundred dollars ($100) shall be charged by the department to cover the costs of processing the application for certification.
(3)Documentation from the applicant that he or she has passed the written test.
(4)Submission of fingerprints pursuant to Section 1522. The department may waive the submission for those persons who have a current clearance on file.
(5)That person is at least 21 years of age.
(g)It shall be unlawful for any person not certified under this section to hold himself or herself out as a certified administrator of a group home or short-term residential therapeutic program. Any person willfully making any false representation as being a certified administrator or facility manager is guilty of a misdemeanor.
(h)(1)Certificates issued under this section shall be renewed every two years and renewal shall be conditional upon the certificate holder submitting documentation of completion of 40 hours of continuing education related to the core of knowledge specified in subdivision (c). No more than one-half of the required 40 hours of continuing education necessary to renew the certificate may be satisfied through online courses. All other continuing education hours shall be completed in a classroom setting. For purposes of this section, an individual who is a group home or short-term residential therapeutic program administrator and who is required to complete the continuing education hours required by the regulations of the State Department of Developmental Services, and approved by the regional center, may have up to 24 of the required continuing education course hours credited toward the 40-hour continuing education requirement of this section. The department shall accept for certification, community college course hours approved by the regional centers.
(2)Every administrator of a group home or short-term residential therapeutic program shall complete the continuing education requirements of this subdivision.
(3)Certificates issued under this section shall expire every two years on the anniversary date of the initial issuance of the certificate, except that any administrator receiving his or her initial certification on or after July 1, 1999, shall make an irrevocable election to have his or her recertification date for any subsequent recertification either on the date two years from the date of issuance of the certificate or on the individuals birthday during the second calendar year following certification. The department shall send a renewal notice to the certificate holder 90 days prior to the expiration date of the certificate. If the certificate is not renewed prior to its expiration date, reinstatement shall only be permitted after the certificate holder has paid a delinquency fee equal to three times the renewal fee and has provided evidence of completion of the continuing education required.
(4)To renew a certificate, the certificate holder shall, on or before the certificate expiration date, request renewal by submitting to the department documentation of completion of the required continuing education courses and pay the renewal fee of one hundred dollars ($100), irrespective of receipt of the departments notification of the renewal. A renewal request postmarked on or before the expiration of the certificate shall be proof of compliance with this paragraph.
(5)A suspended or revoked certificate shall be subject to expiration as provided for in this section. If reinstatement of the certificate is approved by the department, the certificate holder, as a condition precedent to reinstatement, shall submit proof of compliance with paragraphs (1) and (2) of this subdivision, and shall pay a fee in an amount equal to the renewal fee, plus the delinquency fee, if any, accrued at the time of its revocation or suspension. Delinquency fees, if any, accrued subsequent to the time of its revocation or suspension and prior to an order for reinstatement, shall be waived for a period of 12 months to allow the individual sufficient time to complete the required continuing education units and to submit the required documentation. Individuals whose certificates will expire within 90 days after the order for reinstatement may be granted a three-month extension to renew their certificates during which time the delinquency fees shall not accrue.
(6)A certificate that is not renewed within four years after its expiration shall not be renewed, restored, reissued, or reinstated except upon completion of a certification training program, passing any test that may be required of an applicant for a new certificate at that time, and paying the appropriate fees provided for in this section.
(7)A fee of twenty-five dollars ($25) shall be charged for the reissuance of a lost certificate.
(8)A certificate holder shall inform the department of his or her employment status and change of mailing address within 30 days of any change.
(i)Unless otherwise ordered by the department, the certificate shall be considered forfeited under either of the following conditions:
(1)The department has revoked any license held by the administrator after the department issued the certificate.
(2)The department has issued an exclusion order against the administrator pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897, after the department issued the certificate, and the administrator did not appeal the exclusion order or, after the appeal, the department issued a decision and order that upheld the exclusion order.
(j)(1)The department, in consultation and collaboration with county placement officials, provider organizations, the State Department of Health Care Services, and the State Department of Developmental Services, shall establish, by regulation, the program content, the testing instrument, the process for approving administrator certification training programs, and criteria to be used in authorizing individuals, organizations, or educational institutions to conduct certification training programs and continuing education courses. The department may also grant continuing education hours for continuing courses offered by accredited educational institutions that are consistent with the requirements in this section. The department may deny vendor approval to any agency or person in any of the following circumstances:
(A)The applicant has not provided the department with evidence satisfactory to the department of the ability of the applicant to satisfy the requirements of vendorization set out in the regulations adopted by the department.
(B)The applicant person or agency has a conflict of interest in that the person or agency places its clients in group homes or short-term residential therapeutic programs.
(C)The applicant public or private agency has a conflict of interest in that the agency is mandated to place clients in group homes or short-term residential therapeutic programs and to pay directly for the services. The department may deny vendorization to this type of agency only as long as there are other vendor programs available to conduct the certification training programs and conduct education courses.
(2)The department may authorize vendors to conduct the administrators certification training program pursuant to this section. The department shall conduct the written test pursuant to regulations adopted by the department.
(3)The department shall prepare and maintain an updated list of approved training vendors.
(4)The department may inspect administrator certification training programs and continuing education courses, including online courses, at no charge to the department, to determine if content and teaching methods comply with regulations. If the department determines that any vendor is not complying with the requirements of this section, the department shall take appropriate action to bring the program into compliance, which may include removing the vendor from the approved list.
(5)The department shall establish reasonable procedures and timeframes not to exceed 30 days for the approval of vendor training programs.
(6)The department may charge a reasonable fee, not to exceed one hundred fifty dollars ($150) every two years, to certification program vendors for review and approval of the initial 40-hour training program pursuant to subdivision (c). The department may also charge the vendor a fee, not to exceed one hundred dollars ($100) every two years, for the review and approval of the continuing education courses needed for recertification pursuant to this subdivision.
(7)(A)A vendor of online programs for continuing education shall ensure that each online course contains all of the following:
(i)An interactive portion in which the participant receives feedback, through online communication, based on input from the participant.
(ii)Required use of a personal identification number or personal identification information to confirm the identity of the participant.
(iii)A final screen displaying a printable statement, to be signed by the participant, certifying that the identified participant completed the course. The vendor shall obtain a copy of the final screen statement with the original signature of the participant prior to the issuance of a certificate of completion. The signed statement of completion shall be maintained by the vendor for a period of three years and be available to the department upon demand. Any person who certifies as true any material matter pursuant to this clause that he or she knows to be false is guilty of a misdemeanor.
(B)Nothing in this subdivision shall prohibit the department from approving online programs for continuing education that do not meet the requirements of subparagraph (A) if the vendor demonstrates to the departments satisfaction that, through advanced technology, the course and the course delivery meet the requirements of this section.
(k)The department shall establish a registry for holders of certificates that shall include, at a minimum, information on employment status and criminal record clearance.
(l)Notwithstanding any law to the contrary, vendors approved by the department who exclusively provide either initial or continuing education courses for certification of administrators of a group home or short-term residential therapeutic program as defined by regulations of the department, an adult residential facility as defined by regulations of the department, or a residential care facility for the elderly as defined in subdivision (k) of Section 1569.2, shall be regulated solely by the department pursuant to this chapter. No other state or local governmental entity shall be responsible for regulating the activity of those vendors.
SEC. 2.Section 1529.2 of the Health and Safety Code is amended to read:1529.2.(a)It is the intent of the Legislature that all foster parents have the necessary knowledge, skills, and abilities to support the safety, permanency, and well-being of children in foster care. Initial and ongoing preparation and training of foster parents should support the foster parents role in parenting vulnerable children, youth, and young adults, including supporting the childrens connection with their families. Their training should be ongoing in order to provide foster parents with information on new practices and requirements and other helpful topics within the child welfare and probation systems and may be offered in a classroom setting, online, or individually.
(b)A licensed or certified foster parent shall complete a minimum of eight training hours annually, a portion of which shall be from one or more of the following topics, as prescribed by the department, pursuant to subdivision (a):
(1)Age-appropriate child and adolescent development.
(2)Health issues in foster care, including, but not limited to, the authorization, uses, risks, benefits, assistance with self-administration, oversight, and monitoring of psychotropic or other medications, and trauma, mental health, and substance use disorder treatments for children in foster care under the jurisdiction of the juvenile court, including how to access those treatments. Health issues in foster care, including, but not limited to, the authorization, uses, risks, benefits, assistance with self-administration, oversight, and monitoring of psychotropic or other medications, and trauma, mental health, and substance use disorder treatments for children in foster care under the jurisdiction of the juvenile court, including how to access those treatments, as the information is also described in subdivision (d) of Section 16501.4 of the Welfare and Institutions Code.
(3)Positive discipline and the importance of self-esteem.
(4)Preparation of children and youth for a successful transition to adulthood.
(5)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(6)Instruction on cultural competency and sensitivity and related best practices for providing adequate care for children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender.
(7)The information described in subdivision (h) (i) of Section 16521.5 of the Welfare and Institutions Code. The program may use the curriculum created pursuant to subdivision (h) and described in subdivision (i) of Section 16521.5 of the Welfare and Institutions Code.
(c)In addition to any training required by this section, a foster parent may be required to receive specialized training, as relevant, for the purpose of preparing the foster parent to meet the needs of a particular child in care. This training may include, but is not limited to, the following:
(1)Understanding how to use best practices for providing care and supervision to commercially sexually exploited children.
(2)Understanding cultural needs of children, including, but not limited to, cultural competency and sensitivity and related best practices for providing adequate care to children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender.
(3)Understanding the requirements and best practices regarding psychotropic medications, including, but not limited to, court authorization, benefits, uses, side effects, interactions, assistance with self-administration, misuse, documentation, storage, and metabolic monitoring of children prescribed psychotropic medications.
(4)Understanding the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), its historical significance, the rights of children covered by the act, and the best interests of Indian children, including the role of the caregiver in supporting culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership and connection to the tribal community and traditions.
(5)Understanding how to use best practices for providing care and supervision to nonminor dependents.
(6)Understanding how to use best practices for providing care and supervision to children with special health care needs.
(d)No child shall be placed with a foster parent unless each foster parent in the home meets the requirements of this section.
(e)(1)Upon the request of the licensed or certified foster parent for a hardship waiver from the annual training requirement or a request for an extension of the deadline, the county may, at its option, on a case-by-case basis, waive the training requirement or extend any established deadline for a period not to exceed one year, if the training requirement presents a severe and unavoidable obstacle to continuing as a foster parent.
(2)Obstacles for which a county may grant a hardship waiver or extension are:
(A)Lack of access to training due to the cost or travel required or lack of child care to participate in the training, when online resources are not available.
(B)Family emergency.
(3)Before a waiver or extension may be granted, the licensed or certified foster parent should explore the opportunity of receiving training online or by video or written materials.
(f)(1)Foster parent training may be obtained through sources that include, but are not necessarily limited to, community colleges, counties, hospitals, foster parent associations, the California State Foster Parent Associations conference, online resources, adult schools, and certified foster parent instructors.
(2)In addition to the foster parent training provided by community colleges, foster family agencies shall provide a program of training for their certified foster families.
(g)(1)Training certificates shall be submitted to the appropriate licensing or foster family agency.
(2)Upon completion, a licensed or certified parent shall submit a certificate of completion for the annual training requirements.
(h)Nothing in this section shall preclude a county or a foster family agency from requiring foster parent training in excess of the requirements in this section.
(i)This section shall become operative on January 1, 2017.
(j)This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
SEC. 3.Section 304.7 of the Welfare and Institutions Code is amended to read:304.7.(a)The Judicial Council shall develop and implement standards for the education and training of all judges who conduct hearings pursuant to Section 300. The training shall include, but not be limited to, all of the following:
(1)A component relating to Section 300 proceedings for newly appointed or elected judges and an annual training session in Section 300 proceedings.
(2)Cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth.
(3)The information described in subdivision (d) of Section 16501.4.
(4)The information described in subdivision (h) (i) of Section 16521.5.
(b)A commissioner or referee who is assigned to conduct hearings held pursuant to Section 300 shall meet the minimum standards for education and training established pursuant to subdivision (a), by July 31, 1998.
(c)The Judicial Council shall submit an annual report to the Legislature on compliance by judges, commissioners, and referees with the education and training standards described in subdivisions (a) and (b).
SEC. 4.Section 16206 of the Welfare and Institutions Code is amended to read:16206.(a)The purpose of the program is to develop and implement statewide coordinated training programs designed specifically to meet the needs of county child protective services social workers assigned emergency response, family maintenance, family reunification, permanent placement, and adoption responsibilities. It is the intent of the Legislature that the program include training for other agencies under contract with county welfare departments to provide child welfare services. In addition, the program shall provide training programs for persons defined as a mandated reporter pursuant to the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code). The program shall provide the services required in this section to the extent possible within the total allocation. If allocations are insufficient, the department, in consultation with the grantee or grantees and the Child Welfare Training Advisory Board, shall prioritize the efforts of the program, giving primary attention to the most urgently needed services. County child protective services social workers assigned emergency response responsibilities shall receive first priority for training pursuant to this section.
(b)The training program shall provide practice-relevant training for mandated child abuse reporters and all members of the child welfare delivery system that will address critical issues affecting the well-being of children, and shall develop curriculum materials and training resources for use in meeting staff development needs of mandated child abuse reporters and child welfare personnel in public and private agency settings.
(c)The training provided pursuant to this section shall include all of the following:
(1)Crisis intervention.
(2)Investigative techniques.
(3)Rules of evidence.
(4)Indicators of abuse and neglect.
(5)Assessment criteria, including the application of guidelines for assessment of relatives for placement according to the criteria described in Section 361.3.
(6)Intervention strategies.
(7)Legal requirements of child protection, including requirements of child abuse reporting laws.
(8)Case management.
(9)Use of community resources.
(10)Information regarding the dynamics and effects of domestic violence upon families and children, including indicators and dynamics of teen dating violence.
(11)Posttraumatic stress disorder and the causes, symptoms, and treatment of posttraumatic stress disorder in children.
(12)The importance of maintaining relationships with individuals who are important to a child in out-of-home placement, including methods to identify those individuals, consistent with the childs best interests, including, but not limited to, asking the child about individuals who are important, and ways to maintain and support those relationships.
(13)The legal duties of a child protective services social worker, in order to protect the legal rights and safety of children and families from the initial time of contact during investigation through treatment.
(14)The information described in subdivision (d) of Section 16501.4.
(15)The information described in subdivision (h) (i) of Section 16521.5. The program may use the curriculum created pursuant to subdivision (h) and described in (i) of Section 16521.5.
(d)The training provided pursuant to this section may also include any or all of the following:
(1)Child development and parenting.
(2)Intake, interviewing, and initial assessment.
(3)Casework and treatment.
(4)Medical aspects of child abuse and neglect.
(e)The training program in each county shall assess the programs performance at least annually and forward it to the State Department of Social Services for an evaluation. The assessment shall include, at a minimum, all of the following:
(1)Workforce data, including education, qualifications, and demographics.
(2)The number of persons trained.
(3)The type of training provided.
(4)The degree to which the training is perceived by participants as useful in practice.
(5)Any additional information or data deemed necessary by the department for reporting, oversight, and monitoring purposes.
(f)The training program shall provide practice-relevant training to county child protective services social workers who screen referrals for child abuse or neglect and for all workers assigned to provide emergency response, family maintenance, family reunification, and permanent placement services. The training shall be developed in consultation with the Child Welfare Training Advisory Board and domestic violence victims advocates and other public and private agencies that provide programs for victims of domestic violence or programs of intervention for perpetrators.
SEC. 5.Section 16501.1 of the Welfare and Institutions Code is amended to read:16501.1.(a)(1)The Legislature finds and declares that the foundation and central unifying tool in child welfare services is the case plan.
(2)The Legislature further finds and declares that a case plan ensures that the child receives protection and safe and proper care and case management, and that services are provided to the child and parents or other caretakers, as appropriate, in order to improve conditions in the parents home, to facilitate the safe return of the child to a safe home or the permanent placement of the child, and to address the needs of the child while in foster care.
(3)The agency shall consider the recommendations of the child and family team, as defined in Section 16501, if any are available. The agency shall document the rationale for any inconsistencies between the case plan and the child and family team recommendations.
(b)(1)A case plan shall be based upon the principles of this section and the input from the child and family team.
(2)The case plan shall document that a preplacement assessment of the service needs of the child and family, and preplacement preventive services, have been provided, and that reasonable efforts to prevent out-of-home placement have been made. Preplacement services may include intensive mental health services in the home or a community setting and the reasonable efforts made to prevent out-of-home placement.
(3)In determining the reasonable services to be offered or provided, the childs health and safety shall be the paramount concerns.
(4)Upon a determination pursuant to paragraph (1) of subdivision (e) of Section 361.5 that reasonable services will be offered to a parent who is incarcerated in a county jail or state prison, detained by the United States Department of Homeland Security, or deported to his or her country of origin, the case plan shall include information, to the extent possible, about a parents incarceration in a county jail or the state prison, detention by the United States Department of Homeland Security, or deportation during the time that a minor child of that parent is involved in dependency care.
(5)Reasonable services shall be offered or provided to make it possible for a child to return to a safe home environment, unless, pursuant to subdivisions (b) and (e) of Section 361.5, the court determines that reunification services shall not be provided.
(6)If reasonable services are not ordered, or are terminated, reasonable efforts shall be made to place the child in a timely manner in accordance with the permanent plan and to complete all steps necessary to finalize the permanent placement of the child.
(c)If out-of-home placement is used to attain case plan goals, the case plan shall consider the recommendations of the child and family team.
(d)(1)The case plan shall include a description of the type of home or institution in which the child is to be placed, and the reasons for that placement decision. The decision regarding choice of placement shall be based upon selection of a safe setting that is the least restrictive family setting that promotes normal childhood experiences and the most appropriate setting that meets the childs individual needs and is available, in proximity to the parents home, in proximity to the childs school, and consistent with the selection of the environment best suited to meet the childs special needs and best interests. The selection shall consider, in order of priority, placement with relatives, nonrelated extended family members, and tribal members; foster family homes, resource families, and nontreatment certified homes of foster family agencies; followed by treatment and intensive treatment certified homes of foster family agencies; or multidimensional treatment foster care homes or therapeutic foster care homes; group care placements in the order of short-term residential therapeutic programs, group homes, community treatment facilities, and out-of-state residential treatment pursuant to Part 5 (commencing with Section 7900) of Division 12 of the Family Code.
(2)If a short-term residential therapeutic program placement is selected for a child, the case plan shall indicate the needs of the child that necessitate this placement, the plan for transitioning the child to a less restrictive environment, and the projected timeline by which the child will be transitioned to a less restrictive environment. This section of the case plan shall be reviewed and updated at least semiannually.
(A)The case plan for placements in a group home, or commencing January 1, 2017, in a short-term residential therapeutic program, shall indicate that the county has taken into consideration Section 16010.8.
(B)After January 1, 2017, a child and family team meeting as described in Section 16501 shall be convened by the county placing agency for the purpose of identifying the supports and services needed to achieve permanency and enable the child or youth to be placed in the least restrictive family setting that promotes normal childhood experiences.
(3)On or after January 1, 2012, for a nonminor dependent, as defined in subdivision (v) of Section 11400, who is receiving AFDC-FC benefits and who is up to 21 years of age pursuant to Section 11403, in addition to the above requirements, the selection of the placement, including a supervised independent living placement, as described in subdivision (w) of Section 11400, shall also be based upon the developmental needs of young adults by providing opportunities to have incremental responsibilities that prepare a nonminor dependent to transition to successful adulthood. If admission to, or continuation in, a group home or short-term residential therapeutic program placement is being considered for a nonminor dependent, the group home or short-term residential therapeutic program placement approval decision shall include a youth-driven, team-based case planning process, as defined by the department, in consultation with stakeholders. The case plan shall consider the full range of placement options, and shall specify why admission to, or continuation in, a group home placement is the best alternative available at the time to meet the special needs or well-being of the nonminor dependent, and how the placement will contribute to the nonminor dependents transition to successful adulthood. The case plan shall specify the treatment strategies that will be used to prepare the nonminor dependent for discharge to a less restrictive family setting that promotes normal childhood experiences, including a target date for discharge from the group home placement. The placement shall be reviewed and updated on a regular, periodic basis to ensure that continuation in the group home placement remains in the best interests of the nonminor dependent and that progress is being made in achieving case plan goals leading to successful adulthood. The group home placement planning process shall begin as soon as it becomes clear to the county welfare department or probation office that a foster child in group home placement is likely to remain in group home placement on his or her 18th birthday, in order to expedite the transition to a less restrictive family setting that promotes normal childhood experiences, if he or she becomes a nonminor dependent. The case planning process shall include informing the youth of all of his or her options, including, but not limited to, admission to or continuation in a group home placement. Consideration for continuation of existing group home placement for a nonminor dependent under 19 years of age may include the need to stay in the same placement in order to complete high school. After a nonminor dependent either completes high school or attains his or her 19th birthday, whichever is earlier, continuation in or admission to a group home placement is prohibited unless the nonminor dependent satisfies the conditions of paragraph (5) of subdivision (b) of Section 11403, and group home placement functions as a short-term transition to the appropriate system of care. Treatment services provided by the group home placement to the nonminor dependent to alleviate or ameliorate the medical condition, as described in paragraph (5) of subdivision (b) of Section 11403, shall not constitute the sole basis to disqualify a nonminor dependent from the group home placement.
(4)In addition to the requirements of paragraphs (1) to (3), inclusive, and taking into account other statutory considerations regarding placement, the selection of the most appropriate home that will meet the childs special needs and best interests shall also promote educational stability by taking into consideration proximity to the childs school of origin, and school attendance area, the number of school transfers the child has previously experienced, and the childs school matriculation schedule, in addition to other indicators of educational stability that the Legislature hereby encourages the State Department of Social Services and the State Department of Education to develop.
(e)A written case plan shall be completed within a maximum of 60 days of the initial removal of the child or of the in-person response required under subdivision (f) of Section 16501 if the child has not been removed from his or her home, or by the date of the dispositional hearing pursuant to Section 358, whichever occurs first. The case plan shall be updated, as the service needs of the child and family dictate. At a minimum, the case plan shall be updated in conjunction with each status review hearing conducted pursuant to Sections 364, 366, 366.3, and 366.31, and the hearing conducted pursuant to Section 366.26, but no less frequently than once every six months. Each updated case plan shall include a description of the services that have been provided to the child under the plan and an evaluation of the appropriateness and effectiveness of those services.
(1)It is the intent of the Legislature that extending the maximum time available for preparing a written case plan from 30 to 60 days will afford caseworkers time to actively engage families, and to solicit and integrate into the case plan the input of the child and the childs family, as well as the input of relatives and other interested parties.
(2)The extension of the maximum time available for preparing a written case plan from 30 to 60 days shall be effective 90 days after the date that the department gives counties written notice that necessary changes have been made to the Child Welfare Services/Case Management System (CWS/CMS) to account for the 60-day timeframe for preparing a written case plan.
(f)The child welfare services case plan shall be comprehensive enough to meet the juvenile court dependency proceedings requirements pursuant to Article 6 (commencing with Section 300) of Chapter 2 of Part 1 of Division 2.
(g)The case plan shall be developed considering the recommendations of the child and family team, as follows:
(1)The case plan shall be based upon an assessment of the circumstances that required child welfare services intervention. The child shall be involved in developing the case plan as age and developmentally appropriate.
(2)The case plan shall identify specific goals and the appropriateness of the planned services in meeting those goals.
(3)The case plan shall identify the original allegations of abuse or neglect, as defined in Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the conditions cited as the basis for declaring the child a dependent of the court pursuant to Section 300, or all of these, and the other precipitating incidents that led to child welfare services intervention.
(4)The case plan shall include a description of the schedule of the placement agency contacts with the child and the family or other caretakers. The frequency of these contacts shall be in accordance with regulations adopted by the State Department of Social Services. If the child has been placed in foster care out of state, the county social worker or probation officer, or a social worker or probation officer on the staff of the agency in the state in which the child has been placed, shall visit the child in a foster family home or the home of a relative, consistent with federal law and in accordance with the departments approved state plan. For children in out-of-state group home facilities, visits shall be conducted at least monthly, pursuant to Section 16516.5. At least once every six months, at the time of a regularly scheduled placement agency contact with the foster child, and at each placement change, the childs social worker or probation officer shall inform the child, the care provider, and the child and family team, if applicable, of the childs rights as a foster child, as specified in Section 16001.9, and shall provide a written copy of the rights to the child as part of the explanation. The social worker or probation officer shall provide the information to the child in a manner appropriate to the age or developmental level of the child. The social worker or probation officer shall document in the case plan that he or she has informed the child of, and has provided the child with a written copy of, his or her rights.
(5)(A)When out-of-home services are used, the frequency of contact between the natural parents or legal guardians and the child shall be specified in the case plan. The frequency of those contacts shall reflect overall case goals, and consider other principles outlined in this section.
(B)Information regarding any court-ordered visitation between the child and the natural parents or legal guardians, and the terms and conditions needed to facilitate the visits while protecting the safety of the child, shall be provided to the childs out-of-home caregiver as soon as possible after the court order is made.
(6)When out-of-home placement is made, the case plan shall include provisions for the development and maintenance of sibling relationships as specified in subdivisions (b), (c), and (d) of Section 16002. If appropriate, when siblings who are dependents of the juvenile court are not placed together, the social worker for each child, if different, shall communicate with each of the other social workers and ensure that the childs siblings are informed of significant life events that occur within their extended family. Unless it has been determined that it is inappropriate in a particular case to keep siblings informed of significant life events that occur within the extended family, the social worker shall determine the appropriate means and setting for disclosure of this information to the child commensurate with the childs age and emotional well-being. These significant life events shall include, but shall not be limited to, the following:
(A)The death of an immediate relative.
(B)The birth of a sibling.
(C)Significant changes regarding a dependent child, unless the child objects to the sharing of the information with his or her siblings, including changes in placement, major medical or mental health diagnoses, treatments, or hospitalizations, arrests, and changes in the permanent plan.
(7)If out-of-home placement is made in a foster family home, group home, or other child care institution that is either a substantial distance from the home of the childs parent or out of state, the case plan shall specify the reasons why that placement is in the best interest of the child. When an out-of-state group home placement is recommended or made, the case plan shall, in addition, specify compliance with Section 7911.1 of the Family Code.
(8)A case plan shall ensure the educational stability of the child while in foster care and shall include both of the following:
(A)An assurance that the placement takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement.
(B)An assurance that the placement agency has coordinated with the person holding the right to make educational decisions for the child and appropriate local educational agencies to ensure that the child remains in the school in which the child is enrolled at the time of placement or, if remaining in that school is not in the best interests of the child, assurances by the placement agency and the local educational agency to provide immediate and appropriate enrollment in a new school and to provide all of the childs educational records to the new school.
(9)(A)If out-of-home services are used, or if parental rights have been terminated and the case plan is placement for adoption, the case plan shall include a recommendation regarding the appropriateness of unsupervised visitation between the child and any of the childs siblings. This recommendation shall include a statement regarding the childs and the siblings willingness to participate in unsupervised visitation. If the case plan includes a recommendation for unsupervised sibling visitation, the plan shall also note that information necessary to accomplish this visitation has been provided to the child or to the childs siblings.
(B)Information regarding the schedule and frequency of the visits between the child and siblings, as well as any court-ordered terms and conditions needed to facilitate the visits while protecting the safety of the child, shall be provided to the childs out-of-home caregiver as soon as possible after the court order is made.
(10)If out-of-home services are used and the goal is reunification, the case plan shall describe the services to be provided to assist in reunification and the services to be provided concurrently to achieve legal permanency if efforts to reunify fail. The plan shall also consider in-state and out-of-state placements, the importance of developing and maintaining sibling relationships pursuant to Section 16002, and the desire and willingness of the caregiver to provide legal permanency for the child if reunification is unsuccessful.
(11)If out-of-home services are used, the child has been in care for at least 12 months, and the goal is not adoptive placement, the case plan shall include documentation of the compelling reason or reasons why termination of parental rights is not in the childs best interest. A determination completed or updated within the past 12 months by the department when it is acting as an adoption agency or by a licensed adoption agency that it is unlikely that the child will be adopted, or that one of the conditions described in paragraph (1) of subdivision (c) of Section 366.26 applies, shall be deemed a compelling reason.
(12)(A)Parents and legal guardians shall have an opportunity to review the case plan, and to sign it whenever possible, and then shall receive a copy of the plan. In a voluntary service or placement agreement, the parents or legal guardians shall be required to review and sign the case plan. Whenever possible, parents and legal guardians shall participate in the development of the case plan. Commencing January 1, 2012, for nonminor dependents, as defined in subdivision (v) of Section 11400, who are receiving AFDC-FC or CalWORKs assistance and who are up to 21 years of age pursuant to Section 11403, the transitional independent living case plan, as set forth in subdivision (y) of Section 11400, shall be developed with, and signed by, the nonminor.
(B)Parents and legal guardians shall be advised that, pursuant to Section 1228.1 of the Evidence Code, neither their signature on the child welfare services case plan nor their acceptance of any services prescribed in the child welfare services case plan shall constitute an admission of guilt or be used as evidence against the parent or legal guardian in a court of law. However, they shall also be advised that the parents or guardians failure to cooperate, except for good cause, in the provision of services specified in the child welfare services case plan may be used in any hearing held pursuant to Section 366.21, 366.22, or 366.25 of this code as evidence.
(13)A child shall be given a meaningful opportunity to participate in the development of the case plan and state his or her preference for foster care placement. A child who is 12 years of age or older and in a permanent placement shall also be given the opportunity to review the case plan, sign the case plan, and receive a copy of the case plan.
(14)The case plan shall be included in the court report and shall be considered by the court at the initial hearing and each review hearing. Modifications to the case plan made during the period between review hearings need not be approved by the court if the casework supervisor for that case determines that the modifications further the goals of the plan. If out-of-home services are used with the goal of family reunification, the case plan shall consider and describe the application of subdivision (b) of Section 11203.
(15)(A)If the case plan has as its goal for the child a permanent plan of adoption or legal guardianship, it shall include a statement of the childs wishes regarding their permanent placement plan and an assessment of those stated wishes. The agency shall also include documentation of the steps the agency is taking to find an adoptive family or other permanent living arrangements for the child; to place the child with an adoptive family, an appropriate and willing relative, or a legal guardian, and to finalize the adoption or legal guardianship. At a minimum, the documentation shall include child-specific recruitment efforts, such as the use of state, regional, and national adoption exchanges, including electronic exchange systems, when the child has been freed for adoption. Regardless of whether the child has been freed for adoption, documentation shall include a description of any barriers to achieving legal permanence and the steps the agency will take to address those barriers. If the plan is for kinship guardianship, the case plan shall document how the child meets the kinship guardianship eligibility requirements.
(B)When the child is 16 years of age or older and is in another planned permanent living arrangement, the case plan shall identify the intensive and ongoing efforts to return the child to the home of the parent, place the child for adoption, place the child for tribal customary adoption in the case of an Indian child, establish a legal guardianship, or place the child nonminor dependent with a fit and willing relative, as appropriate. Efforts shall include the use of technology, including social media, to find biological family members of the child.
(16)(A)(i)For a child who is 14 or 15 years of age, the case plan shall include a written description of the programs and services that will help the child, consistent with the childs best interests, to prepare for the transition from foster care to successful adulthood. The description may be included in the document described in subparagraph (A) of paragraph (18).
(ii)When appropriate, for a child who is 16 years of age or older and, commencing January 1, 2012, for a nonminor dependent, the case plan shall include the transitional independent living plan (TILP), a written description of the programs and services that will help the child, consistent with the childs best interests, to prepare for the transition from foster care to successful adulthood, and, in addition, whether the youth has an in-progress application pending for Title XVI Supplemental Security Income benefits or for special immigrant juvenile status or other applicable application for legal residency and an active dependency case is required for that application. When appropriate, for a nonminor dependent, the transitional independent living case plan, as described in subdivision (v) of Section 11400, shall include the TILP, a written description of the programs and services that will help the nonminor dependent, consistent with his or her best interests, to prepare for transition from foster care and assist the youth in meeting the eligibility criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403. If applicable, the case plan shall describe the individualized supervision provided in the supervised independent living placement as defined in subdivision (w) of Section 11400. The case plan shall be developed with the child or nonminor dependent and individuals identified as important to the child or nonminor dependent, and shall include steps the agency is taking to ensure that the child or nonminor dependent achieves permanence, including maintaining or obtaining permanent connections to caring and committed adults.
(B)During the 90-day period prior to the participant attaining 18 years of age or older as the state may elect under Section 475(8)(B)(iii) of the federal Social Security Act (42 U.S.C. Sec. 675(8)(B)(iii)), whether during that period foster care maintenance payments are being made on the childs behalf or the child is receiving benefits or services under Section 477 of the federal Social Security Act (42 U.S.C. Sec. 677), a caseworker or other appropriate agency staff or probation officer and other representatives of the participant, as appropriate, shall provide the youth or nonminor dependent with assistance and support in developing the written 90-day transition plan, that is personalized at the direction of the child, information as detailed as the participant elects that shall include, but not be limited to, options regarding housing, health insurance, education, local opportunities for mentors and continuing support services, and workforce supports and employment services, a power of attorney for health care, and information regarding the advance health care directive form. Information provided regarding health insurance options shall include verification that the eligible youth or nonminor is enrolled in Medi-Cal and a description of the steps that have been or will be taken by the youths social worker or probation officer to ensure that the eligible youth or nonminor is transitioned into the Medi-Cal program for former foster youth upon case closure with no interruption in coverage and with no new application being required, as provided in Section 14005.28.
(C)For youth 14 years of age or older, the case plan shall include documentation that a consumer credit report was requested annually from each of the three major credit reporting agencies at no charge to the youth and that any results were provided to the youth. For nonminor dependents, the case plan shall include documentation that the county assisted the nonminor dependent in obtaining his or her reports. The case plan shall include documentation of barriers, if any, to obtaining the credit reports. If the consumer credit report reveals any accounts, the case plan shall detail how the county ensured the youth received assistance with interpreting the credit report and resolving any inaccuracies, including any referrals made for the assistance.
(17)For youth 14 years of age or older and nonminor dependents, the case plan shall be developed in consultation with the youth. At the youths option, the consultation may include up to two members of the case planning team who are chosen by the youth and who are not foster parents of, or caseworkers for, the youth. The agency, at any time, may reject an individual selected by the youth to be a member of the case planning team if the agency has good cause to believe that the individual would not act in the youths best interest. One individual selected by the youth to be a member of the case planning team may be designated to be the youths adviser and advocate with respect to the application of the reasonable and prudent parent standard to the youth, as necessary.
(18)For youth in foster care 14 years of age and older and nonminor dependents, the case plan shall include both of the following:
(A)A document that describes the youths rights with respect to education, health, visitation, and court participation, the right to be annually provided with copies of his or her credit reports at no cost while in foster care pursuant to Section 10618.6, and the right to stay safe and avoid exploitation.
(B)A signed acknowledgment by the youth that he or she has been provided a copy of the document and that the rights described in the document have been explained to the youth in an age-appropriate manner.
(19)The case plan for a child or nonminor dependent who is, or who is at risk of becoming, the victim of commercial sexual exploitation, shall document the services provided to address that issue.
(20)For youth in foster care 10 years of age and older and nonminor dependents, the case plan shall include documentation that at least once before 12 years of age, at least once between 12 and 14 years of age, at least two times between 15 and 18 years of age, and at least once between 19 and 21 years of age, the youth has received comprehensive sexual health education that meets the requirements established in Chapter 5.6 (commencing with Section 51930) of Part 28 of Division 4 of Title 2 of the Education Code. If the youth or nonminor dependent has not received this instruction through school, the case plan shall document how the county will ensure that the youth receives education through an alternative source that meets the standards established in Chapter 5.6 (commencing with Section 51930) of Part 28 of Division 4 of Title 2 of the Education Code.
(21)For youth in foster care 10 years of age and older, older and nonminor dependents, the case plan shall be updated yearly to identify how, during the upcoming year, the agency will ensure the youth has access to age-appropriate, medically accurate information on puberty, reproductive and sexual health care, the prevention of unplanned pregnancies, and the prevention, diagnosis, and treatment of sexually transmitted infections, and how the agency will ensure the youth is not facing any barriers to accessing reproductive and sexual health care services or treatment. document that the case manag ement worker has done all of the following:
(A)Informed the youth or nonminor dependent that he or she may access age-appropriate, medically accurate information about reproductive and sexual health care, including, but not limited to, unplanned pregnancy prevention, abstinence, use of birth control, and the prevention and treatment of sexually transmitted infections.
(B)Informed the youth or nonminor dependent, in an age- and developmentally appropriate manner, of his or her rights to consent to sexual and reproductive health services and his or her confidentiality rights regarding those services.
(C)Informed the youth or nonminor dependent how to access reproductive and sexual health care services and facilitated access to that care, including by assisting with any identified barriers to care, as needed.
(h)If the court finds, after considering the case plan, that unsupervised sibling visitation is appropriate and has been consented to, the court shall order that the child or the childs siblings, the childs current caregiver, and the childs prospective adoptive parents, if applicable, be provided with information necessary to accomplish this visitation. This section does not require or prohibit the social workers facilitation, transportation, or supervision of visits between the child and his or her siblings.
(i)The case plan documentation on sibling placements required under this section shall not require modification of existing case plan forms until the Child Welfare Services/Case Management System (CWS/CMS) is implemented on a statewide basis.
(j)When a child is 10 years of age or older and has been in out-of-home placement for six months or longer, the case plan shall include an identification of individuals, other than the childs siblings, who are important to the child and actions necessary to maintain the childs relationship with those individuals, provided that those relationships are in the best interest of the child. The social worker or probation officer shall ask every child who is 10 years of age or older and who has been in out-of-home placement for six months or longer to identify individuals other than the childs siblings who are important to the child, and may ask any other child to provide that information, or may seek that information from the child and family team, as appropriate. The social worker or probation officer shall make efforts to identify other individuals who are important to the child, consistent with the childs best interests.
(k)The childs caregiver shall be provided a copy of a plan outlining the childs needs and services. The nonminor dependents caregiver shall be provided with a copy of the nonminors TILP.
(l)Each county shall ensure that the total number of visits made by caseworkers on a monthly basis to children in foster care during a federal fiscal year is not less than 95 percent of the total number of those visits that would occur if each child were visited once every month while in care and that the majority of the visits occur in the residence of the child. The county child welfare and probation departments shall comply with data reporting requirements that the department deems necessary to comply with the federal Child and Family Services Improvement Act of 2006 (Public Law 109-288) and the federal Child and Family Services Improvement and Innovation Act (Public Law 112-34).
(m)The implementation and operation of the amendments to subdivision (i) enacted at the 200506 Regular Session shall be subject to appropriation through the budget process and by phase, as provided in Section 366.35.
SEC. 6.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)(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) 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) 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). 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)(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) 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).
(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).
(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)(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)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)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) 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). To the extent that adequate resources are available, complaints shall be investigated by a worker who did not initially conduct the home environment or psychosocial assessments.
(C)Upon conclusion of the complaint investigation, the final disposition shall be reviewed and approved by a supervising staff member.
(D)The department shall be notified of any serious incidents or serious complaints or any incident that falls within the definition of Section 11165.5 of the Penal Code. If those incidents or complaints result in an investigation, the department shall also be notified as to the status and disposition of that investigation.
(9)Performing corrective action as required by the department.
(10)Assessing county performance in related areas of the California Child and Family Services Review System, and remedying problems identified.
(11)Submitting information and data that the department determines is necessary to study, monitor, and prepare the report specified in paragraph (6) of subdivision (f).
(12)Ensuring resource family applicants and resource families have the necessary knowledge, skills, and abilities to support children in foster care by completing caregiver training. The training should include a curriculum that supports the role of a resource family in parenting vulnerable children and should be ongoing in order to provide resource families with information on trauma-informed practices and requirements and other topics within the foster care system.
(13)Ensuring that a resource family applicant completes a minimum of 12 hours of preapproval caregiver training. The training shall include, but not be limited to, all of the following courses:
(A)An overview of the child protective and probation systems.
(B)The effects of trauma, including grief and loss, and child abuse and neglect, on child development and behavior, and methods to behaviorally support children impacted by that trauma or child abuse and neglect.
(C)Positive discipline and the importance of self-esteem.
(D)Health issues in foster care.
(E)Accessing services and supports to address education needs, physical, mental, and behavioral health, and substance use disorders, including culturally relevant services.
(F)The rights of a child in foster care, and the resource 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 former Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(I)Permanence, well-being, and education needs of children.
(J)Child and adolescent development, including sexual orientation, gender identity, and expression.
(K)The role of resource families, including working cooperatively with the child welfare or probation agency, the childs family, and other service providers implementing the case plan.
(L)The role of a resource family on the child and family team as defined in paragraph (4) of subdivision (a) of Section 16501.
(M)A resource familys responsibility to act as a reasonable and prudent parent, 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).
(O)The information described in subdivision (h) (i) of Section 16521.5. The program may use the curriculum created pursuant to subdivision (h) and described in subdivision (i) of Section 16521.5.
(14)Ensuring approved resource families complete a minimum of eight hours of caregiver training annually, a portion of which shall be from subparagraph (M) of paragraph (13) and from one or more of the other topics listed in paragraph (13).
(h)In addition to any training required by this section, a county may require a resource family or applicant to receive relevant specialized training for the purpose of preparing the resource family to meet the needs of a particular child in care. This training may include, but is not limited to, the following:
(1)Understanding how to use best practices for providing care and supervision to commercially sexually exploited children.
(2)Understanding how to use best practices for providing care and supervision to lesbian, gay, bisexual, and transgender children.
(3)Understanding the requirements and best practices regarding psychotropic medications, including, but not limited to, court authorization, benefits, uses, side effects, interactions, assistance with self-administration, misuse, documentation, storage, and metabolic monitoring of children prescribed psychotropic medications.
(4)Understanding the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), its historical significance, the rights of children covered by the act, and the best interests of Indian children, including the role of the caregiver in supporting culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership and connection to the tribal community and traditions.
(5)Understanding how to use best practices for providing care and supervision to nonminor dependents.
(6)Understanding how to use best practices for providing care and supervision to children with special health care needs.
(7)Understanding the different permanency options and the services and benefits associated with the options.
(i)Nothing in this section shall preclude a county from requiring training in excess of the requirements in this section.
(j)(1)Resource families who move home locations shall retain their resource family status pending the outcome of the update conducted pursuant to paragraph (6) of subdivision (g).
(2)(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 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)Implementation of the program shall be contingent upon the continued availability of federal Social Security Act Title IV-E (42 U.S.C. Sec. 670) funds for costs associated with placement of children with resource families assessed and approved under the program.
(l)A child placed with a resource family 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)Sharing ratios for nonfederal expenditures for all costs associated with activities related to the approval of relatives and nonrelative extended family members shall be in accordance with Section 10101.
(n)The Department of Justice shall charge fees sufficient to cover the cost of initial or subsequent criminal offender record information and Child Abuse Central Index searches, processing, or responses, as specified in this section.
(o)Except as provided, approved resource families shall be exempt from both of the following:
(1)Licensure requirements set forth under the Community Care Facilities Act, commencing with Section 1500 of the Health and Safety Code, and all regulations promulgated thereto.
(2)Relative and nonrelative extended family member approval requirements set forth under Sections 309, 361.4, and 362.7, and all regulations promulgated thereto.
(p)(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)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)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)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)A resource family approved pursuant to this section shall forfeit its approval concurrent with resource family approval by a foster family agency.
SEC. 7.Section 16521.5 of the Welfare and Institutions Code is amended to read:16521.5.(a)A foster care provider, in consultation with the county case manager, shall be responsible for ensuring that adolescents, including nonminor dependents, as described in subdivision (v) of Section 11400, who remain in long-term foster care, as defined by the department, receive age-appropriate pregnancy prevention information to the extent state and county resources are provided.
(b)A foster care provider, in consultation with the county case manager, shall be responsible for ensuring that a foster youth or nonminor dependent is provided with appropriate referrals to health services when the foster youth either reaches 18 years of age or the nonminor dependent exits foster care, and to the extent county and state resources are provided.
(c)As part of the home study process, the prospective foster care provider shall notify the county if he or she objects to participating in adolescent pregnancy prevention training or the dissemination of information pursuant to subdivisions (a) and (b). A licensed foster care provider shall notify the county if he or she objects to participation. If the provider objects, the county case manager shall assume this responsibility.
(d)Subdivisions (a), (b), and (c) shall not take effect until the department, in consultation with the workgroup, develops guidelines that describe the duties and responsibilities of foster care providers and county case managers in delivering pregnancy prevention services and information.
(e)(1)The department, in consultation with the State Department of Health Services, shall convene a working group for the purpose of developing a pregnancy prevention plan that will effectively address the needs of adolescent male and female foster youth. The workgroup shall meet not more than three times and thereafter shall provide consultation to the department upon request.
(2)The working group shall include representatives from the California Youth Connection, the California State Foster Parents Association, group home provider associations, the County Welfare Directors Association, providers of teen pregnancy prevention programs, a foster care case worker, an expert in pregnancy prevention curricula, a representative of the Independent Living Program, and an adolescent health professional.
(f)The plan required pursuant to subdivision (e) shall include, but not be limited to, all of the following:
(1)Effective strategies and programs for preteen and older teen foster youth and nonminor dependents.
(2)The role of foster care and group home care providers.
(3)The role of the assigned case management worker.
(4)How to involve foster youth and nonminor peers.
(5)Selecting and providing appropriate materials to educate foster youth and nonminors in family life education.
(6)The training of foster care and group home care providers and, when necessary, county case managers in adolescent pregnancy prevention.
(g)Counties currently mandating foster care provider training shall be encouraged to include the pregnancy prevention curricula guidelines and educational materials that may be developed by the workgroup pursuant to subdivision (f).
(h)In order to train case management workers and foster care providers, the department shall develop a curriculum that is consistent with, and in addition to, the pregnancy prevention plan and the curricula guidelines and educational materials developed by the workgroup pursuant to subdivisions (e) and (f).
(i)The curriculum created pursuant to subdivision (h) shall include, but not be limited to, all of the following:
(1)The rights of youth and nonminor dependents in foster care to sexual and reproductive health care and information, to confidentiality of sensitive health information, and the reasonable prudent parent standard.
(2)How to document sensitive health information, including, but not limited to, sexual and reproductive health issues, in a case plan.
(3)The duties and responsibilities of the assigned case management worker and the foster care provider in ensuring youth and nonminor dependents in foster care can obtain sexual and reproductive health services and information.
(4)Guidance about how to engage and talk with youth and nonminor dependents about healthy sexual development and reproductive and sexual health in a manner that is medically accurate, developmentally and age-appropriate, trauma-informed, and strengths based.
(5)Information about current contraception methods and how to select and provide appropriate referral resources and materials for information and service delivery.
(j)The department shall adopt regulations to implement this section.
SEC. 8.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)(1)The department, in consultation and collaboration with county placement officials, group home provider organizations, the Director of Health Care Services, and the Director of Developmental Services, shall develop and establish an administrator certification training program to ensure that administrators of group home facilities have appropriate training to provide the care and services for which a license or certificate is issued.
(2)The department shall develop and establish an administrator certification training program to ensure that administrators of short-term residential therapeutic program facilities have appropriate training to provide the care and services for which a license or certificate is issued.
(b)(1)In addition to any other requirements or qualifications required by the department, an administrator of a group home or short-term residential therapeutic program shall successfully complete a specified department-approved training certification program, pursuant to subdivision (c), prior to employment.
(2)In those cases when the individual is both the licensee and the administrator of a facility, the individual shall comply with all of the licensee and administrator requirements of this section.
(3)Failure to comply with this section shall constitute cause for revocation of the license of the facility.
(4)The licensee shall notify the department within 10 days of any change in administrators.
(c)(1)The administrator certification programs for group homes shall require a minimum of 40 hours of classroom instruction that provides training on a uniform core of knowledge in each of the following areas:
(A)Laws, regulations, and policies and procedural standards that impact the operations of the type of facility for which the applicant will be an administrator.
(B)Business operations.
(C)Management and supervision of staff.
(D)Psychosocial and educational needs of the facility residents, including, but not limited to, the information described in subdivision (d) of Section 16501.4 of the Welfare and Institutions Code.
(E)Community and support services.
(F)Physical needs of facility residents.
(G)Assistance with self-administration, storage, misuse, and interaction of medication used by facility residents.
(H)Resident admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(I)Instruction on cultural competency and sensitivity and related best practices for providing adequate care for children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender.
(J)Nonviolent emergency intervention and reporting requirements.
(K)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(L)The information described in subdivision (h) of Section 16521.5. 16521.5 of the Welfare and Institutions Code. The program may use the curriculum created pursuant to subdivision (h) and described in subdivision (i) of Section 16521.5 of the Welfare and Institutions Code.
(2)The administrator certification programs for short-term residential therapeutic programs shall require a minimum of 40 hours of classroom instruction that provides training on a uniform core of knowledge in each of the following areas:
(A)Laws, regulations, and policies and procedural standards that impact the operations of the type of facility for which the applicant will be an administrator.
(B)Business operations and management and supervision of staff, including staff training.
(C)Physical and psychosocial needs of the children, including behavior management, deescalation techniques, and trauma informed crisis management planning.
(D)Permanence, well-being, and educational needs of the children.
(E)Community and support services, including accessing local behavioral and mental health supports and interventions, substance use disorder treatments, and culturally relevant services, as appropriate.
(F)Understanding the requirements and best practices regarding psychotropic medications, including, but not limited to, court authorization, uses, benefits, side effects, interactions, assistance with self-administration, misuse, documentation, storage, and metabolic monitoring of children prescribed psychotropic medications.
(G)Admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(H)The federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), its historical significance, the rights of children covered by the act, and the best interests of Indian children as including culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership, and connection to the tribal community and traditions.
(I)Instruction on cultural competency and sensitivity and related best practices for providing adequate care for children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender.
(J)Nonviolent emergency intervention and reporting requirements.
(K)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(L)The information described in subdivision (h) of Section 16521.5. 16521.5 of the Welfare and Institutions Code. The program may use the curriculum created pursuant to subdivision (h) and described in subdivision (i) of Section 16521.5 of the Welfare and Institutions Code.
(d)Administrators who possess a valid group home license, issued by the department, are exempt from completing an approved initial certification training program and taking a written test, provided the individual completes 12 hours of classroom instruction in the following uniform core of knowledge areas:
(1)Laws, regulations, and policies and procedural standards that impact the operations of a short-term residential therapeutic program.
(2)(A)Authorization, uses, benefits, side effects, interactions, assistance with self-administration, misuse, documentation, and storage of medications.
(B)Metabolic monitoring of children prescribed psychotropic medications.
(3)Admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(4)The federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), its historical significance, the rights of children covered by the act, and the best interests of Indian children as including culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership, and connection to the tribal community and traditions.
(5)Instruction on cultural competency and sensitivity and related best practices for providing adequate care for children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender.
(6)Physical and psychosocial needs of children, including behavior management, deescalation techniques, and trauma informed crisis management planning.
(e)Individuals applying for administrator certification under this section shall successfully complete an approved administrator certification training program, pass a written test administered by the department within 60 days of completing the program, and submit to the department the documentation required by subdivision (f) within 30 days after being notified of having passed the test. The department may extend these time deadlines for good cause. The department shall notify the applicant of his or her test results within 30 days of administering the test.
(f)The department shall not begin the process of issuing a certificate until receipt of all of the following:
(1)A certificate of completion of the administrator training required pursuant to this chapter.
(2)The fee required for issuance of the certificate. A fee of one hundred dollars ($100) shall be charged by the department to cover the costs of processing the application for certification.
(3)Documentation from the applicant that he or she has passed the written test.
(4)Submission of fingerprints pursuant to Section 1522. The department may waive the submission for those persons who have a current clearance on file.
(5)That person is at least 21 years of age.
(g)It shall be unlawful for any person not certified under this section to hold himself or herself out as a certified administrator of a group home or short-term residential therapeutic program. Any person willfully making any false representation as being a certified administrator or facility manager is guilty of a misdemeanor.
(h)(1)Certificates issued under this section shall be renewed every two years and renewal shall be conditional upon the certificate holder submitting documentation of completion of 40 hours of continuing education related to the core of knowledge specified in subdivision (c). No more than one-half of the required 40 hours of continuing education necessary to renew the certificate may be satisfied through online courses. All other continuing education hours shall be completed in a classroom setting. For purposes of this section, an individual who is a group home or short-term residential therapeutic program administrator and who is required to complete the continuing education hours required by the regulations of the State Department of Developmental Services, and approved by the regional center, may have up to 24 of the required continuing education course hours credited toward the 40-hour continuing education requirement of this section. The department shall accept for certification, community college course hours approved by the regional centers.
(2)Every administrator of a group home or short-term residential therapeutic program shall complete the continuing education requirements of this subdivision.
(3)Certificates issued under this section shall expire every two years on the anniversary date of the initial issuance of the certificate, except that any administrator receiving his or her initial certification on or after July 1, 1999, shall make an irrevocable election to have his or her recertification date for any subsequent recertification either on the date two years from the date of issuance of the certificate or on the individuals birthday during the second calendar year following certification. The department shall send a renewal notice to the certificate holder 90 days prior to the expiration date of the certificate. If the certificate is not renewed prior to its expiration date, reinstatement shall only be permitted after the certificate holder has paid a delinquency fee equal to three times the renewal fee and has provided evidence of completion of the continuing education required.
(4)To renew a certificate, the certificate holder shall, on or before the certificate expiration date, request renewal by submitting to the department documentation of completion of the required continuing education courses and pay the renewal fee of one hundred dollars ($100), irrespective of receipt of the departments notification of the renewal. A renewal request postmarked on or before the expiration of the certificate shall be proof of compliance with this paragraph.
(5)A suspended or revoked certificate shall be subject to expiration as provided for in this section. If reinstatement of the certificate is approved by the department, the certificate holder, as a condition precedent to reinstatement, shall submit proof of compliance with paragraphs (1) and (2) of this subdivision, and shall pay a fee in an amount equal to the renewal fee, plus the delinquency fee, if any, accrued at the time of its revocation or suspension. Delinquency fees, if any, accrued subsequent to the time of its revocation or suspension and prior to an order for reinstatement, shall be waived for a period of 12 months to allow the individual sufficient time to complete the required continuing education units and to submit the required documentation. Individuals whose certificates will expire within 90 days after the order for reinstatement may be granted a three-month extension to renew their certificates during which time the delinquency fees shall not accrue.
(6)A certificate that is not renewed within four years after its expiration shall not be renewed, restored, reissued, or reinstated except upon completion of a certification training program, passing any test that may be required of an applicant for a new certificate at that time, and paying the appropriate fees provided for in this section.
(7)A fee of twenty-five dollars ($25) shall be charged for the reissuance of a lost certificate.
(8)A certificate holder shall inform the department of his or her employment status and change of mailing address within 30 days of any change.
(i)Unless otherwise ordered by the department, the certificate shall be considered forfeited under either of the following conditions:
(1)The department has revoked any license held by the administrator after the department issued the certificate.
(2)The department has issued an exclusion order against the administrator pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897, after the department issued the certificate, and the administrator did not appeal the exclusion order or, after the appeal, the department issued a decision and order that upheld the exclusion order.
(j)(1)The department, in consultation and collaboration with county placement officials, provider organizations, the State Department of Health Care Services, and the State Department of Developmental Services, shall establish, by regulation, the program content, the testing instrument, the process for approving administrator certification training programs, and criteria to be used in authorizing individuals, organizations, or educational institutions to conduct certification training programs and continuing education courses. The department may also grant continuing education hours for continuing courses offered by accredited educational institutions that are consistent with the requirements in this section. The department may deny vendor approval to any agency or person in any of the following circumstances:
(A)The applicant has not provided the department with evidence satisfactory to the department of the ability of the applicant to satisfy the requirements of vendorization set out in the regulations adopted by the department.
(B)The applicant person or agency has a conflict of interest in that the person or agency places its clients in group homes or short-term residential therapeutic programs.
(C)The applicant public or private agency has a conflict of interest in that the agency is mandated to place clients in group homes or short-term residential therapeutic programs and to pay directly for the services. The department may deny vendorization to this type of agency only as long as there are other vendor programs available to conduct the certification training programs and conduct education courses.
(2)The department may authorize vendors to conduct the administrators certification training program pursuant to this section. The department shall conduct the written test pursuant to regulations adopted by the department.
(3)The department shall prepare and maintain an updated list of approved training vendors.
(4)The department may inspect administrator certification training programs and continuing education courses, including online courses, at no charge to the department, to determine if content and teaching methods comply with regulations. If the department determines that any vendor is not complying with the requirements of this section, the department shall take appropriate action to bring the program into compliance, which may include removing the vendor from the approved list.
(5)The department shall establish reasonable procedures and timeframes not to exceed 30 days for the approval of vendor training programs.
(6)The department may charge a reasonable fee, not to exceed one hundred fifty dollars ($150) every two years, to certification program vendors for review and approval of the initial 40-hour training program pursuant to subdivision (c). The department may also charge the vendor a fee, not to exceed one hundred dollars ($100) every two years, for the review and approval of the continuing education courses needed for recertification pursuant to this subdivision.
(7)(A)A vendor of online programs for continuing education shall ensure that each online course contains all of the following:
(i)An interactive portion in which the participant receives feedback, through online communication, based on input from the participant.
(ii)Required use of a personal identification number or personal identification information to confirm the identity of the participant.
(iii)A final screen displaying a printable statement, to be signed by the participant, certifying that the identified participant completed the course. The vendor shall obtain a copy of the final screen statement with the original signature of the participant prior to the issuance of a certificate of completion. The signed statement of completion shall be maintained by the vendor for a period of three years and be available to the department upon demand. Any person who certifies as true any material matter pursuant to this clause that he or she knows to be false is guilty of a misdemeanor.
(B)Nothing in this subdivision shall prohibit the department from approving online programs for continuing education that do not meet the requirements of subparagraph (A) if the vendor demonstrates to the departments satisfaction that, through advanced technology, the course and the course delivery meet the requirements of this section.
(k)The department shall establish a registry for holders of certificates that shall include, at a minimum, information on employment status and criminal record clearance.
(l)Notwithstanding any law to the contrary, vendors approved by the department who exclusively provide either initial or continuing education courses for certification of administrators of a group home or short-term residential therapeutic program as defined by regulations of the department, an adult residential facility as defined by regulations of the department, or a residential care facility for the elderly as defined in subdivision (k) of Section 1569.2, shall be regulated solely by the department pursuant to this chapter. No other state or local governmental entity shall be responsible for regulating the activity of those vendors.
SEC. 2.Section 1529.2 of the Health and Safety Code is amended to read:1529.2.(a)It is the intent of the Legislature that all foster parents have the necessary knowledge, skills, and abilities to support the safety, permanency, and well-being of children in foster care. Initial and ongoing preparation and training of foster parents should support the foster parents role in parenting vulnerable children, youth, and young adults, including supporting the childrens connection with their families. Their training should be ongoing in order to provide foster parents with information on new practices and requirements and other helpful topics within the child welfare and probation systems and may be offered in a classroom setting, online, or individually.
(b)A licensed or certified foster parent shall complete a minimum of eight training hours annually, a portion of which shall be from one or more of the following topics, as prescribed by the department, pursuant to subdivision (a):
(1)Age-appropriate child and adolescent development.
(2)Health issues in foster care, including, but not limited to, the authorization, uses, risks, benefits, assistance with self-administration, oversight, and monitoring of psychotropic or other medications, and trauma, mental health, and substance use disorder treatments for children in foster care under the jurisdiction of the juvenile court, including how to access those treatments. Health issues in foster care, including, but not limited to, the authorization, uses, risks, benefits, assistance with self-administration, oversight, and monitoring of psychotropic or other medications, and trauma, mental health, and substance use disorder treatments for children in foster care under the jurisdiction of the juvenile court, including how to access those treatments, as the information is also described in subdivision (d) of Section 16501.4 of the Welfare and Institutions Code.
(3)Positive discipline and the importance of self-esteem.
(4)Preparation of children and youth for a successful transition to adulthood.
(5)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(6)Instruction on cultural competency and sensitivity and related best practices for providing adequate care for children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender.
(7)The information described in subdivision (h) of Section 16521.5. 16521.5 of the Welfare and Institutions Code. The program may use the curriculum created pursuant to subdivision (h) and described in subdivision (i) of Section 16521.5 of the Welfare and Institutions Code.
(c)In addition to any training required by this section, a foster parent may be required to receive specialized training, as relevant, for the purpose of preparing the foster parent to meet the needs of a particular child in care. This training may include, but is not limited to, the following:
(1)Understanding how to use best practices for providing care and supervision to commercially sexually exploited children.
(2)Understanding cultural needs of children, including, but not limited to, cultural competency and sensitivity and related best practices for providing adequate care to children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender.
(3)Understanding the requirements and best practices regarding psychotropic medications, including, but not limited to, court authorization, benefits, uses, side effects, interactions, assistance with self-administration, misuse, documentation, storage, and metabolic monitoring of children prescribed psychotropic medications.
(4)Understanding the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), its historical significance, the rights of children covered by the act, and the best interests of Indian children, including the role of the caregiver in supporting culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership and connection to the tribal community and traditions.
(5)Understanding how to use best practices for providing care and supervision to nonminor dependents.
(6)Understanding how to use best practices for providing care and supervision to children with special health care needs.
(d)No child shall be placed with a foster parent unless each foster parent in the home meets the requirements of this section.
(e)(1)Upon the request of the licensed or certified foster parent for a hardship waiver from the annual training requirement or a request for an extension of the deadline, the county may, at its option, on a case-by-case basis, waive the training requirement or extend any established deadline for a period not to exceed one year, if the training requirement presents a severe and unavoidable obstacle to continuing as a foster parent.
(2)Obstacles for which a county may grant a hardship waiver or extension are:
(A)Lack of access to training due to the cost or travel required or lack of child care to participate in the training, when online resources are not available.
(B)Family emergency.
(3)Before a waiver or extension may be granted, the licensed or certified foster parent should explore the opportunity of receiving training online or by video or written materials.
(f)(1)Foster parent training may be obtained through sources that include, but are not necessarily limited to, community colleges, counties, hospitals, foster parent associations, the California State Foster Parent Associations conference, online resources, adult schools, and certified foster parent instructors.
(2)In addition to the foster parent training provided by community colleges, foster family agencies shall provide a program of training for their certified foster families.
(g)(1)Training certificates shall be submitted to the appropriate licensing or foster family agency.
(2)Upon completion, a licensed or certified parent shall submit a certificate of completion for the annual training requirements.
(h)Nothing in this section shall preclude a county or a foster family agency from requiring foster parent training in excess of the requirements in this section.
(i)This section shall become operative on January 1, 2017.
(j)This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
SEC. 3.Section 304.7 of the Welfare and Institutions Code is amended to read:304.7.(a)The Judicial Council shall develop and implement standards for the education and training of all judges who conduct hearings pursuant to Section 300. The training shall include, but not be limited to, all of the following:
(1)A component relating to Section 300 proceedings for newly appointed or elected judges and an annual training session in Section 300 proceedings.
(2)Cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth.
(3)The information described in subdivision (d) of Section 16501.4.
(4)The information described in subdivision (h) of Section 16521.5.
(b)A commissioner or referee who is assigned to conduct hearings held pursuant to Section 300 shall meet the minimum standards for education and training established pursuant to subdivision (a), by July 31, 1998.
(c)The Judicial Council shall submit an annual report to the Legislature on compliance by judges, commissioners, and referees with the education and training standards described in subdivisions (a) and (b).
SEC. 4.Section 16206 of the Welfare and Institutions Code is amended to read:16206.(a)The purpose of the program is to develop and implement statewide coordinated training programs designed specifically to meet the needs of county child protective services social workers assigned emergency response, family maintenance, family reunification, permanent placement, and adoption responsibilities. It is the intent of the Legislature that the program include training for other agencies under contract with county welfare departments to provide child welfare services. In addition, the program shall provide training programs for persons defined as a mandated reporter pursuant to the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code). The program shall provide the services required in this section to the extent possible within the total allocation. If allocations are insufficient, the department, in consultation with the grantee or grantees and the Child Welfare Training Advisory Board, shall prioritize the efforts of the program, giving primary attention to the most urgently needed services. County child protective services social workers assigned emergency response responsibilities shall receive first priority for training pursuant to this section.
(b)The training program shall provide practice-relevant training for mandated child abuse reporters and all members of the child welfare delivery system that will address critical issues affecting the well-being of children, and shall develop curriculum materials and training resources for use in meeting staff development needs of mandated child abuse reporters and child welfare personnel in public and private agency settings.
(c)The training provided pursuant to this section shall include all of the following:
(1)Crisis intervention.
(2)Investigative techniques.
(3)Rules of evidence.
(4)Indicators of abuse and neglect.
(5)Assessment criteria, including the application of guidelines for assessment of relatives for placement according to the criteria described in Section 361.3.
(6)Intervention strategies.
(7)Legal requirements of child protection, including requirements of child abuse reporting laws.
(8)Case management.
(9)Use of community resources.
(10)Information regarding the dynamics and effects of domestic violence upon families and children, including indicators and dynamics of teen dating violence.
(11)Posttraumatic stress disorder and the causes, symptoms, and treatment of posttraumatic stress disorder in children.
(12)The importance of maintaining relationships with individuals who are important to a child in out-of-home placement, including methods to identify those individuals, consistent with the childs best interests, including, but not limited to, asking the child about individuals who are important, and ways to maintain and support those relationships.
(13)The legal duties of a child protective services social worker, in order to protect the legal rights and safety of children and families from the initial time of contact during investigation through treatment.
(14)The information described in subdivision (d) of Section 16501.4.
(15)The information described in subdivision (h) of Section 16521.5. The program may use the curriculum created pursuant to subdivision (h) and described in (i) of Section 16521.5.
(d)The training provided pursuant to this section may also include any or all of the following:
(1)Child development and parenting.
(2)Intake, interviewing, and initial assessment.
(3)Casework and treatment.
(4)Medical aspects of child abuse and neglect.
(e)The training program in each county shall assess the programs performance at least annually and forward it to the State Department of Social Services for an evaluation. The assessment shall include, at a minimum, all of the following:
(1)Workforce data, including education, qualifications, and demographics.
(2)The number of persons trained.
(3)The type of training provided.
(4)The degree to which the training is perceived by participants as useful in practice.
(5)Any additional information or data deemed necessary by the department for reporting, oversight, and monitoring purposes.
(f)The training program shall provide practice-relevant training to county child protective services social workers who screen referrals for child abuse or neglect and for all workers assigned to provide emergency response, family maintenance, family reunification, and permanent placement services. The training shall be developed in consultation with the Child Welfare Training Advisory Board and domestic violence victims advocates and other public and private agencies that provide programs for victims of domestic violence or programs of intervention for perpetrators.
SEC. 5.Section 16501.1 of the Welfare and Institutions Code is amended to read:16501.1.(a)(1)The Legislature finds and declares that the foundation and central unifying tool in child welfare services is the case plan.
(2)The Legislature further finds and declares that a case plan ensures that the child receives protection and safe and proper care and case management, and that services are provided to the child and parents or other caretakers, as appropriate, in order to improve conditions in the parents home, to facilitate the safe return of the child to a safe home or the permanent placement of the child, and to address the needs of the child while in foster care.
(3)The agency shall consider the recommendations of the child and family team, as defined in Section 16501, if any are available. The agency shall document the rationale for any inconsistencies between the case plan and the child and family team recommendations.
(b)(1)A case plan shall be based upon the principles of this section and the input from the child and family team.
(2)The case plan shall document that a preplacement assessment of the service needs of the child and family, and preplacement preventive services, have been provided, and that reasonable efforts to prevent out-of-home placement have been made. Preplacement services may include intensive mental health services in the home or a community setting and the reasonable efforts made to prevent out-of-home placement.
(3)In determining the reasonable services to be offered or provided, the childs health and safety shall be the paramount concerns.
(4)Upon a determination pursuant to paragraph (1) of subdivision (e) of Section 361.5 that reasonable services will be offered to a parent who is incarcerated in a county jail or state prison, detained by the United States Department of Homeland Security, or deported to his or her country of origin, the case plan shall include information, to the extent possible, about a parents incarceration in a county jail or the state prison, detention by the United States Department of Homeland Security, or deportation during the time that a minor child of that parent is involved in dependency care.
(5)Reasonable services shall be offered or provided to make it possible for a child to return to a safe home environment, unless, pursuant to subdivisions (b) and (e) of Section 361.5, the court determines that reunification services shall not be provided.
(6)If reasonable services are not ordered, or are terminated, reasonable efforts shall be made to place the child in a timely manner in accordance with the permanent plan and to complete all steps necessary to finalize the permanent placement of the child.
(c)If out-of-home placement is used to attain case plan goals, the case plan shall consider the recommendations of the child and family team.
(d)(1)The case plan shall include a description of the type of home or institution in which the child is to be placed, and the reasons for that placement decision. The decision regarding choice of placement shall be based upon selection of a safe setting that is the least restrictive family setting that promotes normal childhood experiences and the most appropriate setting that meets the childs individual needs and is available, in proximity to the parents home, in proximity to the childs school, and consistent with the selection of the environment best suited to meet the childs special needs and best interests. The selection shall consider, in order of priority, placement with relatives, nonrelated extended family members, and tribal members; foster family homes, resource families, and nontreatment certified homes of foster family agencies; followed by treatment and intensive treatment certified homes of foster family agencies; or multidimensional treatment foster care homes or therapeutic foster care homes; group care placements in the order of short-term residential therapeutic programs, group homes, community treatment facilities, and out-of-state residential treatment pursuant to Part 5 (commencing with Section 7900) of Division 12 of the Family Code.
(2)If a short-term residential therapeutic program placement is selected for a child, the case plan shall indicate the needs of the child that necessitate this placement, the plan for transitioning the child to a less restrictive environment, and the projected timeline by which the child will be transitioned to a less restrictive environment. This section of the case plan shall be reviewed and updated at least semiannually.
(A)The case plan for placements in a group home, or commencing January 1, 2017, in a short-term residential therapeutic program, shall indicate that the county has taken into consideration Section 16010.8.
(B)After January 1, 2017, a child and family team meeting as described in Section 16501 shall be convened by the county placing agency for the purpose of identifying the supports and services needed to achieve permanency and enable the child or youth to be placed in the least restrictive family setting that promotes normal childhood experiences.
(3)On or after January 1, 2012, for a nonminor dependent, as defined in subdivision (v) of Section 11400, who is receiving AFDC-FC benefits and who is up to 21 years of age pursuant to Section 11403, in addition to the above requirements, the selection of the placement, including a supervised independent living placement, as described in subdivision (w) of Section 11400, shall also be based upon the developmental needs of young adults by providing opportunities to have incremental responsibilities that prepare a nonminor dependent to transition to successful adulthood. If admission to, or continuation in, a group home or short-term residential therapeutic program placement is being considered for a nonminor dependent, the group home or short-term residential therapeutic program placement approval decision shall include a youth-driven, team-based case planning process, as defined by the department, in consultation with stakeholders. The case plan shall consider the full range of placement options, and shall specify why admission to, or continuation in, a group home placement is the best alternative available at the time to meet the special needs or well-being of the nonminor dependent, and how the placement will contribute to the nonminor dependents transition to successful adulthood. The case plan shall specify the treatment strategies that will be used to prepare the nonminor dependent for discharge to a less restrictive family setting that promotes normal childhood experiences, including a target date for discharge from the group home placement. The placement shall be reviewed and updated on a regular, periodic basis to ensure that continuation in the group home placement remains in the best interests of the nonminor dependent and that progress is being made in achieving case plan goals leading to successful adulthood. The group home placement planning process shall begin as soon as it becomes clear to the county welfare department or probation office that a foster child in group home placement is likely to remain in group home placement on his or her 18th birthday, in order to expedite the transition to a less restrictive family setting that promotes normal childhood experiences, if he or she becomes a nonminor dependent. The case planning process shall include informing the youth of all of his or her options, including, but not limited to, admission to or continuation in a group home placement. Consideration for continuation of existing group home placement for a nonminor dependent under 19 years of age may include the need to stay in the same placement in order to complete high school. After a nonminor dependent either completes high school or attains his or her 19th birthday, whichever is earlier, continuation in or admission to a group home placement is prohibited unless the nonminor dependent satisfies the conditions of paragraph (5) of subdivision (b) of Section 11403, and group home placement functions as a short-term transition to the appropriate system of care. Treatment services provided by the group home placement to the nonminor dependent to alleviate or ameliorate the medical condition, as described in paragraph (5) of subdivision (b) of Section 11403, shall not constitute the sole basis to disqualify a nonminor dependent from the group home placement.
(4)In addition to the requirements of paragraphs (1) to (3), inclusive, and taking into account other statutory considerations regarding placement, the selection of the most appropriate home that will meet the childs special needs and best interests shall also promote educational stability by taking into consideration proximity to the childs school of origin, and school attendance area, the number of school transfers the child has previously experienced, and the childs school matriculation schedule, in addition to other indicators of educational stability that the Legislature hereby encourages the State Department of Social Services and the State Department of Education to develop.
(e)A written case plan shall be completed within a maximum of 60 days of the initial removal of the child or of the in-person response required under subdivision (f) of Section 16501 if the child has not been removed from his or her home, or by the date of the dispositional hearing pursuant to Section 358, whichever occurs first. The case plan shall be updated, as the service needs of the child and family dictate. At a minimum, the case plan shall be updated in conjunction with each status review hearing conducted pursuant to Sections 364, 366, 366.3, and 366.31, and the hearing conducted pursuant to Section 366.26, but no less frequently than once every six months. Each updated case plan shall include a description of the services that have been provided to the child under the plan and an evaluation of the appropriateness and effectiveness of those services.
(1)It is the intent of the Legislature that extending the maximum time available for preparing a written case plan from 30 to 60 days will afford caseworkers time to actively engage families, and to solicit and integrate into the case plan the input of the child and the childs family, as well as the input of relatives and other interested parties.
(2)The extension of the maximum time available for preparing a written case plan from 30 to 60 days shall be effective 90 days after the date that the department gives counties written notice that necessary changes have been made to the Child Welfare Services/Case Management System (CWS/CMS) to account for the 60-day timeframe for preparing a written case plan.
(f)The child welfare services case plan shall be comprehensive enough to meet the juvenile court dependency proceedings requirements pursuant to Article 6 (commencing with Section 300) of Chapter 2 of Part 1 of Division 2.
(g)The case plan shall be developed considering the recommendations of the child and family team, as follows:
(1)The case plan shall be based upon an assessment of the circumstances that required child welfare services intervention. The child shall be involved in developing the case plan as age and developmentally appropriate.
(2)The case plan shall identify specific goals and the appropriateness of the planned services in meeting those goals.
(3)The case plan shall identify the original allegations of abuse or neglect, as defined in Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the conditions cited as the basis for declaring the child a dependent of the court pursuant to Section 300, or all of these, and the other precipitating incidents that led to child welfare services intervention.
(4)The case plan shall include a description of the schedule of the placement agency contacts with the child and the family or other caretakers. The frequency of these contacts shall be in accordance with regulations adopted by the State Department of Social Services. If the child has been placed in foster care out of state, the county social worker or probation officer, or a social worker or probation officer on the staff of the agency in the state in which the child has been placed, shall visit the child in a foster family home or the home of a relative, consistent with federal law and in accordance with the departments approved state plan. For children in out-of-state group home facilities, visits shall be conducted at least monthly, pursuant to Section 16516.5. At least once every six months, at the time of a regularly scheduled placement agency contact with the foster child, and at each placement change, the childs social worker or probation officer shall inform the child, the care provider, and the child and family team, if applicable, of the childs rights as a foster child, as specified in Section 16001.9, and shall provide a written copy of the rights to the child as part of the explanation. The social worker or probation officer shall provide the information to the child in a manner appropriate to the age or developmental level of the child. The social worker or probation officer shall document in the case plan that he or she has informed the child of, and has provided the child with a written copy of, his or her rights.
(5)(A)When out-of-home services are used, the frequency of contact between the natural parents or legal guardians and the child shall be specified in the case plan. The frequency of those contacts shall reflect overall case goals, and consider other principles outlined in this section.
(B)Information regarding any court-ordered visitation between the child and the natural parents or legal guardians, and the terms and conditions needed to facilitate the visits while protecting the safety of the child, shall be provided to the childs out-of-home caregiver as soon as possible after the court order is made.
(6)When out-of-home placement is made, the case plan shall include provisions for the development and maintenance of sibling relationships as specified in subdivisions (b), (c), and (d) of Section 16002. If appropriate, when siblings who are dependents of the juvenile court are not placed together, the social worker for each child, if different, shall communicate with each of the other social workers and ensure that the childs siblings are informed of significant life events that occur within their extended family. Unless it has been determined that it is inappropriate in a particular case to keep siblings informed of significant life events that occur within the extended family, the social worker shall determine the appropriate means and setting for disclosure of this information to the child commensurate with the childs age and emotional well-being. These significant life events shall include, but shall not be limited to, the following:
(A)The death of an immediate relative.
(B)The birth of a sibling.
(C)Significant changes regarding a dependent child, unless the child objects to the sharing of the information with his or her siblings, including changes in placement, major medical or mental health diagnoses, treatments, or hospitalizations, arrests, and changes in the permanent plan.
(7)If out-of-home placement is made in a foster family home, group home, or other child care institution that is either a substantial distance from the home of the childs parent or out of state, the case plan shall specify the reasons why that placement is in the best interest of the child. When an out-of-state group home placement is recommended or made, the case plan shall, in addition, specify compliance with Section 7911.1 of the Family Code.
(8)A case plan shall ensure the educational stability of the child while in foster care and shall include both of the following:
(A)An assurance that the placement takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement.
(B)An assurance that the placement agency has coordinated with the person holding the right to make educational decisions for the child and appropriate local educational agencies to ensure that the child remains in the school in which the child is enrolled at the time of placement or, if remaining in that school is not in the best interests of the child, assurances by the placement agency and the local educational agency to provide immediate and appropriate enrollment in a new school and to provide all of the childs educational records to the new school.
(9)(A)If out-of-home services are used, or if parental rights have been terminated and the case plan is placement for adoption, the case plan shall include a recommendation regarding the appropriateness of unsupervised visitation between the child and any of the childs siblings. This recommendation shall include a statement regarding the childs and the siblings willingness to participate in unsupervised visitation. If the case plan includes a recommendation for unsupervised sibling visitation, the plan shall also note that information necessary to accomplish this visitation has been provided to the child or to the childs siblings.
(B)Information regarding the schedule and frequency of the visits between the child and siblings, as well as any court-ordered terms and conditions needed to facilitate the visits while protecting the safety of the child, shall be provided to the childs out-of-home caregiver as soon as possible after the court order is made.
(10)If out-of-home services are used and the goal is reunification, the case plan shall describe the services to be provided to assist in reunification and the services to be provided concurrently to achieve legal permanency if efforts to reunify fail. The plan shall also consider in-state and out-of-state placements, the importance of developing and maintaining sibling relationships pursuant to Section 16002, and the desire and willingness of the caregiver to provide legal permanency for the child if reunification is unsuccessful.
(11)If out-of-home services are used, the child has been in care for at least 12 months, and the goal is not adoptive placement, the case plan shall include documentation of the compelling reason or reasons why termination of parental rights is not in the childs best interest. A determination completed or updated within the past 12 months by the department when it is acting as an adoption agency or by a licensed adoption agency that it is unlikely that the child will be adopted, or that one of the conditions described in paragraph (1) of subdivision (c) of Section 366.26 applies, shall be deemed a compelling reason.
(12)(A)Parents and legal guardians shall have an opportunity to review the case plan, and to sign it whenever possible, and then shall receive a copy of the plan. In a voluntary service or placement agreement, the parents or legal guardians shall be required to review and sign the case plan. Whenever possible, parents and legal guardians shall participate in the development of the case plan. Commencing January 1, 2012, for nonminor dependents, as defined in subdivision (v) of Section 11400, who are receiving AFDC-FC or CalWORKs assistance and who are up to 21 years of age pursuant to Section 11403, the transitional independent living case plan, as set forth in subdivision (y) of Section 11400, shall be developed with, and signed by, the nonminor.
(B)Parents and legal guardians shall be advised that, pursuant to Section 1228.1 of the Evidence Code, neither their signature on the child welfare services case plan nor their acceptance of any services prescribed in the child welfare services case plan shall constitute an admission of guilt or be used as evidence against the parent or legal guardian in a court of law. However, they shall also be advised that the parents or guardians failure to cooperate, except for good cause, in the provision of services specified in the child welfare services case plan may be used in any hearing held pursuant to Section 366.21, 366.22, or 366.25 of this code as evidence.
(13)A child shall be given a meaningful opportunity to participate in the development of the case plan and state his or her preference for foster care placement. A child who is 12 years of age or older and in a permanent placement shall also be given the opportunity to review the case plan, sign the case plan, and receive a copy of the case plan.
(14)The case plan shall be included in the court report and shall be considered by the court at the initial hearing and each review hearing. Modifications to the case plan made during the period between review hearings need not be approved by the court if the casework supervisor for that case determines that the modifications further the goals of the plan. If out-of-home services are used with the goal of family reunification, the case plan shall consider and describe the application of subdivision (b) of Section 11203.
(15)(A)If the case plan has as its goal for the child a permanent plan of adoption or legal guardianship, it shall include a statement of the childs wishes regarding their permanent placement plan and an assessment of those stated wishes. The agency shall also include documentation of the steps the agency is taking to find an adoptive family or other permanent living arrangements for the child; to place the child with an adoptive family, an appropriate and willing relative, or a legal guardian, and to finalize the adoption or legal guardianship. At a minimum, the documentation shall include child-specific recruitment efforts, such as the use of state, regional, and national adoption exchanges, including electronic exchange systems, when the child has been freed for adoption. Regardless of whether the child has been freed for adoption, documentation shall include a description of any barriers to achieving legal permanence and the steps the agency will take to address those barriers. If the plan is for kinship guardianship, the case plan shall document how the child meets the kinship guardianship eligibility requirements.
(B)When the child is 16 years of age or older and is in another planned permanent living arrangement, the case plan shall identify the intensive and ongoing efforts to return the child to the home of the parent, place the child for adoption, place the child for tribal customary adoption in the case of an Indian child, establish a legal guardianship, or place the child nonminor dependent with a fit and willing relative, as appropriate. Efforts shall include the use of technology, including social media, to find biological family members of the child.
(16)(A)(i)For a child who is 14 or 15 years of age, the case plan shall include a written description of the programs and services that will help the child, consistent with the childs best interests, to prepare for the transition from foster care to successful adulthood. The description may be included in the document described in subparagraph (A) of paragraph (18).
(ii)When appropriate, for a child who is 16 years of age or older and, commencing January 1, 2012, for a nonminor dependent, the case plan shall include the transitional independent living plan (TILP), a written description of the programs and services that will help the child, consistent with the childs best interests, to prepare for the transition from foster care to successful adulthood, and, in addition, whether the youth has an in-progress application pending for Title XVI Supplemental Security Income benefits or for Special Immigrant Juvenile Status special immigrant juvenile status or other applicable application for legal residency and an active dependency case is required for that application. When appropriate, for a nonminor dependent, the transitional independent living case plan, as described in subdivision (v) of Section 11400, shall include the TILP, a written description of the programs and services that will help the nonminor dependent, consistent with his or her best interests, to prepare for transition from foster care and assist the youth in meeting the eligibility criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403. If applicable, the case plan shall describe the individualized supervision provided in the supervised independent living placement as defined in subdivision (w) of Section 11400. The case plan shall be developed with the child or nonminor dependent and individuals identified as important to the child or nonminor dependent, and shall include steps the agency is taking to ensure that the child or nonminor dependent achieves permanence, including maintaining or obtaining permanent connections to caring and committed adults.
(B)During the 90-day period prior to the participant attaining 18 years of age or older as the state may elect under Section 475(8)(B)(iii) of the federal Social Security Act (42 U.S.C. Sec. 675(8)(B)(iii)), whether during that period foster care maintenance payments are being made on the childs behalf or the child is receiving benefits or services under Section 477 of the federal Social Security Act (42 U.S.C. Sec. 677), a caseworker or other appropriate agency staff or probation officer and other representatives of the participant, as appropriate, shall provide the youth or nonminor dependent with assistance and support in developing the written 90-day transition plan, that is personalized at the direction of the child, information as detailed as the participant elects that shall include, but not be limited to, options regarding housing, health insurance, education, local opportunities for mentors and continuing support services, and workforce supports and employment services, a power of attorney for health care, and information regarding the advance health care directive form. Information provided regarding health insurance options shall include verification that the eligible youth or nonminor is enrolled in Medi-Cal and a description of the steps that have been or will be taken by the youths social worker or probation officer to ensure that the eligible youth or nonminor is transitioned into the Medi-Cal program for former foster youth upon case closure with no interruption in coverage and with no new application being required, as provided in Section 14005.28.
(C)For youth 14 years of age or older, the case plan shall include documentation that a consumer credit report was requested annually from each of the three major credit reporting agencies at no charge to the youth and that any results were provided to the youth. For nonminor dependents, the case plan shall include documentation that the county assisted the nonminor dependent in obtaining his or her reports. The case plan shall include documentation of barriers, if any, to obtaining the credit reports. If the consumer credit report reveals any accounts, the case plan shall detail how the county ensured the youth received assistance with interpreting the credit report and resolving any inaccuracies, including any referrals made for the assistance.
(17)For youth 14 years of age or older and nonminor dependents, the case plan shall be developed in consultation with the youth. At the youths option, the consultation may include up to two members of the case planning team who are chosen by the youth and who are not foster parents of, or caseworkers for, the youth. The agency, at any time, may reject an individual selected by the youth to be a member of the case planning team if the agency has good cause to believe that the individual would not act in the youths best interest. One individual selected by the youth to be a member of the case planning team may be designated to be the youths adviser and advocate with respect to the application of the reasonable and prudent parent standard to the youth, as necessary.
(18)For youth in foster care 14 years of age and older and nonminor dependents, the case plan shall include both of the following:
(A)A document that describes the youths rights with respect to education, health, visitation, and court participation, the right to be annually provided with copies of his or her credit reports at no cost while in foster care pursuant to Section 10618.6, and the right to stay safe and avoid exploitation.
(B)A signed acknowledgment by the youth that he or she has been provided a copy of the document and that the rights described in the document have been explained to the youth in an age-appropriate manner.
(19)The case plan for a child or nonminor dependent who is, or who is at risk of becoming, the victim of commercial sexual exploitation, shall document the services provided to address that issue.
(20)For youth in foster care 10 years of age and older and nonminor dependents, the case plan shall include documentation that at least once before 12 years of age, at least once between 12 and 14 years of age, at least two times between 15 and 18 years of age, and at least once between the 19 and 21 years of age, the youth has received comprehensive sexual health education that meets the requirements established in Chapter 5.6 (commencing with Section 51930) of Part 28 of Division 4 of Title 2 of the Education Code. If the youth or nonminor dependent has not received this instruction through school, the case plan shall document how the county will ensure that the youth receives education through an alternative source that meets the standards established in Chapter 5.6 (commencing with Section 51930) of Part 28 of Division 4 of Title 2 of the Education Code.
(21)For youth in foster care 10 years of age and older, the case plan shall be updated yearly to identify how, during the upcoming year, the agency will ensure the youth has access to age-appropriate, medically accurate information on puberty, reproductive and sexual health care, the prevention of unplanned pregnancies, and the prevention, diagnosis, and treatment of sexually transmitted infections, and how the agency will ensure the youth is not facing any barriers to accessing reproductive and sexual health care services or treatment.
(h)If the court finds, after considering the case plan, that unsupervised sibling visitation is appropriate and has been consented to, the court shall order that the child or the childs siblings, the childs current caregiver, and the childs prospective adoptive parents, if applicable, be provided with information necessary to accomplish this visitation. This section does not require or prohibit the social workers facilitation, transportation, or supervision of visits between the child and his or her siblings.
(i)The case plan documentation on sibling placements required under this section shall not require modification of existing case plan forms until the Child Welfare Services/Case Management System (CWS/CMS) is implemented on a statewide basis.
(j)When a child is 10 years of age or older and has been in out-of-home placement for six months or longer, the case plan shall include an identification of individuals, other than the childs siblings, who are important to the child and actions necessary to maintain the childs relationship with those individuals, provided that those relationships are in the best interest of the child. The social worker or probation officer shall ask every child who is 10 years of age or older and who has been in out-of-home placement for six months or longer to identify individuals other than the childs siblings who are important to the child, and may ask any other child to provide that information, or may seek that information from the child and family team, as appropriate. The social worker or probation officer shall make efforts to identify other individuals who are important to the child, consistent with the childs best interests.
(k)The childs caregiver shall be provided a copy of a plan outlining the childs needs and services. The nonminor dependents caregiver shall be provided with a copy of the nonminors TILP.
(l)Each county shall ensure that the total number of visits made by caseworkers on a monthly basis to children in foster care during a federal fiscal year is not less than 95 percent of the total number of those visits that would occur if each child were visited once every month while in care and that the majority of the visits occur in the residence of the child. The county child welfare and probation departments shall comply with data reporting requirements that the department deems necessary to comply with the federal Child and Family Services Improvement Act of 2006 (Public Law 109-288) and the federal Child and Family Services Improvement and Innovation Act (Public Law 112-34).
(m)The implementation and operation of the amendments to subdivision (i) enacted at the 200506 Regular Session shall be subject to appropriation through the budget process and by phase, as provided in Section 366.35.
SEC. 6.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)(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) 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) 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). 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)(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) 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).
(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).
(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)(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)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)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) 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). To the extent that adequate resources are available, complaints shall be investigated by a worker who did not initially conduct the home environment or psychosocial assessments.
(C)Upon conclusion of the complaint investigation, the final disposition shall be reviewed and approved by a supervising staff member.
(D)The department shall be notified of any serious incidents or serious complaints or any incident that falls within the definition of Section 11165.5 of the Penal Code. If those incidents or complaints result in an investigation, the department shall also be notified as to the status and disposition of that investigation.
(9)Performing corrective action as required by the department.
(10)Assessing county performance in related areas of the California Child and Family Services Review System, and remedying problems identified.
(11)Submitting information and data that the department determines is necessary to study, monitor, and prepare the report specified in paragraph (6) of subdivision (f).
(12)Ensuring resource family applicants and resource families have the necessary knowledge, skills, and abilities to support children in foster care by completing caregiver training. The training should include a curriculum that supports the role of a resource family in parenting vulnerable children and should be ongoing in order to provide resource families with information on trauma-informed practices and requirements and other topics within the foster care system.
(13)Ensuring that a resource family applicant completes a minimum of 12 hours of preapproval caregiver training. The training shall include, but not be limited to, all of the following courses:
(A)An overview of the child protective and probation systems.
(B)The effects of trauma, including grief and loss, and child abuse and neglect, on child development and behavior, and methods to behaviorally support children impacted by that trauma or child abuse and neglect.
(C)Positive discipline and the importance of self-esteem.
(D)Health issues in foster care.
(E)Accessing services and supports to address education needs, physical, mental, and behavioral health, and substance use disorders, including culturally relevant services.
(F)The rights of a child in foster care, and the resource 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 former Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(I)Permanence, well-being, and education needs of children.
(J)Child and adolescent development, including sexual orientation, gender identity, and expression.
(K)The role of resource families, including working cooperatively with the child welfare or probation agency, the childs family, and other service providers implementing the case plan.
(L)The role of a resource family on the child and family team as defined in paragraph (4) of subdivision (a) of Section 16501.
(M)A resource familys responsibility to act as a reasonable and prudent parent, 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).
(O)The information described in subdivision (h) of Section 16521.5. The program may use the curriculum created pursuant to subdivision (h) and described in subdivision (i) of Section 16521.5.
(14)Ensuring approved resource families complete a minimum of eight hours of caregiver training annually, a portion of which shall be from subparagraph (M) of paragraph (13) and from one or more of the other topics listed in paragraph (13).
(h)In addition to any training required by this section, a county may require a resource family or applicant to receive relevant specialized training for the purpose of preparing the resource family to meet the needs of a particular child in care. This training may include, but is not limited to, the following:
(1)Understanding how to use best practices for providing care and supervision to commercially sexually exploited children.
(2)Understanding how to use best practices for providing care and supervision to lesbian, gay, bisexual, and transgender children.
(3)Understanding the requirements and best practices regarding psychotropic medications, including, but not limited to, court authorization, benefits, uses, side effects, interactions, assistance with self-administration, misuse, documentation, storage, and metabolic monitoring of children prescribed psychotropic medications.
(4)Understanding the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), its historical significance, the rights of children covered by the act, and the best interests of Indian children, including the role of the caregiver in supporting culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership and connection to the tribal community and traditions.
(5)Understanding how to use best practices for providing care and supervision to nonminor dependents.
(6)Understanding how to use best practices for providing care and supervision to children with special health care needs.
(7)Understanding the different permanency options and the services and benefits associated with the options.
(i)Nothing in this section shall preclude a county from requiring training in excess of the requirements in this section.
(j)(1)Resource families who move home locations shall retain their resource family status pending the outcome of the update conducted pursuant to paragraph (6) of subdivision (g).
(2)(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 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)Implementation of the program shall be contingent upon the continued availability of federal Social Security Act Title IV-E (42 U.S.C. Sec. 670) funds for costs associated with placement of children with resource families assessed and approved under the program.
(l)A child placed with a resource family 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)Sharing ratios for nonfederal expenditures for all costs associated with activities related to the approval of relatives and nonrelative extended family members shall be in accordance with Section 10101.
(n)The Department of Justice shall charge fees sufficient to cover the cost of initial or subsequent criminal offender record information and Child Abuse Central Index searches, processing, or responses, as specified in this section.
(o)Except as provided, approved resource families shall be exempt from both of the following:
(1)Licensure requirements set forth under the Community Care Facilities Act, commencing with Section 1500 of the Health and Safety Code, and all regulations promulgated thereto.
(2)Relative and nonrelative extended family member approval requirements set forth under Sections 309, 361.4, and 362.7, and all regulations promulgated thereto.
(p)(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)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)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)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)A resource family approved pursuant to this section shall forfeit its approval concurrent with resource family approval by a foster family agency.
SEC. 6.SEC. 7.Section 16521.5 of the Welfare and Institutions Code is amended to read:16521.5.(a)A foster care provider, in consultation with the county case manager, shall be responsible for ensuring that adolescents, including nonminor dependents, as described in subdivision (v) of Section 11400, who remain in long-term foster care, as defined by the department, receive age-appropriate pregnancy prevention information to the extent state and county resources are provided.
(b)A foster care provider, in consultation with the county case manager, shall be responsible for ensuring that a foster youth or nonminor dependent is provided with appropriate referrals to health services when the foster youth either reaches 18 years of age or the nonminor dependent exits foster care, and to the extent county and state resources are provided.
(c)As part of the home study process, the prospective foster care provider shall notify the county if he or she objects to participating in adolescent pregnancy prevention training or the dissemination of information pursuant to subdivisions (a) and (b). A licensed foster care provider shall notify the county if he or she objects to participation. If the provider objects, the county case manager shall assume this responsibility.
(d)Subdivisions (a), (b), and (c) shall not take effect until the department, in consultation with the workgroup, develops guidelines that describe the duties and responsibilities of foster care providers and county case managers in delivering pregnancy prevention services and information.
(e)(1)The department, in consultation with the State Department of Health Services, shall convene a working group for the purpose of developing a pregnancy prevention plan that will effectively address the needs of adolescent male and female foster youth. The workgroup shall meet not more than three times and thereafter shall provide consultation to the department upon request.
(2)The working group shall include representatives from the California Youth Connection, the Foster Parents California State Foster Parents Association, group home provider associations, the County Welfare Directors Association, providers of teen pregnancy prevention programs, a foster care case worker, an expert in pregnancy prevention curricula, a representative of the Independent Living Program, and an adolescent health professional.
(f)The plan required pursuant to subdivision (e) shall include, but not be limited to, all of the following:
(1)Effective strategies and programs for preteen and older teen foster youth and nonminor dependents.
(2)The role of foster care and group home care providers.
(3)The role of the assigned case management worker.
(4)How to involve foster youth and nonminor peers.
(5)Selecting and providing appropriate materials to educate foster youth and nonminors in family life education.
(6)The training of foster care and group home care providers and, when necessary, county case managers in adolescent pregnancy prevention.
(g)Counties currently mandating foster care provider training shall be encouraged to include the pregnancy prevention curricula guidelines and educational materials that may be developed by the workgroup pursuant to subdivision (f).
(h)In order to train case management workers and foster care providers, the department shall develop a curriculum that is consistent with, and in addition to, the pregnancy prevention plan and the curricula guidelines and educational materials developed by the workgroup pursuant to subdivisions (e) and (f) and that addresses, at a minimum, all of the following: (f).
(i)The curriculum created pursuant to subdivision (h) shall include, but not be limited to, all of the following:
(1)The rights of youth and nonminor dependents in foster care to sexual and reproductive health care and information, to confidentiality of sensitive health information, and the reasonable prudent parent standard.
(2)How to document sensitive health information, including, but not limited to, sexual and reproductive health issues, in a case plan.
(3)The duties and responsibilities of the assigned case management worker and the foster care provider in ensuring youth and nonminor dependents in foster care can obtain sexual and reproductive health services and information.
(4)Guidance about how to engage and talk with youth and nonminor dependents about healthy sexual development and reproductive and sexual health in a manner that is medically accurate, developmentally and age-appropriate, trauma-informed, and strengths based.
(5)Information about current contraception methods and how to select and provide appropriate referral resources and materials for information and service delivery.
(i)(j)The department shall adopt regulations to implement this section.
SEC. 7.SEC. 8.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)(1)The department, in consultation and collaboration with county placement officials, group home provider organizations, the Director of Health Care Services, and the Director of Developmental Services, shall develop and establish an administrator certification training program to ensure that administrators of group home facilities have appropriate training to provide the care and services for which a license or certificate is issued.
(2)The department shall develop and establish an administrator certification training program to ensure that administrators of short-term residential therapeutic program facilities have appropriate training to provide the care and services for which a license or certificate is issued.
(b)(1)In addition to any other requirements or qualifications required by the department, an administrator of a group home or short-term residential therapeutic program shall successfully complete a specified department-approved training certification program, pursuant to subdivision (c), prior to employment.
(2)In those cases when the individual is both the licensee and the administrator of a facility, the individual shall comply with all of the licensee and administrator requirements of this section.
(3)Failure to comply with this section shall constitute cause for revocation of the license of the facility.
(4)The licensee shall notify the department within 10 days of any change in administrators.
(c)(1)The administrator certification programs for group homes shall require a minimum of 40 hours of classroom instruction that provides training on a uniform core of knowledge in each of the following areas:
(A)Laws, regulations, and policies and procedural standards that impact the operations of the type of facility for which the applicant will be an administrator.
(B)Business operations.
(C)Management and supervision of staff.
(D)Psychosocial and educational needs of the facility residents, including, but not limited to, the information described in subdivision (d) of Section 16501.4 of the Welfare and Institutions Code.
(E)Community and support services.
(F)Physical needs of facility residents.
(G)Assistance with self-administration, storage, misuse, and interaction of medication used by facility residents.
(H)Resident admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(I)Instruction on cultural competency and sensitivity and related best practices for providing adequate care for children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender.
(J)Nonviolent emergency intervention and reporting requirements.
(K)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(L)The information described in subdivision (h) of Section 16521.5.
(2)The administrator certification programs for short-term residential therapeutic programs shall require a minimum of 40 hours of classroom instruction that provides training on a uniform core of knowledge in each of the following areas:
(A)Laws, regulations, and policies and procedural standards that impact the operations of the type of facility for which the applicant will be an administrator.
(B)Business operations and management and supervision of staff, including staff training.
(C)Physical and psychosocial needs of the children, including behavior management, de-escalation techniques, and trauma informed crisis management planning.
(D)Permanence, well-being, and educational needs of the children.
(E)Community and support services, including accessing local behavioral and mental health supports and interventions, substance use disorder treatments, and culturally relevant services, as appropriate.
(F)Understanding the requirements and best practices regarding psychotropic medications, including, but not limited to, court authorization, uses, benefits, side effects, interactions, assistance with self-administration, misuse, documentation, storage, and metabolic monitoring of children prescribed psychotropic medications.
(G)Admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(H)The federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), its historical significance, the rights of children covered by the act, and the best interests of Indian children as including culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership, and connection to the tribal community and traditions.
(I)Instruction on cultural competency and sensitivity and related best practices for providing adequate care for children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender.
(J)Nonviolent emergency intervention and reporting requirements.
(K)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(L)The information described in subdivision (h) of Section 16521.5.
(d)Administrators who possess a valid group home license, issued by the department, are exempt from completing an approved initial certification training program and taking a written test, provided the individual completes 12 hours of classroom instruction in the following uniform core of knowledge areas:
(1)Laws, regulations, and policies and procedural standards that impact the operations of a short-term residential therapeutic program.
(2)(A)Authorization, uses, benefits, side effects, interactions, assistance with self-administration, misuse, documentation, and storage of medications.
(B)Metabolic monitoring of children prescribed psychotropic medications.
(3)Admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(4)The federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), its historical significance, the rights of children covered by the act, and the best interests of Indian children as including culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership, and connection to the tribal community and traditions.
(5)Instruction on cultural competency and sensitivity and related best practices for providing adequate care for children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender.
(6)Physical and psychosocial needs of children, including behavior management, deescalation techniques, and trauma informed crisis management planning.
(e)Individuals applying for administrator certification under this section shall successfully complete an approved administrator certification training program, pass a written test administered by the department within 60 days of completing the program, and submit to the department the documentation required by subdivision (f) within 30 days after being notified of having passed the test. The department may extend these time deadlines for good cause. The department shall notify the applicant of his or her test results within 30 days of administering the test.
(f)The department shall not begin the process of issuing a certificate until receipt of all of the following:
(1)A certificate of completion of the administrator training required pursuant to this chapter.
(2)The fee required for issuance of the certificate. A fee of one hundred dollars ($100) shall be charged by the department to cover the costs of processing the application for certification.
(3)Documentation from the applicant that he or she has passed the written test.
(4)Submission of fingerprints pursuant to Section 1522. The department may waive the submission for those persons who have a current clearance on file.
(5)That person is at least 21 years of age.
(g)It shall be unlawful for any person not certified under this section to hold himself or herself out as a certified administrator of a group home or short-term residential therapeutic program. Any person willfully making any false representation as being a certified administrator or facility manager is guilty of a misdemeanor.
(h)(1)Certificates issued under this section shall be renewed every two years and renewal shall be conditional upon the certificate holder submitting documentation of completion of 40 hours of continuing education related to the core of knowledge specified in subdivision (c). No more than one-half of the required 40 hours of continuing education necessary to renew the certificate may be satisfied through online courses. All other continuing education hours shall be completed in a classroom setting. For purposes of this section, an individual who is a group home or short-term residential therapeutic program administrator and who is required to complete the continuing education hours required by the regulations of the State Department of Developmental Services, and approved by the regional center, may have up to 24 of the required continuing education course hours credited toward the 40-hour continuing education requirement of this section. The department shall accept for certification, community college course hours approved by the regional centers.
(2)Every administrator of a group home or short-term residential therapeutic program shall complete the continuing education requirements of this subdivision.
(3)Certificates issued under this section shall expire every two years on the anniversary date of the initial issuance of the certificate, except that any administrator receiving his or her initial certification on or after July 1, 1999, shall make an irrevocable election to have his or her recertification date for any subsequent recertification either on the date two years from the date of issuance of the certificate or on the individuals birthday during the second calendar year following certification. The department shall send a renewal notice to the certificate holder 90 days prior to the expiration date of the certificate. If the certificate is not renewed prior to its expiration date, reinstatement shall only be permitted after the certificate holder has paid a delinquency fee equal to three times the renewal fee and has provided evidence of completion of the continuing education required.
(4)To renew a certificate, the certificate holder shall, on or before the certificate expiration date, request renewal by submitting to the department documentation of completion of the required continuing education courses and pay the renewal fee of one hundred dollars ($100), irrespective of receipt of the departments notification of the renewal. A renewal request postmarked on or before the expiration of the certificate shall be proof of compliance with this paragraph.
(5)A suspended or revoked certificate shall be subject to expiration as provided for in this section. If reinstatement of the certificate is approved by the department, the certificate holder, as a condition precedent to reinstatement, shall submit proof of compliance with paragraphs (1) and (2) of this subdivision, and shall pay a fee in an amount equal to the renewal fee, plus the delinquency fee, if any, accrued at the time of its revocation or suspension. Delinquency fees, if any, accrued subsequent to the time of its revocation or suspension and prior to an order for reinstatement, shall be waived for a period of 12 months to allow the individual sufficient time to complete the required continuing education units and to submit the required documentation. Individuals whose certificates will expire within 90 days after the order for reinstatement may be granted a three-month extension to renew their certificates during which time the delinquency fees shall not accrue.
(6)A certificate that is not renewed within four years after its expiration shall not be renewed, restored, reissued, or reinstated except upon completion of a certification training program, passing any test that may be required of an applicant for a new certificate at that time, and paying the appropriate fees provided for in this section.
(7)A fee of twenty-five dollars ($25) shall be charged for the reissuance of a lost certificate.
(8)A certificate holder shall inform the department of his or her employment status and change of mailing address within 30 days of any change.
(i)Unless otherwise ordered by the department, the certificate shall be considered forfeited under either of the following conditions:
(1)The department has revoked any license held by the administrator after the department issued the certificate.
(2)The department has issued an exclusion order against the administrator pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897, after the department issued the certificate, and the administrator did not appeal the exclusion order or, after the appeal, the department issued a decision and order that upheld the exclusion order.
(j)(1)The department, in consultation and collaboration with county placement officials, provider organizations, the State Department of Health Care Services, and the State Department of Developmental Services, shall establish, by regulation, the program content, the testing instrument, the process for approving administrator certification training programs, and criteria to be used in authorizing individuals, organizations, or educational institutions to conduct certification training programs and continuing education courses. The department may also grant continuing education hours for continuing courses offered by accredited educational institutions that are consistent with the requirements in this section. The department may deny vendor approval to any agency or person in any of the following circumstances:
(A)The applicant has not provided the department with evidence satisfactory to the department of the ability of the applicant to satisfy the requirements of vendorization set out in the regulations adopted by the department.
(B)The applicant person or agency has a conflict of interest in that the person or agency places its clients in group homes or short-term residential therapeutic programs.
(C)The applicant public or private agency has a conflict of interest in that the agency is mandated to place clients in group homes or short-term residential therapeutic programs and to pay directly for the services. The department may deny vendorization to this type of agency only as long as there are other vendor programs available to conduct the certification training programs and conduct education courses.
(2)The department may authorize vendors to conduct the administrators certification training program pursuant to this section. The department shall conduct the written test pursuant to regulations adopted by the department.
(3)The department shall prepare and maintain an updated list of approved training vendors.
(4)The department may inspect administrator certification training programs and continuing education courses, including online courses, at no charge to the department, to determine if content and teaching methods comply with regulations. If the department determines that any vendor is not complying with the requirements of this section, the department shall take appropriate action to bring the program into compliance, which may include removing the vendor from the approved list.
(5)The department shall establish reasonable procedures and timeframes not to exceed 30 days for the approval of vendor training programs.
(6)The department may charge a reasonable fee, not to exceed one hundred fifty dollars ($150) every two years, to certification program vendors for review and approval of the initial 40-hour training program pursuant to subdivision (c). The department may also charge the vendor a fee, not to exceed one hundred dollars ($100) every two years, for the review and approval of the continuing education courses needed for recertification pursuant to this subdivision.
(7)(A)A vendor of online programs for continuing education shall ensure that each online course contains all of the following:
(i)An interactive portion in which the participant receives feedback, through online communication, based on input from the participant.
(ii)Required use of a personal identification number or personal identification information to confirm the identity of the participant.
(iii)A final screen displaying a printable statement, to be signed by the participant, certifying that the identified participant completed the course. The vendor shall obtain a copy of the final screen statement with the original signature of the participant prior to the issuance of a certificate of completion. The signed statement of completion shall be maintained by the vendor for a period of three years and be available to the department upon demand. Any person who certifies as true any material matter pursuant to this clause that he or she knows to be false is guilty of a misdemeanor.
(B)Nothing in this subdivision shall prohibit the department from approving online programs for continuing education that do not meet the requirements of subparagraph (A) if the vendor demonstrates to the departments satisfaction that, through advanced technology, the course and the course delivery meet the requirements of this section.
(k)The department shall establish a registry for holders of certificates that shall include, at a minimum, information on employment status and criminal record clearance.
(l)Notwithstanding any law to the contrary, vendors approved by the department who exclusively provide either initial or continuing education courses for certification of administrators of a group home or short-term residential therapeutic program as defined by regulations of the department, an adult residential facility as defined by regulations of the department, or a residential care facility for the elderly as defined in subdivision (k) of Section 1569.2, shall be regulated solely by the department pursuant to this chapter. No other state or local governmental entity shall be responsible for regulating the activity of those vendors.
SEC. 2.Section 1529.2 of the Health and Safety Code is amended to read:1529.2.(a)It is the intent of the Legislature that all foster parents have the necessary knowledge, skills, and abilities to support the safety, permanency, and well-being of children in foster care. Initial and ongoing preparation and training of foster parents should support the foster parents role in parenting vulnerable children, youth, and young adults, including supporting the childrens connection with their families. Their training should be ongoing in order to provide foster parents with information on new practices and requirements and other helpful topics within the child welfare and probation systems and may be offered in a classroom setting, online, or individually.
(b)A licensed or certified foster parent shall complete a minimum of eight training hours annually, a portion of which shall be from one or more of the following topics, as prescribed by the department, pursuant to subdivision (a):
(1)Age-appropriate child and adolescent development.
(2)Health issues in foster care, including, but not limited to, the authorization, uses, risks, benefits, assistance with self-administration, oversight, and monitoring of psychotropic or other medications, and trauma, mental health, and substance use disorder treatments for children in foster care under the jurisdiction of the juvenile court, including how to access those treatments. Health issues in foster care, including, but not limited to, the authorization, uses, risks, benefits, assistance with self-administration, oversight, and monitoring of psychotropic or other medications, and trauma, mental health, and substance use disorder treatments for children in foster care under the jurisdiction of the juvenile court, including how to access those treatments, as the information is also described in subdivision (d) of Section 16501.4 of the Welfare and Institutions Code.
(3)Positive discipline and the importance of self-esteem.
(4)Preparation of children and youth for a successful transition to adulthood.
(5)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(6)Instruction on cultural competency and sensitivity and related best practices for providing adequate care for children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender.
(7)The information described in subdivision (h) of Section 16521.5.
(c)In addition to any training required by this section, a foster parent may be required to receive specialized training, as relevant, for the purpose of preparing the foster parent to meet the needs of a particular child in care. This training may include, but is not limited to, the following:
(1)Understanding how to use best practices for providing care and supervision to commercially sexually exploited children.
(2)Understanding cultural needs of children, including, but not limited to, cultural competency and sensitivity and related best practices for providing adequate care to children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender.
(3)Understanding the requirements and best practices regarding psychotropic medications, including, but not limited to, court authorization, benefits, uses, side effects, interactions, assistance with self-administration, misuse, documentation, storage, and metabolic monitoring of children prescribed psychotropic medications.
(4)Understanding the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), its historical significance, the rights of children covered by the act, and the best interests of Indian children, including the role of the caregiver in supporting culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership and connection to the tribal community and traditions.
(5)Understanding how to use best practices for providing care and supervision to nonminor dependents.
(6)Understanding how to use best practices for providing care and supervision to children with special health care needs.
(d)No child shall be placed with a foster parent unless each foster parent in the home meets the requirements of this section.
(e)(1)Upon the request of the licensed or certified foster parent for a hardship waiver from the annual training requirement or a request for an extension of the deadline, the county may, at its option, on a case-by-case basis, waive the training requirement or extend any established deadline for a period not to exceed one year, if the training requirement presents a severe and unavoidable obstacle to continuing as a foster parent.
(2)Obstacles for which a county may grant a hardship waiver or extension are:
(A)Lack of access to training due to the cost or travel required or lack of child care to participate in the training, when online resources are not available.
(B)Family emergency.
(3)Before a waiver or extension may be granted, the licensed or certified foster parent should explore the opportunity of receiving training online or by video or written materials.
(f)(1)Foster parent training may be obtained through sources that include, but are not necessarily limited to, community colleges, counties, hospitals, foster parent associations, the California State Foster Parent Associations conference, online resources, adult schools, and certified foster parent instructors.
(2)In addition to the foster parent training provided by community colleges, foster family agencies shall provide a program of training for their certified foster families.
(g)(1)Training certificates shall be submitted to the appropriate licensing or foster family agency.
(2)Upon completion, a licensed or certified parent shall submit a certificate of completion for the annual training requirements.
(h)Nothing in this section shall preclude a county or a foster family agency from requiring foster parent training in excess of the requirements in this section.
(i)This section shall become operative on January 1, 2017.
(j)This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
SEC. 3.Section 304.7 of the Welfare and Institutions Code is amended to read:304.7.(a)The Judicial Council shall develop and implement standards for the education and training of all judges who conduct hearings pursuant to Section 300. The training shall include, but not be limited to, all of the following:
(1)A component relating to Section 300 proceedings for newly appointed or elected judges and an annual training session in Section 300 proceedings.
(2)Cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth.
(3)The information described in subdivision (d) of Section 16501.4.
(4)The information described in subdivision (h) of Section 16521.5.
(b)A commissioner or referee who is assigned to conduct hearings held pursuant to Section 300 shall meet the minimum standards for education and training established pursuant to subdivision (a), by July 31, 1998.
(c)The Judicial Council shall submit an annual report to the Legislature on compliance by judges, commissioners, and referees with the education and training standards described in subdivisions (a) and (b).
SEC. 4.Section 16206 of the Welfare and Institutions Code is amended to read:16206.(a)The purpose of the program is to develop and implement statewide coordinated training programs designed specifically to meet the needs of county child protective services social workers assigned emergency response, family maintenance, family reunification, permanent placement, and adoption responsibilities. It is the intent of the Legislature that the program include training for other agencies under contract with county welfare departments to provide child welfare services. In addition, the program shall provide training programs for persons defined as a mandated reporter pursuant to the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code). The program shall provide the services required in this section to the extent possible within the total allocation. If allocations are insufficient, the department, in consultation with the grantee or grantees and the Child Welfare Training Advisory Board, shall prioritize the efforts of the program, giving primary attention to the most urgently needed services. County child protective services social workers assigned emergency response responsibilities shall receive first priority for training pursuant to this section.
(b)The training program shall provide practice-relevant training for mandated child abuse reporters and all members of the child welfare delivery system that will address critical issues affecting the well-being of children, and shall develop curriculum materials and training resources for use in meeting staff development needs of mandated child abuse reporters and child welfare personnel in public and private agency settings.
(c)The training provided pursuant to this section shall include all of the following:
(1)Crisis intervention.
(2)Investigative techniques.
(3)Rules of evidence.
(4)Indicators of abuse and neglect.
(5)Assessment criteria, including the application of guidelines for assessment of relatives for placement according to the criteria described in Section 361.3.
(6)Intervention strategies.
(7)Legal requirements of child protection, including requirements of child abuse reporting laws.
(8)Case management.
(9)Use of community resources.
(10)Information regarding the dynamics and effects of domestic violence upon families and children, including indicators and dynamics of teen dating violence.
(11)Posttraumatic stress disorder and the causes, symptoms, and treatment of posttraumatic stress disorder in children.
(12)The importance of maintaining relationships with individuals who are important to a child in out-of-home placement, including methods to identify those individuals, consistent with the childs best interests, including, but not limited to, asking the child about individuals who are important, and ways to maintain and support those relationships.
(13)The legal duties of a child protective services social worker, in order to protect the legal rights and safety of children and families from the initial time of contact during investigation through treatment.
(14)The information described in subdivision (d) of Section 16501.4.
(15)The information described in subdivision (h) of Section 16521.5. The program may use the curriculum created pursuant to subdivision (h) of Section 16521.5.
(d)The training provided pursuant to this section may also include any or all of the following:
(1)Child development and parenting.
(2)Intake, interviewing, and initial assessment.
(3)Casework and treatment.
(4)Medical aspects of child abuse and neglect.
(e)The training program in each county shall assess the programs performance at least annually and forward it to the State Department of Social Services for an evaluation. The assessment shall include, at a minimum, all of the following:
(1)Workforce data, including education, qualifications, and demographics.
(2)The number of persons trained.
(3)The type of training provided.
(4)The degree to which the training is perceived by participants as useful in practice.
(5)Any additional information or data deemed necessary by the department for reporting, oversight, and monitoring purposes.
(f)The training program shall provide practice-relevant training to county child protective services social workers who screen referrals for child abuse or neglect and for all workers assigned to provide emergency response, family maintenance, family reunification, and permanent placement services. The training shall be developed in consultation with the Child Welfare Training Advisory Board and domestic violence victims advocates and other public and private agencies that provide programs for victims of domestic violence or programs of intervention for perpetrators.
SEC. 5.Section 16501.1 of the Welfare and Institutions Code is amended to read:16501.1.(a)(1)The Legislature finds and declares that the foundation and central unifying tool in child welfare services is the case plan.
(2)The Legislature further finds and declares that a case plan ensures that the child receives protection and safe and proper care and case management, and that services are provided to the child and parents or other caretakers, as appropriate, in order to improve conditions in the parents home, to facilitate the safe return of the child to a safe home or the permanent placement of the child, and to address the needs of the child while in foster care.
(3)The agency shall consider the recommendations of the child and family team, as defined in Section 16501, if any are available. The agency shall document the rationale for any inconsistencies between the case plan and the child and family team recommendations.
(b)(1)A case plan shall be based upon the principles of this section and the input from the child and family team.
(2)The case plan shall document that a preplacement assessment of the service needs of the child and family, and preplacement preventive services, have been provided, and that reasonable efforts to prevent out-of-home placement have been made. Preplacement services may include intensive mental health services in the home or a community setting and the reasonable efforts made to prevent out-of-home placement.
(3)In determining the reasonable services to be offered or provided, the childs health and safety shall be the paramount concerns.
(4)Upon a determination pursuant to paragraph (1) of subdivision (e) of Section 361.5 that reasonable services will be offered to a parent who is incarcerated in a county jail or state prison, detained by the United States Department of Homeland Security, or deported to his or her country of origin, the case plan shall include information, to the extent possible, about a parents incarceration in a county jail or the state prison, detention by the United States Department of Homeland Security, or deportation during the time that a minor child of that parent is involved in dependency care.
(5)Reasonable services shall be offered or provided to make it possible for a child to return to a safe home environment, unless, pursuant to subdivisions (b) and (e) of Section 361.5, the court determines that reunification services shall not be provided.
(6)If reasonable services are not ordered, or are terminated, reasonable efforts shall be made to place the child in a timely manner in accordance with the permanent plan and to complete all steps necessary to finalize the permanent placement of the child.
(c)If out-of-home placement is used to attain case plan goals, the case plan shall consider the recommendations of the child and family team.
(d)(1)The case plan shall include a description of the type of home or institution in which the child is to be placed, and the reasons for that placement decision. The decision regarding choice of placement shall be based upon selection of a safe setting that is the least restrictive family setting that promotes normal childhood experiences and the most appropriate setting that meets the childs individual needs and is available, in proximity to the parents home, in proximity to the childs school, and consistent with the selection of the environment best suited to meet the childs special needs and best interests. The selection shall consider, in order of priority, placement with relatives, nonrelated extended family members, and tribal members; foster family homes, resource families, and nontreatment certified homes of foster family agencies; followed by treatment and intensive treatment certified homes of foster family agencies; or multidimensional treatment foster care homes or therapeutic foster care homes; group care placements in the order of short-term residential therapeutic programs, group homes, community treatment facilities, and out-of-state residential treatment pursuant to Part 5 (commencing with Section 7900) of Division 12 of the Family Code.
(2)If a short-term residential therapeutic program placement is selected for a child, the case plan shall indicate the needs of the child that necessitate this placement, the plan for transitioning the child to a less restrictive environment, and the projected timeline by which the child will be transitioned to a less restrictive environment. This section of the case plan shall be reviewed and updated at least semiannually.
(A)The case plan for placements in a group home, or commencing January 1, 2017, in a short-term residential therapeutic program, shall indicate that the county has taken into consideration Section 16010.8.
(B)After January 1, 2017, a child and family team meeting as described in Section 16501 shall be convened by the county placing agency for the purpose of identifying the supports and services needed to achieve permanency and enable the child or youth to be placed in the least restrictive family setting that promotes normal childhood experiences.
(3)On or after January 1, 2012, for a nonminor dependent, as defined in subdivision (v) of Section 11400, who is receiving AFDC-FC benefits and who is up to 21 years of age pursuant to Section 11403, in addition to the above requirements, the selection of the placement, including a supervised independent living placement, as described in subdivision (w) of Section 11400, shall also be based upon the developmental needs of young adults by providing opportunities to have incremental responsibilities that prepare a nonminor dependent to transition to successful adulthood. If admission to, or continuation in, a group home or short-term residential therapeutic program placement is being considered for a nonminor dependent, the group home or short-term residential therapeutic program placement approval decision shall include a youth-driven, team-based case planning process, as defined by the department, in consultation with stakeholders. The case plan shall consider the full range of placement options, and shall specify why admission to, or continuation in, a group home placement is the best alternative available at the time to meet the special needs or well-being of the nonminor dependent, and how the placement will contribute to the nonminor dependents transition to successful adulthood. The case plan shall specify the treatment strategies that will be used to prepare the nonminor dependent for discharge to a less restrictive family setting that promotes normal childhood experiences, including a target date for discharge from the group home placement. The placement shall be reviewed and updated on a regular, periodic basis to ensure that continuation in the group home placement remains in the best interests of the nonminor dependent and that progress is being made in achieving case plan goals leading to successful adulthood. The group home placement planning process shall begin as soon as it becomes clear to the county welfare department or probation office that a foster child in group home placement is likely to remain in group home placement on his or her 18th birthday, in order to expedite the transition to a less restrictive family setting that promotes normal childhood experiences, if he or she becomes a nonminor dependent. The case planning process shall include informing the youth of all of his or her options, including, but not limited to, admission to or continuation in a group home placement. Consideration for continuation of existing group home placement for a nonminor dependent under 19 years of age may include the need to stay in the same placement in order to complete high school. After a nonminor dependent either completes high school or attains his or her 19th birthday, whichever is earlier, continuation in or admission to a group home placement is prohibited unless the nonminor dependent satisfies the conditions of paragraph (5) of subdivision (b) of Section 11403, and group home placement functions as a short-term transition to the appropriate system of care. Treatment services provided by the group home placement to the nonminor dependent to alleviate or ameliorate the medical condition, as described in paragraph (5) of subdivision (b) of Section 11403, shall not constitute the sole basis to disqualify a nonminor dependent from the group home placement.
(4)In addition to the requirements of paragraphs (1) to (3), inclusive, and taking into account other statutory considerations regarding placement, the selection of the most appropriate home that will meet the childs special needs and best interests shall also promote educational stability by taking into consideration proximity to the childs school of origin, and school attendance area, the number of school transfers the child has previously experienced, and the childs school matriculation schedule, in addition to other indicators of educational stability that the Legislature hereby encourages the State Department of Social Services and the State Department of Education to develop.
(e)A written case plan shall be completed within a maximum of 60 days of the initial removal of the child or of the in-person response required under subdivision (f) of Section 16501 if the child has not been removed from his or her home, or by the date of the dispositional hearing pursuant to Section 358, whichever occurs first. The case plan shall be updated, as the service needs of the child and family dictate. At a minimum, the case plan shall be updated in conjunction with each status review hearing conducted pursuant to Sections 364, 366, 366.3, and 366.31, and the hearing conducted pursuant to Section 366.26, but no less frequently than once every six months. Each updated case plan shall include a description of the services that have been provided to the child under the plan and an evaluation of the appropriateness and effectiveness of those services.
(1)It is the intent of the Legislature that extending the maximum time available for preparing a written case plan from 30 to 60 days will afford caseworkers time to actively engage families, and to solicit and integrate into the case plan the input of the child and the childs family, as well as the input of relatives and other interested parties.
(2)The extension of the maximum time available for preparing a written case plan from 30 to 60 days shall be effective 90 days after the date that the department gives counties written notice that necessary changes have been made to the Child Welfare Services/Case Management System (CWS/CMS) to account for the 60-day timeframe for preparing a written case plan.
(f)The child welfare services case plan shall be comprehensive enough to meet the juvenile court dependency proceedings requirements pursuant to Article 6 (commencing with Section 300) of Chapter 2 of Part 1 of Division 2.
(g)The case plan shall be developed considering the recommendations of the child and family team, as follows:
(1)The case plan shall be based upon an assessment of the circumstances that required child welfare services intervention. The child shall be involved in developing the case plan as age and developmentally appropriate.
(2)The case plan shall identify specific goals and the appropriateness of the planned services in meeting those goals.
(3)The case plan shall identify the original allegations of abuse or neglect, as defined in Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the conditions cited as the basis for declaring the child a dependent of the court pursuant to Section 300, or all of these, and the other precipitating incidents that led to child welfare services intervention.
(4)The case plan shall include a description of the schedule of the placement agency contacts with the child and the family or other caretakers. The frequency of these contacts shall be in accordance with regulations adopted by the State Department of Social Services. If the child has been placed in foster care out of state, the county social worker or probation officer, or a social worker or probation officer on the staff of the agency in the state in which the child has been placed, shall visit the child in a foster family home or the home of a relative, consistent with federal law and in accordance with the departments approved state plan. For children in out-of-state group home facilities, visits shall be conducted at least monthly, pursuant to Section 16516.5. At least once every six months, at the time of a regularly scheduled placement agency contact with the foster child, and at each placement change, the childs social worker or probation officer shall inform the child, the care provider, and the child and family team, if applicable, of the childs rights as a foster child, as specified in Section 16001.9, and shall provide a written copy of the rights to the child as part of the explanation. The social worker or probation officer shall provide the information to the child in a manner appropriate to the age or developmental level of the child. The social worker or probation officer shall document in the case plan that he or she has informed the child of, and has provided the child with a written copy of, his or her rights.
(5)(A)When out-of-home services are used, the frequency of contact between the natural parents or legal guardians and the child shall be specified in the case plan. The frequency of those contacts shall reflect overall case goals, and consider other principles outlined in this section.
(B)Information regarding any court-ordered visitation between the child and the natural parents or legal guardians, and the terms and conditions needed to facilitate the visits while protecting the safety of the child, shall be provided to the childs out-of-home caregiver as soon as possible after the court order is made.
(6)When out-of-home placement is made, the case plan shall include provisions for the development and maintenance of sibling relationships as specified in subdivisions (b), (c), and (d) of Section 16002. If appropriate, when siblings who are dependents of the juvenile court are not placed together, the social worker for each child, if different, shall communicate with each of the other social workers and ensure that the childs siblings are informed of significant life events that occur within their extended family. Unless it has been determined that it is inappropriate in a particular case to keep siblings informed of significant life events that occur within the extended family, the social worker shall determine the appropriate means and setting for disclosure of this information to the child commensurate with the childs age and emotional well-being. These significant life events shall include, but shall not be limited to, the following:
(A)The death of an immediate relative.
(B)The birth of a sibling.
(C)Significant changes regarding a dependent child, unless the child objects to the sharing of the information with his or her siblings, including changes in placement, major medical or mental health diagnoses, treatments, or hospitalizations, arrests, and changes in the permanent plan.
(7)If out-of-home placement is made in a foster family home, group home, or other child care institution that is either a substantial distance from the home of the childs parent or out of state, the case plan shall specify the reasons why that placement is in the best interest of the child. When an out-of-state group home placement is recommended or made, the case plan shall, in addition, specify compliance with Section 7911.1 of the Family Code.
(8)A case plan shall ensure the educational stability of the child while in foster care and shall include both of the following:
(A)An assurance that the placement takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement.
(B)An assurance that the placement agency has coordinated with the person holding the right to make educational decisions for the child and appropriate local educational agencies to ensure that the child remains in the school in which the child is enrolled at the time of placement or, if remaining in that school is not in the best interests of the child, assurances by the placement agency and the local educational agency to provide immediate and appropriate enrollment in a new school and to provide all of the childs educational records to the new school.
(9)(A)If out-of-home services are used, or if parental rights have been terminated and the case plan is placement for adoption, the case plan shall include a recommendation regarding the appropriateness of unsupervised visitation between the child and any of the childs siblings. This recommendation shall include a statement regarding the childs and the siblings willingness to participate in unsupervised visitation. If the case plan includes a recommendation for unsupervised sibling visitation, the plan shall also note that information necessary to accomplish this visitation has been provided to the child or to the childs siblings.
(B)Information regarding the schedule and frequency of the visits between the child and siblings, as well as any court-ordered terms and conditions needed to facilitate the visits while protecting the safety of the child, shall be provided to the childs out-of-home caregiver as soon as possible after the court order is made.
(10)If out-of-home services are used and the goal is reunification, the case plan shall describe the services to be provided to assist in reunification and the services to be provided concurrently to achieve legal permanency if efforts to reunify fail. The plan shall also consider in-state and out-of-state placements, the importance of developing and maintaining sibling relationships pursuant to Section 16002, and the desire and willingness of the caregiver to provide legal permanency for the child if reunification is unsuccessful.
(11)If out-of-home services are used, the child has been in care for at least 12 months, and the goal is not adoptive placement, the case plan shall include documentation of the compelling reason or reasons why termination of parental rights is not in the childs best interest. A determination completed or updated within the past 12 months by the department when it is acting as an adoption agency or by a licensed adoption agency that it is unlikely that the child will be adopted, or that one of the conditions described in paragraph (1) of subdivision (c) of Section 366.26 applies, shall be deemed a compelling reason.
(12)(A)Parents and legal guardians shall have an opportunity to review the case plan, and to sign it whenever possible, and then shall receive a copy of the plan. In a voluntary service or placement agreement, the parents or legal guardians shall be required to review and sign the case plan. Whenever possible, parents and legal guardians shall participate in the development of the case plan. Commencing January 1, 2012, for nonminor dependents, as defined in subdivision (v) of Section 11400, who are receiving AFDC-FC or CalWORKs assistance and who are up to 21 years of age pursuant to Section 11403, the transitional independent living case plan, as set forth in subdivision (y) of Section 11400, shall be developed with, and signed by, the nonminor.
(B)Parents and legal guardians shall be advised that, pursuant to Section 1228.1 of the Evidence Code, neither their signature on the child welfare services case plan nor their acceptance of any services prescribed in the child welfare services case plan shall constitute an admission of guilt or be used as evidence against the parent or legal guardian in a court of law. However, they shall also be advised that the parents or guardians failure to cooperate, except for good cause, in the provision of services specified in the child welfare services case plan may be used in any hearing held pursuant to Section 366.21, 366.22, or 366.25 of this code as evidence.
(13)A child shall be given a meaningful opportunity to participate in the development of the case plan and state his or her preference for foster care placement. A child who is 12 years of age or older and in a permanent placement shall also be given the opportunity to review the case plan, sign the case plan, and receive a copy of the case plan.
(14)The case plan shall be included in the court report and shall be considered by the court at the initial hearing and each review hearing. Modifications to the case plan made during the period between review hearings need not be approved by the court if the casework supervisor for that case determines that the modifications further the goals of the plan. If out-of-home services are used with the goal of family reunification, the case plan shall consider and describe the application of subdivision (b) of Section 11203.
(15)(A)If the case plan has as its goal for the child a permanent plan of adoption or legal guardianship, it shall include a statement of the childs wishes regarding their permanent placement plan and an assessment of those stated wishes. The agency shall also include documentation of the steps the agency is taking to find an adoptive family or other permanent living arrangements for the child; to place the child with an adoptive family, an appropriate and willing relative, or a legal guardian, and to finalize the adoption or legal guardianship. At a minimum, the documentation shall include child-specific recruitment efforts, such as the use of state, regional, and national adoption exchanges, including electronic exchange systems, when the child has been freed for adoption. Regardless of whether the child has been freed for adoption, documentation shall include a description of any barriers to achieving legal permanence and the steps the agency will take to address those barriers. If the plan is for kinship guardianship, the case plan shall document how the child meets the kinship guardianship eligibility requirements.
(B)When the child is 16 years of age or older and is in another planned permanent living arrangement, the case plan shall identify the intensive and ongoing efforts to return the child to the home of the parent, place the child for adoption, place the child for tribal customary adoption in the case of an Indian child, establish a legal guardianship, or place the child nonminor dependent with a fit and willing relative, as appropriate. Efforts shall include the use of technology, including social media, to find biological family members of the child.
(16)(A)(i)For a child who is 14 or 15 years of age, the case plan shall include a written description of the programs and services that will help the child, consistent with the childs best interests, to prepare for the transition from foster care to successful adulthood. The description may be included in the document described in subparagraph (A) of paragraph (18).
(ii)When appropriate, for a child who is 16 years of age or older and, commencing January 1, 2012, for a nonminor dependent, the case plan shall include the transitional independent living plan (TILP), a written description of the programs and services that will help the child, consistent with the childs best interests, to prepare for the transition from foster care to successful adulthood, and, in addition, whether the youth has an in-progress application pending for Title XVI Supplemental Security Income benefits or for Special Immigrant Juvenile Status or other applicable application for legal residency and an active dependency case is required for that application. When appropriate, for a nonminor dependent, the transitional independent living case plan, as described in subdivision (v) of Section 11400, shall include the TILP, a written description of the programs and services that will help the nonminor dependent, consistent with his or her best interests, to prepare for transition from foster care and assist the youth in meeting the eligibility criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403. If applicable, the case plan shall describe the individualized supervision provided in the supervised independent living placement as defined in subdivision (w) of Section 11400. The case plan shall be developed with the child or nonminor dependent and individuals identified as important to the child or nonminor dependent, and shall include steps the agency is taking to ensure that the child or nonminor dependent achieves permanence, including maintaining or obtaining permanent connections to caring and committed adults.
(B)During the 90-day period prior to the participant attaining 18 years of age or older as the state may elect under Section 475(8)(B)(iii) of the federal Social Security Act (42 U.S.C. Sec. 675(8)(B)(iii)), whether during that period foster care maintenance payments are being made on the childs behalf or the child is receiving benefits or services under Section 477 of the federal Social Security Act (42 U.S.C. Sec. 677), a caseworker or other appropriate agency staff or probation officer and other representatives of the participant, as appropriate, shall provide the youth or nonminor dependent with assistance and support in developing the written 90-day transition plan, that is personalized at the direction of the child, information as detailed as the participant elects that shall include, but not be limited to, options regarding housing, health insurance, education, local opportunities for mentors and continuing support services, and workforce supports and employment services, a power of attorney for health care, and information regarding the advance health care directive form. Information provided regarding health insurance options shall include verification that the eligible youth or nonminor is enrolled in Medi-Cal and a description of the steps that have been or will be taken by the youths social worker or probation officer to ensure that the eligible youth or nonminor is transitioned into the Medi-Cal program for former foster youth upon case closure with no interruption in coverage and with no new application being required, as provided in Section 14005.28.
(C)For youth 14 years of age or older, the case plan shall include documentation that a consumer credit report was requested annually from each of the three major credit reporting agencies at no charge to the youth and that any results were provided to the youth. For nonminor dependents, the case plan shall include documentation that the county assisted the nonminor dependent in obtaining his or her reports. The case plan shall include documentation of barriers, if any, to obtaining the credit reports. If the consumer credit report reveals any accounts, the case plan shall detail how the county ensured the youth received assistance with interpreting the credit report and resolving any inaccuracies, including any referrals made for the assistance.
(17)For youth 14 years of age or older and nonminor dependents, the case plan shall be developed in consultation with the youth. At the youths option, the consultation may include up to two members of the case planning team who are chosen by the youth and who are not foster parents of, or caseworkers for, the youth. The agency, at any time, may reject an individual selected by the youth to be a member of the case planning team if the agency has good cause to believe that the individual would not act in the youths best interest. One individual selected by the youth to be a member of the case planning team may be designated to be the youths adviser and advocate with respect to the application of the reasonable and prudent parent standard to the youth, as necessary.
(18)For youth in foster care 14 years of age and older and nonminor dependents, the case plan shall include both of the following:
(A)A document that describes the youths rights with respect to education, health, visitation, and court participation, the right to be annually provided with copies of his or her credit reports at no cost while in foster care pursuant to Section 10618.6, and the right to stay safe and avoid exploitation.
(B)A signed acknowledgment by the youth that he or she has been provided a copy of the document and that the rights described in the document have been explained to the youth in an age-appropriate manner.
(19)The case plan for a child or nonminor dependent who is, or who is at risk of becoming, the victim of commercial sexual exploitation, shall document the services provided to address that issue.
(20)For youth in foster care 10 years of age and older and nonminor dependents, the case plan shall include documentation that at least once before 12 years of age, at least once between 12 and 14 years of age, at least two times between 15 and 18 years of age, and at least once between the 19 and 21 years of age, the youth has received comprehensive sexual health education that meets the requirements established in Chapter 5.6 (commencing with Section 51930) of Part 28 of Division 4 of Title 2 of the Education Code. If the youth or nonminor dependent has not received this instruction through school, the case plan shall document how the county will ensure that the youth receives education through an alternative source that meets the standards established in Chapter 5.6 (commencing with Section 51930) of Part 28 of Division 4 of Title 2 of the Education Code.
(21)For youth in foster care 10 years of age and older, the case plan shall be updated yearly to identify how, during the upcoming year, the agency will ensure the youth has access to age-appropriate, medically accurate information on puberty, reproductive and sexual health care, the prevention of unplanned pregnancies, and the prevention, diagnosis, and treatment of sexually transmitted infections, and how the agency will ensure the youth is not facing any barriers to accessing reproductive and sexual health care services or treatment.
(h)If the court finds, after considering the case plan, that unsupervised sibling visitation is appropriate and has been consented to, the court shall order that the child or the childs siblings, the childs current caregiver, and the childs prospective adoptive parents, if applicable, be provided with information necessary to accomplish this visitation. This section does not require or prohibit the social workers facilitation, transportation, or supervision of visits between the child and his or her siblings.
(i)The case plan documentation on sibling placements required under this section shall not require modification of existing case plan forms until the Child Welfare Services/Case Management System (CWS/CMS) is implemented on a statewide basis.
(j)When a child is 10 years of age or older and has been in out-of-home placement for six months or longer, the case plan shall include an identification of individuals, other than the childs siblings, who are important to the child and actions necessary to maintain the childs relationship with those individuals, provided that those relationships are in the best interest of the child. The social worker or probation officer shall ask every child who is 10 years of age or older and who has been in out-of-home placement for six months or longer to identify individuals other than the childs siblings who are important to the child, and may ask any other child to provide that information, or may seek that information from the child and family team, as appropriate. The social worker or probation officer shall make efforts to identify other individuals who are important to the child, consistent with the childs best interests.
(k)The childs caregiver shall be provided a copy of a plan outlining the childs needs and services. The nonminor dependents caregiver shall be provided with a copy of the nonminors TILP.
(l)Each county shall ensure that the total number of visits made by caseworkers on a monthly basis to children in foster care during a federal fiscal year is not less than 95 percent of the total number of those visits that would occur if each child were visited once every month while in care and that the majority of the visits occur in the residence of the child. The county child welfare and probation departments shall comply with data reporting requirements that the department deems necessary to comply with the federal Child and Family Services Improvement Act of 2006 (Public Law 109-288) and the federal Child and Family Services Improvement and Innovation Act (Public Law 112-34).
(m)The implementation and operation of the amendments to subdivision (i) enacted at the 200506 Regular Session shall be subject to appropriation through the budget process and by phase, as provided in Section 366.35.
SEC. 6.Section 16521.5 of the Welfare and Institutions Code is amended to read:16521.5.(a)A foster care provider, in consultation with the county case manager, shall be responsible for ensuring that adolescents, including nonminor dependents, as described in subdivision (v) of Section 11400, who remain in long-term foster care, as defined by the department, receive age-appropriate pregnancy prevention information to the extent state and county resources are provided.
(b)A foster care provider, in consultation with the county case manager, shall be responsible for ensuring that a foster youth or nonminor dependent is provided with appropriate referrals to health services when the foster youth either reaches 18 years of age or the nonminor dependent exits foster care, and to the extent county and state resources are provided.
(c)As part of the home study process, the prospective foster care provider shall notify the county if he or she objects to participating in adolescent pregnancy prevention training or the dissemination of information pursuant to subdivisions (a) and (b). A licensed foster care provider shall notify the county if he or she objects to participation. If the provider objects, the county case manager shall assume this responsibility.
(d)Subdivisions (a), (b), and (c) shall not take effect until the department, in consultation with the workgroup, develops guidelines that describe the duties and responsibilities of foster care providers and county case managers in delivering pregnancy prevention services and information.
(e)(1)The department, in consultation with the State Department of Health Services, shall convene a working group for the purpose of developing a pregnancy prevention plan that will effectively address the needs of adolescent male and female foster youth. The workgroup shall meet not more than three times and thereafter shall provide consultation to the department upon request.
(2)The working group shall include representatives from the California Youth Connection, the Foster Parents Association, group home provider associations, the County Welfare Directors Association, providers of teen pregnancy prevention programs, a foster care case worker, an expert in pregnancy prevention curricula, a representative of the Independent Living Program, and an adolescent health professional.
(f)The plan required pursuant to subdivision (e) shall include, but not be limited to, all of the following:
(1)Effective strategies and programs for preteen and older teen foster youth and nonminor dependents.
(2)The role of foster care and group home care providers.
(3)The role of the assigned case management worker.
(4)How to involve foster youth and nonminor peers.
(5)Selecting and providing appropriate materials to educate foster youth and nonminors in family life education.
(6)The training of foster care and group home care providers and, when necessary, county case managers in adolescent pregnancy prevention.
(g)Counties currently mandating foster care provider training shall be encouraged to include the pregnancy prevention curricula guidelines and educational materials that may be developed by the workgroup pursuant to subdivision (f).
(h)In order to train case management workers and foster care providers, the department shall develop a curriculum that is consistent with, and in addition to, the pregnancy prevention plan and the curricula guidelines and educational materials developed by the workgroup pursuant to subdivisions (e) and (f) and that addresses, at a minimum, all of the following:
(1)The rights of youth and nonminor dependents in foster care to sexual and reproductive health care and information, to confidentiality of sensitive health information, and the reasonable prudent parent standard.
(2)How to document sensitive health information, including, but not limited to, sexual and reproductive health issues, in a case plan.
(3)The duties and responsibilities of the assigned case management worker and the foster care provider in ensuring youth and nonminor dependents in foster care can obtain sexual and reproductive health services and information.
(4)Guidance about how to engage and talk with youth and nonminor dependents about healthy sexual development and reproductive and sexual health in a manner that is medically accurate, developmentally and age-appropriate, trauma-informed, and strengths based.
(5)Information about current contraception methods and how to select and provide appropriate referral resources and materials for information and service delivery.
(h)(i)The department shall adopt regulations to implement this section.
SEC. 7.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.
|
Date
|
Status
|
|---|---|
| Jun 27, 2017 | June 27 set for first hearing canceled at the request of author. |
| Jun 12, 2017 | Referred to Coms. on HUM. S. and JUD. |
| Jun 1, 2017 | In Assembly. Read first time. Held at Desk. |
| May 31, 2017 | Read third time. Passed. (Ayes 28. Noes 9. Page 1320.) Ordered to the Assembly. |
| May 26, 2017 | Published May 26 at 10 a.m. |
| May 25, 2017 | From committee: Do pass as amended. (Ayes 6. Noes 1. Page 1180.) (May 25). |
| May 19, 2017 | Set for hearing May 25. |
| May 15, 2017 | May 15 hearing: Placed on APPR. suspense file. |
| May 4, 2017 | Set for hearing May 15. |
| May 3, 2017 | May 8 hearing postponed by committee. |
| May 1, 2017 | Set for hearing May 8. |
| Apr 26, 2017 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1. Page 851.) (April 25). Re-referred to Com. on APPR. |
| Apr 13, 2017 | Set for hearing April 25. |
| Apr 6, 2017 | Read second time and amended. Re-referred to Com. on JUD. |
| Apr 5, 2017 | From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 3. Noes 1. Page 625.) (April 4). |
| Mar 28, 2017 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on HUMAN S. |
| Mar 1, 2017 | Set for hearing April 4. |
| Feb 16, 2017 | Referred to Coms. on HUMAN S. and JUD. |
| Feb 7, 2017 | From printer. May be acted upon on or after March 9. |
| Feb 6, 2017 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| May 31, 2017 | Senate 3rd Reading SB245 Leyva | Senate Floor |
Passed |
|
| May 25, 2017 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| May 15, 2017 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 25, 2017 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Judiciary |
Passed |
|
| Apr 4, 2017 | Do pass as amended, but first amend, and re-refer to the Committee on [Judiciary] | Senate 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
|
|---|---|---|
| Access Women's Health Justice | ** Support | Jun 22, 2017 |
| Act for Women and Girls | ** Support | Jun 22, 2017 |
| All Saints Church Foster Care Project | ** Support | Jun 22, 2017 |
| American Academy of Pediatrics | ** Support | Jun 22, 2017 |
| American Civil Liberties Union | ** Support | Jun 22, 2017 |
| American Congress of Obstetricians and Gynecologists | ** Support | Jun 22, 2017 |
| black women for wellness | ** Support | Jun 22, 2017 |
| California Latinas for Reproductive Justice | ** Support | Jun 22, 2017 |
| California Right to Life Committee | ** Against | Jun 22, 2017 |
| California State Parent Teachers Association | ** Support | Jun 22, 2017 |
| Child Abuse Prevention Center | ** Support | Jun 22, 2017 |
| Children'S Law Center Of California | ** Support | Jun 22, 2017 |
| Common Sense Kids Action | ** Support | Jun 22, 2017 |
| County Of Los Angeles | ** Support | May 27, 2017 |
| County Welfare Directors Association | ** Support | Jun 22, 2017 |
| East Bay Children's Law Office | ** Support | Jun 22, 2017 |
| First Place for Youth | ** Support | Jun 22, 2017 |
| Fresno Barrios Unidos | ** Support | Jun 22, 2017 |
| Goodrow Consulting | ** Support | Jun 22, 2017 |
| Harvey Institute | ** Support | May 27, 2017 |
| harvey institute hillsides | ** Support | Jun 22, 2017 |
| Hillsides | ** Support | May 27, 2017 |
| Imperial Valley Regional Occupational Program | ** Support | Jun 22, 2017 |
| inspiring scholars - butte county | ** Support | Jun 22, 2017 |
| Inspiring Scholars, Foster Youth Program | ** Support | Mar 31, 2017 |
| James Morehouse Project | ** Support | Jun 22, 2017 |
| John Burton Advocates for Youth | ** Support | Jun 22, 2017 |
| Junior League of San Diego | ** Support | Jun 22, 2017 |
| Los Angeles County Board of Supervisors | ** Support | Jun 22, 2017 |
| Los Angeles Dependency Lawyers, Inc. | ** Support | Jun 22, 2017 |
| National Association of Social Workers, CA Chapter | ** Support | Jun 22, 2017 |
| national campaign to prevent teen and unplanned pregnancy | ** Support | Jun 22, 2017 |
| National Center for Youth Law | * Support | Apr 25, 2017 |
| National Health Law Program | ** Support | Jun 22, 2017 |
| Physicians for Reproductive Health | ** Support | Jun 22, 2017 |
| Planned Parenthood Affiliates Of California | ** Support | May 27, 2017 |
| Public Counsel | ** Support | Jun 22, 2017 |
| Walden Family Services | ** Support | Jun 22, 2017 |
| Women's Foundation of California | ** Support | Jun 22, 2017 |
Date of Hearing: June 27, 2017
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Blanca Rubio, Chair
SBPCA Bill Id:SB 245
Author:(Leyva) – As Amended Ver:May 26, 2017
SENATE VOTE: 28-9
SUBJECT: Foster youth: sexual health education
SUMMARY: Requires the Department of Social Services (DSS) to develop a curriculum relating to sexual and reproductive health care for foster youth and nonminor dependents, and requires the information in that curriculum be included among the training requirements for certain individuals, as specified, and that a foster youth’s case plan be updated to reflect whether he or she has received information relating to sexual and reproductive health care access.
Specifically, this bill:
- Requires DSS, in order to train case management workers and foster care providers, to develop a curriculum consistent with and in addition to the pregnancy prevention plan and curricula guidelines and educational materials required by current law, as specified.
- Mandates the curriculum to include, but not be limited to, all of the following:
- The rights of youth and nonminor dependents in foster care to sexual and reproductive health care and information, to confidentiality of sensitive health information, and the reasonable prudent parent standard;
- How to document sensitive health information, including, but not limited to, sexual and reproductive issues, in a youth’s case plan;
- The duties and responsibilities of the assigned case management worker and the foster care provider in ensuring foster youth can obtain sexual reproductive health services and information;
- Guidance on how to engage with foster youth regarding healthy sexual development and reproductive and sexual health in a medically accurate, developmentally and age-appropriate, trauma-informed, and strengths-based manner; and
- Information about current contraception methods and how to select and provide appropriate referral resources and materials for information and service delivery.
- Includes the information contained in curriculum, and permits the use of the curriculum, created by the provisions of this bill among and in:
- The classroom instruction provided by administrator certification programs for group homes and short-term residential therapeutic programs (STRTPs);
- The topics on which licensed or certified foster parents must receive annual training;
- The statewide coordinated training programs provided to mandated child abuse reporters and child welfare personnel in public and private agency settings; and
- The preapproval caregiver training topics on which a resource family applicant must complete prior to approval.
- Includes the information contained in the curriculum created by the provisions of this bill in the training developed and implemented by the Judicial Council for the education and training of judges, as specified;
- Requires, for youth in foster care who are 10 years of age or older and for nonminor dependents who are enrolled in high school, the case plan be updated yearly to indicate that the case worker has verified that the youth received comprehensive sexual health education during the previous year that meets the requirements set forth in current law.
- Requires, in the event that the youth did not receive sexual health education during the previous year, the case plan to document either of the following:
- For a youth in junior high or middle school, either that the youth has already received comprehensive sexual health education during junior high or middle school, or how the county will ensure that the youth will receive the instruction at least once prior to exiting junior high or middle school if the youth remains a dependent of the court, as specified; or
- For a youth or nonminor dependent in high school, either that the youth or nonminor dependent has already received comprehensive sexual health education during high school, or how the county will ensure that the youth or nonminor dependent will receive the instruction at least once before completing high school if the youth remains a dependent of the court, as specified.
- Requires, for youth in foster care who are 10 years of age and older and nonminor dependents, the case plan to be updated yearly to indicate the case management worker has done all of the following:
- Informed the youth or nonminor dependent that he or she may access age-appropriate, medically accurate information regarding reproduction and sexual health care, as specified;
- Informed the youth or nonminor dependent in an age- and developmentally appropriate manner of his or her rights to consent to sexual and reproductive health services and of his or her right to confidentiality regarding those services; and
- Informed the youth or nonminor dependent how to access reproductive and sexual health care services and facilitated access to that care, as specified.
- Specifies that the provisions of this bill related to updating a youth’s case plan shall not be construed to affect applicable confidentiality laws.
- Makes technical changes.
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 of abuse or neglect or to have been abused or neglected, as specified. (WIC 202)
- Provides for extended foster care funding for youth until age 21, as well as adopts other changes to conform to the federal Fostering Connections to Success Act. (WIC 241.1, 303, 366.3, 388, 391, 450, 11400, 11402, 11403)
- 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)
- Defines “nonminor dependent” as a current foster youth or a nonminor under the transition jurisdiction of the court who: is between18 and 21 years old, turned 18 years old while under an order of foster care placement, is in foster care under the responsibility of the county welfare department, county probation department, or Indian Tribe, and is participating in a transitional independent living plan, as specified. (WIC 11400 (v))
- Defines a “resource family” as an individual or family that has successfully met both the home environment assessment and the permanency assessment criteria, as specified, necessary for providing care for a related or unrelated child who is under the jurisdiction of the juvenile court, or otherwise in the care of a county child welfare agency or probation department. (HSC 1517 (a)(2), WIC 16519.5 (c)(1))
- 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 8 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))
- Requires administrator certification training programs for group homes and STRTPs to include a minimum of 40 hours of classroom instruction that provides training on a uniform core of knowledge in certain subject areas, including, but not limited to: management and supervision of staff, physical needs of facility residents, and instruction on cultural competency and sensitivity, as specified. (WIC 1522.41)
- Requires the Judicial Council to develop and implement standards for the education and training of all judges who conduct hearings pursuant to current law, including, proceedings for newly appointed or elected judges, cultural competency and sensitivity, and the use of psychotropic medication as it pertains to children under the jurisdiction of the juvenile court, as specified. (WIC 304.7, WIC 16501.4)
- Requires the Child Welfare Training Program to provide practice-relevant training for mandated child abuse reporters and call members of the child welfare delivery system, and includes: crisis intervention, investigative techniques, rules of evidence, and intervention strategies, among others. (WIC 16206 et seq.)
- 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)
- Requires comprehensive sexual health education and HIVprevention education to satisfy certain criteria, as specified, and requires each school district to ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and HIV prevention education, as specified. (EDC 51933, EDC 51934)
FISCAL EFFECT: According to the Senate Appropriations Committee on May 25, 2017, this bill may result in the following costs:
- Significant costs to DSS of $50,000 in Fiscal Year (FY) 2017-18 and ongoing costs of $100,000 per year to develop the curriculum and deliver the training for case management and foster care providers. (General Fund)
- Significant costs in the hundreds of thousands of dollars in FY 2017-18 and ongoing costs, likely less than $1.5 million per year for reimbursable administrative time for social workers to document, in the case plan, delivery of comprehensive sexual health education and/or a plan for delivery of the comprehensive sexual health education through an alternative source, and to provide information to foster youth and nonminor dependents. (General Fund)
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. There are currently close to 61,000 children and youth in California’s child welfare system.
Recent child welfare reform: In recent years, California has engaged in systemwide changes to its child welfare sysetm. In September 2010, Governor Brown signed AB 12 (Beall), Chapter 559, Statutes of 2010, which extended foster care benefits for eligible youth aging out of the foster care system. Rather than leave youth without support on their 18th birthday, AB 12 provides transitional age youth, referred to as nonminor dependents, with access to resources and mentorship until they turn 21. AB 12 provided these youth with the opportunity to experience independent living in supervised living environments and the opportunity to obtain educational and employment training in order to better prepare them for a successful transition into adulthood and self-sufficiency. In order to qualify for extended foster care, youth must meet certain eligibility criteria and must sign an agreement to remain in foster care within 6 months of turning 18 years old. The nonminor dependent must also reside in an eligible placement, and agree to work with their social worker to meet the goals of the youth’s Transitional Living Plan, which is developed for a youth by a social worker or probation officer with active participation by the youth and other supporting adults.
In addition to extended foster care, 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, sponsored by DSS, 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. Among the changes implemented by CCR are both the elimination of the group home licensing category and the creation of short-term residential therapeutic programs (STRTPs) in order to provide brief, intensive, mental health interventions to youth, and the statewide implementation of the Resource Family Approval (RFA) program, which provided a unified, family-friendly, and child-centered resource family approval process and includes a psychosocial assessment, home environment assessment, and training for all families.
As part of the child welfare support system, and 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 documented in one location. Case plans provide information on: the type of home or institution in which a child is placed, the reasons for that placement decision, and the specific goals and appropriateness of the planned services in meeting those goals. Case plans also document any recommendations of the child and family team, which is a network of individauls tasked with assessing the placement and services needs of a youth.
Sexual education requirements: In 2015, Governor Brown signed AB 329 (Weber), Chapter 398, Statutes of 2015, which combined education on HIV prevention with sexual health education for students in grades 7 through 12. Current law requires that the information and materials provided are age appropriate, factual, medically accurate, and objective. The instruction and materials are also required to be available on an equal basis to a pupil who is an English learner or who has disabilities, and must teach pupils about gender, gender expression, gender identity, and must affirmatively recognize that people have different sexual orientations and must be inclusive of same-sex relationships.
Each school district is required to ensure that all pupils in grades 7 to 12 receive comprehensive sexual education and HIV prevention and other sexually transmitted infections, which must include information how the infections are and are not transmitted, their effects on the human body, and information specifying that abstinence from sexual activity and injection drug use is the only certain way to prevent HIV and other sexually transmitted infections.
Pregnant and parenting foster youth: It is often acknowledged that foster youth face a host of challenges that their non-system-involved peers do not, including higher rates of poverty and homelessness, and increased interaction with the child welfare and justice systems later in life. In addition, foster youth face physical and psychological trauma associated with childhood abuse and neglect and the resulting social isolation that comes from frequent placement changes. Foster youth also experience higher rates of pregnancy when compared to their non-system-involved peers.
According to a study by Chapin Hall at the University of Chicago entitled “Findings from the California Youth Transitions to Adulthood Study: Conditions at Age 17 and 19,” which studied the impacts of extended foster care on youth who transition to adulthood, at 17-years-old, only 26% of female foster youth surveyed had ever been pregnant, compared to 49.3% of female foster youth surveyed who were aged 19. Compared to their non-system-involved peers who experienced pregnancy rates of 13% and 20.1%, respectively, female foster youth experienced much higher rates of pregnancy. In addition to this, 66.3% of young women in foster care who had been pregnant by age 19 stated that their pregnancy was unintended; 70.7% of young men in foster care who had impregnated their partner described the pregnancy as unintended. A similar study by the Conrad N. Hilton Foundation entitled “California’s Most Vulnerable Parents: When Maltreated Children Have Children,” found that more than 1 in 4 girls in foster care at age 17 had given birth at least once before age 20. Among girls in foster care who had a first birth before age 18, 38.7% had a repeat teen birth.
Studies have found that youth in foster care face multiple barriers to accessing sexual and reproductive health services, including financial difficulties, service delivery issues, lack of accurate and timely sexual health information, and concerns regarding privacy and confidentiality. When compared to their non-system-involved peers, foster youth are less likely to be informed about contraceptive options and sexuality, and less likely to obtain needed family planning resources and sexual health information.
Because foster youth often experience multiple placement changes and disruptions in education during their time in care, foster youth often receive incomplete information regarding sexual and reproductive health. In addition to this, a 2009 survey of three California counties revealed that a third of child welfare workers, with whom foster youth often have long standing connections, did not feel that they were adequately trained to provide sexual health and reproductive information to foster youth.
Need for this bill: According to the author’s office, “[This bill] would remedy deficiencies in current law, which led to high rates of unintended pregnancy among youth in foster care, by supporting the implementation of recommendations in the all-county letter, Plan to Reduce Unintended Pregnancy for Foster Youth (ACL 16-88) issues by DSS. By ensuring that foster children have access to critical reproductive and sexual health information and services to which they are entitled under current law, this bill would empower foster children to make healthy and informed decisions.”
PRIOR LEGISLATION:
AB 404 (Stone), 2017, furthers Continuum of Care Reform efforts made by AB 403 and AB 1997. It is currently awaiting hearing in the Senate Human Services Committee.
AB 1997 (Stone), Chapter 612, Statutes of 2016, furthered Continuum of Care Reform efforts.
AB 329 (Weber), Chapter 398, Statutes of 2015, required school districts to teach comprehensive sexual health education to students at least once in middle school and once in high school.
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.
AB 12 (Beall), Chapter 559, Statutes of 2010, the “California Fostering Connections to Success Act,” conformed state law to federal requirements to revise and expand programs and funding for certain foster and adopted children, including extending transitional foster care services to eligible youth between 18 and 21 years of age.
DOUBLE REFERRAL. This bill has been double-referred. Should this bill pass out of this committee, it will be referred to the Assembly Judiciary Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
Black Women for Wellness (co-sponsor)
Children’s Law Center of California (co-sponsor)
John Burton Advocates for Youth (co-sponsor)
Access Women’s Health Justice
ACT for Women and Girls
All Saints Church Foster Care Project
American Academy of Pediatrics
American Civil Liberties Union
American Congress of Obstetricians and Gynecologists
California Latinas for Reproductive Justice
California State Parent Teachers Association
Child Abuse Prevention Center
Common Sense Kids Action
County Welfare Directors Association
East Bay Children’s Law Office
First Place for Youth
Fresno Barrios Unidos
Goodrow Consulting
Harvey Institute
Hillsides
Imperial Valley Regional Occupational Program
Inspiring Scholars – Butte County
James Morehouse Project
Junior League of San Diego
Los Angeles County Board of Supervisors
Los Angeles Dependency Lawyers, Inc.
National Association of Social Workers, CA Chapter
National Campaign to Prevent Teen and Unplanned Pregnancy
National Health Law Program
Physicians for Reproductive Health
Public Counsel
Walden Family Services
Women’s Foundation of California
Opposition
California Right to Life Committee
Analysis Prepared by: Kelsy Castillo / HUM. S. / (916) 319-2089
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
THIRD READING
Bill No: SB 245
Amended: 5/26/17
SENATE HUMAN SERVICES COMMITTEE: 3-1, 4/4/17
AYES: Wiener, Glazer, Newman
NOES: Nguyen
NO VOTE RECORDED: Berryhill
SENATE JUDICIARY COMMITTEE: 6-1, 4/25/17
AYES: Jackson, Moorlach, Hertzberg, Monning, Stern, Wieckowski
NOES: Anderson
SENATE APPROPRIATIONS COMMITTEE: 6-1, 5/25/17
AYES: Lara, Beall, Bradford, Hill, Nielsen, Wiener
NOES: Bates
SOURCE: John Burton Advocates for Youth
DIGEST:
This bill requires sexual health education to be included in the foster care case plan for youth 10 years of age and older and for the California Department of Social Services (CDSS) to develop a curriculum and training for case management workers and foster care providers, as specified.
Existing law:
- Requires a county social worker to create a case plan for foster youth within a specified timeframe after the child is introduced into the foster care system. (WIC 16501.1 et seq.)
- Requires the case plan to include prescribed components, including, among other things, for youth in foster care 14 years of age and older and nonminor dependents, a document that describes the youth’s rights with respect to education, health, visitation, and court participation, the right to be annually provided with copies of his or her credit reports at no cost, and the right to stay safe and avoid exploitation. (WIC 16501.1(g) )
- Requires foster care providers to ensure that adolescents who remain in long-term foster care receive age-appropriate pregnancy prevention information, provided that the department develops guidelines that describe the duties and responsibilities of foster care providers and county case managers in delivering pregnancy prevention services and information. (WIC 16521.5)
- Requires administrators of group home facilities and short term residential treatment programs have appropriate training to provide the care and services for which a license or certificate is issued, including a minimum of 40 hours of classroom instruction. (HSC 1522.41)
- Requires a licensed or certified foster parent to complete a minimum of eight training hours annually, from a list of specified topics, including age-appropriate development, health issues including trauma and mental health, rights of a foster child, and others. (HSC 1529.2)
- Requires the Judicial Council to develop and implement standards for the education and training of all judges who conduct hearings in the child welfare system, including specified topics. (WIC 304.7 (a))
- Establishes a statewide Child Welfare Training Program to implement statewide coordinated training programs designed specifically to meet the needs of county child protective services social workers, as specified, and requires the curriculum include a list of specified topics. (WIC 16200 et seq.)
- Requires that a foster care provider, in consultation with the county case manager, shall be responsible for ensuring that adolescents, including nonminor dependents, who remain in long-term foster care, as defined, receive age-appropriate pregnancy prevention information to the extent state and county resources are provided. (WIC 16521.5 (a))
- Requires CDSS, in consultation with the Department of Health Care Services, to convene a working group to develop a pregnancy prevention plan that will effectively address the needs of adolescent male and female foster youth, as specified. (WIC 16521.5 (e ))
- Establishes criteria for providing comprehensive sexual health education and HIV prevention education, whether taught or supplemented by school district personnel or by outside consultants, and requires that each school district ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and HIV prevention education and that each pupil shall receive this instruction at least once in junior high or middle school and at least once in high school. (EDC 51930, et seq.)
This bill:
- Requires that a child welfare case plan for youth in foster care 10 years of age and older, and for nonminor dependents enrolled in high school, be updated yearly. The yearly update shall indicate that the case management worker has verified that the youth received comprehensive sexual health education during the previous year through the school system that meets specified Educational requirements.
- Requires that if the youth did not receive this instruction during the previous year, the case plan must document the following:
- For a youth in junior high or middle school, either that the youth has already received this instruction during junior high or middle school, or how the county will ensure that the youth receives the instruction at least once before completing junior high or middle school if the youth remains under the jurisdiction of the dependency court during this time frame.
- For a youth or a nonminor dependent in high school, either that the youth or nonminor dependent has already received this instruction during high school, or how the county will ensure that the youth or nonminor dependent receives the instruction at least once before completing high school if the youth remains under the jurisdiction of the dependency court during this timeframe.
- Requires that the case plan be updated yearly for a youth in foster care 10 years of age and older, or a nonminor dependent to document that the case management worker has done all of the following:
- Informed the youth or nonminor dependent that he or she may access age-appropriate, medically accurate information about reproductive and sexual health care, including, but not limited to, unplanned pregnancy prevention, abstinence, use of birth control, and the prevention and treatment of sexually transmitted infections.
- Informed the youth or nonminor dependent, in an age- and developmentally appropriate manner, of his or her rights to consent to sexual and reproductive health services and his or her confidentiality rights regarding those services.
- Informed the youth or nonminor dependent how to access reproductive and sexual health care services and facilitated access to that care, including by assisting with any identified barriers to care, as needed.
- Clarifies that these requirements shall not be construed to affect applicable confidentiality laws.
- Requires that in order to train case management workers, foster parents, administrators of group homes and short term residential therapeutic programs, judges, and others, CDSS must develop a curriculum for sexual health education.
- Requires the curriculum be consistent with, and in addition to, the pregnancy prevention plan and the curricula guidelines and educational materials previously developed, as specified. Requires this curriculum addresses, at a minimum, all of the following:
- The rights of youth and nonminor dependents in foster care to sexual and reproductive health care and information, to confidentiality of sensitive health information, and the reasonable prudent parent standard.
- How to document sensitive health information, including, but not limited to, sexual and reproductive health issues, in a case plan.
- The duties and responsibilities of the assigned case management worker and the foster care provider in ensuring youth and nonminor dependents in foster care can obtain sexual and reproductive health services and information.
- Guidance about how to engage and talk with youth and nonminor dependents about healthy sexual development and reproductive and sexual health in a manner that is medically accurate, developmentally and age-appropriate, trauma-informed, and strengths based.
- Information about current contraception methods and how to select and provide appropriate referral resources and materials for information and service delivery.
Background
California’s child welfare system is designed to protect children who are abused, neglected or exploited – or judged to be at risk of those acts – by providing intensive services to families in order to keep them together. If maintaining the family is determined not to be in the best interest of the child, the child is removed and the child welfare agency arranges for and monitors temporary or permanent placement of the child in the safest and least restrictive environment possible. Approximately 61,400 children were in out-of-home foster care placement through the child welfare system as of October 1, 2016, according to data produced by UC Berkeley’s Child Welfare Indicators Web site.
Outcomes for foster children are poor: Children and youth have increased rates of chronic health conditions, low educational achievement, mental health conditions – and high rates of unintended pregnancy.
Pregnancy Among Foster Youth. By age 17, 26 percent of foster youth have been pregnant – double the rate of the general population. By age 19, one in five foster youth has been pregnant at least twice. Nearly half have been pregnant at least once, compared to 20 percent of the general population. And children born to a foster youth were three times more likely to have a substantiated report of maltreatment by age 5 than children born to the same-age non-foster youth.
Researchers found in a 2009 survey of three California counties, that only one-third of child welfare workers reported that they felt adequately trained on the topic of pregnancy prevention and reproductive health in dealing with the youth on their caseload. The report quoted surveys which indicated that 59 percent of providers working in programs serving youth in foster care said that their program did not have a specific plan for adolescent pregnancy prevention and that staff reported often feeling unprepared to address the issue. Other researchers indicate that even staff in facilities for pregnant and parenting teens say they are inadequately prepared to discuss prevention of future pregnancies with foster youth.
Pregnancy prevention. A longitudinal study conducted by researchers at the University of Chicago’s Chapin Hall on California adolescents in foster care found half of the 19 year olds surveyed reported ever being pregnant, and documented other heightened pregnancy risks among teens in foster care. Researchers at Chapin Hall also found that two-thirds of young foster women who were pregnant by age 19 described their pregnancy as unintended. More than 34 percent of foster youth who were sexually active reported using no contraception in the prior 12 months, as compared to 15 percent of the same aged population of youth who were not in foster care.
According to the same study, the age of first sexual intercourse is younger for foster youth than the general population and the average number of partners is greater. One in six foster girls in the study reported first sex between ages 10 and 12, and 40 percent were 14 years or younger.
Sexual Health Education. California education statute requires comprehensive sexual health education and HIV prevention education to be taught to students at least once in middle school and once in high school. The instruction must be age-appropriate and medically accurate, and may not promote religious doctrine. While abstinence-only instruction is not permitted, students must be told that abstinence is the only certain way to prevent pregnancy, HIV and other sexually transmitted infections. The school sexual education curriculum also must recognize different sexual orientations and include same-sex relationships when providing examples of couples. Additionally, students must be informed about all FDA-approved methods of contraception. It must address gender identity, sexual assault, relationship abuse and sex trafficking.
In the tri-county survey of county social workers and providers, researchers found that foster youth do not always have the opportunity to participate in high school sex education programs due to frequent chances in residential placement or missed school for other reasons. “In addition, staff reported that faith-based group homes and foster parents may not sign the permission form required for youth to participate in high school sex education. In sum, although some foster youth receive comprehensive sex education through their high schools, other foster youth receive little or none.”
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
An analysis by the Senate Appropriations Committee:
- Significant costs to CDSS of $50,000 in FY 2017-18 and ongoing costs of $100,000 per year to develop the curriculum and deliver the training for case management workers and foster care providers. (GF)
- Significant costs in the hundreds of thousands of dollars in FY 2017-18 and ongoing costs, likely less than $1.5 million per year for reimbursable administrative time for social workers to document, in the case plan, delivery of comprehensive sexual health education and/or a plan for delivery of the comprehensive sexual health education through an alternative source, and to provide information to foster youth and nonminor dependents. (GF)*
John Burton Advocates for Youth (source)
Access Women’s Health Justice
ACT for Women and Girls
All Saints Church Foster Care Project
American Academy of Pediatrics
American Civil Liberties Union
Black Women for Wellness
California State Parent Teachers Association
Children’s Law Center of California
Common Sense Kids Action
County of Los Angeles
East Bay Children’s Law Office
First Place for Youth
Fresno Barrios Unidos
Goodrow Consulting
Harvey Institute
Hillsides
Imperial Valley Regional Occupational Program
Inspiring Scholars – Butte County
James Morehouse Project
Los Angeles Dependency Lawyers, Inc.
National Health Law Program
Physicians for Reproductive Health
Planned Parenthood Affiliates of California
Public Counsel
The American Congress of Obstetricians and Gynecologists
The Child Abuse Prevention Center
The National Campaign to Prevent Teen and Unplanned Pregnancy
The Women’s Foundation of California
Walden Family Services
OPPOSITION: (Verified 5/25/17)
California Right to Life Committee
ARGUMENTS IN SUPPORT: The American Academy of Pediatrics writes that all adolescents should have access to critical information about their bodies and their sexuality. Citing a study that shows girls in foster care have teen pregnancy rates about 2.5 times higher than non-foster peers, the Academy writes that this bill “Would help to break this cycle and afford thousands of foster youth across California the information and health services they need to live healthy, happy lives.”
ARGUMENTS IN OPPOSITION: The California Right to Life Committee wirtes that it “strongly objects to the acceptance of contraception education for minors by educators and social workers. We also object to the requirement for those supervising these young people to monitor them regarding their ‘sexual health’ (by) collecting data about very personal and sensitive situations.”
5/27/17 16:12:19
**** END ****
SENATE COMMITTEE ON
Senator Ricardo Lara, Chair
2017 - 2018 Regular Session
SB 245 (Leyva) - Foster youth: sexual health education
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on May 25, 2017
Bill Summary:
SB 245 would require sexual health education to be included in the foster care case plan for youth 10 years of age and older and for the California Department of Social Services (CDSS) to develop a curriculum and training for case management workers and foster care providers, as specified.
Fiscal Impact:
- Significant costs to CDSS of $50,000 in FY 2017-18 and ongoing costs of $100,000 per year to develop the curriculum and deliver the training for case management workers and foster care providers. (GF)
- Significant costs in the hundreds of thousands of dollars in FY 2017-18 and ongoing costs, likely less than $1.5 million per year for reimbursable administrative time for social workers to document, in the case plan, delivery of comprehensive sexual health education and/or a plan for delivery of the comprehensive sexual health education through an alternative source, and to provide information to foster youth and nonminor dependents. (GF)*
*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.
Author Amendments:
Limit the frequency of reproductive health education for foster youth to match the current requirement within the Education Code (from five times to two times).
-- END --
SENATE COMMITTEE ON
Senator Ricardo Lara, Chair
2017 - 2018 Regular Session
SB 245 (Leyva) - Foster youth: sexual health education
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
SB 245 would require sexual health education to be included in the foster care case plan for youth 10 years of age and older and for the California Department of Social Services (CDSS) to develop a curriculum and training for case management workers and foster care providers, as specified.
Fiscal Impact:
- Significant costs to CDSS of $50,000 in FY 2017-18 and ongoing costs of $100,000 per year to develop the curriculum and deliver the training for case management workers and foster care providers. (GF)
- Significant costs of $1.5 million in FY 2017-18 and ongoing costs of $3 million per year for reimbursable administrative time for social workers to document, in the case plan, delivery of comprehensive sexual health education and/or a plan for delivery of the comprehensive sexual health education through an alternative source, and to provide information to foster youth and nonminor dependents. (GF)*
*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:
According to a 2016 study from UC Berkeley, approximately one-third of youth in foster care are adolescents of reproductive age (14-20 years-old), and as compared to the general U.S. population of the same age, are associated with younger age at first intercourse, greater number of sexual partners, and lower contraceptive use. According to a 2014 CalYOUTH study, 26% of female foster youth had been pregnant by age 17, compared to 10% in the general population. According to the author, this bill will help to address the high rate of unintended pregnancy among youth in foster care. By creating a sexual health curriculum and requiring care providers and judicial officers to attend, the author hopes to increase the information that foster youth are provided in order to help them make more-informed sexual decisions.
A 2009 survey from the Public Health Institute found that in three California counties, only one-third of child welfare workers reported that they felt adequately trained on the topic of pregnancy prevention and reproductive health in dealing with the youth on their caseload. Furthermore, 59% of providers working in programs serving youth in foster care said that their program did not have a specific plan for adolescent pregnancy prevention.
California education statute requires comprehensive, age-appropriate, medically accurate sexual health education and HIV prevention education to be taught to students at least once in middle school and once in high school. In the tri-county survey of county social workers and providers, researchers found that foster youth do not always have the opportunity to participate in high school sex education programs due to frequent changes in residential placement or missed school for other reasons.
In 2016, CDSS convened the Healthy Sexual Development Workgroup to assist in the development of a plan to reduce the rate of unintended pregnancy among foster youth. In response to these findings and the work of CDSS’s Healthy Sexual Development Workgroup, CDSS issued “California’s Plan for the Prevention of Unintended Pregnancy for Youth and Non-Minor Dependents,” and an All County Letter (ACL) summarizing the reproductive and sexual health care rights of foster youth and non-minor dependents. The plan included, among other things, strategies requiring that county agencies provide access to age-appropriate, medically accurate information on reproductive and sexual health care; the prevention of unplanned pregnancies, which includes abstinence and contraception; and the prevention, diagnosis and treatment of sexually transmitted infections and that county agencies inform youth, in an age-appropriate manner, of their rights to consent to the prevention or treatment of pregnancy, including contraception and abortion, at any age; and to consent to the prevention, diagnosis and treatment of STIs at age 12 or older.
Proposed Law:
This bill would:
- Require that a child welfare case plan for youth in foster care 10 years of age and older include documentation that at least once before 12 years of age, at least once between 12 and 14 years of age, at least two times between 15 and 18 years of age, and at least once between the 19 and 21 years of age, the youth has received comprehensive sexual health education, as specified in Education code;
- Require that if the youth or nonminor dependent has not received this instruction through school, the case plan shall document how the county will ensure that the youth receives education through an alternative source that meets specified standards;
- Require that the case plan be updated yearly for a youth in foster care 10 years of age and older, to identify how, during the upcoming year, the agency will ensure the youth has access to age-appropriate, medically accurate information about puberty, reproductive and sexual health care, the prevention of unplanned pregnancies, and the prevention, diagnosis, and treatment of sexually transmitted infections;
- Require the case plan to be updated annually to describe how the agency will ensure the youth is not facing any barriers to accessing reproductive and sexual health care services or treatment and would specify the minimum requirements for information to be addressed in the curriculum;
- Require the training curriculum for group home and short term residential therapeutic program administrators, child protective services caseworkers, judicial officers who hear child welfare cases, licensed and certified foster parents and resource families to include the identified information;
- Permit training for program administrators, child protective services caseworkers, licensed and certified foster parents, and resource families to be satisfied by the curriculum that is to be developed by CDSS.
Related Legislation:
AB 329 (Weber, Chapter 398, Statutes of 2015) requires school districts to teach comprehensive sexual health education to students at least once in middle school and once in high school.
-- END --
Senator Hannah-Beth Jackson, Chair
2017-2018 Regular Session
Bill No: SB 245 (Author:Leyva)
Version: April 6, 2017
Hearing Date: April 25, 2017
Fiscal: Yes
Urgency: No
Consultant: MS
SUBJECT
Foster youth: sexual health education
DESCRIPTION
This bill requires the foster care case plan for youth 10 years of age and older to include documentation that the youth has received comprehensive, age appropriate sexual health education, as specified. This is in an effort to decrease the rate of unintended pregnancy among foster youth in California by improving access to comprehensive sexual health education and ensuring that the reproductive rights of foster youth are met. Additionally, this bill requires the California Department of Social Services (CDSS) to develop a curriculum and training for county child welfare workers, foster care providers, and others, as specified.
BACKGROUND
In 1996, Welfare and Institutions Code Section 16521.5 was introduced, requiring the California Department of Social Services (CDSS) to convene a workgroup to develop a plan to reduce the rate of unintended pregnancy among foster youth. The requirements of this code section never came to fruition until 2015 when CDSS entered into a settlement agreement with the National Center for Youth Law (NCYL). This agreement included a requirement that CDSS fulfill its obligations under this statute. Thus, in 2016 CDSS convened the Healthy Sexual Development Workgroup to assist in the development of a plan to reduce the rate of unintended pregnancy among foster youth.
As a result of the conversations and research that has stemmed from these efforts to enforce the requirements of Welfare and Institutions Code Section 16521.5, we now know that 52 percent of California’s female foster youth have experienced a pregnancy at least once by the age of 20. This number is almost three times higher than that of youth not in foster care. (Mark Courtney, et al., Findings from the California Youth Transitions to Adulthood Study (CalYouth): Conditions of Youth at Age 19 (2016), p. 143.) When these female youth were asked about their desire to become pregnant, approximately one-third reported that they did not want to have a baby and more than one-quarter said they did not want to become pregnant at that time. (IBID.) Furthermore, 18 percent of these youth received either no prenatal care or had their first doctor visit in the seventh month of their pregnancy. (IBID.)
The research further shows that the barriers faced by parenting foster youth result in greater hardships than those faced by their peers. For example, at age 19 many parenting foster youth report not having enrolled in higher education because the need to care for their child was a major barrier to returning to school. (Mark Courtney, et al., Findings from the California Youth Transitions to Adulthood Study (CalYouth): Conditions of Youth at Age 19 (2016), p. 143.) Moreover, women with children at age 24 face a 30 percent reduction in their odds of being employed. This remains true even after holding education attainment constant. (Jacqueline Corcoran, Consequences of Adolescent Pregnancy/Parenting: A Review of the Literature, (1998).) These increased hardships do not just impact the parents. The children of these foster youth are 300 percent more likely to have a substantiated report of abuse against them before age five. (Emily Putnam-Hortstein, et al., California’s Most Vulnerable Parents: Adolescent Mothers and Intergenerational Child Protective Service Involvement (2013) p. 4.)
In response to these findings and the work of the CDSS’s Healthy Sexual Development Workgroup, CDSS issued “California’s Plan for the Prevention of Unintended Pregnancy for Youth and Non-Minor Dependents,” and an All County Letter (ACL) summarizing the reproductive and sexual health care rights of foster youth and non-minor dependents. These documents show that youth in foster care have significant existing rights related to reproductive health and pregnancy prevention, and that it is the duty of child welfare agencies and foster caregivers to ensure these rights are met.
SB 245 is a state-level effort to ensure the rights of foster youth are met, and the duties of child welfare agencies and foster caregivers are fulfilled, relating to reproductive health and pregnancy prevention. This bill seeks to accomplish these goals through the following four provisions:
- ensuring foster youth aged 10 and older receive periodic comprehensive sexual health education that meets requirements set forth in the California Education Code with the receipt of this education documented in the youth’s case plan;
- ensuring the existing reproductive rights of foster youth are met by annually updating the youth’s case plan to identify how, during the upcoming year, the agency will ensure the youth has access to age-appropriate, medically accurate information on puberty, reproductive and sexual health care, the prevention of unplanned pregnancies, the prevention, diagnosis, and treatment of sexually transmitted infections, and how the agency will ensure the youth is not facing any barriers to accessing reproductive and sexual health care services or treatment;
- developing a statewide curriculum on the reproductive rights of foster youth, the documentation of sensitive health information in the case plan, the role of the social worker and the caregiver in ensuring youth obtain sexual and reproductive health services, how to talk to youth about sexual and reproductive health, contraceptive information, and referral resources; and
- training social workers, judges, licensed foster parents, relative caregivers, group home personnel and personnel working for foster family agencies on the content included in the statewide curriculum.
CHANGES TO EXISTING LAW
Existing law requires a county social worker create a case plan for foster youth within a specified timeframe after the child is introduced into the foster care system (Welf. & Inst. Code Sec. 16501.1 et seq.)
Existing law requires the case plan to include prescribed components, including, among other things, for youth in foster care 14 years of age and older, a document that describes the youth’s rights with respect to education, health, visitation, court participation, the right to be annually provided with copies of his or her credit reports at no cost, and the right to stay safe and avoid exploitation. (Welf. & Inst. Code Sec. 16501.1(g).)
Existing law requires foster care providers to ensure that adolescents who remain in long term foster care receive age-appropriate pregnancy prevention information, provided that the department develops guidelines that describe the duties and responsibilities of foster care providers and county case managers in delivering pregnancy prevention services and information. (Welf. & Inst. Code Sec. 16521.5.)
Existing law requires administrators of group home facilities and short term residential treatment programs have appropriate training to provide the care and services for which a license or certificate is issued, including a minimum 40 hours of classroom instruction. (Health & Saf. Code Sec. 1522.41.)
Existing law requires a licensed or certified foster parent complete a minimum of eight training hours annually, from a list of specified topics, including age-appropriate development, health issues including trauma and mental health, rights of a foster child, and others. (Health & Saf. Code Sec. 1529.4.)
Existing law requires the Judicial Council to develop and implement standards for the education and training of all judges who conduct hearings in the child welfare system, including specified topics. (Welf. & Inst. Code Sec. 304.7(a).)
Existing law establishes a statewide Child Welfare Training Program to implement statewide coordinated training programs designed specifically to meet the needs of county child protective services social workers, as specified, and requires the curriculum include a list of specified topics. (Welf. & Inst. Code Sec. 16200 et seq.)
Existing law requires various elements of the case plan be documented, including the original allegations of neglect or abuse, schedule of visits of the social worker and the child’s parents, if applicable, plans to maintain sibling relationships, and justifications for various placement and services choices, as specified. (Welf. & Inst. Code Sec. 16501.1(g).)
Existing law would require that a foster care provider, in consultation with the county case manager, shall be responsible for ensuring that adolescents, including non-minor dependents, who remain in long term foster care, as defined, receive age-appropriate pregnancy prevention information to the extent state and county resources are provided. (Welf. & Inst. Code Sec. 16521.5(a).)
Existing law would require CDSS, in consultation with the Department of Health Care Services, to convene a working group to develop a pregnancy prevention plan that will effectively address the needs of adolescent male and female foster youth, as specified. (Welf. & Inst. Code Sec. 16521.5(e).)
Existing law establishes criteria for providing comprehensive sexual health education and HIV prevention education, whether taught or supplemented by school district personnel or by outside consultants, and requires that each school district ensure that all pupils in grades 7 to 12 receive inclusive, comprehensive sexual health education and HIV prevention education, and that each pupil shall receive this instruction at least once in junior high or middle school and at least once in high school. (Ed. Code Sec. 51930 et seq.)
This bill would require that a child welfare case plan for youth in foster care 10 years of age and older include documentation that at least once before 12 years of age, at least once between 12 and 14 years of age, at least two times between 15 and 18 years of age, and at least once between 19 and 21 years of age, the youth has received comprehensive sexual health education, as specified in the Education Code.
This bill would require that if the youth or nonminor dependent has not received this instruction through school, the case plan shall document how the county will ensure that the youth receives education through an alternative source that meets specified standards.
This bill would require that the case plan be updated yearly for a youth in foster care 10 years of age and older, to identify how, during the upcoming year, the agency will ensure the youth has access to age-appropriate, medically accurate information about puberty, reproductive and sexual health care, the prevention of unplanned pregnancies, and the prevention, diagnosis, and treatment of sexually transmitted infections.
This bill would require the case plan to be updated annually to describe how the agency will ensure the youth is not facing any barriers to accessing reproductive and sexual health care services or treatment.
This bill would require that in order to train case management workers and foster care providers, CDSS must develop a curriculum that is consistent with, and in addition to, the pregnancy prevention plan and the curricula guidelines and educational materials previously developed, as specified. This bill would require this curriculum to address, at a minimum, all of the following:
- the rights of youth and nonminor dependents in foster care to sexual and reproductive health care and information, to the confidentiality of sensitive health information, and to the reasonable prudent parent standard;
- how to document sensitive health information, including, but not limited to, sexual and reproductive health issues, in a case plan;
- the duties and responsibilities of the assigned case management worker and the foster care provider in ensuring youth and nonminor dependents in foster care can obtain sexual and reproductive health services and information;
- guidance about how to engage and talk with youth and nonminor dependents about healthly sexual development and reproductive and sexual health in a manner that is medically accurate, developmentally and age-appropriate, trauma-informed, and strengths-based; and
- information about current contraception methods and how to select and provide appropriate referral resources and materials for information and service delivery.
This bill would require the training curriculum for group home and short term residential therapeutic program administrators, child protective services caseworkers, judicial officers who hear child welfare cases, licensed and certified foster parents and resource families to include the identified information.
This bill would permit training for program administrators, child protective services caseworkers, licensed and certified foster parents, and resource families to be satisfied by the curriculum that is to be developed by CDSS.
COMMENT
- Stated need for the bill
According to the author:
SB 245 would remedy deficiencies in current law, which led to high rates of unintended pregnancy among youth in foster care, by supporting the implementation of recommendations in the Plan to Reduce Unintended Pregnancy for Youth in Foster Care (ACL 16-88) issued by CDSS.
- Lack of access to comprehensive sexual health education
Research shows that foster youth often face higher rates of sexual abuse and assault, a lower average age of first intercourse, a higher reported number of sexual partners, and a lower reported use of contraception. (Mark Courtney, et al., Findings from the California Youth Transitions to Adulthood Study (CalYouth): Conditions of Youth at Age 19 (2016).) These factors, among others, combine to make foster youth disproportionately at-risk for unintended pregnancy, especially since foster youth often do not know who or where to go with questions about their reproductive or sexual health needs. Frequent placement changes further complicate their access to this information, since it may mean they miss the school based sexual health education that is required to be offered at least once in middle school and at least once in high school under existing law.
According to the sponsors, this bill would help reduce this lack of access by utilizing existing case plans to ensure the social worker is documenting the youth’s receipt of comprehensive sexual health education. If the youth has not received this instruction through school, the case plan is required to document how the county will ensure that the youth receives this education through an alternative source that meets the standards established under Chapter 5.6 of Part 28 of Division 4 of Title 2 of the Education Code. Additionally, this bill will require the case plan be updated yearly to identify how, during the upcoming year: the agency will ensure the youth has access to age-appropriate, medically accurate information on puberty, reproductive and sexual health care, the prevention of unplanned pregnancies, the prevention, diagnosis, and treatment of sexually transmitted infections, and how the agency will ensure the youth is not facing any barriers to accessing reproductive and sexual health care services or treatment. These changes would ensure the existing laws on this issue are being enforced by requiring the tracking of when a foster youth has received the required reproductive and sexual health education.
- Standardized curriculum and training requirements
A 2009 survey of three California Counties found that only a third of child welfare workers reported that they felt adequately trained on how to talk about reproductive and sexual health needs with their youth. Many of the foster caregivers, both resource families and group home staff, surveyed noted that they had not received any training on this topic and that they had to seek out such information on their own.
To ensure foster caregivers and county child welfare staff are adequately trained on what is required of them under the law and how to have these conversations with their youth, this bill would require CDSS to develop a statewide curriculum on the reproductive rights of foster youth, the documentation of sensitive health information in the case plan, the role of the social worker and caregiver in ensuring youth obtain sexual and reproductive health services, how to talk to youth about sexual and reproductive health, contraception information, and referral resources. Moreover, this bill would require social workers, judges, licensed foster parents, relative caregivers, group home personnel and personnel working for foster family agencies receive training on the content included in the statewide curriculum.
According to John Burton Advocates for Youth, the National Center for Youth Law, and the Children’s Law Center of Los Angeles, the sponsors of this bill:
California’s foster care population has undergone an important demographic shift in the last five years, with one in four of California’s foster youth being 16 years of age or older as of 2016. Unfortunately, social workers and caregivers have not been provided the training to address many of the new realities of this older foster youth population, including pregnancy prevention and reproductive health. A full two-thirds of child welfare workers reported that they felt inadequately trained on this topic.
SB 245 would remedy the deficiency in current state law, which does not ensure social workers, caregivers, and judges receive this training and does not provide them with a statewide curriculum on the reproductive rights of foster youth, the documentation of sensitive health information in the case plan, the role of the social worker and caregiver in ensuring youth obtain sexual and reproductive health services, how to talk to youth about sexual and reproductive health and information on contraception and referral resources.
Support: All Saints Church Foster Care Project; American Medical Women’s Association; California Latinas for Reproductive Justice; Children’s Law Center of Los Angeles (Co-Sponsor); Citizens for Choice; Common Sense Kids Action; East Bay Children’s Law Offices; First Place for Youth; Harvey Institute; Hillsides; If When How; James Morehouse Project, El Cerrito High School; John Burton Advocates for Youth (Co-Sponsor); Latino Coalition for a Healthy California; Los Angeles County Board of Supervisors; National Center for Youth Law (Co-Sponsor); Planned Parenthood Action Fund of the Pacific Southwest; Planned Parenthood Advocacy Project Lost Angeles County; Planned Parenthood Advocates Pasadena and San Gabriel Valley; Planned Parenthood Affiliates of California; Planned Parenthood Central Coast Action Fund; Planned Parenthood Mar Monte; Planned Parenthood Northern California Action Fund; Positive Women’s Network – USA; Public Counsel; The American Congress of Obstetricians and Gynecologists, District IX; The Community Action Fund of Planned Parenthood of Orange and San Bernardino Counties; The National Campaign to Prevent Teen and Unplanned Pregnancy; Walden Family Services; Women’s Foundation of California
Opposition: California Right to Life Committee, Inc.
HISTORY
Source: Children’s Law Center of Los Angeles, John Burton Advocates for Youth, National Center for Youth Law
Related Pending Legislation: None Known
Prior Legislation: None Known
Prior Vote: Senate Committee on Human Services (Ayes 3, Noes 1)
*************
SENATE COMMITTEE ON HUMAN SERVICES
Senator Wiener, Chair
2017 - 2018 Regular
Bill No: SB 245
Author: | Leyva | ||
Version: | March 28, 2017 | Hearing Date: | April 4, 2017 |
Urgency: | No | Fiscal: | Yes |
Consultant: | Mareva Brown | ||
Subject: Foster youth: sexual health education
SUMMARY
This bill requires the foster care case plan for youth 10 years of age and older to include documentation that the youth has received comprehensive sexual health education, as specified. It requires the California Department of Social Services (CDSS) to develop a curriculum and training for case management workers and foster care providers, and others, as specified.
ABSTRACT
Existing law:
- Existing law requires a county social worker to create a case plan for foster youth within a specified timeframe after the child is introduced into the foster care system. (WIC 16501.1 et seq.)
- Existing law requires the case plan to include prescribed components, including, among other things, for youth in foster care 14 years of age and older and nonminor dependents, a document that describes the youth’s rights with respect to education, health, visitation, and court participation, the right to be annually provided with copies of his or her credit reports at no cost, and the right to stay safe and avoid exploitation. (WIC 16501.1(g) )
- Existing law requires foster care providers to ensure that adolescents who remain in long-term foster care receive age-appropriate pregnancy prevention information, provided that the department develops guidelines that describe the duties and responsibilities of foster care providers and county case managers in delivering pregnancy prevention services and information. (WIC 16521.5)
- Requires administrators of group home facilities and short term residential treatment programs have appropriate training to provide the care and services for which a license or certificate is issued, including a minimum of 40 hours of classroom instruction. (HSC 1522.41)
- Requires a licensed or certified foster parent to complete a minimum of eight training hours annually, from a list of specified topics, including age-appropriate development, health issues including trauma and mental health, rights of a foster child, and others. (HSC 1529.2)
- Requires the Judicial Council to develop and implement standards for the education and training of all judges who conduct hearings in the child welfare system, including specified topics. (WIC 304.7 (a))
- Establishes a statewide Child Welfare Training Program to implement statewide coordinated training programs designed specifically to meet the needs of county child protective services social workers, as specified, and requires the curriculum include a list of specified topics. (WIC 16200 et seq.)
- Requires various elements of the case plan be documented, including the original allegations of neglect or abuse, schedule of visits of the social worker and the child’s parents, if applicable, plans to maintain sibling relationships, and justifications for various placement and services choices, as specified. (WIC 16501.1 (g))
- Requires that a foster care provider, in consultation with the county case manager, shall be responsible for ensuring that adolescents, including nonminor dependents, who remain in long-term foster care, as defined, receive age-appropriate pregnancy prevention information to the extent state and county resources are provided. (WIC 16521.5 (a))
- Requires CDSS, in consultation with the Department of Health Care Services, to convene a working group to develop a pregnancy prevention plan that will effectively address the needs of adolescent male and female foster youth, as specified. (WIC 16521.5 (e ))
- Establishes criteria for providing comprehensive sexual health education and HIV prevention education, whether taught or supplemented by school district personnel or by outside consultants, and requires that each school district ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and HIV prevention education and that each pupil shall receive this instruction at least once in junior high or middle school and at least once in high school. (EDC 51930, et seq.)
This bill:
- Requires that a child welfare case plan for youth in foster care 10 years of age and older include documentation that at least once before 12 years of age, at least once between 12 and 14 years of age, at least two times between 15 and 18 years of age, and at least once between the 19 and 21 years of age, the youth has received comprehensive sexual health education, as specified in Education code.
- Requires that if the youth or nonminor dependent has not received this instruction through school, the case plan shall document how the county will ensure that the youth receives education through an alternative source that meets specified standards.
- Requires that the case plan be updated yearly for a youth in foster care 10 years of age and older, to identify how, during the upcoming year, the agency will ensure the youth has access to age-appropriate, medically accurate information on puberty, reproductive and sexual health care, the prevention of unplanned pregnancies, and the prevention, diagnosis, and treatment of sexually transmitted infections.
- Additionally requires the case plan to be updated annually to describe how the agency will ensure the youth is not facing any barriers to accessing reproductive and sexual health care services or treatment.
- Requires that in order to train case management workers and foster care providers, CDSS must develop a curriculum that is consistent with, and in addition to, the pregnancy prevention plan and the curricula guidelines and educational materials previously developed, as specified. Requires this curriculum addresses, at a minimum, all of the following:
- The rights of youth and nonminor dependents in foster care to sexual and reproductive health care and information, to confidentiality of sensitive health information, and the reasonable prudent parent standard.
- How to document sensitive health information, including, but not limited to, sexual and reproductive health issues, in a case plan.
- The duties and responsibilities of the assigned case management worker and the foster care provider in ensuring youth and nonminor dependents in foster care can obtain sexual and reproductive health services and information.
- Guidance about how to engage and talk with youth and nonminor dependents about healthy sexual development and reproductive and sexual health in a manner that is medically accurate, developmentally and age-appropriate, trauma-informed, and strengths based.
- Information about current contraception methods and how to select and provide appropriate referral resources and materials for information and service delivery.
- Requires the training curriculum for group home and short term residential therapeutic program administrators, child protective services caseworkers, judicial officers who hear child welfare cases, licensed and certified foster parents and resource families to include the identified information.
- Permits training for program administrators, child protective services caseworkers, licensed and certified foster parents, resource families to be satisfied by the curriculum that is to be developed by CDSS.
FISCAL IMPACT
This bill has not been analyzed by a fiscal committee.
BACKGROUND AND DISCUSSION
Purpose of the bill:
According to the author, this bill will help to address the high rate of unintended pregnancy among youth in foster care. Foster youth are pregnant 2½ times more than the same-age population of youth who are not in foster care. By creating a sexual health curriculum and requiring care providers and judicial officers to attend, the author hopes to increase the information that foster youth are provided in order to help them make more-informed sexual decisions. By requiring that social workers document in the child’s case plan that children and youth are getting comprehensive sexual education and are not facing any barriers to pregnancy prevention, the author further hopes to diminish the rate of pregnancy among foster youth.
Background:
California’s child welfare system is designed to protect children who are abused, neglected or exploited – or judged to be at risk of those acts – by providing intensive services to families in order to keep them together. If maintaining the family is determined not to be in the best interest of the child, the child is removed and the child welfare agency arranges for and monitors temporary or permanent placement of the child in the safest and least restrictive environment possible. Approximately 61,400 children were in out-of-home foster care placement through the child welfare system as of October 1, 2016, according to data produced by UC Berkeley’s Child Welfare Indicators website.
Outcomes for foster children are poor: Children and youth have increased rates of chronic health conditions, low educational achievement, mental health conditions – and high rates of unintended pregnancy.
Pregnancy Among Foster Youth
By age 17, 26 percent of foster youth have been pregnant – double the rate of the general population. By age 19, one in five foster youth has been pregnant at least twice. Nearly half have been pregnant at least once, compared to 20 percent of the general population. And children born to a foster youth were three times more likely to have a substantiated report of maltreatment by age 5 than children born to the same-age non-foster youth.
Researchers found in a 2009 survey of three California counties, that only one-third of child welfare workers reported that they felt adequately trained on the topic of pregnancy prevention and reproductive health in dealing with the youth on their caseload.[1] The report quoted other surveys which indicated that 59 percent of providers working in programs serving youth in foster care said that their program did not have a specific plan for adolescent pregnancy prevention and that staff reported often feeling unprepared to address the issue. Other researchers indicate that even staff in facilities for pregnant and parenting teens say they are inadequately prepared to discuss prevention of future pregnancies with foster youth.
Pregnancy prevention
A longitudinal study conducted by researchers at the University of Chicago’s Chapin Hall on California adolescents in foster care found half of the 19 year olds surveyed reported ever being pregnant, and documented other heightened pregnancy risks among teens in foster care:
“Just over one quarter of the female youth that had become pregnant since the last interview reported using birth control at the time of their most recent pregnancy. When asked about their desire to become pregnant at the time, about one-third of youth reported that they definitely did not want to have a baby, about one-quarter reported that they definitely wanted to have a baby, and over one-quarter said that they neither wanted nor did not want to have a baby.[2]
Researchers at Chapin Hall also found that two-thirds of young foster women who were pregnant by age 19 described their pregnancy as unintended. More than 34 percent of foster youth who were sexually active reported using no contraception in the prior 12 months, as compared to 15 percent of the same aged population of youth who were not in foster care.
According to the same study, the age of first sexual intercourse is younger for foster youth than the general population and the average number of partners is greater. One in six foster girls in the study reported first sex between ages 10 and 12, and 40 percent were 14 years or younger.
Sexual Health Education
California education statute requires comprehensive sexual health education and HIV prevention education to be taught to students at least once in middle school and once in high school. The instruction must be age-appropriate and medically accurate, and may not promote religious doctrine. While abstinence-only instruction is not permitted, students must be told that abstinence is the only certain way to prevent pregnancy, HIV and other sexually transmitted infections (STI). The school sexual education curriculum also must recognize different sexual orientations and include same-sex relationships when providing examples of couples. Additionally, students must be informed about all FDA-approved methods of contraception. It must address gender identity, sexual assault, relationship abuse and sex trafficking.
In the tri-county survey of county social workers and providers, researchers found that foster youth do not always have the opportunity to participate in high school sex education programs due to frequent chances in residential placement or missed school for other reasons. “In addition, staff reported that faith-based group homes and foster parents may not sign the permission form required for youth to participate in high school sex education. In sum, although some foster youth receive comprehensive sex education through their high school, other foster youth receive little or none.”[3]
Related legislation:
AB 329 (Weber, Chapter 398, Statutes of 2015) requires school districts to teach comprehensive sexual health education to students at least once in middle school and once in high school.
COMMENTS
Proponents of the bill say that foster youth may miss out on the instruction if they are changing foster care placements, attending non-public schools or not in attendance for other reasons. This bill requires the social worker to arrange for the student to receive comprehensive sexual education if the student does not receive it in school, and to document that the child received it in school, if that is the case.
- This bill requires more frequent education than the public school curriculum provides. Even if the child attends public school curriculum between ages 12 and 14 and in high school, the social worker would need to arrange for sex education for youth younger than age 12, a second time while the youth is in high school and between ages 19 and 21. The County Welfare Directors Association points out that if a child remains in care throughout that time frame, a child would be required to have sex education training five times. The author may want to consider clarifying at what point and how often the social worker is required to ensure a child has training, if the child remains in care for the duration of that time frame.
- This bill requires the social worker to update the case plan of a foster youth aged 10 and older to identify how the agency will ensure the youth has access to age-appropriate information, as specified, and how the agency will ensure the youth is not facing any barriers to accessing reproductive and sexual health care services or treatment. Requiring a social worker to ensure the youth faces no barriers to reproductive treatment may be difficult if the social worker is unaware of the barriers. The author suggests, and staff recommends the following amendment:
WIC 16501(g) (21)
Strike the existing language and replace it, as follows:
(21) For youth in foster care 10 years of age and older, the case plan shall be updated yearly to identify how, during the upcoming year, the agency will ensure the youth has access to age-appropriate, medically accurate information on puberty, reproductive and sexual health care, the prevention of unplanned pregnancies, and the prevention, diagnosis, and treatment of sexually transmitted infections, and how the agency will ensure the youth is not facing any barriers to accessing reproductive and sexual health care services or treatment.
For youth in foster care 10 years of age and older and nonminor dependents, the case plan shall be updated yearly to document that the case management worker has:
- Informed the youth or nonminor dependent that they may access age-appropriate, medically accurate information about reproductive and sexual health care, unplanned pregnancy prevention, abstinence, use of birth control, and the prevention and treatment of sexually transmitted infections.
- Informed the youth or nonminor dependent, in an age- and developmentally- appropriate manner, of their rights to consent to sexual and reproductive health services and their confidentiality rights regarding such services.
- Informed the youth or nonminor dependent how to access reproductive and sexual health care services, and facilitated access to such care, including assisting with any identified barriers to care, as needed.
POSITIONS
Support:
ACCESS Women’s Health Justice
ACT for Women and Girls
All Saints Church Foster Care Project
Child Abuse Prevention Center
Children’s Law Center (Co-sponsor)
Common Sense Kids Action
East Bay Children’s Law Offices
First Place For Youth
Fresno Barrios Unidos
Goodrow Consulting
Harvey Institute
Hillsides
Imperial Valley Regional Occupational Program
Inspiring Scholars, Foster Youth Program
James Morehouse Project
John Burton Advocates for Youth (Co-sponsor)
Los Angeles Dependency Lawyers, Inc.
The National Campaign to Prevent Teen and Unplanned Pregnancy
National Health Law Program
Physicians for Reproductive Health
Planned Parenthood Affiliates of California
Public Counsel
Walden Family Services
The Women’s Foundation of California
Oppose:
California Right to Life Committee
-- END --
Constantine et al., “Sex Education and Reproductive Health Needs of foster and Transitioning Youth in Three California Counties,” Public Health Institute, 2009. ↑
Courtney, Mark, et all. “Findings from the California Youth Transitions to Adulthood Study: Conditions of Youth at age 19,” 2016. P 143 ↑
Constantine et al., pg 14. ↑
Discussed in Hearing
3MIN
Senate Floor
48MIN
Senate Standing Committee on Appropriations
9MIN
Senate Standing Committee on Judiciary
Bill Author
Bill Co-Author(s):