SB 612: Foster care: transitional housing.

Existing law, the California Community Care Facilities Act, requires the State Department of Social Services to license and regulate transitional housing placement providers as a community care facility. A transitional housing placement provider is defined as an organization licensed by the department to provide transitional housing to foster children at least 16 years of age and not more than 18 years of age, and nonminor dependents, as defined, to promote their transition to adulthood. Existing law provides for a Transitional Housing Placement Program serving foster children at least 16 years of age and not more than 18 years of age, and provides for a Transitional Housing Placement-Plus Foster Care Program serving nonminor dependents at least 18 years of age and not more than 21 years of age. Existing law requires transitional housing to include, among others, programs in which a participant lives independently in an apartment, single-family dwelling, or condominium owned or leased by the provider either with an adult employee of the provider or in a building in which one or more adult employees of the provider reside and provide supervision, and programs in which a participant, who is either a minor foster child placed prior to October 1, 2012, or a nonminor dependent, lives independently in an apartment, single-family dwelling, or condominium owned or leased by a provider under the supervision of the provider if the department approves. A violation of the act is a misdemeanor.

This bill would revise and recast the above-described provisions, by among other things, redefining transitional housing placement provider to mean an organization licensed by the department to provide transitional housing to foster children who are at least 16 years of age to promote their transition to adulthood. The bill would authorize transitional housing placement providers to operate either a Transitional Housing Placement program for minor foster children, a program serving foster children at least 16 years of age and not more than 18 years of age, or a Transitional Housing Placement program for nonminor dependents, a program serving nonminor dependents at least 18 years of age and not more than 21 years of age. The bill would provide that transitional housing units include a host family certified by a transitional housing placement provider with whom a participant lives, as provided, a staffed site in which the participant lives, as provided, and a remote site in which the participant lives independently, as provided. The bill would authorize a transitional housing placement provider to cosign a lease with a nonminor dependent, as specified by the department. The bill would require the department to adopt regulations to govern transitional housing placement providers that meet minimum requirements, as specified, including regulations that expand provisions relating to the persons with whom a participant may reside.

The bill would also require a program manager for a Transitional Housing Placement program for nonminor dependents to meet specified education and experience requirements, including possessing a masters degree or higher from an accredited or state-approved graduate school in specified areas and having a minimum of 2 years experience in a public or private child welfare social services setting, or other equivalent education and experience, except as specified. The bill would authorize the department to grant exceptions to these requirements, as specified. By expanding the definition of a crime, the bill would impose a state-mandated local program.

Existing law authorizes a foster family agency to use only a certified family home or a resource family that has been certified or approved by that agency, or a licensed foster family home or a county-approved resource family approved for this use by the county, for the placement of foster children.

This bill would authorize a certified family home or resource family of a foster family agency to be concurrently certified as a host family, as provided, if the home is certified by the same private, nonprofit organization licensed to operate as a transitional housing placement provider and foster family agency. The bill would require a host family that is certified pursuant to these provisions to comply with the laws applicable to a certified family home or resource family, as determined by the department.

The bill would require the department to adopt regulations to implement these provisions. Notwithstanding that provision, the bill would authorize the department to implement these provisions through all-county letters or other similar written instructions until regulations are adopted.

The bill would also make technical and conforming changes.

This bill would incorporate additional changes to Section 1502 of the Health and Safety Code proposed by AB 501 to be operative only if this bill and AB 501 are enacted and this bill is enacted last.

This bill would incorporate additional changes to Section 11400 of the Welfare and Institutions Code proposed by AB 404 to be operative only if this bill and AB 404 are enacted and this bill is enacted last.

This bill would incorporate additional changes to Section 11402 of the Welfare and Institutions Code proposed by AB 766 to be operative only if this bill and AB 766 are enacted and this bill is enacted last.

This bill would incorporate additional changes to Section 11403.3 of the Welfare and Institutions Code proposed by AB 404 to be operative only if this bill and AB 404 are enacted and this bill is enacted last.

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.