California Assembly Bill AB1997 Introduced / Bill

 BILL NUMBER: AB 1997INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Mark Stone FEBRUARY 16, 2016 An act to amend Sections 1501.1, 1502, 1517, 1520.1, 1525.5, and 1562.01 of the Health and Safety Code, and to amend Sections 4094.2, 11462, 11466, and 16519.5, of the Welfare and Institutions Code, relating to foster care. LEGISLATIVE COUNSEL'S DIGEST AB 1997, as introduced, Mark Stone. Foster care. Existing law provides for the early implementation, by counties and foster family agencies, of the resource family approval process, which is a unified, family friendly, and child-centered approval process that replaces the multiple processes for licensing foster family homes, approving relatives and nonrelative extended family members as foster care providers, and approving adoptive families. Existing law requires the State Department of Social Services to implement the resource family approval process in all counties and with all foster family agencies by January 1, 2017. This bill would make conforming statutory changes related to the statewide implementation of the resource family approval process, including prohibiting the department from accepting applications to license foster family homes on and after January 1, 2017. The bill would also revise certain aspects of the resource family approval process, including by requiring counties and foster family agencies to conduct annual, announced inspections of resource family homes and to inspect resource family homes as often as necessary to ensure the quality of care provided, and by authorizing counties to grant, deny, or rescind criminal records exemptions. By imposing additional duties on counties, and by expanding the duties of foster family agencies, for which the failure to comply is a crime, this bill would impose a state-mandated local program. Existing law, the California Community Care Facilities Act, provides for the licensure of short-term residential treatment centers, which are residential facilities licensed by the State Department of Social Services and operated by any public agency or private organization that provides short-term, specialized, and intensive treatment, and 24-hour care and supervision to children. A violation of the act is a crime. This bill would require a private short-term residential treatment center to be organized and operated on a nonprofit basis. By expanding the scope of a crime, this bill would impose a state-mandated local program. Existing law generally requires, commencing January 1, 2017, a community treatment facility program to have accreditation from a nationally recognized accrediting entity identified by the State Department of Social Services pursuant to a specified process. Existing law provides that a community treatment facility program that has been granted a specified extension does not have to comply with that requirement until January 1, 2018. This bill would provide that a community treatment facility program that has been granted that specified extension does not have to comply with the accreditation requirement until January 1, 2019. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for specified reasons. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1501.1 of the Health and Safety Code is amended to read: 1501.1. (a) It is the policy of the state to facilitate the proper placement of every child in residential care facilities where the placement is in the best interests of the child. A county may require placement or licensing agencies, or both placement and licensing agencies, to actively seek out-of-home care facilities capable of meeting the varied needs of the child. Therefore, in placing children in out-of-home care, particular attention should be given to the individual child's needs, the ability of the facility to meet those needs, the needs of other children in the facility, the licensing requirements of the facility as determined by the licensing agency, and the impact of the placement on the family reunification plan. (b) Pursuant to this section, children with varying designations and varying needs, including, on and after January 1, 2012, nonminor dependents, as defined in subdivision (v) of Section 11400 of the Welfare and Institutions Code, except as provided by statute, may be placed in the same facility provided the facility is licensed, complies with all licensing requirements relevant to the protection of the child, and has a special permit, if necessary, to meet the needs of each child so placed. A facility may not require, as a condition of placement, that a child be identified as an individual with exceptional needs as defined by Section 56026 of the Education Code. (c) Neither the requirement for any license nor any regulation shall restrict the implementation of the provisions of this section. Implementation of this section does not obviate the requirement for a facility to be licensed by the department. (d) Pursuant to this section, children with varying designations and varying needs, including, on and after January 1, 2012, nonminor dependents, as defined in subdivision (v) of Section 11400 of the Welfare and Institutions Code, except as provided by statute, may be placed in the same licensed foster family home or with a foster family agency for subsequent placement in a certified family  home.   home   or with a resource family.  Children, including nonminor dependents, with developmental disabilities, mental disorders, or physical disabilities may be placed in licensed foster family homes or certified family  homes,   homes or with resource families,  provided that an appraisal of the child's or nonminor dependent's needs and the ability of the receiving home to meet those needs is made jointly by the placement agency and the licensee in the case of licensed foster family homes or the placement agency and the foster family agency in the case of certified family  homes,   homes or resource families,  and is followed by written confirmation prior to placement. The appraisal shall confirm that the placement poses no threat to any child in the home.  For   (e)     (1)     For  purposes of this chapter, the placing of children by foster family agencies shall be referred to as "subsequent placement" to distinguish the activity from the placing by public agencies.  (2) For purposes of this chapter, and unless otherwise specified, references to a "child" shall include a "nonminor dependent" and "nonminor former dependent or ward" as those terms are defined in subdivision (v) and paragraph (1) of subdivision (aa) of Section 11400 of the Welfare and Institutions Code.  SEC. 2. Section 1502 of the Health and Safety Code is amended to read: 1502. As used in this chapter: (a) "Community care facility" means any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and includes the following: (1) "Residential facility" means any family home, group care facility, or similar facility determined by the director, for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. (2) "Adult day program" means any community-based facility or program that provides care to persons 18 years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of these individuals on less than a 24-hour basis. (3) "Therapeutic day services facility" means any facility that provides nonmedical care, counseling, educational or vocational support, or social rehabilitation services on less than a 24-hour basis to persons under 18 years of age who would otherwise be placed in foster care or who are returning to families from foster care. Program standards for these facilities shall be developed by the department, pursuant to Section 1530, in consultation with therapeutic day services and foster care providers. (4) "Foster family agency" means any public agency or private organization engaged in the recruiting, certifying,  approving,  and training of, and providing professional support to, foster  parents,   parents and resource families,  or in finding homes  or other places  for  the  placement of children for temporary or permanent care who require that level of care. Private foster family agencies shall be organized and operated on a nonprofit basis. (5)  (A)    "Foster family home" means any residential facility providing 24-hour care for six or fewer foster children that is owned, leased, or rented and is the residence of the foster parent or parents, including their family, in whose care the foster children have been placed. The placement may be by a public or private child placement agency or by a court order, or by voluntary placement by a parent, parents, or guardian. It also means a foster family home described in Section 1505.2.  (B) On and after January 1, 2017, the department shall not accept applications for foster family home licenses.  (6) "Small family home" means any residential facility, in the licensee's family residence, that provides 24-hour care for six or fewer foster children who have mental disorders or developmental or physical disabilities and who require special care and supervision as a result of their disabilities. A small family home may accept children with special health care needs, pursuant to subdivision (a) of Section 17710 of the Welfare and Institutions Code. In addition to placing children with special health care needs, the department may approve placement of children without special health care needs, up to the licensed capacity. (7) "Social rehabilitation facility" means any residential facility that provides social rehabilitation services for no longer than 18 months in a group setting to adults recovering from mental illness who temporarily need assistance, guidance, or counseling. Program components shall be subject to program standards pursuant to Article 1 (commencing with Section 5670) of Chapter 2.5 of Part 2 of Division 5 of the Welfare and Institutions Code. (8) "Community treatment facility" means any residential facility that provides mental health treatment services to children in a group setting and that has the capacity to provide secure containment. Program components shall be subject to program standards developed and enforced by the State Department of Health Care Services pursuant to Section 4094 of the Welfare and Institutions Code. Nothing in this section shall be construed to prohibit or discourage placement of persons who have mental or physical disabilities into any category of community care facility that meets the needs of the individual placed, if the placement is consistent with the licensing regulations of the department. (9) "Full-service adoption agency" means any licensed entity engaged in the business of providing adoption services, that does all of the following: (A) Assumes care, custody, and control of a child through relinquishment of the child to the agency or involuntary termination of parental rights to the child. (B) Assesses the birth parents, prospective adoptive parents, or child. (C) Places children for adoption. (D) Supervises adoptive placements. Private full-service adoption agencies shall be organized and operated on a nonprofit basis. As a condition of licensure to provide intercountry adoption services, a full-service adoption agency shall be accredited and in good standing according to Part 96 of Title 22 of the Code of Federal Regulations, or supervised by an accredited primary provider, or acting as an exempted provider, in compliance with Subpart F (commencing with Section 96.29) of Part 96 of Title 22 of the Code of Federal Regulations. (10) "Noncustodial adoption agency" means any licensed entity engaged in the business of providing adoption services, that does all of the following: (A) Assesses the prospective adoptive parents. (B) Cooperatively matches children freed for adoption, who are under the care, custody, and control of a licensed adoption agency, for adoption, with assessed and approved adoptive applicants. (C) Cooperatively supervises adoptive placements with a full-service adoptive agency, but does not disrupt a placement or remove a child from a placement. Private noncustodial adoption agencies shall be organized and operated on a nonprofit basis. As a condition of licensure to provide intercountry adoption services, a noncustodial adoption agency shall be accredited and in good standing according to Part 96 of Title 22 of the Code of Federal Regulations, or supervised by an accredited primary provider, or acting as an exempted provider, in compliance with Subpart F (commencing with Section 96.29) of Part 96 of Title 22 of the Code of Federal Regulations. (11) "Transitional shelter care facility" means any group care facility that provides for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. Program components shall be subject to program standards developed by the State Department of Social Services pursuant to Section 1502.3. (12) "Transitional housing placement provider" means an organization licensed by the department pursuant to Section 1559.110 and Section 16522.1 of the Welfare and Institutions Code to provide transitional housing to foster children at least 16 years of age and not more than 18 years of age, and nonminor dependents, as defined in subdivision (v) of Section 11400 of the Welfare and Institutions Code, to promote their transition to adulthood. A transitional housing placement provider shall be privately operated and organized on a nonprofit basis. (13) "Group home" means a residential facility that provides 24-hour care and supervision to children, delivered at least in part by staff employed by the licensee in a structured environment. The care and supervision provided by a group home shall be nonmedical, except as otherwise permitted by law. (14) "Runaway and homeless youth shelter" means a group home licensed by the department to operate a program pursuant to Section 1502.35 to provide voluntary, short-term, shelter and personal services to runaway youth or homeless youth, as defined in paragraph (2) of subdivision (a) of Section 1502.35. (15) "Enhanced behavioral supports home" means a facility certified by the State Department of Developmental Services pursuant to Article 3.6 (commencing with Section 4684.80) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code, and licensed by the State Department of Social Services as an adult residential facility or a group home that provides 24-hour nonmedical care to individuals with developmental disabilities who require enhanced behavioral supports, staffing, and supervision in a homelike setting. An enhanced behavioral supports home shall have a maximum capacity of four consumers, shall conform to Section 441.530(a)(1) of Title 42 of the Code of Federal Regulations, and shall be eligible for federal Medicaid home- and community-based services funding. (16) "Community crisis home" means a facility certified by the State Department of Developmental Services pursuant to Article 8 (commencing with Section 4698) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code, and licensed by the State Department of Social Services pursuant to Article 9.7 (commencing with Section 1567.80), as an adult residential facility, providing 24-hour nonmedical care to individuals with developmental disabilities receiving regional center service, in need of crisis intervention services, and who would otherwise be at risk of admission to the acute crisis center at Fairview Developmental Center, Sonoma Developmental Center, an acute general hospital, acute psychiatric hospital, an institution for mental disease, as described in Part 5 (commencing with Section 5900) of Division 5 of the Welfare and Institutions Code, or an out-of-state placement. A community crisis home shall have a maximum capacity of eight consumers, as defined in subdivision (a) of Section 1567.80, shall conform to Section 441.530 (a)(1) of Title 42 of the Code of Federal Regulations, and shall be eligible for federal Medicaid home- and community-based services funding. (17) "Crisis nursery" means a facility licensed by the department to operate a program pursuant to Section 1516 to provide short-term care and supervision for children under six years of age who are voluntarily placed for temporary care by a parent or legal guardian due to a family crisis or stressful situation. (18) "Short-term residential treatment center" means a residential facility licensed by the department pursuant to Section 1562.01 and operated by any public agency or private organization that provides short-term, specialized, and intensive treatment, and 24-hour care and supervision to children. The care and supervision provided by a short-term residential treatment center shall be nonmedical, except as otherwise permitted by law.    Private short-term residential treatment centers shall be organized and operated on a nonprofit basis.  (b) "Department" or "state department" means the State Department of Social Services. (c) "Director" means the Director of Social Services. SEC. 3. Section 1517 of the Health and Safety Code is amended to read: 1517. (a) (1) Pursuant to subdivision (a) of Section 16519.5 of the Welfare and Institutions Code, the State Department of Social Services, shall implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, approving relatives and nonrelative extended family members as foster care providers, and approving adoptive families. (2) For purposes of this section, a "resource family" means an individual or  couple   family  that has successfully met both the home environment assessment and the permanency assessment criteria, as set forth in Section 16519.5 of the Welfare and Institutions Code, necessary for providing care for a related or unrelated child who is under the jurisdiction of the juvenile court, or otherwise in the care of a county child welfare agency or probation department. (b)  (1)    A foster family agency  that is selected and authorized to participate in early implementation of the resource family approval program, pursuant to subdivision (t) of Section 16519.5 of the Welfare and Institutions Code,  shall comply with the provisions of this section.  (1)   (   2)  Notwithstanding any other law,  the   a  foster family agency shall require its applicants and resource families to meet the resource family approval standards set forth in Section 16519.5 of the Welfare and Institutions Code, the written directives  or regulations  adopted thereto, and other applicable laws prior to approval and in order to maintain approval.  (2) The   (3)     A  foster family agency shall be responsible for all of the following: (A) Complying with the applicable provisions of this chapter, the regulations for foster family agencies, the resource family approval standards and requirements set forth in Section 16519.5 of the Welfare and Institutions Code, and the applicable written directives  or regulations  adopted thereto  as directed  by the department. (B) Implementing the requirements for the resource family approval and utilizing standardized documentation established by the department. (C) Ensuring staff have the education and experience necessary to complete the home environment and psychosocial assessments competently. (D) Taking the following actions, as applicable: (i) Approving or denying resource family applications. (ii) Rescinding approvals of resource families. (E) Providing to the department a log of resource families that were approved or rescinded during the month by the 10th day of the following month. For purposes of subdivision (d) of Section 1536, a certified family home includes a resource family approved by the foster family agency pursuant to this section. (F)  (i)    Updating resource family approval annually.  (ii) A foster family agency shall conduct an announced inspection of a resource family home during the annual update in order to ensure that the resource family is conforming to all applicable laws and the written directives or regulations adopted pursuant to Section 16519.5 of the Welfare and Institutions Code.  (G) Monitoring resource families through all of the following: (i) Ensuring that social workers who identify a condition in the home that may not meet the resource family approval standards while in the course of a routine visit to children subsequently placed with a resource family take appropriate action as needed. (ii) Requiring resource families to comply with corrective action plans as necessary to correct identified deficiencies. If corrective action is not completed as specified in the plan, the foster family agency or the department may rescind the approval of the resource family in accordance with the written directives  or regulations  adopted pursuant to Section 16519.5 of the Welfare and Institutions Code. (iii) Requiring resource families to report to the foster family agency any incidents as specified in the written directives  or regulations  adopted pursuant to Section 16519.5 of the Welfare and Institutions Code.  (iv) Inspecting resource family homes as often as necessary to ensure the quality of care provided.  (H) Performing corrective action as required by the department. (I) Submitting information and data that the department determines is necessary to study, monitor, and prepare the report specified in paragraph  (9)   (6)  of subdivision (f) of Section 16519.5 of the Welfare and Institutions Code. (J)  (i)    Ensuring  resource family  applicants and resource families meet the training  requirements, and, if applicable, the specialized training  requirements set forth in  paragraphs (12) to (14), inclusive, of subdivisions (g) and (h) of  Section 16519.5 of the Welfare and Institutions Code.  (ii) Nothing in this section shall preclude a foster family agency from requiring resource family training in excess of the requirements in this section.  (c) In addition to subdivision (f) of Section 16519.5 of the Welfare and Institutions Code, the State Department of Social Services shall be responsible for all of the following:  (1) Requiring foster family agencies to monitor resource families, including, but not limited to, developing and monitoring resource family corrective action plans to correct identified deficiencies and to rescind resource family approval if compliance with a corrective action plan is not achieved.   (1)   (   2)  Investigating all complaints against a resource family approved by a foster family agency and taking any action it deems necessary. This shall include investigating any incidents reported about a resource family indicating that the approval standard is not being maintained. Complaint investigations shall be conducted in accordance with the written directives  or regulations  adopted pursuant to Section 16519.5 of the Welfare and Institutions Code.  (2)   (   3)  Rescinding approvals of a resource family approved by a foster family agency.  (3)   (   4)  Excluding a resource family parent or other individual from presence in a resource family home or licensed community care facility, from being a member of the board of directors, an executive director, or an officer of a licensed community care facility, or prohibiting a licensed community care facility from employing the resource family parent or other individual, if appropriate.  (4)   (  5)  Issuing a temporary suspension order that suspends the resource family approval prior to a hearing, when urgent action is needed to protect a child  or nonminor dependent  from physical or mental abuse, abandonment, or any other substantial threat to health or safety. (d) The department may enter and inspect the home of a resource family approved by a foster family agency to secure compliance with the resource family approval standards, investigate a complaint or incident, or ensure the quality of care provided. (e) Nothing in this section or  Section 16519.5   in Chapter 5 (commencing with Section 16500) of Part 4 of Division 9  of the Welfare and Institutions Code limits the authority of the department to inspect, evaluate, investigate a complaint or incident, or initiate a disciplinary action against a foster family agency pursuant to this chapter or to take any action it may deem necessary for the health and safety of children  subsequently  placed with the foster family agency. (f) For purposes of paragraph (3) of subdivision (b) of Section 1523.1, a certified family home includes a resource family approved by a foster family agency pursuant to this section. (g) (1) On and after January 1, 2017, all licensed foster family agencies shall approve resource families in lieu of certifying foster homes. A foster family agency shall require its applicants and resource families to meet the resource family approval standards and requirements set forth in Section 16519.5 of the Welfare and Institutions Code, the written directives  or regulations  adopted thereto, and other applicable laws prior to approval and in order to maintain approval. (2) No later than July 1, 2017, each foster family agency shall provide the following information to all certified family homes: (A) A detailed description of the resource family approval program. (B) Notification that, in order to care for a foster child, resource family approval is required by December 31, 2019. (C) Notification that a certificate of approval shall be forfeited by operation of law as provided for in paragraph (5). (3) By no later than January 1, 2018, the following shall apply to all certified family homes: (A) A certified family home with an approved adoptive home study, completed prior to January 1, 2018, shall be deemed to be an approved resource family. (B) A certified family home that had a child in placement for any length of  time,   time  between January 1, 2017, and December 31, 2017, inclusive, may be approved as a resource family on the date of successful completion of a psychosocial assessment pursuant to subparagraph (B) of paragraph  (2)   (3)  of subdivision (d) of Section 16519.5 of the Welfare and Institutions Code. (4) A foster family agency may provide supportive services to all certified family homes with a child in placement to assist with the resource family transition and to minimize placement disruptions. (5) All certificates of approval shall be forfeited by operation of law on December 31, 2019, except as provided in this paragraph: (A) A certified family home that did not have a child in placement for any length of time between January 1, 2017, and December 31, 2017, inclusive, shall forfeit by operation of law its certificate of approval on January 1, 2018. (B) For a certified family home with a pending resource family application on December 31, 2019, the certificate of approval shall be forfeited by operation of law on the date of approval as a resource family. If approval is denied, forfeiture by operation of law shall occur on the date of completion of any proceedings required by law to ensure due process. SEC. 4. Section 1520.1 of the Health and Safety Code is amended to read: 1520.1. In addition to Section 1520, applicants for a group home or short-term residential treatment center license shall meet the following requirements: (a) (1) During the first 12 months of operation, the facility shall operate with a provisional license. After eight months of operation, the department shall conduct a comprehensive review of the facility for compliance with all applicable laws and regulations and help develop a plan of correction with the provisional licensee, if appropriate. By the end of the 12th month of operation, the department shall determine if the permanent license should be issued. (2) If the department determines that the group home or short-term residential treatment center is in substantial compliance with licensing standards, notwithstanding Section 1525.5, the department may extend the provisional license for up to an additional six months for either of the following reasons: (A) The group home or short-term residential treatment center requires additional time to be in full compliance with licensing standards. (B) After 12 months of operation, the group home or short-term residential treatment center is not operating at 50 percent of its licensed capacity. (3) By no later than the first business day of the 17th month of operation, the department shall conduct an additional review of a facility for which a provisional license is extended pursuant to paragraph (2), in order to determine whether a permanent license should be issued. (4) At the time of its review pursuant to paragraph (3), the department may extend the  term of a  provisional license for  a period not to exceed two years,   an additional period of time not to exceed a total of 24 months,  only if it determines that this additional time period is required to secure accreditation from an entity identified by the department pursuant to the process described in paragraph  (5)   (6)  of subdivision (b) of Section 11462 of the Welfare and Institutions Code and provided that all other requirements for a license have been met. (5) The department may deny a group home or short-term residential treatment center license application at any time during the term of the provisional license to protect the health and safety of clients. If the department denies the application, the group home or short-term residential treatment center shall cease operation immediately. Continued operation of the facility after the department denies the application or the provisional license expires shall constitute unlicensed operation. (6) When the department notifies a city or county planning authority pursuant to subdivision (c) of Section 1520.5, the department shall briefly describe the provisional licensing process and the timelines provided for under that process, as well as provide the name, address, and telephone number of the district office licensing the facility where a complaint or comment about the group home's or short-term residential treatment center's operation may be filed. (b) (1) After the production of the booklet provided for in paragraph (2), every member of the group home's board of directors or governing body and every member of a short-term residential treatment center's board of directors or governing body shall, prior to becoming a member of the board of directors or governing body sign a statement that he or she understands his or her legal duties and obligations as a member of the board of directors or governing body and that the group home's or short-term residential treatment center' s operation is governed by laws and regulations that are enforced by the department, as set forth in the booklet. The applicant, provisional licensee, and licensee shall have this statement available for inspection by the department. For members of the board of directors or governing body when the booklet is produced, the licensee shall obtain this statement by the next scheduled meeting of the board of directors or governing body. Compliance with this paragraph shall be a condition of licensure. (2) The department shall distribute to every group home provider and short-term residential treatment center provider, respectively, detailed information designed to educate members of the group home provider's or short-term residential treatment center provider's board of directors or governing body of their roles and responsibilities as members of a public benefit corporation under the laws of this state. The information shall be included in a booklet, may be revised as deemed necessary by the department, and shall include, but not be limited to, all of the following: (A) The financial responsibilities of a member of the board of directors or governing body. (B) Disclosure requirements for self-dealing transactions. (C) Legal requirements pertaining to articles of incorporation, bylaws, length of member terms, voting procedures, board or governing body meetings, quorums, minutes of meetings, and, as provided for in subdivision (f), member duties. (D) A general overview of the laws and regulations governing the group home's or short-term residential treatment center's operation that are enforced by the department. (c) All financial records submitted by a facility to the department, or that are submitted as part of an audit of the facility, including, but not limited to, employee timecards and timesheets, shall be signed and dated by the employee and by the group home representative or short-term residential treatment center representative who is responsible for ensuring the accuracy of the information contained in the record, or when a time clock is used, the payroll register shall be signed and dated, and those financial records shall contain an affirmative statement that the signatories understand that the information contained in the document is correct to the best of their knowledge and that submission of false or misleading information may be prosecuted as a crime. (d) An applicant, provisional licensee, or licensee shall maintain, submit, and sign financial documents to verify the legitimacy and accuracy of these documents. These documents include, but are not limited to, the group home or short-term residential treatment center application, any financial documents and plans of corrections submitted to the department, and time sheets. (e) (1) It is the intent of the Legislature that a group home or short-term residential treatment center have either representatives on its board of directors, as listed in paragraph (2), or a community advisory board, that meets at least annually. (2) The representatives on the board of directors or the community advisory board members should consist of at least the following persons: (A) A member of the facility's board of directors. (B) Members of the community where the facility is located. (C) Neighbors of the facility. (D) Current or former clients of the facility. (E) A representative from a local law enforcement or other city or county representative. (f) Each group home or short-term residential treatment center provider shall schedule and conduct quarterly meetings of its board of directors or governing body. During these quarterly meetings, the board of directors or governing body shall review and discuss licensing reports, financial and program audit reports of its group home or short-term residential treatment center operations, special incident reports, and any administrative action against the licensee or its employees. The minutes shall reflect the board's or governing body's discussion of these documents and the group home's or short-term residential treatment center's operation. The licensee shall make available the minutes of group home's or short-term residential treatment center's board of directors or governing body meetings to the department. SEC. 5. Section 1525.5 of the Health and Safety Code is amended to read: 1525.5. (a) The department may issue provisional licenses to operate community care facilities for facilities that the director determines are in substantial compliance with this chapter and the rules and regulations adopted pursuant to this chapter, provided that no life safety risks are involved, as determined by the director. In determining whether any life safety risks are involved, the director shall require completion of all applicable fire clearances and criminal record clearances as otherwise required by the department's rules and regulations. The provisional license shall expire six months from the date of issuance, or at any earlier time as the director may determine, and may not be renewed. However, the director may extend the term of a provisional license for an additional six months at time of application, if it is determined that more than six months will be required to achieve full compliance with licensing standards due to circumstances beyond the control of the applicant, provided all other requirements for a license have been met. (b) This section shall not apply to foster family homes. (c)  Notwithstanding subdivision (a), the   The  department may extend the term of a provisional license issued to a foster family  agency,   agency beyond the time limits specified in subdivision (a),  not to exceed  two years,   a total of 24 months,  if it determines that this additional time is required to secure accreditation from an entity identified by the department pursuant to paragraph (8) of subdivision (b) of Section 11463 of the Welfare and Institutions Code and provided that all other requirements for a license have been met. SEC. 6. Section 1562.01 of the Health and Safety Code is amended to read: 1562.01. (a) The department shall license short-term residential treatment centers, as defined in paragraph (18) of subdivision (a) of Section 1502, pursuant to this chapter. A short-term residential treatment center shall comply with all requirements of this chapter that are applicable to group homes and to the requirements of this section. (b) (1) A short-term residential treatment center shall have national accreditation from an entity identified by the department pursuant to the process described in paragraph  (5)   (6)  of subdivision (b) of Section 11462 of the Welfare and Institutions Code. (2) Notwithstanding paragraph (1), the department may issue a provisional license to a short-term residential treatment center and may extend the term of the provisional license not to exceed  two years   a total of 24 months  in order for the short-term residential treatment center to secure accreditation as set forth in subdivision (a) of Section 1520.1. (c) A short-term residential treatment center shall obtain and have in good standing a mental health certification, as set forth in Section 4096.5 of the Welfare and Institutions Code. (d) (1) A short-term residential treatment center shall prepare and maintain a current, written plan of operation as required by the department. (2) The plan of operation shall include, but not be limited to, all of the following: (A) A statement of purposes and goals. (B) A plan for the supervision, evaluation, and training of staff. The training plan shall be appropriate to meet the needs of staff and children. (C) A program statement that includes all of the following: (i) Description of the short-term residential treatment center's ability to support the differing needs of children and their families with short-term, specialized, and intensive treatment. (ii) Description of the core services, as set  forth, on and after January 1, 2017,   forth  in paragraph (1) of subdivision (b) of Section 11462 of the Welfare and Institutions Code, to be offered to children and their families, as appropriate or necessary. (iii) Procedures for the development, implementation, and periodic updating of the needs and services plan for children served by the short-term residential treatment center and procedures for collaborating with the child and family team described in paragraph (4) of subdivision (a) of Section 16501 of the Welfare and Institutions Code, that include, but are not limited to, a description of the services to be provided to meet the treatment needs of the child as assessed,  on and after January 1, 2017,  pursuant to subdivision (d) or (e) of Section 11462.01 of the Welfare and Institutions Code, the anticipated duration of the treatment, and the timeframe and plan for transitioning the child to a less-restrictive family environment. (iv) A description of the population or populations to be served. (v) Any other information that may be prescribed by the department for the proper administration of this section. (e) In addition to the rules and regulations adopted pursuant to this chapter, a county licensed to operate a short-term residential treatment center shall describe, in the plan of operation, its conflict of interest mitigation plan, as set forth  on and after January 1, 2017,  in subdivision (g) of Section 11462.02 of the Welfare and Institutions Code. (f) The department shall establish procedures for a county review process, at the county's option, for short-term residential treatment centers, which may include the review of the short-term residential treatment center's program statement, and which shall be established in consultation with the County Welfare Directors Association of California, Chief Probation Officers of California, and stakeholders, as appropriate. (g) (1) The department shall adopt regulations to establish requirements for the education, qualification, and training of facility managers and staff who provide care and supervision to children or who have regular, direct contact with children in the course of their responsibilities in short-term residential treatment centers consistent with the intended role of these facilities to provide short-term, specialized, and intensive treatment. (2) Requirements shall include, but not be limited to, all of the following: (A) Staff classifications. (B) Specification of the date by which employees shall be required to meet the education and qualification requirements. (C) Any other requirements that may be prescribed by the department for the proper administration of this section. (h) The department shall adopt regulations to specify training requirements for staff who provide care and supervision to children or who have regular, direct contact with children in the course of their responsibilities. These requirements shall include the following: (1) Timeframes for completion of training, including the following: (A) Training that shall be completed prior to unsupervised care of children. (B) Training to be completed within the first 180 days of employment. (C) Training to be completed annually. (2) Topics to be covered in the training shall include, but are not limited to, the following: (A) Child and adolescent development, including sexual orientation, gender identity, and gender expression. (B) The effects of trauma, including grief and loss, and child abuse and neglect on child development and behavior and methods to behaviorally support children impacted by that trauma or child abuse and neglect. (C) The rights of a child in foster care, including the right to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status. (D) Positive discipline and the importance of self-esteem. (E) Core practice model. (F) An overview of the child welfare and probation systems. (G) Reasonable and prudent parent standard. (H) Instruction on cultural competency and sensitivity and related best practices for providing adequate care for children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender. (I) Awareness and identification of commercial sexual exploitation and best practices for providing care and supervision to commercially sexually exploited children. (J) The federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), its historical significance, the rights of children covered by the act, and the best interests of Indian children, including the role of the caregiver in supporting culturally appropriate child centered practices that respect Native American history, culture, retention of tribal membership, and connection to the tribal community and traditions. (K) Permanence, well-being, and educational needs of children. (L) Basic instruction on existing laws and procedures regarding the safety of foster youth at school; and ensuring a harassment and violence free school environment pursuant to Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code. (M) Best practices for providing care and supervision to nonminor dependents. (N) Health issues in foster care. (O) Physical and psychosocial needs of children, including behavior management, deescalation techniques, and trauma-informed crisis management planning. (i) (1) Each person employed as a facility manager or staff member of a short-term residential treatment center, who provides direct care and supervision to children and youth residing in the short-term residential treatment center shall be at least 21 years of age. (2) This subdivision shall not apply to a facility manager or staff member employed, before October 1, 2014, at a short-term residential treatment center which was operating under a group home license prior to January 1, 2016. (j) Notwithstanding any other section of this chapter, the department may establish requirements for licensed group homes that are transitioning to short-term residential treatment centers, which may include, but not be limited to, requirements related to application and plan of operation. (k) A short-term residential treatment center shall have a qualified and certified administrator, as set forth in Section 1522.41. (l) The department shall have the authority to inspect a short-term residential treatment center pursuant to the system of governmental monitoring and oversight developed by the department  on and after January 1, 2017,  pursuant to subdivision (c) of Section 11462 of the Welfare and Institutions Code. SEC. 7. Section 4094.2 of the Welfare and Institutions Code is amended to read: 4094.2. (a) For the purpose of establishing payment rates for community treatment facility programs, the private nonprofit agencies selected to operate these programs shall prepare a budget that covers the total costs of providing residential care and supervision and mental health services for their proposed programs. These costs shall include categories that are allowable under California's Foster Care program and existing programs for mental health services. They shall not include educational, nonmental health medical, and dental costs. (b) Each agency operating a community treatment facility program shall negotiate a final budget with the local mental health department in the county in which its facility is located (the host county) and other local agencies, as appropriate. This budget agreement shall specify the types and level of care and services to be provided by the community treatment facility program and a payment rate that fully covers the costs included in the negotiated budget. All counties that place children in a community treatment facility program shall make payments using the budget agreement negotiated by the community treatment facility provider and the host county. (c) A foster care rate shall be established for each community treatment facility program by the State Department of Social Services. (1) These rates shall be established using the existing foster care ratesetting system for group homes, or the rate for a short-term residential treatment center as defined in subdivision (ad) of Section 11400, with modifications designed as necessary. It is anticipated that all community treatment facility programs will offer the level of care and services required to receive the highest foster care rate provided for under the current ratesetting system. (2) Except as otherwise provided in paragraph (3), commencing January 1, 2017, the program shall have accreditation from a nationally recognized accrediting entity identified by the State Department of Social Services pursuant to the process described in paragraph (4) of subdivision (b) of Section 11462. (3) With respect to a program that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11462.04, the requirement described in paragraph (2) shall apply to that program commencing January 1,  2018.   2019.  (d) For the 2001-02 fiscal year, the 2002-03 fiscal year, the 2003-04 fiscal year, and the 2004-05 fiscal year, community treatment facility programs shall also be paid a community treatment facility supplemental rate of up to two thousand five hundred dollars ($2,500) per child per month on behalf of children eligible under the foster care program and children placed out of home pursuant to an individualized education program developed under Section 7572.5 of the Government Code. Subject to the availability of funds, the supplemental rate shall be shared by the state and the counties. Counties shall be responsible for paying a county share of cost equal to 60 percent of the community treatment rate for children placed by counties in community treatment facilities and the state shall be responsible for 40 percent of the community treatment facility supplemental rate. The community treatment facility supplemental rate is intended to supplement, and not to supplant, the payments for which children placed in community treatment facilities are eligible to receive under the foster care program and the existing programs for mental health services. (e) For initial ratesetting purposes for community treatment facility funding, the cost of mental health services shall be determined by deducting the foster care rate and the community treatment facility supplemental rate from the total allowable cost of the community treatment facility program. Payments to certified providers for mental health services shall be based on eligible services provided to children who are Medi-Cal beneficiaries, up to the approved federal rate for these services. (f) The State Department of Health Care Services shall provide the community treatment facility supplemental rates to the counties for advanced payment to the community treatment facility providers in the same manner as the regular foster care payment and within the same required payment time limits. (g) In order to facilitate the study of the costs of community treatment facilities, licensed community treatment facilities shall provide all documents regarding facility operations, treatment, and placements requested by the department. (h) It is the intent of the Legislature that the State Department of Health Care Services and the State Department of Social Services work to maximize federal financial participation in funding for children placed in community treatment facilities through funds available pursuant to Titles IV-E and XIX of the federal Social Security Act (Title 42 U.S.C. Sec. 670 et seq. and Sec. 1396 et seq.) and other appropriate federal programs. (i) The State Department of Health Care Services and the State Department of Social Services may adopt emergency regulations necessary to implement joint protocols for the oversight of community treatment facilities, to modify existing licensing regulations governing reporting requirements and other procedural and administrative mandates to take into account the seriousness and frequency of behaviors that are likely to be exhibited by seriously emotionally disturbed children placed in community treatment facility programs, to modify the existing foster care ratesetting regulations, and to pay the community treatment facility supplemental rate. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, and general welfare. The regulations shall become effective immediately upon filing with the Secretary of State. The regulations shall not remain in effect more than 180 days unless the adopting agency complies with all the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, as required by subdivision (e) of Section 11346.1 of the Government Code. SEC. 8. Section 11462 of the Welfare and Institutions Code, as added by Section 72 of Chapter 773 of the Statutes of 2015, is amended to read: 11462. (a) The department shall commence development of a new payment structure for short-term residential treatment center program placements claiming Title IV-E funding, in consultation with county placing agencies and providers. (b) The department shall develop a rate system that includes consideration of all of the following factors: (1) Core services, made available to children and nonminor dependents either directly or secured through formal agreements with other agencies, which are trauma informed and culturally relevant and include: (A)  Access to specialty   Specialty  mental health services for children who meet medical necessity criteria for specialty mental health services under the Medi-Cal Early and Periodic Screening, Diagnosis, and Treatment program. (B) Transition support services for children, youth, and families upon initial entry and placement changes and for families who assume permanency through reunification, adoption, or guardianship. (C) Educational and physical, behavioral, and mental health supports, including extracurricular activities and social supports. (D) Activities designed to support transition-age youth and nonminor dependents in achieving a successful adulthood. (E) Services to achieve permanency, including supporting efforts to reunify or achieve adoption or guardianship and efforts to maintain or establish relationships with parents, siblings, extended family members, tribes, or others important to the child or youth, as appropriate. (F) When serving Indian children, as defined in subdivisions (a) and (b) of Section 224.1, the core services described in paragraphs (A) to (E), inclusive, which shall be provided to eligible children consistent with active efforts pursuant to Section 361.7. (G) (i) Facilitating the identification and, as needed, the approval of resource families pursuant to Section 16519.5, for the purpose of transitioning children and youth to family-based care. (ii) If a short-term residential treatment center elects to approve and monitor resource families directly, the center shall comply with all laws applicable to foster family agencies, including, but not limited to, those set forth in the Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code). (iii) For short-term residential treatment centers that elect to approve and monitor resource families directly, the department shall have all the same duties and responsibilities as those centers have for licensed foster family agencies, as set forth in applicable law, including, but not limited to, those set forth in the Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code). (2) The core services specified in subparagraphs (A) to (G), inclusive, of paragraph (1) are not intended to duplicate services already available to foster children in the community, but to support access to those services and supports to the extent they are already available. Those services and supports may include, but are not limited to, foster youth services available through county offices of education, Indian Health Services, or school-based extra-curricular activities. (3) Specialized and intensive treatment supports that encompass the elements of nonmedical care and supervision necessary to meet a child's or youth's safety and other needs that cannot be met in a family-based setting. (4) Staff training. (5) Health and Safety Code requirements. (6) Accreditation that includes: (A) Provision for all licensed short-term residential treatment centers to obtain and maintain in good standing accreditation from a nationally recognized accreditation agency, as identified by the department, with expertise in programs for children or youth group care facilities, as determined by the department. (B) Promulgation by the department of information identifying that agency or agencies from which accreditation shall be required. (C) Provision for timely reporting to the department of any change in accreditation status. (7) Mental health certification, including a requirement to timely report to the department any change in mental health certificate status. (8) Maximization of federal financial participation under Title IV-E and Title XIX of the Social Security Act. (c) The department shall develop a system of governmental monitoring and oversight that shall be carried out in coordination with the State Department of Health Care Services. Oversight responsibilities shall include, but not be limited to, ensuring conformity with federal and state law, including program, fiscal, and health and safety audits and reviews. The state agencies shall attempt to minimize duplicative audits and reviews to reduce the administrative burden on providers. (d) This section shall become operative on January 1, 2017. SEC. 9. Section 11466 of the Welfare and Institutions Code is amended to read: 11466. For the purposes of this section to Section  114691.1,   11469.1,  inclusive, "provider" shall mean a group home, short-term residential treatment center, a foster family  agency that provides treatment services,   agency,  and similar foster care business entities. SEC. 10. Section 16519.5 of the Welfare and Institutions Code is amended to read: 16519.5. (a) The State Department of Social Services, in consultation with county child welfare agencies, foster parent associations, and other interested community parties, shall implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, approving relatives and nonrelative extended family members as foster care providers, and approving adoptive families. (b) (1) Counties shall be selected to participate on a voluntary basis as early implementation counties for the purpose of participating in the initial development of the approval process. Early implementation counties shall be selected according to criteria developed by the department in consultation with the County Welfare Directors Association. In selecting the five early implementation counties, the department shall promote diversity among the participating counties in terms of size and geographic location. (2) Additional counties may participate in the early implementation of the program upon authorization by the department.  (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) (A) The approval of a resource family who moves to a nonparticipating county remains in full force and effect pending a determination by the county approval agency or the department, as appropriate, whether the new building and grounds and storage areas meet applicable standards, and whether all adults residing in the home have a criminal records clearance or exemptions granted, using the exemption criteria specified in subdivision (g) of Section 1522 of the Health and Safety Code. Upon this determination, the nonparticipating county shall either approve the family as a relative or nonrelative extended family member, as applicable, or the department shall license the family as a foster family home.   (B) A program-affiliated individual who moves to a nonparticipating county may not transfer his or her subsequent arrest notification from a participating county to the nonparticipating county.  (c) (1) For the purposes of this chapter, "resource family" means an individual or  couple   family  that  a participating county or foster family agency, as defined in subdivision (g) of Section 11400 of this code, and paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code, determines to have   has  successfully met both the home environment assessment standards and the permanency assessment criteria adopted pursuant to subdivision (d) necessary for providing care for a related or unrelated child who is under the jurisdiction of the juvenile court, or otherwise in the care of a county child welfare agency or probation department. A resource family shall demonstrate all of the following: (A) An understanding of the safety, permanence, and well-being needs of children who have been victims of child abuse and neglect, and the capacity and willingness to meet those needs, including the need for protection, and the willingness to make use of support resources offered by the agency, or a support structure in place, or both. (B) An understanding of children's needs and development, effective parenting skills or knowledge about parenting, and the capacity to act as a reasonable, prudent parent in day-to-day decisionmaking. (C) An understanding of his or her role as a resource family and the capacity to work cooperatively with the agency and other service providers in implementing the child's case plan. (D) The financial ability within the household to ensure the stability and financial security of the family. (E) An ability and willingness to provide a family setting that promotes normal childhood experiences that serves the needs of the child.  (2) For purposes of this chapter, 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.   (2)   (   3)  Subsequent to meeting the criteria set forth in this subdivision and designation as a resource family, a resource family shall be considered eligible to provide foster care for related and unrelated children in out-of-home placement, shall be considered approved for adoption or guardianship, and shall not have to undergo any additional approval or licensure as long as the family lives in a county participating in the program.  (3)   (   4) Resource family approval means that the applicant successfully meets the home environment assessment and permanency assessment standards. This approval is in lieu of the existing foster care license, relative or nonrelative extended family member approval, and the adoption home study approval.  (4)   (   5)  Approval of a resource family does not guarantee an initial or continued placement of a child with a resource family.  (5)   (   6)  Notwithstanding paragraphs (1) to  (4),   (   5),  inclusive, the department or county may cease any further review of an application if the applicant has had a previous application denial within the preceding year, or if the applicant has had a previous rescission, revocation, or exemption denial or  exemption  rescission by the department or county within the preceding two years. However, the department or county may continue to review an application if it has determined that the reasons for the previous denial, rescission, or revocation were due to circumstances and conditions that either have been corrected or are no longer in existence. If an individual was excluded from a resource family home or facility licensed by the department, the department or county shall cease review of the individual's application unless the excluded individual has been reinstated pursuant to Section 11522 of the Government Code. The cessation of review shall not constitute a denial of the application for purposes of this section or any other law. (d)  Prior to implementation of this program, the   (1)     The  department shall adopt standards pertaining to the home environment and permanency assessments of a resource family.  (1)   (   2)  Resource family home environment assessment standards shall include, but not be limited to, all of the following: (A) (i) Criminal records clearance of all adults residing in, or regularly present in, the home, and not exempted from fingerprinting, as set forth in subdivision (b) of Section 1522 of the Health and Safety Code, pursuant to Section 8712 of the Family Code, utilizing a check of the Child Abuse Central Index (CACI), and receipt of a fingerprint-based state and federal criminal offender record information search response. The criminal history information shall include subsequent notifications pursuant to Section 11105.2 of the Penal Code. (ii) Consideration of any substantiated allegations of child abuse or neglect against either the applicant or any other adult residing in the home. An approval may not be granted to applicants whose criminal record indicates a conviction for any of the offenses specified in subdivision (g) of Section 1522 of the Health and Safety Code. (iii) If the resource family parent, applicant, or any other person specified in subdivision (b) of Section 1522 of the Health and Safety Code has been convicted of a crime other than a minor traffic violation, except for the civil penalty language, the criminal background check provisions specified in subdivisions (d) through (f) of Section 1522 of the Health and Safety Code shall apply. Exemptions from the criminal records clearance requirements set forth in this section may be granted by the director or the early implementation county, if that county has been granted permission by the director to issue criminal records exemptions pursuant to Section 361.4, using the exemption criteria  currently used for foster care licensing as  specified in subdivision (g) of Section 1522 of the Health and Safety  Code.   Code and the written directives adopted pursuant to this section. A county may obtain arrest and conviction records or reports from any court or law enforcement agency as necessary to the performance of its duties, as provided in subdivision (e) of Section 1522 of the Health and Safety Code.  (iv) For public foster family agencies approving resource families, the criminal records clearance process set forth in clause (i) shall be utilized. (v) For private foster family agencies approving resource families, the criminal records clearance process set forth in clause (i) shall be utilized, but the Department of Justice shall disseminate a fitness determination resulting from the federal criminal offender record information search. (B) Buildings and grounds and storage requirements  set forth in Sections 89387 and 89387.2 of Title 22 of the California Code of Regulations.   that ensure the health and safety of children.  (C) In addition to the foregoing requirements, the resource family home environment assessment standards shall also require the following: (i) That the applicant demonstrate an understanding about the rights of children in care and his or her responsibility to safeguard those rights. (ii) That the total number of children residing in the home of a resource family shall be no more than the total number of children the resource family can properly care for, regardless of status, and shall not exceed six children, unless exceptional circumstances that are documented in the foster child's case file exist to permit a resource family to care for more children, including, but not limited to, the need to place siblings together. (iii) That the applicant understands his or her responsibilities with respect to acting as a reasonable and prudent parent, and maintaining the least restrictive environment that serves the needs of the child.  (2)   (   3)  The resource family permanency assessment standards shall include, but not be limited to, all of the following: (A) The applicant shall complete caregiver training. (B) (i) The applicant shall complete a psychosocial assessment, which shall include the results of a risk assessment. (ii) A caregiver risk assessment shall include, but shall not be limited to, physical and mental health, alcohol and other substance use and abuse, family and domestic violence, and the factors listed in subparagraphs (A) and (D) of paragraph (1) of subdivision (c). (C) The applicant shall complete any other activities that relate to a resource family's ability to achieve permanency with the child. (e) (1) A  county may place a  child  may be placed  with a resource family that has successfully completed the home environment assessment prior to completion of a permanency assessment only if a compelling reason for the placement exists based on the needs of the child. (2) The permanency assessment shall be completed within 90 days of the child's placement in the home, unless good cause exists based upon the needs of the child. (3) If additional time is needed to complete the permanency assessment, the county shall document the extenuating circumstances for the delay and generate a timeframe for the completion of the permanency assessment. (4) The county shall report to the department on a quarterly basis the number of families with a child in an approved home whose permanency assessment goes beyond 90 days and summarize the reasons for these delays. (5) A  county may place a  child  may be placed  with a relative, as defined in Section 319, or nonrelative extended family member, as defined in Section 362.7, prior to applying as a resource family only on an emergency basis if all of the following requirements are met: (A) Consideration of the results of a criminal records check conducted pursuant to Section 16504.5 of the relative or nonrelative extended family member and of every other adult in the home. (B) Consideration of the results of the Child Abuse Central Index (CACI) consistent with Section 1522.1 of the Health and Safety Code of the relative or nonrelative extended family member, and of every other adult in the home. (C) The home and grounds are free of conditions that pose undue risk to the health and safety of the child. (D) For any placement made pursuant to this paragraph, the county shall initiate the home environment assessment no later than five business days after the placement, which shall include a face-to-face interview with the resource family applicant and child. (E) For any placement made pursuant to this paragraph, AFDC-FC funding shall not be available until approval of the resource family has been completed. (F) Any child placed under this section shall be afforded all the rights set forth in Section 16001.9.  (G) Nothing in this paragraph shall limit the county's authority to inspect the home of a resource family or a relative or nonrelative extended family member as often as necessary to ensure the quality of care provided to a child placed on an emergency basis.  (f) The State Department of Social Services shall be responsible for all of the following:  (1) Selecting early implementation counties, based on criteria established by the department in consultation with the County Welfare Directors Association.   (2) Establishing timeframes for participating counties to submit an implementation plan, enter into terms and conditions for participation in the program, train appropriate staff, and accept applications from resource families.   (3) Entering into terms and conditions for participation in the program by counties.   (4)   (   1)  Administering the program through the issuance of written directives that shall have the same force and effect as regulations. Any directive affecting Article 1 (commencing with Section 700) of Chapter 7 of Title 11 of the California Code of Regulations shall be approved by the Department of Justice. The directives shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340)) of Part 1 of Division 3 of Title 2 of the Government Code.  (5)   (   2) Approving and requiring the use of a single standard for resource family approval.  (6)   (   3)  Adopting and requiring the use of standardized documentation for the home environment and permanency assessments of resource families.  (7)   (   4)  Requiring counties to monitor  county-approved  resource families including, but not limited to, all of the following: (A) Investigating complaints of resource families. (B) Developing and monitoring resource family corrective action plans to correct identified deficiencies and to rescind resource family approval if compliance with corrective action plans is not achieved.  (8)   (   5)  Ongoing oversight and monitoring of county systems and operations including all of the following: (A) Reviewing the county's  implementation plan and  implementation of the program. (B) Reviewing an adequate number of  approved   county-approved  resource families in each  participating  county to ensure that approval standards are being properly applied. The review shall include case file documentation, and may include onsite inspection of individual resource families. The review shall occur on an annual basis, and more frequently if the department becomes aware that a  participating county is experiencing a disproportionate number of complaints against individual resource family homes. (C) Reviewing county reports of serious complaints and incidents involving approved resource families, as determined necessary by the department. The department may conduct an independent review of the complaint or incident and change the findings depending on the results of its investigation. (D) Investigating unresolved complaints against  participating  counties. (E) Requiring corrective action of counties that are not in full compliance with  the terms and conditions of the program.   this section.   (9)   (   6)  Updating the Legislature on the early implementation phase of the program, including the status of implementation, successes, and challenges during the early implementation phase, and relevant available data, including resource family satisfaction.  (10)   (   7)  Implementing due process procedures,  including   including, but not limited to,  all of the following: (A) Providing a statewide fair hearing process for denials, rescissions, or exclusion actions. (B) Amending the department's applicable state hearing procedures and regulations or using the Administrative Procedure Act, when applicable, as necessary for the administration of the program. (g) Counties  participating in the program  shall be responsible for all of the following: (1) Submitting an implementation  plan, entering into terms and conditions for participation in the program,   plan and  consulting with the county probation department in the development of the implementation  plan, training appropriate staff, and accepting applications from resource families within the timeframes established by the department.   plan.  (2) Complying with the written directives  adopted  pursuant to  paragraph (4) of subdivision (f).   this section.  (3) Implementing the requirements for resource family approval and utilizing standardized documentation established by the department. (4)  Ensuring   Training appropriate staff, including ensuring  staff have the education and experience necessary to complete the home environment and psychosocial assessments competently. (5) (A) Taking the following actions, as applicable: (i) Approving or denying resource family applications. (ii) Rescinding approvals of resource families. (iii) Excluding a resource family parent or other individual from presence in  a   any  resource family home, consistent with the established standard. (iv) Issuing a temporary suspension order that suspends the resource family approval prior to a hearing when urgent action is needed to protect a child  or nonminor dependent  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  excluded  individual   individual, or individual who is the subject of a criminal record exemption decision,  requesting review of that  decision   decision,  with due process pursuant to the department's statutes, regulations, and written directives. (C) Notifying the department of any decisions denying a resource family's application or rescinding the approval of a resource family, excluding an individual, or taking other administrative action.  (D) Issuing a temporary suspension order that suspends the resource family approval prior to a hearing, when urgent action is needed to protect a child or nonminor dependent who is or may be placed in the home from physical or mental abuse, abandonment, or any other substantial threat to health or safety. (6)  (A)    Updating resource family approval annually.  (B) A county shall conduct an announced inspection of a resource family home during the annual update in order to ensure that the resource family is conforming to all applicable laws and the written directives or regulations adopted pursuant to this section.  (7) Monitoring resource families through all of the following: (A) Ensuring that social workers who identify a condition in the home that may not meet the approval standards set forth in subdivision (d) while in the course of a routine visit to children placed with a resource family take appropriate action as needed. (B) Requiring resource families to comply with 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. This shall include   necessary, including, but not limited to,  investigating any incidents reported about a resource family indicating that the approval standard is not being  maintained.   maintained and inspecting the resource family home.   (A)   (   B)  The child's social worker shall not conduct the formal investigation into the complaint received concerning a family providing services under the standards required by subdivision (d). To the extent that adequate resources are available, complaints shall be investigated by a worker who did not initially conduct the home environment or psychosocial assessments.  (B)  (   C)  Upon conclusion of the complaint investigation, the final disposition shall be reviewed and approved by a supervising staff member.  (C)   (   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  (9)   (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 training. The training shall include, but not be limited to, all of the following courses: (A) An overview of the child protective and probation systems. (B) The effects of trauma, including grief and loss, and child abuse and neglect, on child development and behavior, and methods to behaviorally support children impacted by that trauma or child abuse and neglect. (C) Positive discipline and the importance of self-esteem. (D) Health issues in foster care. (E) Accessing services and supports to address education needs, physical, mental, and behavioral health, and substance use disorders, including culturally relevant services. (F) The rights of a child in foster care, and the resource family' s responsibility to safeguard those rights, including the right to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status. (G) Cultural needs of children, including instruction on cultural competency and sensitivity, and related best practices for providing adequate care for children or youth across diverse ethnic and racial backgrounds, as well as children or youth identifying as lesbian, gay, bisexual, or transgender. (H) Basic instruction on existing laws and procedures regarding the safety of foster youth at school; and ensuring a harassment and violence free school environment pursuant to Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code. (I) Permanence, well-being, and education needs of children. (J) Child and adolescent development, including sexual orientation, gender identity, and expression. (K) The role of resource families, including working cooperatively with the child welfare or probation agency, the child's family, and other service providers implementing the case plan. (L) The role of a resource family on the child and family team as defined in paragraph (4) of subdivision (a) of Section 16501. (M) A resource family's responsibility to act as a reasonable and prudent parent,  as described in subdivision (c) of Section 1522.44 of the Health and Safety Code,  and to provide a family setting that promotes normal childhood experiences and that serves the needs of the child. (N) An overview of the specialized training identified in subdivision (h). (14) Ensuring approved resource families complete a minimum of eight training hours annually, a portion of which shall be from one or more of the topics listed in paragraph (13). (h) In addition to any training required by this section, a resource family may be required to receive specialized training, as  relevant,   relevant and as needed,  for the purpose of preparing the resource family to meet the needs of a particular child in care. This training may include, but is not limited to, the following: (1) Understanding how to use best practices for providing care and supervision to commercially sexually exploited children. (2) Understanding how to use best practices for providing care and supervision to lesbian, gay, bisexual, and transgender children. (3) Understanding the requirements and best practices regarding psychotropic medications, including, but not limited to, court authorization, benefits, uses, side effects, interactions, assistance with self-administration, misuse, documentation, storage, and metabolic monitoring of children prescribed psychotropic medications. (4) Understanding the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), its historical significance, the rights of children covered by the act, and the best interests of Indian children, including the role of the caregiver in supporting culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership and connection to the tribal community and traditions. (5) Understanding how to use best practices for providing care and supervision to nonminor dependents. (6) Understanding how to use best practices for providing care and supervision to children with special health care needs. (7) Understanding the different permanency options and the services and benefits associated with the options. (i) Nothing in this section shall preclude a county or a foster family agency from requiring resource family training in excess of the requirements in this section.  (j) (1) Approved relatives and nonrelative extended family members, licensed foster family homes, or approved adoptive homes that have completed the license or approval process prior to full implementation of the program shall not be considered part of the program. The otherwise applicable assessment and oversight processes shall continue to be administered for families and facilities not included in the program.   (2) Upon implementation of the program in a county, that county may not accept new applications for the licensure of foster family homes, the approval of relative and nonrelative extended family members, or the approval of prospective adoptive homes.   (k) The department may waive regulations that pose a barrier to implementation and operation of this program. The waiver of any regulations by the department pursuant to this section shall apply to only those counties or foster family agencies participating in the program and only for the duration of the program.   (l)   (   j)   (1)    Resource families  approved under initial implementation of the program,  who move  within an early implementation county or who move to another early implementation county,   home locations  shall retain their resource family status if the new building and grounds, outdoor activity areas, and storage areas meet home environment standards.  The   (2)     The  State Department of Social Services or  early implementation   a  county may allow a program-affiliated individual to transfer his or her subsequent arrest notification if the individual moves from one  early implementation  county to another  early implementation  county, as specified in subdivision (g) of Section 1522 of the Health and Safety Code.  (m) (1) The approval of a resource family who moves to a nonparticipating county remains in full force and effect pending a determination by the county approval agency or the department, as appropriate, whether the new building and grounds and storage areas meet applicable standards, and whether all adults residing in the home have a criminal records clearance or exemptions granted, using the exemption criteria used for foster care licensing, as specified in subdivision (g) of Section 1522 of the Health and Safety Code. Upon this determination, the nonparticipating county shall either approve the family as a relative or nonrelative extended family member, as applicable, or the department shall license the family as a foster family home.   (2)   (   3)  Subject to the requirements in paragraph (1), the family shall continue to be approved for guardianship and adoption. Nothing in this subdivision shall limit a  county   county, foster family agency,  or adoption agency from determining that the family is not approved for guardianship or adoption based on changes in the family's circumstances or psychosocial assessment.  (3) A program-affiliated individual who moves to a nonparticipating county may not transfer his or her subsequent arrest notification from a participating county to the nonparticipating county.   (n)   (   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.  (o)   (   l)  A child placed with a resource family shall be eligible for AFDC-FC payments. A resource family, or a foster family agency pursuant to subdivisions  (s) and (t),   (p) and (q),  shall be paid an AFDC-FC rate pursuant to Sections 11460, 11461, and 11463. Sharing ratios for nonfederal expenditures for all costs associated with activities related to the approval of relatives and nonrelative extended family members shall be in accordance with Section 10101.  (p)   (   m)  The Department of Justice shall charge fees sufficient to cover the cost of initial or subsequent criminal offender record information and Child Abuse Central Index searches, processing, or responses, as specified in this section.  (q)   (   n)  Except as provided, approved resource families  under this program  shall be exempt from all of the following: (1) Licensure requirements set forth under the Community Care Facilities Act, commencing with Section 1500 of the Health and Safety Code, and all regulations promulgated thereto. (2) Relative and nonrelative extended family member approval requirements set forth under Sections 309, 361.4, and 362.7, and all regulations promulgated thereto. (3) Adoptions approval and reporting requirements set forth under Section 8712 of the Family Code, and all regulations promulgated thereto.  (r)   (   o)  (1) Early implementation counties shall be authorized to continue through December 31, 2016. The program shall be implemented by each county on or before January 1, 2017.  On and after January 1, 2017, a county shall approve resource families in lieu of licensing foster family homes and approving relative or nonrelative extended family members. Notwithstanding this provision, the existing licensure or approval and oversight processes shall continue to be administered for foster family homes and relati   ves or nonrelative extended family members licensed or approved prior to January 1, 2017, in accordance with paragraphs (3) and (4).  (2) No later than July 1, 2017, each county shall provide the following information to all licensed foster family homes and all approved relatives and nonrelative extended family members: (A) A detailed description of the resource family approval program. (B) Notification that, in order to care for a foster child, resource family approval is required by December 31, 2019. (C) Notification that a foster family home license and an approval of a relative or nonrelative extended family member shall be forfeited by operation of law as provided for in paragraph (4). (3) By no later than January 1, 2018, the following shall apply to all licensed foster family homes and approved relative and nonrelative extended family members: (A) A licensed foster family home, and an approved relative or nonrelative extended family member with an approved adoptive home study completed prior to January 1, 2018, shall be deemed to be an approved resource family. (B) A licensed foster family home, and an approved relative or nonrelative extended family member who had a child in placement at any  time, for any length of time,   time  between January 1, 2017, and December 31, 2017, inclusive, may be approved as a resource family on the date of successful completion of a psychosocial assessment pursuant to subparagraph (B) of paragraph  (2)   (3)  of subdivision (d). (C) A county may provide supportive services to all licensed foster family home providers, relatives, and nonrelative extended family members with a child in placement to assist with the resource family transition and to minimize placement disruptions. (4) All foster family licenses and approvals of a relative or nonrelative extended family member shall be forfeited by operation of law on December 31, 2019, except as provided in this paragraph: (A) All licensed foster family homes that did not have a child in placement at any  time, for any length of time,  time  between January 1, 2017, and December 31, 2017, inclusive, shall forfeit the license by operation of law on January 1, 2018. (B) For foster family home licensees and approved relatives or nonrelative extended family members who have a pending resource family application on December 31, 2019, the foster family home license or relative and nonrelative extended family member approval shall be forfeited by operation of law on the date of approval as a resource family. If approval is denied, forfeiture by operation of law shall occur on the date of completion of any proceedings required by law to ensure due process.  (s)   (   p)  On and after January 1, 2017, all licensed foster family agencies shall approve resource families in lieu of certifying foster homes. A foster family  agency   agency,  or a short-term residential treatment center pursuant to subdivision (b) of Section  11462   11462,  shall require applicants and resource families to meet the resource family approval standards and requirements set forth in this chapter and in the written directives adopted pursuant to this chapter prior to approval and in order to maintain approval.  (t)   (  q)  Commencing January 1, 2016, the department may establish participation conditions, and select and authorize foster family agencies that voluntarily submit implementation plans and revised plans of operation in accordance with requirements established by the department, to approve resource families in lieu of certifying foster homes. (1) Notwithstanding any other law, a participating foster family agency shall require resource families to meet and maintain the resource family approval standards and requirements set forth in this chapter and in the written directives adopted hereto prior to approval and in order to maintain approval. (2) A participating foster family agency shall implement the resource family approval program pursuant to Section 1517 of the Health and Safety Code. (3) Nothing in this section shall be construed to limit the authority of the department to inspect, evaluate, or investigate a complaint or incident, or initiate a disciplinary action against a foster family agency pursuant to Article 5 (commencing with Section 1550) of Chapter 3 of Division 2 of the Health and Safety Code, or to take any action it may deem necessary for the health and safety of children placed with the foster family agency. (4) The department may adjust the foster family agency AFDC-FC rate pursuant to Section 11463 for implementation of this subdivision.  (5) This subdivision shall become inoperative on January 1, 2017.  SEC. 11. To the extent that this act has an overall effect of increasing certain costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for those cost increases. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state nor otherwise be subject to Section 6 of Article XIII B of the California Constitution. With regard to certain other costs that may be incurred by a local agency or school district, no reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.