California Assembly Bill AB403 Amended / Bill

 BILL NUMBER: AB 403AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 26, 2015 INTRODUCED BY Assembly Member Mark Stone FEBRUARY 19, 2015  An act relating to foster care.   An act to amend Sections 7911, 7911.1, and 7912 of the Family Code, to amend Section 6276.38 of the Government Code, to amend Sections 1502, 1507.25, 1520.1, 1522.2, 1522.4, 1522.41, 1   522.43, 1524.6, 1530.7, 1530.8, 1531.1, 1531.15, 1534, 1536, 1538.3, 1538.5, 1538.6, 1538.7, 1548, 1562, 1562.35, 1563, and 1567.4 of, to amend, repeal, and add Sections 1502.4 and 1529.2 of, and to add Sections 1506.1 and 1562.01 to, the Health and Safety Code, to amend Sections 11105.2 and 11105.3 of the Penal Code, and to amend Sections 361.2, 727.1, 4094.2, 11400, 11403.2, 11460, 11461.2, 11465, 11466.21, 11466.22, 11466.25, 11466.3, 11466.31, 11466.32, 11466.33, 11466.34, 11466.35, 11466.36, 11466.5, 11466.6, 11468, 16000, 16501, 16501.1   16519.5, and 18251 of, to amend, repeal, and add Sections 4096, 4096.5, 11402, 11462, 11462.01, 11462.02, 11462.04, 11463, and 18254 of, to add Sections 831, 11466, 16519.52, 16519.53, 16519.54, and 16519.55 to, and to add and repeal Section 11463.1 of, the Welfare and Institutions Code, relating to public social services.  LEGISLATIVE COUNSEL'S DIGEST AB 403, as amended, Mark Stone.  Foster care.   Public social services: foster care placement: funding.   Existing law, the California Community Care Facilities Act, requires the State Department of Social Services to license and regulate various out-of-home facilities and entities responsible for children and nonminor dependents in foster care, including foster family homes, group homes, and out-of-state group homes, and imposes training requirements on foster parents. A violation of the act is a misdemeanor.   Existing law provides for the placement of certain children in foster care under the supervision of the department and county welfare departments. Existing law also establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care.   This bill would provide for the reclassification of treatment facilities and the transition from the use of group homes for children in foster care to the use of short-term residential treatment centers, as defined. The bill would impose licensing requirements on those facilities, the violation of which would be a crime pursuant to the act, thereby imposing a state-mandated local program.   The bill would revise the foster parent training requirements imposed by the act. The bill would also provide for the development of child and family teams, as defined, to inform the process of placement and services to foster children and to children at risk of foster care placement. The bill would make conforming and related changes, including requiring the department to develop a new payment structure for funding placement options for children in foster care.   Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.   This bill would make legislative findings to that effect.   The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.   This bill would provide that no reimbursement is required by this act for a specified reason.   Existing law declares the intent of the Legislature to preserve and strengthen a child's family ties whenever possible, removing the child from the custody of his or her parents only when necessary for his or her welfare or for the safety and protection of the public. Existing law includes various provisions relating to appropriate placement and other services for children in foster care.   This bill would express the intent of the Legislature to enact legislation that would reform the continuum of care for youth in foster care in the areas of placement setting, accreditation, temporary transition strategies, foster family agency licensure, provision of core services, residential treatment service provisions, residential treatment center employment requirements, rates, program auditing, and performance measures and transparency.  Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program:  no   yes  . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   It is the intent of the Legislature in adopting this act to improve California's child welfare system and its outcomes by using comprehensive initial child assessments, increasing the use of home-based family care and th   e provision of services and supports to home-based family care, reducing the use of congregate care placement settings, and creating faster paths to permanency resulting in shorter durations of involvement in the child welfare and juvenile justice systems. These changes, along with other provisions in this act, require initial investments in the child welfare system. When implemented, the act   will reduce overall costs to local agencies and allow local savings to be reinvested in child welfare. The Legislature therefore intends that funding beginning with the 2015-16 fiscal year for the initial implementation of this act be short term. Because the act will result in overall fiscal savings to local agencies, the act shall not have the overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Public Safety Realignment. The act therefore will not require the state to provide annual funding described in Section 36 of Article XIII of the California Constitution after the state provides short-term funding for local agencies' initial implementation of the act.  SEC. 2.   Section 7911 of the   Family Code   is amended to read:  7911. The Legislature finds and declares all of the following: (a) The health and safety of California children placed by a county social services agency or probation department out of state pursuant to the provisions of the Interstate Compact on the Placement of Children are a matter of statewide concern. (b) The Legislature therefore affirms its intention that the State Department of Social Services has full authority to require an assessment and placement recommendation by a county multidisciplinary team prior to placement of a child in an out-of-state group home, to investigate allegations of child abuse or neglect of minors so placed, and to ensure that out-of-state group homes, accepting California children, meet all California group home licensing standards.  The Legislature also affirms its intention that, on and after January 1, 2017, the licensing standards applicable to out-of-state group homes shall apply to short-term residential treatment centers operated in this state. (c) This section is declaratory of existing law with respect to the Governor's designation of the State Department of Social Services to act as the compact administrator and of that department to act as the single state agency charged with supervision of public social services under Section 10600 of the Welfare and Institutions Code.  SEC. 3.   Section 7911.1 of the   Family Code   is amended to read:  7911.1. (a) Notwithstanding any other law, the State Department of Social Services or its designee shall investigate any threat to the health and safety of children placed by a California county social services agency or probation department in an out-of-state group home pursuant to the provisions of the Interstate Compact on the Placement of Children. This authority shall include the authority to interview children or staff in private or review their file at the out-of-state facility or wherever the child or files may be at the time of the investigation. Notwithstanding any other law, the State Department of Social Services or its designee shall require certified out-of-state group homes to comply with the reporting requirements applicable to group homes licensed in California pursuant to Title 22 of the California Code of Regulations for each child in care regardless of whether he or she is a California placement, by submitting a copy of the required reports to the Compact Administrator within regulatory timeframes. The Compact Administrator within one business day of receiving a serious events report shall verbally notify the appropriate placement agencies and within five working days of receiving a written report from the out-of-state group home, forward a copy of the written report to the appropriate placement agencies. (b) Any contract, memorandum of understanding, or agreement entered into pursuant to paragraph (b) of Article 5 of the Interstate Compact on the Placement of Children regarding the placement of a child out of state by a California county social services agency or probation department shall include the language set forth in subdivision (a). (c)  (1)    The State Department of Social Services or its designee shall perform initial and continuing inspection of out-of-state group homes in order to either certify that the out-of-state group home meets all licensure standards required of group homes operated in California or that the department has granted a waiver to a specific licensing standard upon a finding that there exists no adverse impact to health and safety.  Any   (2) On and after January 1, 2017, the licensure standards applicable to out-of-state group homes described in paragraph (1) shall apply to short-term residential treatment centers operated in this state.   (   3)     Any  failure by an out-of-state group home facility to make children or staff available as required by subdivision (a) for a private interview or make files available for review shall be grounds to deny or discontinue the certification. The State Department of Social Services shall grant or deny an initial certification or a waiver under this subdivision to an out-of-state group home facility that has more than six California children placed by a county social services agency or probation department by August 19, 1999. The department shall grant or deny an initial certification or a waiver under this subdivision to an out-of-state group home facility that has six or fewer California children placed by a county social services agency or probation department by February 19, 2000. Certifications made pursuant to this subdivision shall be reviewed annually. (d) Within six months of the effective date of this section, a county shall be required to obtain an assessment and placement recommendation by a county multidisciplinary team for each child in an out-of-state group home facility. On or after March 1, 1999, a county shall be required to obtain an assessment and placement recommendation by a county multidisciplinary team prior to placement of a child in an out-of-state group home facility. (e) Any failure by an out-of-state group home to obtain or maintain its certification as required by subdivision (c) shall preclude the use of any public funds, whether county, state, or federal, in the payment for the placement of any child in that out-of-state group home, pursuant to the Interstate Compact on the Placement of Children. (f) (1) A multidisciplinary team shall consist of participating members from county social services, county mental health, county probation, county superintendents of schools, and other members as determined by the county. (2) Participants shall have knowledge or experience in the prevention, identification, and treatment of child abuse and neglect cases, and shall be qualified to recommend a broad range of services related to child abuse or neglect. (g) (1) The department may deny, suspend, or discontinue the certification of the out-of-state group home if the department makes a finding that the group home is not operating in compliance with the requirements of subdivision (c). (2) Any judicial proceeding to contest the department's determination as to the status of the out-of-state group home certificate shall be held in California pursuant to Section 1085 of the Code of Civil Procedure. (h) The certification requirements of this section shall not impact placements of emotionally disturbed children made pursuant to an individualized education program developed pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) if the placement is not funded with federal or state foster care funds. (i) Only an out-of-state group home authorized by the Compact Administrator to receive state funds for the placement by a county social services agency or probation department of any child in that out-of-state group home from the effective date of this section shall be eligible for public funds pending the department's certification under this section.  SEC. 4.   Section 7912 of the   Family Code  is amended to read:  7912. (a) The Legislature finds and declares that the health and safety of children in out-of-state group home care pursuant to the Interstate Compact on the Placement of Children is a matter of statewide concern. The Legislature therefore affirms its intention that children placed by a county social services agency or probation department in out-of-state group homes be accorded the same personal rights and safeguards of a child placed in a California group home. This section is in clarification of existing law. (b)  (1)    The Compact Administrator may temporarily suspend any new placements in an out-of-state group home, for a period not to exceed 100 days, pending the completion of an investigation, pursuant to subdivision (a) of Section 7911.1, regarding a threat to the health and safety of children in care. During any suspension period the department or its designee shall have staff daily onsite at the out-of-state group home.  (2) On and after January 1, 2017, the licensing standards applicable to out-of-state group homes shall apply to short-term residential treatment centers operated in this state.   SEC. 5.   Section 6276.38 of the   Government Code   is amended to read:  6276.38. Radioactive materials, dissemination of information about transportation of, Section 33002, Vehicle Code. Railroad infrastructure protection program, disclosure not required for risk assessments filed with the Public Utilities Commission, the Director of Emergency Services, or the Office of Emergency Services, Section 6254.23. Real estate broker, annual report to Bureau of Real Estate of financial information, confidentiality of, Section 10232.2, Business and Professions Code. Real property, acquisition by state or local government, information relating to feasibility, subdivision (h), Section 6254. Real property, change in ownership statement, confidentiality of, Section 27280. Records described in Section 1620 of the Penal Code. Records of contract purchasers, inspection by public prohibited, Section 85, Military and Veterans Code. Records of persons committed to a state hospital pursuant to Section 4135 of the Welfare and Institutions Code. Registered public obligations, inspection of records of security interests in, Section 5060. Registration of exempt vehicles, nondisclosure of name of person involved in alleged violation, Section 5003, Vehicle Code. Rehabilitation, Department of, confidential information, Section 19016, Welfare and Institutions Code. Reinsurance intermediary-broker license information, confidentiality of, Section 1781.3, Insurance Code. Relocation assistance, confidential records submitted to a public entity by a business or farm operation, Section 7262. Rent control ordinance, confidentiality of information concerning accommodations sought to be withdrawn from, Section 7060.4. Report of probation officer, inspection, copies, Section 1203.05, Penal Code. Repossession agency licensee application, confidentiality of information, Sections 7503, 7504, and 7506.5, Business and Professions Code. Reproductive health facilities, disclosure not required for personal information regarding employees, volunteers, board members, owners, partners, officers, and contractors of a reproductive health services facility who have provided requisite notification, Section 6254.18. Residence address in any record of Department of Housing and Community Development, confidentiality of, Section 6254.1. Residence address in any record of Department of Motor Vehicles, confidentiality of, Section 6254.1, Government Code, and Section 1808.21, Vehicle Code. Residence and mailing addresses in records of Department of Motor Vehicles, confidentiality of, Section 1810.7, Vehicle Code. Residential care facilities, confidentiality of resident information, Section 1568.08, Health and Safety Code. Residential care facilities for the elderly, confidentiality of client information, Section 1569.315, Health and Safety Code.  Resource families, identifying information, Section 16519.55, Welfare and Institutions Code.  Respiratory care practitioner, professional competency examination reports, confidentiality of, Section 3756, Business and Professions Code. Restraint of trade, civil action by district attorney, confidential memorandum, Section 16750, Business and Professions Code. Reward by Governor for information leading to arrest and conviction, confidentiality of person supplying information, Section 1547, Penal Code. Safe surrender site, confidentiality of information pertaining to a parent or individual surrendering a child, Section 1255.7, Health and Safety Code.  SEC. 6.   Section 1502 of the   Health and Safety Code   is amended to read:  1502. As used in this chapter: (a) "Community care facility" means any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and includes the following: (1) "Residential facility" means any family home, group care facility, or similar facility determined by the director, for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. (2) "Adult day program" means any community-based facility or program that provides care to persons 18 years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of these individuals on less than a 24-hour basis. (3) "Therapeutic day services facility" means any facility that provides nonmedical care, counseling, educational or vocational support, or social rehabilitation services on less than a 24-hour basis to persons under 18 years of age who would otherwise be placed in foster care or who are returning to families from foster care. Program standards for these facilities shall be developed by the department, pursuant to Section 1530, in consultation with therapeutic day services and foster care providers. (4) "Foster family agency" means any  public agency or private  organization engaged in the recruiting, certifying, and training of, and providing professional support to, foster parents, or in finding homes or other places for placement of children for temporary or permanent care who require that level of care as an alternative to a group home  or short-term residential treatment center  . Private foster family agencies shall be organized and operated on a nonprofit basis. (5) "Foster family home" means any residential facility providing 24-hour care for six or fewer foster children that is owned, leased, or rented and is the residence of the foster parent or parents, including their family, in whose care the foster children have been placed. The placement may be by a public or private child placement agency or by a court order, or by voluntary placement by a parent, parents, or guardian. It also means a foster family home described in Section 1505.2. (6) "Small family home" means any residential facility, in the 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 that provides short-term, specialized, and intensive treatment, including core services as set forth, on and after January 1, 2017, in paragraph (1) of subdivision (b) of Section 11462 of the Welfare and Institutions Code, and 24-hour care and supervision to children, delivered at least in part by staff employed by the licensee in a structured environment pursuant to Section 1562.01 of the Health and Safety Code. The care and supervision provided by a short-term residential treatment center shall be nonmedical, except as otherwise permitted by law.  (b) "Department" or "state department" means the State Department of Social Services. (c) "Director" means the Director of Social Services.  SEC. 7.   Section 1502.4 of the   Health and Safety Code   is amended to read:  1502.4. (a) (1) A community care facility licensed as a group home for children pursuant to this chapter may accept for placement, and provide care and supervision to, a child assessed as seriously emotionally disturbed as long as the child does not need inpatient care in a licensed health facility. (2) For the purpose of this chapter, the following definitions shall apply: (A) "Inpatient care in a licensed health facility" means care and supervision at a level greater than incidental medical services as specified in Section 1507. (B) "Seriously emotionally disturbed" means the same as paragraph (2) of subdivision (a) of Section 5600.3 of the Welfare and Institutions Code. (b) If a child described in subdivision (a) is placed into a group home program classified at rate classification level 13 or rate classification level 14 pursuant to Section 11462.01 of the Welfare and Institutions Code, the licensee shall meet both of the following requirements: (1) The licensee shall agree to accept, for placement into its group home program, only children who have been assessed as seriously emotionally disturbed by either of the following: (A) An interagency placement committee, as described in Section 4096 of the Welfare and Institutions Code or by a licensed mental health professional, as defined in Sections 629 to 633, inclusive, of Title 9 of the California Code of Regulations. (B) A licensed mental health professional pursuant to paragraph (3) of subdivision (i), or subdivision (j), of Section 11462.01 of the Welfare and Institutions Code if the child is privately placed or only county funded. (2) The program is certified by the State Department of Health Care Services, pursuant to Section 4096.5 of the Welfare and Institutions Code, as a program that provides mental health treatment services for seriously emotionally disturbed children. (c) The department shall not evaluate, or have any responsibility or liability with regard to the evaluation of, the mental health treatment services provided pursuant to this section and paragraph (3) of subdivision (f) of Section 11462.01 of the Welfare and Institutions Code.  (d) (1) This section shall become inoperative on January 1, 2017, except that this section shall continue to apply, until January 1, 2018, to a group home that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11462.04 of the Welfare and Institutions Code.   (2) This section is repealed as of January 1, 2018, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.   SEC. 8.   Section 1502.4 is added to the   Health and Safety Code   , to read:   1502.4. (a) (1) A community care facility licensed as a short-term residential treatment center or a foster family agency that provides treatment services for children pursuant to this chapter may accept for placement, and provide care and supervision to, a child assessed as seriously emotionally disturbed as long as the child does not need inpatient care in a licensed health facility. (2) For the purposes of this chapter, the following definitions shall apply: (A) "Inpatient care in a licensed health facility" means care and supervision at a level greater than incidental medical services as specified in Section 1507. (B) "Seriously emotionally disturbed" means the same as paragraph (2) of subdivision (a) of Section 5600.3 of the Welfare and Institutions Code. (b) If a child described in subdivision (a) is placed into a short-term residential treatment center or a foster family agency that provides treatment services pursuant to Section 11462.01 of the Welfare and Institutions Code, the licensee shall meet both of the following requirements: (1) The licensee shall agree to accept, for placement into a short-term residential treatment center or a foster family agency that provides treatment services, only children who have been assessed as seriously emotionally disturbed by either of the following: (A) An interagency placement committee or child and family team, as described in Section 4096 of the Welfare and Institutions Code, or by a licensed mental health professional. (B) A licensed mental health professional pursuant to paragraph (3) of subdivision (i), or subdivision (j), of Section 11462.01 of the Welfare and Institutions Code if the child is privately placed or only county funded. (2) The program is certified by the State Department of Health Care Services, or a county to which the department has delegated certification authority pursuant to Section 4096.5 of the Welfare and Institutions Code, as a program that provides mental health treatment services for seriously emotionally disturbed children. (c) The department shall not evaluate, nor have any responsibility nor liability with regard to the evaluation of, the mental health treatment services provided pursuant to this section and paragraph (3) of subdivision (f) of Section 11462.01 of the Welfare and Institutions Code. (d) (1) This section shall become operative on January 1, 2017. (2) This section shall not apply, until January 1, 2018, to a group home that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11462.04 of the Welfare and Institutions Code.   SEC. 9.   Section 1506.1 is added to the   Health and Safety Code   , to read:   1506.1. (a) A foster family agency shall prepare and maintain a current, written plan of operation as required by the department. (b) On and after July 1, 2017, a foster family agency's plan of operation shall demonstrate the foster family agency's ability to support the differing needs of children and their families. (1) In addition to the rules and regulations adopted pursuant to this chapter, a foster family agency's plan of operation shall contain a description of the core services and supports, as set forth in paragraph (5) of subdivision (b) of Section 11463 the Welfare and Institutions Code and as prescribed by the department, to be offered to children and their families, as appropriate or as necessary. (2) The plan of operation shall describe how the foster family agency will comply with the resource family approval standards and requirements, as set forth in Section 16519.5 of the Welfare and Institutions Code. (3) In addition to the rules and regulations adopted pursuant to this chapter, a county licensed to operate a foster family agency shall describe, in the plan of operation, its conflict of interest mitigation plan, as set forth in subdivision (g) of Section 11462.02 of the Welfare and Institutions Code. (c) The department shall have the authority to inspect a foster family agency pursuant to subdivision (c) of Section 11463 of the Welfare and Institutions Code.   SEC. 10.   Section 1507.25 of the   Health and Safety Code   is amended to read:  1507.25. (a) (1) Notwithstanding any other  provision of  law, a person described in paragraph (2), who is not a licensed health care professional, but who is trained to administer injections by a licensed health care professional practicing within his or her scope of practice, may administer emergency medical assistance and injections for severe diabetic hypoglycemia and anaphylactic shock to a foster child in placement. (2) The following individuals shall be authorized to administer emergency medical assistance and injections in accordance with this subdivision: (A) A relative caregiver. (B) A nonrelative extended family member.  (C) A foster family home parent.   (C) A member of a resource family, as defined in subdivision (c) of Section 16519.5 of the Welfare and Institutions Code.  (D) A small family home parent. (E) A certified parent of a foster family agency. (F) A substitute caregiver of a foster family home or a certified family home. (G) A direct care staff member of a small family home or a group home.  (H) On and after January 1, 2017, a direct care staff member of a short-term residential treatment center.  (3) The licensed health care professional shall periodically review, correct, or update training provided pursuant to this section as he or she deems necessary and appropriate. (b) (1) Notwithstanding any other  provision of  law, a person described in paragraph (2), who is not a licensed health care professional, but who is trained to administer injections by a licensed health care professional practicing within his or her scope of practice, may administer subcutaneous injections of other medications, including insulin, as prescribed by the child's physician, to a foster child in placement. (2) The following individuals shall be authorized to give prescribed injections including insulin in accordance with this subdivision: (A) A relative caregiver. (B) A nonrelative extended family member.  (C) A member of a resource family, as defined in subdivision (c) of Section 16519.5 of the Welfare and Institutions Code.   (C)   (   D)  A foster family home parent.  (D)   (   E)  A small family home parent.  (E)   (   F)  A certified parent of a foster family agency.  (F)   (   G)  In the absence of a foster parent, a designated substitute caregiver in a foster family home or a certified family home. (3) The licensed health care professional shall periodically review, correct, or update training provided pursuant to this section as he or she deems necessary and appropriate. (c) For purposes of this section, administration of an insulin injection shall include all necessary supportive activities related to the preparation and administration of injection, including glucose testing and monitoring. (d) Notwithstanding Part 5.5 (commencing with Section 17700) of Division 9 of, and particularly subdivision (g) of Section 17710 of, the Welfare and Institutions Code, a child's need to receive injections pursuant to this section shall not be the sole basis for determining that the child has a medical condition requiring specialized in-home health care. (e) This section does not supersede the requirements of Section 369.5 of the Welfare and Institutions Code, with respect to the administration of psychotropic medication to a dependent child of the court.  SEC. 11.   Section 1520.1 of the   Health and Safety Code   is amended to read:  1520.1. In addition to Section 1520, applicants for a group home  facility   or short-term residential treatment center  license shall meet the following requirements: (a) (1) During the first 12 months of operation, the facility shall operate with a provisional license. After eight months of operation, the department shall conduct a comprehensive review of the facility for compliance with all applicable laws and regulations and help develop a plan of correction with the provisional licensee, if appropriate. By the end of the 12th month of operation, the department shall determine if the permanent license should be issued. (2) If the department determines that the group home  or short-term residential treatment center  is in substantial compliance with licensing standards, notwithstanding Section 1525.5, the department may extend the provisional license for up to an additional six months for either of the following reasons: (A) The group home  or short-term residential treatment center  requires additional time to be in full compliance with licensing standards. (B) After 12 months of operation, the group home  or short-term residential treatment center  is not operating at 50 percent of its licensed capacity. (3) By no later than the first business day of the 17th month of operation, the department shall conduct an additional review of a facility for which a provisional license is extended pursuant to paragraph (2), in order to determine whether a permanent license should be issued. (4) The department may deny a group home  or short-term residential treatment center  license application at any time during the term of the provisional license to protect the health and safety of clients. If the department denies the application, the group home  or short-term   residential treatment center  shall cease operation immediately. Continued operation of the facility after the department denies the application or the provisional license expires shall constitute unlicensed operation. (5) When the department notifies a city or county planning authority pursuant to subdivision (c) of Section 1520.5, the department shall briefly describe the provisional licensing process and the timelines provided for under that process, as well as provide the name, address, and telephone number of the district office licensing the facility where a complaint or comment about the group 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  and every member of a short-term residential treatment center's board of directors  shall, prior to becoming a member of the board of directors sign a statement that the board member understands his or her legal duties and obligations as a member of the board of directors and that the group 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 when the booklet is produced, the licensee shall obtain this statement by the next scheduled meeting of the board of directors. Compliance with this paragraph shall be a condition of licensure. (2)  No later than May 1, 1999, the department, in cooperation with the Department of Justice and in consultation with group home providers, shall develop and   The department shall  distribute to every group home provider  and short-term residential treatment center provider, respectively, detailed information designed to educate members of the group home provider's  or short-term residential treatment center provider's  board of directors of their roles and responsibilities as board members of a public benefit corporation under the laws of this state. The information shall be included in a booklet,  which   may be revised as deemed necessary by the department, and  shall include, but not be limited to, all of the following: (A) The financial responsibilities of a member of the board of directors. (B) Disclosure requirements for self-dealing transactions. (C) Legal requirements pertaining to articles of incorporation, bylaws, length of board member terms, voting procedures, board meetings, quorums, minutes of board meetings, and, as provided for in subdivision (f), board member duties. (D) A general overview of the laws and regulations governing the group 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, and shall contain an affirmative statement that the signatories understand that the information contained in the document is correct to the best of their knowledge and that submission of false or misleading information may be prosecuted as a crime. (d) An applicant, provisional licensee, or licensee shall maintain, submit, and sign financial documents to verify the legitimacy and accuracy of these documents. These documents include, but are not limited to, the group home  or short-term residential treatment center  application, any financial documents and plans of corrections submitted to the department, and time sheets. (e) (1) It is the intent of the Legislature that a group home  or short-term residential treatment center  have either representatives on its board of directors, as listed in paragraph (2), or a community advisory board, that meets at least annually. (2) The representatives on the board of directors or the community advisory board members should consist of at least the following persons: (A) A member of the 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. During these quarterly meetings, the board of directors shall review and discuss licensing reports, financial and program audit reports of its group home  or short-term residential treatment center  operations, special incident reports, and any administrative action against the licensee or its employees. The minutes shall reflect the board'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   home's   or short-term residential treatment center's  board of directors meetings to the department.  SEC. 12.   Section 1522.2 of the   Health and Safety Code   is amended to read:  1522.2. If a local law enforcement agency, a probation officer, or a local department or agency that provides social services becomes aware that an employee of a community treatment facility, a day treatment facility, a group home,  a short-term residential treatment center,  or a foster family agency has been arrested for child abuse, as defined in Section 11165.6 of the Penal Code, after determining that the potential for abuse is present and that the employee is free to return to the facility where children are present, the local law enforcement agency, probation officer, or local department or agency shall notify the licensee of the charge of abuse.  SEC. 13.   Section 1522.4 of the  Health and Safety Code   is amended to read:  1522.4. (a) In addition to any other requirements of this chapter and except for foster family homes, small family homes, and certified family homes of foster family agencies, all of the following apply to any community care facility providing 24-hour care for children: (1) The facility shall have one or more facility managers. "Facility manager," as used in this section, means a person on the premises with the authority and responsibility necessary to manage and control the day-to-day operation of a community care facility and supervise the clients. The facility manager, licensee, and administrator, or any combination thereof, may be the same person provided he or she meets all applicable requirements. If the administrator is also the facility manager for the same facility, this person shall be limited to the administration and management of only one facility. (2) The facility manager shall have at least one year of experience working with the client group served, or equivalent education or experience, as determined by the department. (3) A facility manager shall be at the facility at all times when one or more clients are present. To ensure adequate supervision of clients when clients are at the facility outside of their normal schedule, a current telephone number where the facility manager can be reached shall be provided to the clients, licensing agency, school, and any other agency or person as the department determines is necessary. The facility manager shall instruct these agencies and individuals to notify him or her when clients will be returning to the facility outside of the normal hours. (4) The Legislature intends to upgrade the quality of care in licensed facilities. For the purposes of Sections 1533 and 1534, the licensed facility shall be inspected and evaluated for quality of care at least once each year, without advance notice and as often as necessary, without advance notice, to ensure the quality of care being provided. Paragraphs (1), (2), and (3) shall apply only to new facilities licensed for six or fewer children which apply for a license after January 1, 1985, and all other new facilities licensed for seven or more children which apply for a license after January 1, 1988. Existing facilities licensed for seven or more children shall comply by January 1, 1989. (b) No employee of the state or county employed in the administration of this chapter or employed in a position that is in any way concerned with facilities licensed under this chapter shall hold a license or have a direct or indirect financial interest in a facility described in subdivision (a). The department, by regulation, shall make the determination pursuant to the purposes of this section and chapter, as to what employment is in the administration of this chapter or in any way concerned with facilities licensed under this chapter and what financial interest is direct or indirect. This subdivision does not prohibit the state or county from securing a license for, or operating, a facility that is otherwise required to be licensed under this chapter. (c) (1) No group home  , short-term residential treatment center,  or foster family agency licensee, or employee, member of the board of directors, or officer of a group home  , short-term residential treatment center,  or foster family agency licensee, shall offer gifts or other remuneration of any type to any employee of the State Department of Social Services or placement agency that exceeds the monetary limits for gifts to employees of the State of California pursuant to Title 9 (commencing with Section 81000) of the Government Code and regulations adopted thereunder by the Fair Political Practices Commission. (2) No employee of the department or a placement agency shall accept any gift or other remuneration of any type from a group home  , short-term residential treatment center,  or foster family agency licensee or employee, member of the board of directors, or officer of a group home  , short-term residential treatment center,  or foster family agency licensee that exceeds the monetary limits for gifts to employees of the State of California in Title 9 (commencing with Section 81000) of the Government Code and regulations adopted thereunder by the Fair Political Practices Commission. (3) Violation of this subdivision is punishable as a misdemeanor.  SEC. 14.   Section 1522.41 of the   Health and Safety Code   is amended to read:  1522.41. (a)  (1)    The  director,   department,  in consultation and collaboration with county placement officials, group home provider organizations, the Director of Health Care Services, and the Director of Developmental Services, shall develop and establish  a   an administrator  certification  training  program to ensure that administrators of group home facilities have appropriate training to provide the care and services for which a license or certificate is issued.  (2) The department shall develop and establish an administrator certification training program to ensure that administrators of short-term residential treatment center facilities have appropriate training to provide the care and services for which a license or certificate is issued.  (b) (1) In addition to any other requirements or qualifications required by the department, an administrator of a group home  facility   or short-term residential treatment center  shall successfully complete a department-approved  training  certification program, pursuant to subdivision (c), prior to employment. An administrator employed in a group home  on the effective date of this section   or short-term residential treatment center  shall meet the requirements of paragraph (2) of subdivision (c). (2) In those cases where the individual is both the licensee and the administrator of a facility, the individual shall comply with all of the licensee and administrator requirements of this section. (3) Failure to comply with this section shall constitute cause for revocation of the license of the facility. (4) The licensee shall notify the department within 10 days of any change in administrators. (c) (1) The administrator certification programs shall require a minimum of 40 hours of classroom instruction that provides training on a uniform core of knowledge in each of the following areas: (A) Laws, regulations, and policies and procedural standards that impact the operations of the type of facility for which the applicant will be an administrator. (B) Business operations. (C) Management and supervision of staff. (D) Psychosocial and educational needs of the facility residents. (E) Community and support services. (F) Physical needs for facility residents. (G) Administration, storage, misuse, and interaction of medication used by facility residents. (H) Resident admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status. (I) Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care. (J) Nonviolent emergency intervention and reporting requirements. (K) Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in the School Safety and Violence Prevention Act (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code). (2) The department shall adopt separate program requirements for initial certification for persons who are employed as group home administrators on the effective date of this section. A person employed as an administrator of a group home facility on the effective date of this section shall obtain a certificate by completing the training and testing requirements imposed by the department within 12 months of the effective date of the regulations implementing this section. After the effective date of this section, these administrators shall meet the requirements imposed by the department on all other group home administrators for certificate renewal.  (3) The department shall adopt a separate administrator certification training program for group home administrators who desire to become short-term residential treatment center administrators.   (3)   (4)  Individuals applying for  administrator  certification under this section shall successfully complete an approved  administrator  certification  training  program, pass a written test administered by the department within 60 days of completing the program, and submit to the department the documentation required by subdivision (d) within 30 days after being notified of having passed the test. The department may extend these time deadlines for good cause. The department shall notify the applicant of his or her test results within 30 days of administering the test. (d) The department shall not begin the process of issuing a certificate until receipt of all of the following: (1) A certificate of completion of the administrator training required pursuant to this chapter. (2) The fee required for issuance of the certificate. A fee of one hundred dollars ($100) shall be charged by the department to cover the costs of processing the application for certification. (3) Documentation from the applicant that he or she has passed the written test. (4) Submission of fingerprints pursuant to Section 1522. The department may waive the submission for those persons who have a current clearance on file. (5) That person is at least 21 years of age. (e) It shall be unlawful for any person not certified under this section to hold himself or herself out as a certified administrator of a group home  facility   or short-term residential treatment center  . Any person willfully making any false representation as being a certified administrator or facility manager is guilty of a misdemeanor. (f) (1) Certificates issued under this section shall be renewed every two years and renewal shall be conditional upon the certificate holder submitting documentation of completion of 40 hours of continuing education related to the core of knowledge specified in subdivision (c). No more than one-half of the required 40 hours of continuing education necessary to renew the certificate may be satisfied through online courses. All other continuing education hours shall be completed in a classroom setting. For purposes of this section, an individual who is a group home  facility   or short-term residential treatment center  administrator and who is required to complete the continuing education hours required by the regulations of the State Department of Developmental Services, and approved by the regional center, may have up to 24 of the required continuing education course hours credited toward the 40-hour continuing education requirement of this section.  Community   The department shall accept for certification, community  college course hours approved by the regional  centers shall be accepted by the department for certification   centers  . (2) Every administrator of a group home  facility   or short-term residential treatment center  shall complete the continuing education requirements of this subdivision. (3) Certificates issued under this section shall expire every two years on the anniversary date of the initial issuance of the certificate, except that any administrator receiving his or her initial certification on or after July 1, 1999, shall make an irrevocable election to have his or her recertification date for any subsequent recertification either on the date two years from the date of issuance of the certificate or on the individual's birthday during the second calendar year following certification. The department shall send a renewal notice to the certificate holder 90 days prior to the expiration date of the certificate. If the certificate is not renewed prior to its expiration date, reinstatement shall only be permitted after the certificate holder has paid a delinquency fee equal to three times the renewal fee and has provided evidence of completion of the continuing education required. (4) To renew a certificate, the certificate holder shall, on or before the certificate expiration date, request renewal by submitting to the department documentation of completion of the required continuing education courses and pay the renewal fee of one hundred dollars ($100), irrespective of receipt of the department's notification of the renewal. A renewal request postmarked on or before the expiration of the certificate shall be proof of compliance with this paragraph. (5) A suspended or revoked certificate shall be subject to expiration as provided for in this section. If reinstatement of the certificate is approved by the department, the certificate holder, as a condition precedent to reinstatement, shall submit proof of compliance with paragraphs (1) and (2) of subdivision (f), and shall pay a fee in an amount equal to the renewal fee, plus the delinquency fee, if any, accrued at the time of its revocation or suspension. Delinquency fees, if any, accrued subsequent to the time of its revocation or suspension and prior to an order for reinstatement, shall be waived for a period of 12 months to allow the individual sufficient time to complete the required continuing education units and to submit the required documentation. Individuals whose certificates will expire within 90 days after the order for reinstatement may be granted a three-month extension to renew their certificates during which time the delinquency fees shall not accrue. (6) A certificate that is not renewed within four years after its expiration shall not be renewed, restored, reissued, or reinstated except upon completion of a certification training program, passing any test that may be required of an applicant for a new certificate at that time, and paying the appropriate fees provided for in this section. (7) A fee of twenty-five dollars ($25) shall be charged for the reissuance of a lost certificate. (8) A certificate holder shall inform the department of his or her employment status and change of mailing address within 30 days of any change. (g) Unless otherwise ordered by the department, the certificate shall be considered forfeited under either of the following conditions: (1) The department has revoked any license held by the administrator after the department issued the certificate. (2) The department has issued an exclusion order against the administrator pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897, after the department issued the certificate, and the administrator did not appeal the exclusion order or, after the appeal, the department issued a decision and order that upheld the exclusion order. (h) (1) The department, in consultation and collaboration with county placement officials, provider organizations, the State Department of Health Care Services, and the State Department of Developmental Services, shall establish, by regulation, the program content, the testing instrument, the process for approving  certification   administrator certification  training programs, and criteria to be used in authorizing individuals, organizations, or educational institutions to conduct certification training programs and continuing education courses. The department may also grant continuing education hours for continuing courses offered by accredited educational institutions that are consistent with the requirements in this section. The department may deny vendor approval to any agency or person in any of the following circumstances: (A) The applicant has not provided the department with evidence satisfactory to the department of the ability of the applicant to satisfy the requirements of vendorization set out in the regulations adopted by the department pursuant to subdivision (j). (B) The applicant person or agency has a conflict of interest in that the person or agency places its clients in group  home facilities   homes or short-term   residential treatment centers  . (C) The applicant public or private agency has a conflict of interest in that the agency is mandated to place clients in group homes  or short-term residential treatment centers  and to pay directly for the services. The department may deny vendorization to this type of agency only as long as there are other vendor programs available to conduct the certification training programs and conduct education courses. (2) The department may authorize vendors to conduct the administrator's certification training program pursuant to this section. The department shall conduct the written test pursuant to regulations adopted by the department. (3) The department shall prepare and maintain an updated list of approved training vendors. (4) The department may inspect  administrator  certification training programs and continuing education courses, including online courses, at no charge to the department, to determine if content and teaching methods comply with regulations. If the department determines that any vendor is not complying with the requirements of this section, the department shall take appropriate action to bring the program into compliance, which may include removing the vendor from the approved list. (5) The department shall establish reasonable procedures and timeframes not to exceed 30 days for the approval of vendor training programs. (6) The department may charge a reasonable fee, not to exceed one hundred fifty dollars ($150) every two years, to certification program vendors for review and approval of the initial 40-hour training program pursuant to subdivision (c). The department may also charge the vendor a fee, not to exceed one hundred dollars ($100) every two years, for the review and approval of the continuing education courses needed for recertification pursuant to this subdivision. (7) (A) A vendor of online programs for continuing education shall ensure that each online course contains all of the following: (i) An interactive portion in which the participant receives feedback, through online communication, based on input from the participant. (ii) Required use of a personal identification number or personal identification information to confirm the identity of the participant. (iii) A final screen displaying a printable statement, to be signed by the participant, certifying that the identified participant completed the course. The vendor shall obtain a copy of the final screen statement with the original signature of the participant prior to the issuance of a certificate of completion. The signed statement of completion shall be maintained by the vendor for a period of three years and be available to the department upon demand. Any person who certifies as true any material matter pursuant to this clause that he or she knows to be false is guilty of a misdemeanor. (B) Nothing in this subdivision shall prohibit the department from approving online programs for continuing education that do not meet the requirements of subparagraph (A) if the vendor demonstrates to the department's satisfaction that, through advanced technology, the course and the course delivery meet the requirements of this section. (i) The department shall establish a registry for holders of certificates that shall include, at a minimum, information on employment status and criminal record clearance. (j) Subdivisions (b) to (i), inclusive, shall be implemented upon regulations being adopted by the department, by January 1, 2000. (k) Notwithstanding any provision of law to the contrary, vendors approved by the department who exclusively provide either initial or continuing education courses for certification of administrators of a group home  facility   or short-term residential treatment center  as defined by regulations of the department, an adult residential facility as defined by regulations of the department, or a residential care facility for the elderly as defined in subdivision (k) of Section 1569.2, shall be regulated solely by the department pursuant to this chapter. No other state or local governmental entity shall be responsible for regulating the activity of those vendors.  SEC. 15.   Section 1522.43 of the   Health and Safety Code   is amended to read:  1522.43. (a) (1) For the duties the department imposes on a group home  facility   administrator or short-term residential treatment center  administrator in this chapter and in regulations adopted by the department, every group home  and short-term residential treatment center  shall state in its plan of operation, the number of hours per week that the administrator shall spend completing those duties and how the group home  administrator or short-term residential treatment center  administrator shall accomplish those duties, including use of support personnel. (2) For initial applicants, the information in paragraph (1) shall be contained in the plan of operation submitted to the department in the application. (3) For current licensees, the licensee shall submit an amended plan of operation that contains the information required by paragraph (1) within six months of the effective date of this section. For changes in the group home administrator duties imposed by the department in this chapter or in regulations, a current licensee shall have six months after the effective date of those duties to submit an amended plan of operation to reflect the new administrator duties. (b) (1) The department may review a group home's  or short-term residential treatment center's  plan of operation to determine if the plan of operation is sufficient to ensure that the facility will operate in compliance with applicable licensing laws and regulations. As part of the review, the department may request that a peer review panel review the plan of operation  for a group home as prescribed in paragraph (2), or for a short-term residential treatment center as prescribed in paragraph (3)  . (2) The peer review panel shall consist of two representatives from the department, a qualified group home administrator, an experienced group home provider  in good standing  , and a member or members from the placement agency or agencies that place children in group homes.  (3) The peer review panel shall consist of two representatives from the department, a qualified short-term residential treatment center administrator, a short-term residential treatment center provider in good standing, and a member or members from the placement agency or agencies that place children in short-term residential treatment centers.  (c) A group home  or short-term residential treatment center  shall develop a daily schedule of activities for the children at the facility. The facility shall have this schedule available for inspection by the department. The activities in which the children are scheduled to participate shall be designed to meet the needs of the individual child, and shall be based on that child's needs and services plan.  SEC. 16.   Section 1524.6 of the   Health and Safety Code   is amended to read:  1524.6. (a) In addition to any other requirement of this chapter, any group home  facility  or short-term residential treatment center  , as defined by regulations of the department, providing care for any number of persons, that is not already subject to the requirements of Section 1524.5, shall provide a procedure approved by the licensing agency for immediate response to incidents and complaints, as defined by regulations of the department. This procedure shall include a method of ensuring that the owner, licensee, or person designated by the owner or licensee is notified of the incident or complaint, that the owner, licensee, or person designated by the owner or licensee has personally investigated the matter, and that the person making the complaint or reporting the incident has received a written response, within 30 days of receiving the complaint, of action taken, or a reason why no action needs to be taken. (b) In order to ensure the opportunity for complaints to be made directly to the owner, licensee, or person designated by the owner or licensee, and to provide the opportunity for the owner, licensee, or person designated by the owner or licensee to meet neighborhood residents and learn of problems in the neighborhood, any group home  facility   or short-term residential treatment center  shall establish a fixed time on a periodic basis when the owner, licensee, or person designated by the owner or licensee will be present. At this fixed time, information shall be provided to neighborhood residents of the complaint procedure pursuant to Section 1538. (c) Facilities shall establish procedures to comply with the requirements of this section on or before July 1, 2005. (d) This section shall not apply to family homes certified by foster family agencies, foster family homes, and small family homes. It is not the intent of the Legislature that this section be applied in a way that is contrary to the child's best interests.  SEC. 17.   Section 1529.2 of the   Health and Safety Code   is amended to read:  1529.2. (a) In addition to the foster parent training provided by community colleges, foster family agencies shall provide a program of training for their certified foster families. (b) (1) Every licensed foster parent shall complete a minimum of 12 hours of foster parent training, as prescribed in paragraph (3), before the placement of any foster children with the foster parent. In addition, a foster parent shall complete a minimum of eight hours of foster parent training annually, as prescribed in paragraph (4). No child shall be placed in a foster family home unless these requirements are met by the persons in the home who are serving as the foster parents. (2) (A) Upon the request of the foster parent for a hardship waiver from the postplacement training requirement or a request for an extension of the deadline, the county may, at its option, on a case-by-case basis, waive the postplacement training requirement or extend any established deadline for a period not to exceed one year, if the postplacement training requirement presents a severe and unavoidable obstacle to continuing as a foster parent. Obstacles for which a county may grant a hardship waiver or extension are: (i) Lack of access to training due to the cost or travel required. (ii) Family emergency. (B) Before a waiver or extension may be granted, the foster parent should explore the opportunity of receiving training by video or written materials. (3) The initial preplacement training shall include, but not be limited to, training courses that cover all of the following: (A) An overview of the child protective system. (B) The effects of child abuse and neglect on child development. (C) Positive discipline and the importance of self-esteem. (D) Health issues in foster care. (E) Accessing education and health services available to foster children. (F) The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status. (G) Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care. (H) Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the California Student Safety and Violence Prevention Act  of 2000  (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code). (4) The postplacement annual training shall include, but not be limited to, training courses that cover all of the following: (A) Age-appropriate child development. (B) Health issues in foster care. (C) Positive discipline and the importance of self-esteem. (D) Emancipation and independent living skills if a foster parent is caring for youth. (E) The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status. (F) Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care. (5) Foster parent training may be attained through a variety of sources, including community colleges, counties, hospitals, foster parent associations, the California State Foster Parent Association's Conference, adult schools, and certified foster parent instructors. (6) A candidate for placement of foster children shall submit a certificate of training to document completion of the training requirements. The certificate shall be submitted with the initial consideration for placements and provided at the time of the annual visit by the licensing agency thereafter. (c) Nothing in this section shall preclude a county from requiring county-provided preplacement or postplacement foster parent training in excess of the requirements in this section.  (d) This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.   SEC. 18.   Section   1529.2 is added to the   Health and Safety Code   , to read:   1529.2. (a) It is the intent of the Legislature that all foster parents have the necessary knowledge, skills, and abilities to support the safety, permanency, and well-being of children in foster care. Initial and ongoing preparation and training of foster parents should support the foster parent's role in parenting vulnerable children, youth, and young adults, including supporting the children' s connection with their families. Their training should be ongoing in order to provide foster parents with information on new practices and requirements within the child welfare system and may be offered in a classroom setting, online, or individually. (b) Prior to licensing or certification, training shall include, but not be limited to, the following topics: (1) An overview of the child protective system. (2) The effects of trauma and child abuse or neglect on child development and behavior. (3) Positive discipline and the importance of self-esteem. (4) Health issues in foster care, including the administration of psychotropic and other medications. (5) Accessing education, health, and behavioral health services available to foster children. (6) The rights of a child in foster care, and the foster parent'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. (7) Cultural needs of children, including instruction on cultural competency and respect relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care. (8) Basic instruction on existing laws and procedures regarding the safety of foster youth at school; and ensuring a harassment and violence free school environment pursuant to the California Student Safety and Violence Prevention Act (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code). (9) Permanence and well-being needs of children. (10) Child and adolescent development. (11) Role of foster parents, including working cooperatively with the child welfare agency, the child's family, and other service providers implementing the case plan. (12) A foster parent's responsibility to act as a reasonable and prudent parent; and to maintain the least restrictive, most family-like environment that serves the needs of the child. (c) In addition to the initial requirements contained in subdivision (b), a licensed or certified foster parent shall complete a minimum number of training hours annually, a portion of which shall be from one or more of the following topics, as prescribed by the department, pursuant to subdivision (a): (1) Age-appropriate child and adolescent development. (2) Health issues in foster care, including the administration of psychotropic and other medications. (3) Positive discipline and the importance of self-esteem. (4) Preparation for youth and young adults for a successful transition to adulthood. (5) The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status. (6) Instruction on cultural competency and respect relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care. (d) No child shall be placed with a foster parent unless each foster parent in the home meets the requirements of this section. (e) (1) Upon the request of the licensed or certified foster parent for a hardship waiver from the annual training requirement or a request for an extension of the deadline, the county may, at its option, on a case-by-case basis, waive the training requirement or extend any established deadline for a period not to exceed one year, if the training requirement presents a severe and unavoidable obstacle to continuing as a foster parent. (2) Obstacles for which a county may grant a hardship waiver or extension are: (A) Lack of access to training due to the cost or travel required. (B) Family emergency. (3) Before a waiver or extension may be granted, the licensed or certified foster parent should explore the opportunity of receiving training by video or written materials. (f) (1) Foster parent training may be obtained through sources that include, but are not necessarily limited to, community colleges, counties, hospitals, foster parent associations, the California State Foster Parent Association's Conference, adult schools, and certified foster parent instructors. (2) In addition to the foster parent training provided by community colleges, foster family agencies shall provide a program of training for their certified foster families. (g) Training certificates shall be submitted to the appropriate licensing or foster family agency. (1) A foster parent applicant shall submit a certificate of completion of training as a precondition of licensure or certification. (2) Upon completion, a licensed or certified parent shall submit a certificate of completion for the annual training requirements. (h) Nothing in this section shall preclude a county or a foster family agency from requiring foster parent training in excess of the requirements in this section. (i) This section shall become operative on January 1, 2017.   SEC. 19.   Section 1530.7 of the   Health and Safety Code   is   amended to read:  1530.7. (a) Group homes,  short-term residential treatment centers,  foster family agencies, small family homes, transitional housing placement providers, and crisis nurseries licensed pursuant to this chapter shall maintain a smoke-free environment in the facility. (b) A person who is licensed or certified pursuant to this chapter to provide residential care in a foster family home or certified family home shall not smoke or permit any other person to smoke inside the facility, and, when the child is present, on the outdoor grounds of the facility. (c) A person who is licensed or certified pursuant to this chapter to provide residential foster care shall not smoke in any motor vehicle that is regularly used to transport the child.  SEC. 20.   Section 1530.8 of the   Health and Safety Code   is amended to read:  1530.8. (a) (1) The department shall adopt regulations for community care facilities licensed as group homes, and for temporary shelter care facilities as defined in subdivision (c), that care for dependent children, children placed by a regional center, or voluntary placements, who are younger than six years of age. The department shall adopt these regulations after assessing the needs of this population and developing standards pursuant to Section 11467.1 of the Welfare and Institutions Code.  To the extent that the department determines they are necessary, the department may adopt regulations under this section that apply to short-term residential treatment centers that care for children younger than six years of age.  (2) The department shall adopt regulations under this section that apply to mother and infant programs serving children younger than six years of age who reside in a group home  or short-term residential treatment centers  with a minor parent who is the primary caregiver of the child that shall be subject to the requirements of subdivision (d).  To the extent that the department determines   they are necessary, the department may adopt regulations under this section that apply to short-term residential treatment centers that provide mother and infant programs serving children younger than six years of age.  (3) To the extent that the department determines they are necessary, the department shall adopt regulations under this section that apply to group homes  or short-term residential treatment centers  that care for dependent children who are 6 to 12 years of age, inclusive. In order to determine whether such regulations are necessary, and what any resulting standards should include, the department shall consult with interested parties that include, but are not limited to, representatives of current and former foster youth, advocates for children in foster care, county welfare and mental health directors, chief probation officers, representatives of care providers, experts in child development, and representatives of the Legislature. The standards may provide normative guidelines differentiated by the needs specific to children in varying age ranges that fall between 6 and 12 years of age, inclusive. Prior to adopting regulations, the department shall submit for public comment, by July 1, 2016, any proposed regulations. (b) The regulations shall include physical environment standards, including staffing and health and safety requirements, that meet or exceed state child care standards under Title 5 and Title 22 of the California Code of Regulations. (c) For purposes of this section, a "temporary shelter care facility" means any residential facility that meets all of the following requirements: (1) It is owned and operated by the county. (2) It is a 24-hour facility that provides short-term residential care and supervision for dependent children under 18 years of age who have been removed from their homes as a result of abuse or neglect, as defined in Section 300 of the Welfare and Institutions Code, or both.  (d) (1) By September 1, 1999, the department shall submit for public comment regulations specific to mother and infant programs serving children younger than six years of age who are dependents of the court and reside in a group home with a minor child who is the primary caregiver of the child.   (2) The regulations shall include provisions that when the minor parent is absent and the facility is providing direct care to children younger than six years of age who are dependents of the court, there shall be one child care staff person for every four children of minor parents.   (3) In developing these proposed regulations, the department shall issue the proposed regulations for public comment, and shall refer to existing national standards for mother and infant programs as a guideline, where applicable.   (4) Prior to preparing the proposed regulations, the department shall consult with interested parties by convening a meeting by February 28, 1999, that shall include, but not be limited to, representatives from a public interest law firm specializing in children's issues and provider organizations.   SEC. 21.   Section 1531.1 of the   Health and Safety Code   is amended to read:  1531.1. (a) A residential facility licensed as an adult residential facility, group home,  short-term residential treatment center,  small family home, foster family home, or a family home certified by a foster family agency may install and utilize delayed egress devices of the time delay type. (b) As used in this section, "delayed egress device" means a device that precludes the use of exits for a predetermined period of time. These devices shall not delay any resident's departure from the facility for longer than 30 seconds. (c) Within the 30 seconds of delay, facility staff may attempt to redirect a resident who attempts to leave the facility. (d) Any person accepted by a residential facility or family home certified by a foster family agency utilizing delayed egress devices shall meet all of the following conditions: (1) The person shall have a developmental disability as defined in Section 4512 of the Welfare and Institutions Code. (2) The person shall be receiving services and case management from a regional center under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code). (3) An interdisciplinary team, through the Individual Program Plan (IPP) process pursuant to Section 4646.5 of the Welfare and Institutions Code, shall have determined that the person lacks hazard awareness or impulse control and requires the level of supervision afforded by a facility equipped with delayed egress devices, and that but for this placement, the person would be at risk of admission to, or would have no option but to remain in, a more restrictive state hospital or state developmental center placement. (e) The facility shall be subject to all fire and building codes, regulations, and standards applicable to residential care facilities for the elderly utilizing delayed egress devices, and shall receive approval by the county or city fire department, the local fire prevention district, or the State Fire Marshal for the installed delayed egress devices. (f) The facility shall provide staff training regarding the use and operation of the egress control devices utilized by the facility, protection of residents' personal rights, lack of hazard awareness and impulse control behavior, and emergency evacuation procedures. (g) The facility shall develop a plan of operation approved by the State Department of Social Services that includes a description of how the facility is to be equipped with egress control devices that are consistent with regulations adopted by the State Fire Marshal pursuant to Section 13143. (h) The plan shall include, but shall not be limited to, all of the following: (1) A description of how the facility will provide training for staff regarding the use and operation of the egress control devices utilized by the facility. (2) A description of how the facility will ensure the protection of the residents' personal rights consistent with Sections 4502, 4503, and 4504 of the Welfare and Institutions Code. (3) A description of how the facility will manage the person's lack of hazard awareness and impulse control behavior. (4) A description of the facility's emergency evacuation procedures. (i) Delayed egress devices shall not substitute for adequate staff. Except for facilities operating in accordance with Section 1531.15, the capacity of the facility shall not exceed six residents. (j) Emergency fire and earthquake drills shall be conducted at least once every three months on each shift, and shall include all facility staff providing resident care and supervision on each shift.  SEC. 22.   Section 1531.15 of the   Health and Safety Code   is amended to read:  1531.15. (a) A licensee of an adult residential facility  , short-term residential treatment center,  or group home for no more than 15 residents, that is eligible for and serving clients eligible for federal Medicaid funding and utilizing delayed egress devices pursuant to Section 1531.1, may install and utilize secured perimeters in accordance with the provisions of this section. (b) As used in this section, "secured perimeters" means fences that meet the requirements prescribed by this section. (c) Only individuals meeting all of the following conditions may be admitted to or reside in a facility described in subdivision (a) utilizing secured perimeters: (1) The person shall have a developmental disability as defined in Section 4512 of the Welfare and Institutions Code. (2) The person shall be receiving services and case management from a regional center under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code). (3) (A) The person shall be 14 years of age or older, except as specified in subparagraph (B). (B) Notwithstanding subparagraph (A), a child who is at least 10 years of age and less than 14 years of age may be placed in a licensed group home  or   short-term residential treatment center  described in subdivision (a) using secured perimeters only if both of the following occur: (i) A comprehensive assessment is conducted and an individual program plan meeting is convened to determine the services and supports needed for the child to receive services in a less restrictive, unlocked residential setting in California, and the regional center requests assistance from the State Department of Developmental Services' statewide specialized resource service to identify options to serve the child in a less restrictive, unlocked residential setting in California. (ii) The regional center requests placement of the child in a licensed group home  or short-term residential treatment center  described in subdivision (a) using secured perimeters on the basis that the placement is necessary to prevent out-of-state placement or placement in a more restrictive, locked residential setting and the State Department of Developmental Services approves the request. (4) The person is not a foster child under the jurisdiction of the juvenile court pursuant to Section 300, 450, 601, or 602 of the Welfare and Institutions Code. (5) An interdisciplinary team, through the individual program plan (IPP) process pursuant to Section 4646.5 of the Welfare and Institutions Code, shall have determined the person lacks hazard awareness or impulse control and, for his or her safety and security, requires the level of supervision afforded by a facility equipped with secured perimeters, and, but for this placement, the person would be at risk of admission to, or would have no option but to remain in, a more restrictive placement. The individual program planning team shall determine the continued appropriateness of the placement at least annually. (d) The licensee shall be subject to all applicable fire and building codes, regulations, and standards, and shall receive approval by the county or city fire department, the local fire prevention district, or the State Fire Marshal for the installed secured perimeters. (e) The licensee shall provide staff training regarding the use and operation of the secured perimeters, protection of residents' personal rights, lack of hazard awareness and impulse control behavior, and emergency evacuation procedures. (f) The licensee shall revise its facility plan of operation. These revisions shall first be approved by the State Department of Developmental Services. The plan of operation shall not be approved by the State Department of Social Services unless the licensee provides certification that the plan was approved by the State Department of Developmental Services. The plan shall include, but not be limited to, all of the following: (1) A description of how the facility is to be equipped with secured perimeters that are consistent with regulations adopted by the State Fire Marshal pursuant to Section 13143.6. (2) A description of how the facility will provide training for staff. (3) A description of how the facility will ensure the protection of the residents' personal rights consistent with Sections 4502, 4503, and 4504 of the Welfare and Institutions Code, and any applicable personal rights provided in Title 22 of the California Code of Regulations. (4) A description of how the facility will manage residents' lack of hazard awareness and impulse control behavior. (5) A description of the facility's emergency evacuation procedures. (g) Secured perimeters shall not substitute for adequate staff. (h) Emergency fire and earthquake drills shall be conducted on each shift in accordance with existing licensing requirements, and shall include all facility staff providing resident care and supervision on each shift. (i) Interior and exterior space shall be available on the facility premises to permit clients to move freely and safely. (j) For the purpose of using secured perimeters, the licensee shall not be required to obtain a waiver or exception to a regulation that would otherwise prohibit the locking of a perimeter fence or gate. (k) This section shall become operative only upon the publication in Title 17 of the California Code of Regulations of emergency regulations filed by the State Department of Developmental Services. These regulations shall be developed with stakeholders, including the State Department of Social Services, consumer advocates, and regional centers. The regulations shall establish program standards for homes that include secured perimeters, including requirements and timelines for the completion and updating of a comprehensive assessment of each consumer's needs, including the identification through the individual program plan process of the services and supports needed to transition the consumer to a less restrictive living arrangement, and a timeline for identifying or developing those services and supports. The regulations shall establish a statewide limit on the total number of beds in homes with secured perimeters. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare.  SEC. 23.   Section 1534 of the   Health and Safety Code   is amended to read:  1534. (a) (1) (A) Except for foster family homes, every licensed community care facility shall be subject to unannounced inspections by the department. (B) Foster family homes shall be subject to announced inspections by the department, except that a foster family home shall be subject to unannounced inspections in response to a complaint, a plan of correction, or under any of the circumstances set forth in subparagraph (B) of paragraph (2). (2) (A) The department may inspect these facilities as often as necessary to ensure the quality of care provided. (B) The department shall conduct an annual unannounced inspection of a facility under any of the following circumstances: (i) When a license is on probation. (ii) When the terms of agreement in a facility compliance plan require an annual inspection. (iii) When an accusation against a licensee is pending. (iv) When a facility requires an annual inspection as a condition of receiving federal financial participation. (v) In order to verify that a person who has been ordered out of a facility by the department is no longer at the facility. (C) (i) The department shall conduct annual unannounced inspections of no less than 20 percent of facilities, except for foster family homes, not subject to an inspection under subparagraph (B). (ii) The department shall conduct annual announced inspections of no less than 20 percent of foster family homes not subject to an inspection under subparagraph (B). (iii) These inspections shall be conducted based on a random sampling methodology developed by the department. (iv) If the total citations issued by the department to facilities exceed the previous year's total by 10 percent, the following year the department shall increase the random sample by an additional 10 percent of the facilities not subject to an inspection under subparagraph (B). The department may request additional resources to increase the random sample by 10 percent. (v) The department shall not inspect a licensed community care facility less often than once every five years. (3) In order to facilitate direct contact with group home  or short-term residential treatment center  clients, the department may interview children who are clients of group homes  or short-term residential treatment centers  at any public agency or private agency at which the client may be found, including, but not limited to, a juvenile hall, recreation or vocational program, or a public or nonpublic school. The department shall respect the rights of the child while conducting the interview, including informing the child that he or she has the right not to be interviewed and the right to have another adult present during the interview. (4) The department shall notify the community care facility in writing of all deficiencies in its compliance with the provisions of this chapter and the rules and regulations adopted pursuant to this chapter, and shall set a reasonable length of time for compliance by the facility. (5) Reports on the results of each inspection, evaluation, or consultation shall be kept on file in the department, and all inspection reports, consultation reports, lists of deficiencies, and plans of correction shall be open to public inspection. (b) (1) This section does not limit the authority of the department to inspect or evaluate a licensed foster family agency, a certified family home, or any aspect of a program in which a licensed community care facility is certifying compliance with licensing requirements. (2) (A) A foster family agency shall conduct an announced inspection of a certified family home during the annual recertification described in Section 1506 in order to ensure that the certified family home meets all applicable licensing standards. A foster family agency may inspect a certified family home as often as necessary to ensure the quality of care provided. (B) In addition to the inspections required pursuant to subparagraph (A), a foster family agency shall conduct an unannounced inspection of a certified family home under any of the following circumstances: (i) When a certified family home is on probation. (ii) When the terms of the agreement in a facility compliance plan require an annual inspection. (iii) When an accusation against a certified family home is pending. (iv) When a certified family home requires an annual inspection as a condition of receiving federal financial participation. (v) In order to verify that a person who has been ordered out of a certified family home by the department is no longer at the home. (3) Upon a finding of noncompliance by the department, the department may require a foster family agency to deny or revoke the certificate of approval of a certified family home, or take other action the department may deem necessary for the protection of a child placed with the certified family home. The certified parent or prospective foster parent shall be afforded the due process provided pursuant to this chapter. (4) If the department requires a foster family agency to deny or revoke the certificate of approval, the department shall serve an order of denial or revocation upon the certified or prospective foster parent and foster family agency that shall notify the certified or prospective foster parent of the basis of the department' s action and of the certified or prospective foster parent's right to a hearing. (5) Within 15 days after the department serves an order of denial or revocation, the certified or prospective foster parent may file a written appeal of the department's decision with the department. The department's action shall be final if the certified or prospective foster parent does not file a written appeal within 15 days after the department serves the denial or revocation order. (6) The department's order of the denial or revocation of the certificate of approval shall remain in effect until the hearing is completed and the director has made a final determination on the merits. (7) A certified or prospective foster parent who files a written appeal of the department's order with the department pursuant to this section shall, as part of the written request, provide his or her current mailing address. The certified or prospective foster parent shall subsequently notify the department in writing of any change in mailing address, until the hearing process has been completed or terminated. (8) Hearings held pursuant to this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. In all proceedings conducted in accordance with this section the standard of proof shall be by a preponderance of the evidence. (9) The department may institute or continue a disciplinary proceeding against a certified or prospective foster parent upon any ground provided by this section or Section 1550, enter an order denying or revoking the certificate of approval, or otherwise take disciplinary action against the certified or prospective foster parent, notwithstanding any resignation, withdrawal of application, surrender of the certificate of approval, or denial or revocation of the certificate of approval by the foster family agency. (10) A foster family agency's failure to comply with the department's order to deny or revoke the certificate of approval by placing or retaining children in care shall be grounds for disciplining the licensee pursuant to Section 1550.  SEC. 24.   Section 1536 of the   Health and Safety Code   is amended to read:  1536. (a) (1) At least annually, the  director   department  shall publish and make available to interested persons a list or lists covering all licensed community care facilities, other than foster family homes and certified family homes of foster family agencies providing 24-hour care for six or fewer foster children, and the services for which each facility has been licensed or issued a special permit. (2) For a group home, transitional housing placement provider, community treatment facility,  or  runaway and homeless youth shelter,  or short-term residential treatment center,  the list shall include both of the following: (A) The number of licensing complaints, types of complaint, and outcomes of complaints, including citations, fines, exclusion orders, license suspensions, revocations, and surrenders. (B) The number, types, and outcomes of law enforcement contacts made by the facility staff or children, as reported pursuant to subdivision (a) of Section 1538.7. (b) Subject to subdivision (c), to encourage the recruitment of foster family homes and certified family homes of foster family agencies, protect their personal privacy, and to preserve the security and confidentiality of the placements in the homes, the names, addresses, and other identifying information of facilities licensed as foster family homes and certified family homes of foster family agencies providing 24-hour care for six or fewer children shall be considered personal information for purposes of the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). This information shall not be disclosed by any state or local agency pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), except as necessary for administering the licensing program, facilitating the placement of children in these facilities, and providing names and addresses only to bona fide professional foster parent organizations upon request. (c) Notwithstanding subdivision (b), the department, a county, or a foster family agency may request information from, or divulge information to, the department, a county, or a foster family agency, regarding a prospective certified parent, foster parent, or relative caregiver for the purpose of, and as necessary to, conduct a reference check to determine whether it is safe and appropriate to license, certify, or approve an applicant to be a certified parent, foster parent, or relative caregiver. (d) The department may issue a citation and, after the issuance of that citation, may assess a civil penalty of fifty dollars ($50) per day for each instance of a foster family agency's failure to provide the department with the information required by subdivision (h) of Section 88061 of Title 22 of the California Code of Regulations. (e) The Legislature encourages the department, when funds are available for this purpose, to develop a database that would include all of the following information: (1) Monthly reports by a foster family agency regarding family homes. (2) A log of family homes certified and decertified, provided by a foster family agency to the department. (3) Notification by a foster family agency to the department informing the department of a foster family agency's determination to decertify a certified family home due to any of the following actions by the certified family parent: (A) Violating licensing rules and regulations. (B) Aiding, abetting, or permitting the violation of licensing rules and regulations. (C) Conducting oneself in a way that is inimical to the health, morals, welfare, or safety of a child placed in that certified family home. (D) Being convicted of a crime while a certified family parent. (E) Knowingly allowing any child to have illegal drugs or alcohol. (F) Committing an act of child abuse or neglect or an act of violence against another person.  SEC. 25.   Section 1538.3 of the   Health and Safety Code   is amended to read:  1538.3. A county may develop a cooperative agreement with the department to access disclosable, public record information from an automated system, other than the system described in Section 1538.2, concerning substantiated complaints for all group home  facilities   or short-term residential treatment centers  , as defined by regulations of the department, located within that county. Access to the database may be accomplished through a secure online transaction protocol.  SEC. 26.   Section 1538.5 of the   Health and Safety Code   is amended to read:  1538.5. (a) (1) Not less than 30 days prior to the anniversary of the effective date of a residential community care facility license, except licensed foster family homes, the department may transmit a copy to the board members of the licensed facility, parents, legal guardians, conservators, clients' rights advocates, or placement agencies, as designated in each resident's placement agreement, of all inspection reports given to the facility by the department during the past year as a result of a substantiated complaint regarding a violation of this chapter relating to resident abuse and neglect, food, sanitation, incidental medical care, and residential supervision. During that one-year period the copy of the notices transmitted and the proof of the transmittal shall be open for public inspection. (2) The department may transmit copies of the inspection reports referred to in paragraph (1) concerning  a  group  homes   home or short-term residential treatment center  , as defined by regulations of the department, to the county in which  a   the  group home  facility   or short-term residential treatment   center  is located, if requested by that county. (3) A group home  facility   or short-term residential treatment center  shall maintain, at the facility, a copy of all licensing reports for the past three years that would be accessible to the public through the department, for inspection by placement officials, current and prospective facility clients, and these clients' family members who visit the facility. (b) The facility operator, at the expense of the facility, shall transmit a copy of all substantiated complaints, by certified mail, to those persons described pursuant to paragraph (1) of subdivision (a) in the following cases: (1) In the case of a substantiated complaint relating to resident physical or sexual abuse, the facility shall have three days from the date the facility receives the licensing report from the department to comply. (2) In the case in which a facility has received three or more substantiated complaints relating to the same violation during the past 12 months, the facility shall have five days from the date the facility receives the licensing report to comply. (c) A residential facility shall retain a copy of the notices transmitted pursuant to subdivision (b) and proof of their transmittal by certified mail for a period of one year after their transmittal. (d) If a residential facility to which this section applies fails to comply with this section, as determined by the department, the department shall initiate civil penalty action against the facility in accordance with this article and the related rules and regulations. (e) Not less than 30 days prior to the anniversary of the effective date of the license of any group home  facility   or short-term residential treatment center  , as defined by regulations of the department, at the request of the county in which the group home  facility   or short-term residential treatment center  is located, a group home  facility  or short-term residential treatment center  shall transmit to the county a copy of all incident reports prepared by the group home  facility   or short-term residential treatment center  and transmitted to a placement agency, as described in subdivision (f) of Section 1536.1, in a county other than the county in which the group home  facility   or short-term   residential treatment center  is located that involved a response by local law enforcement or emergency services personnel, including runaway incidents. The county shall designate an official for the receipt of the incident reports and shall notify the group home  or short-term residential treatment center  of the designation. Prior to transmitting copies of incident reports to the county, the group home  facility   or short-term residential treatment center  shall redact the name of any child referenced in the incident reports, and other identifying information regarding any child referenced in the reports. The county may review the incident reports to ensure that the group home  facilities have   or short-term residential treatment center has  taken appropriate action to ensure the health and safety of the residents of the facility. (f) The department shall notify the residential community care facility of its obligation when it is required to comply with this section.  SEC. 27.   Section 1538.6 of the   Health and Safety Code   is amended to read:  1538.6. (a) When the department periodically reviews the record of substantiated complaints against each group home  facility   or short-term residential treatment center  , pursuant to its oversight role as prescribed by Section 1534, to determine whether the nature, number, and severity of incidents upon which complaints were based constitute a basis for concern as to whether the provider is capable of effectively and efficiently operating the program, and if the department determines that there is cause for concern, it may contact the county in which a group home  facility   or short-term residential treatment center  is located and placement agencies in other counties using the group home  facility   or short-term residential treatment   center  , and request their recommendations as to what action, if any, the department should take with regard to the provider's status as a licensed group home  or short-term residential treatment center  provider. (b) It is the intent of the Legislature that the department make every effort to communicate with the county in which a group home  facility   or short-term residential treatment center  is located when the department has concerns about group  home facilities   homes or short-term residential treatment centers  within that county.  SEC. 28.   Section 1538.7 of the   Health and Safety Code   is amended to read:  1538.7. (a) A group home, transitional housing placement provider, community treatment facility,  or  runaway and homeless youth shelter  , or short-term residential treatment center  shall report to the department's Community Care Licensing Division upon the occurrence of any incident concerning a child in the facility involving contact with law enforcement. At least every six months, the facility shall provide a followup report for each incident, including the type of incident, whether the incident involved an alleged violation of any crime described in Section 602 of the Welfare and Institutions Code by a child residing in the facility; whether staff, children, or both were involved; the gender, race, ethnicity, and age of children involved; and the outcomes, including arrests, removals of children from placement, or termination or suspension of staff. (b) (1) If the department determines that, based on the licensed capacity, a facility has reported, pursuant to subdivision (a), a greater than average number of law enforcement contacts involving an alleged violation of any crime described in Section 602 of the Welfare and Institutions Code by a child residing in the facility, the department shall inspect the facility at least once a year. (2) An inspection conducted pursuant to paragraph (1) does not constitute an unannounced inspection required pursuant to Section 1534. (c) If an inspection is required pursuant to subdivision (b), the Community Care Licensing Division shall provide the report to the department's Children and Family Services Division and to any other public agency that has certified the facility's program or any component of the facility's program including, but not limited to, the State Department of Health Care Services, which certifies group homes  or short-term residential treatment centers  pursuant to Section 4096.5 of the Welfare and Institutions Code.  SEC. 29.   Section 1548 of the   Health and Safety Code   , as added by Section 2 of Chapter 813 of the Statutes of 2014, is amended to read:  1548. (a) In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department may levy a civil penalty. (b) The amount of the civil penalty shall not be less than twenty-five dollars ($25) or more than fifty dollars ($50) per day for each violation of this chapter except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment, or both, as determined by the department. In no event, shall a civil penalty assessment exceed one hundred fifty dollars ($150) per day per violation. (c) Notwithstanding Section 1534, the department shall assess an immediate civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations: (1) (A) Fire clearance violations, including, but not limited to, overcapacity, ambulatory status, inoperable smoke alarms, and inoperable fire alarm systems. The civil penalty shall not be assessed if the licensee has done either of the following: (i) Requested the appropriate fire clearance based on ambulatory, nonambulatory, or bedridden status, and the decision is pending. (ii) Initiated eviction proceedings. (B) A licensee denied a clearance for bedridden residents may appeal to the fire authority, and, if that appeal is denied, may subsequently appeal to the Office of the State Fire Marshal, and shall not be assessed an immediate civil penalty until the final appeal is decided, or after 60 days has passed from the date of the citation, whichever is earlier. (2) Absence of supervision, as required by statute or regulation. (3) Accessible bodies of water when prohibited in this chapter or regulations adopted pursuant to this chapter. (4) Accessible firearms, ammunition, or both. (5) Refused entry to a facility or any part of a facility in violation of Section 1533, 1534, or 1538. (6) The presence of an excluded person on the premises. (d) (1) For a violation that the department determines resulted in the death of a resident at an adult residential facility, social rehabilitation facility, enhanced behavioral supports home, or community crisis home, the civil penalty shall be fifteen thousand dollars ($15,000). (2) For a violation that the department determines resulted in the death of a person receiving care at an adult day program, the civil penalty shall be assessed as follows: (A) Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensee's facilities, to care for 50 or less persons. (B) Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensee's facilities, to care for more than 50 persons. (3) For a violation that the department determines resulted in the death of a person receiving care at a therapeutic day services facility, foster family agency, community treatment facility, full-service adoption agency, noncustodial adoption agency, transitional shelter care facility, transitional housing placement provider,  or  group home  , or short-term residential treatment center  , the civil penalty shall be assessed as follows: (A) Seven thousand five hundred dollars ($7,500) for a licensee licensed, among all of the licensee's facilities, to care for 40 or less children. (B) Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensee's facilities, to care for 41 to 100, inclusive, children. (C) Fifteen thousand dollars ($15,000) for a licensee licensed, among all of the licensee's facilities, to care for more than 100 children. (4) For a violation that the department determines resulted in the death of a resident at a runaway and homeless youth shelter, the civil penalty shall be five thousand dollars ($5,000). (e) (1) (A) For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident at an adult residential facility, social rehabilitation facility, enhanced behavioral supports home, or community crisis home, the civil penalty shall be ten thousand dollars ($10,000). (B) For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a person receiving care at an adult day program, the civil penalty shall be assessed as follows: (i) Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensee's facilities, to care for 50 or less persons. (ii) Five thousand dollars ($5,000) for a licensee licensed, among all of the licensee's facilities, to care for more than 50 persons. (C) For a violation that the department determines constitutes physical abuse, as defined in paragraph (2), or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a person receiving care at a therapeutic day services facility, foster family agency, community treatment facility, full-service adoption agency, noncustodial adoption agency, transitional shelter care facility, transitional housing placement provider,  or  group home  , or short-term residential treatment center  , the civil penalty shall be assessed as follows: (i) Two thousand five hundred dollars ($2,500) for a licensee licensed, among all of the licensee's facilities, to care for 40 or less children. (ii) Five thousand dollars ($5,000) for a licensee licensed, among all of the licensee's facilities, to care for 41 to 100, inclusive, children. (iii) Ten thousand dollars ($10,000) for a licensee licensed, among all of the licensee's facilities, to care for more than 100 children. (D) For a violation that the department determines constitutes physical abuse, as defined in paragraph (2), or resulted in serious bodily injury, as defined in Section 243 of the Penal Code, to a resident at a runaway and homeless youth shelter, the civil penalty shall be one thousand dollars ($1,000). (2) For purposes of subparagraphs (C) and (D), "physical abuse" includes physical injury inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165.1 of the Penal Code, neglect as defined in Section 11165.2 of the Penal Code, or unlawful corporal punishment or injury as defined in Section 11165.4 of the Penal Code when the person responsible for the child's welfare is a licensee, administrator, or employee of any facility licensed to care for children. (f) Prior to the issuance of a citation imposing a civil penalty pursuant to subdivision (d) or (e), the decision shall be approved by the director. (g) Notwithstanding Section 1534, any facility that is cited for repeating the same violation of this chapter within 12 months of the first violation is subject to an immediate civil penalty of one hundred fifty dollars ($150) and fifty dollars ($50) for each day the violation continues until the deficiency is corrected. (h) Any facility that is assessed a civil penalty pursuant to subdivision (g) that repeats the same violation of this chapter within 12 months of the violation subject to subdivision (g) is subject to an immediate civil penalty of one hundred fifty dollars ($150) for each day the violation continues until the deficiency is corrected. (i) (1) The department shall adopt regulations setting forth the appeal procedures for deficiencies. (2) A licensee shall have the right to submit to the department a written request for a formal review of a civil penalty assessed pursuant to subdivisions (d) and (e) within 10 days of receipt of the notice of a civil penalty assessment and shall provide all supporting documentation at that time. The review shall be conducted by a regional manager of the Community Care Licensing Division. If the regional manager determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the regional manager's decision within 60 days of the request to review the assessment of the civil penalty. (3) The licensee may further appeal to the program administrator of the Community Care Licensing Division within 10 days of receipt of the notice of the regional manager's decision and shall provide all supporting documentation at that time. If the program administrator determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the program administrator's decision within 60 days of the request to review the regional manager's decision. (4) The licensee may further appeal to the deputy director of the Community Care Licensing Division within 10 days of receipt of the notice of the program director's decision and shall provide all supporting documentation at that time. If the deputy director determines that the civil penalty was not assessed in accordance with applicable statutes or regulations of the department, he or she may amend or dismiss the civil penalty. The licensee shall be notified in writing of the deputy director's decision within 60 days of the request to review the program administrator's decision. (5) Upon exhausting the deputy director review, a licensee may appeal a civil penalty assessed pursuant to subdivision (d) or (e) to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In all proceedings conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence. (6) If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the facility license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process. (j) The department shall adopt regulations implementing this section. (k) The department shall, by January 1, 2016, amend its regulations to reflect the changes to this section made by the act that added this subdivision. (l) As provided in Section 11466.31 of the Welfare and Institutions Code, the department may offset civil penalties owed by a group home  or short-term residential treatment center against moneys to be paid by a county for the care of minors after the group home  or short-term residential treatment center  has exhausted its appeal of the civil penalty assessment. The department shall provide the group home  or short-term residential treatment center  a reasonable opportunity to pay the civil penalty before instituting the offset provision. (m) This section shall become operative on July 1, 2015.  SEC. 30.   Section 1562 of the  Health and Safety Code   is amended to read:  1562. (a) The  director   department  shall ensure that operators and staffs of community care facilities have appropriate training to provide the care and services for which a license or certificate is issued. The section shall not apply to a facility licensed as an Adult Residential Facility for Persons with Special Health Care Needs pursuant to Article 9 (commencing with Section 1567.50). (b) It is the intent of the Legislature that children in foster care reside in the least restrictive, family-based settings that can meet their needs, and that group homes  and short-term residential treatment centers  will be used only for short-term, specialized, and intensive treatment purposes that are consistent with a case plan that is determined by a child's best interests. Accordingly, the Legislature encourages the department to adopt policies, practices, and guidance that ensure that the education, qualification, and training requirements for child care staff in group homes  and short-term residential treatment centers  are consistent with the intended role of group homes  and short-term residential treatment centers  to provide short-term, specialized, and intensive treatment, with a particular focus on crisis intervention, behavioral stabilization, and other treatment-related goals, as well as the connections between those efforts and work toward permanency for children. (c) (1)  On and after October 1, 2014, each   Each  person employed as a facility manager or staff member of a group home  or short-term residential treatment center  , as defined in  paragraph   paragraphs  (13)  and (18)  of subdivision (a) of Section 1502, who provides direct care and supervision to children and youth residing in the group home  or short-term residential treatment center  shall be at least 21 years of age. (2) Paragraph (1) shall not apply to a facility manager or staff member employed at the group home before October 1, 2014. (3) For purposes of this subdivision, "group home" does not include a runaway and homeless youth shelter.  SEC. 31.   Section 1562.01 is added to the   Health and Safety Code   , to read:   1562.01. (a) (1) Commencing January 1, 2017, the department shall license short-term residential treatment centers, as defined in paragraph (18) of subdivision (a) of Section 1502, pursuant to this chapter. The department may license a facility as a short-term residential treatment center prior to January 1, 2017. A short-term residential treatment center shall comply with all requirements of this chapter that are applicable to group homes and to the requirements of this section. (2) (A) A short-term residential treatment center shall prepare and maintain a current, written plan of operation as required by the department. (B) The plan of operation shall include, but not be limited to, all of the following: (i) Description of the short-term residential treatment 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 in paragraph (1) of subdivision (b) of Section 11462 of the Welfare and Institutions Code, to be offered to children and their families, as appropriate or necessary. (iii) Any other information that may be prescribed by the department for the proper administration of this section. (b) In addition to the rules and regulations adopted pursuant to this chapter, a county licensed to operate a short-term residential treatment center shall describe, in the plan of operation, its conflict of interest mitigation plan, as set forth in subdivision (g) of Section 11462.02 of the Welfare and Institutions Code. (c) (1) The department shall establish requirements for the education, qualification, and training of facility managers and child care staff in short-term residential treatment centers consistent with the intended role of these facilities to provide short-term, specialized, and intensive treatment. (2) Requirements shall include, but not be limited to, all of the following: (A) Staff classifications. (B) Specification of the date by which employees shall be required to meet the education, qualification, and training requirements. (C) Any other requirements that may be prescribed by the department for the proper administration of this section. (d) Notwithstanding any other section of this chapter, the department shall establish requirements for licensed group homes that are transitioning to short-term residential treatment centers, which may include, but not be limited to, requirements related to application and plan of operation. (e) The department shall have the authority to inspect a short-term residential treatment center pursuant to subdivision (c) of Section 11462 of the Welfare and Institutions Code.   SEC. 32.   Section 1562.35 of the   Health and Safety Code   is amended to read:  1562.35. Notwithstanding any  provision of  law to the contrary, including, but not limited to Section 1562.3, vendors approved by the department who exclusively provide either initial or continuing education courses for certification of administrators of an adult residential facility as defined by  regulations of  the department, a group home facility as defined by  regulations of  the department,  a short-term residential treatment center as defined by the department,  or a residential care facility for the elderly as defined in subdivision (k) of Section 1569.2, shall be regulated solely by the department pursuant to this chapter. No other state or local governmental entity shall be responsible for regulating the activity of those vendors.  SEC. 33.   Section 1563 of the   Health and Safety Code   is amended to read:  1563. (a) The  director   department  shall ensure that licensing personnel at the department have appropriate training to properly carry out this chapter. (b) The  director   department  shall institute a staff development and training program to develop among departmental staff the knowledge and understanding necessary to successfully carry out this chapter. Specifically, the program shall do all of the following: (1) Provide staff with 36 hours of training per year that reflects the needs of persons served by community care facilities. This training shall, where appropriate, include specialized instruction in the needs of foster children, persons with mental disorders, or developmental or physical disabilities, or other groups served by specialized community care facilities. (2) Give priority to applications for employment from persons with experience as care providers to persons served by community care facilities. (3) Provide new staff with comprehensive training within the first six months of employment. This comprehensive training shall, at a minimum, include the following core areas: administrative action process, client populations, conducting facility visits, cultural awareness, documentation skills, facility operations, human relation skills, interviewing techniques, investigation processes, and regulation administration. (c) In addition to the requirements in subdivision (b), group home  ,   short-term residential treatment center,  and foster family agency licensing personnel shall receive a minimum of 24 hours of training per year to increase their understanding of children in group homes,  short-term residential treatment centers,  certified homes, and foster family homes. The training shall cover, but not be limited to, all of the following topics: (1) The types and characteristics of emotionally troubled children. (2) The high-risk behaviors they exhibit. (3) The biological, psychological, interpersonal, and social contributors to these behaviors. (4) The range of management and treatment interventions utilized for these children, including, but not limited to, nonviolent, emergency intervention techniques. (5) The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.  SEC. 34.   Section 1567.4 of the   Health and Safety Code   is amended to read:  1567.4. The State Department of Social Services shall provide, at cost, quarterly to each county and to each city, upon the request of the county or city, and to the chief probation officer of each county and city and county, a roster of all community care facilities licensed as small family homes  , short-term residential treatment centers,  or group homes located in the county, which provide services to wards of the juvenile court, including information as to whether each facility is licensed by the state or the county, the type of facility, and the licensed bed capacity of each such facility. Information concerning the facility shall be limited to that available through the computer system of the State Department of Social Services.  SEC. 35.   Section 11105.2 of the   Penal Code   is amended to read:  11105.2. (a) The Department of Justice may provide subsequent state or federal arrest or disposition notification to any entity authorized by state or federal law to receive state or federal summary criminal history information to assist in fulfilling employment, licensing, certification duties, or the duties of approving relative caregivers  and   ,  nonrelative extended family members,  and resource families  upon the arrest or disposition of any person whose fingerprints are maintained on file at the Department of Justice or the Federal Bureau of Investigation as the result of an application for licensing, employment, certification, or approval. Nothing in this section shall authorize the notification of a subsequent disposition pertaining to a disposition that does not result in a conviction, unless the department has previously received notification of the arrest and has previously lawfully notified a receiving entity of the pending status of that arrest. When the department supplies subsequent arrest or disposition notification to a receiving entity, the entity shall, at the same time, expeditiously furnish a copy of the information to the person to whom it relates if the information is a basis for an adverse employment, licensing, or certification decision. When furnished other than in person, the copy shall be delivered to the last contact information provided by the applicant. (b) For purposes of this section, "approval" means those duties described in subdivision (d) of Section 309 of the Welfare and Institutions Code for approving the home of a relative caregiver or of a nonrelative extended family member for placement of a child supervised by the juvenile court , and those duties in Section 16519.5 of the Welfare and Institutions Code for resource families  . (c) Any entity, other than a law enforcement agency employing peace officers as defined in Section 830.1, subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section 830.3, subdivisions (a) and (b) of Section 830.5, and subdivision (a) of Section 830.31, shall enter into a contract with the Department of Justice in order to receive notification of subsequent state or federal arrests or dispositions for licensing, employment, or certification purposes. (d) Any entity  which   that  submits the fingerprints of applicants for licensing, employment, certification, or approval to the Department of Justice for the purpose of establishing a record of the applicant to receive notification of subsequent state or federal arrests or dispositions shall immediately notify the department when the employment of the applicant is terminated, when the applicant's license or certificate is revoked, when the applicant may no longer renew or reinstate the license or certificate, or when a relative caregiver's or nonrelative extended family member's approval is terminated. The Department of Justice shall terminate state or federal subsequent notification on any applicant upon the request of the licensing, employment, certifying, or approving authority. (e) Any entity  receiving   that receives  a notification of a state or federal subsequent arrest or disposition for a person unknown to the entity, or for a person no longer employed by the entity, or no longer eligible to renew the certificate or license for which subsequent notification service was established shall immediately return the subsequent notification to the Department of Justice, informing the department that the entity is no longer interested in the applicant. The entity shall not record or otherwise retain any information received as a result of the subsequent notice. (f) Any entity that submits the fingerprints of an applicant for employment, licensing, certification, or approval to the Department of Justice for the purpose of establishing a record at the department or the Federal Bureau of Investigation to receive notification of subsequent arrest or disposition shall immediately notify the department if the applicant is not subsequently employed, or if the applicant is denied licensing certification, or approval. (g) An entity that fails to provide the Department of Justice with notification as set forth in subdivisions (c), (d), and (e) may be denied further subsequent notification service. (h) Notwithstanding subdivisions (c), (d), and (f), subsequent notification by the Department of Justice and retention by the employing agency shall continue as to retired peace officers listed in subdivision (c) of Section 830.5.  SEC. 36.  Section 11105.3 of the   Penal Code   is amended to read:  11105.3. (a) Notwithstanding any other law, a human resource agency or an employer may request from the Department of Justice records of all convictions or any arrest pending adjudication involving the offenses specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code of a person who applies for a license, employment, or volunteer position, in which he or she would have supervisory or disciplinary power over a minor or any person under his or her care. The department shall furnish the information to the requesting employer and shall also send a copy of the information to the applicant. (b) Any request for records under subdivision (a) shall include the applicant's fingerprints, which may be taken by the requester, and any other data specified by the department. The request shall be on a form approved by the department, and the department may charge a fee to be paid by the employer, human resource agency, or applicant for the actual cost of processing the request. However, no fee shall be charged to a nonprofit organization. Requests received by the department for federal level criminal offender record information shall be forwarded to the Federal Bureau of Investigation by the department to be searched for any record of arrests or convictions. (c) (1)  Where   When  a request pursuant to this section reveals that a prospective employee or volunteer has been convicted of a violation or attempted violation of Section 220, 261.5, 262, 273a, 273d, or 273.5, or any sex offense listed in Section 290, except for the offense specified in subdivision (d) of Section 243.4, and where the agency or employer hires the prospective employee or volunteer, the agency or employer shall notify the parents or guardians of any minor who will be supervised or disciplined by the employee or volunteer. A conviction for a violation or attempted violation of an offense committed outside the State of California shall be included in this notice if the offense would have been a crime specified in this subdivision if committed in California. The notice shall be given to the parents or guardians with whom the child resides, and shall be given at least 10 days prior to the day that the employee or volunteer begins his or her duties or tasks. Notwithstanding any other  provision of  law, any person who conveys or receives information in good faith and in conformity with this section is exempt from prosecution under Section 11142 or 11143 for that conveying or receiving of information. Notwithstanding subdivision (d), the notification requirements of this subdivision shall apply as an additional requirement of any other provision of law requiring criminal record access or dissemination of criminal history information. (2) The notification requirement pursuant to paragraph (1) shall not apply to a misdemeanor conviction for violating Section 261.5 or to a conviction for violating Section 262 or 273.5. Nothing in this paragraph shall preclude an employer from requesting records of convictions for violating Section 261.5, 262, or 273.5 from the Department of Justice pursuant to this section. (d) Nothing in this section supersedes any law requiring criminal record access or dissemination of criminal history information. In any conflict with another statute, dissemination of criminal history information shall be pursuant to the mandatory statute. This subdivision applies to, but is not limited to, requirements pursuant to Article 1 (commencing with Section 1500) of Chapter 3 of, and Chapter 3.2 (commencing with Section 1569) and Chapter 3.4 (commencing with Section 1596.70) of, Division 2 of, and Section 1522 of, the Health and Safety Code, and Sections 8712, 8811, and 8908 of the Family Code  , and Section 16519.5 of the Welfare and Institutions Code  . (e) The department may adopt regulations to implement the provisions of this section as necessary. (f) As used in this section, "employer" means any nonprofit corporation or other organization specified by the Attorney General which employs or uses the services of volunteers in positions in which the volunteer or employee has supervisory or disciplinary power over a child or children. (g) As used in this section, "human resource agency" means a public or private entity, excluding any agency responsible for licensing of facilities pursuant to the California Community Care Facilities Act (Chapter 3 (commencing with Section 1500)), the California Residential Care Facilities for the Elderly Act (Chapter 3.2 (commencing with Section 1569)), Chapter 3.01 (commencing with Section 1568.01), and the California Child Day Care Facilities Act (Chapter 3.4 (commencing with Section 1596.70)) of Division 2 of the Health and Safety Code, responsible for determining the character and fitness of a person who is: (1) Applying for a license, employment, or as a volunteer within the human services field that involves the care and security of children, the elderly, the handicapped, or the mentally impaired. (2) Applying to be a volunteer who transports individuals impaired by drugs or alcohol. (3) Applying to adopt a child or to be a foster parent. (h) Except as provided in subdivision (c), any criminal history information obtained pursuant to this section is confidential and no recipient shall disclose its contents other than for the purpose for which it was acquired. (i) As used in this subdivision, "community youth athletic program" means an employer having as its primary purpose the promotion or provision of athletic activities for youth under 18 years of age. (j) A community youth athletic program, as defined in subdivision (i), may request state and federal level criminal history information pursuant to subdivision (a) for a volunteer coach or hired coach candidate. The director of the community youth athletic program shall be the custodian of records. (k) The community youth athletic program may request from the Department of Justice subsequent arrest notification service, as provided in Section 11105.2, for a volunteer coach or a hired coach candidate. (l) Compliance with this section does not remove or limit the liability of a mandated reporter pursuant to Section 11166.  SEC. 37.   Section 361.2 of the  Welfare and Institutions Code   is amended to read:  361.2. (a) When a court orders removal of a child pursuant to Section 361, the court shall first determine whether there is a parent of the child, with whom the child was not residing at the time that the events or conditions arose that brought the child within the provisions of Section 300, who desires to assume custody of the child. If that parent requests custody, the court shall place the child with the parent unless it finds that placement with that parent would be detrimental to the safety, protection, or physical or emotional well-being of the child. The fact that the parent is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with his or her parent shall not be, for that reason alone, prima facie evidence that placement with that parent would be detrimental. (b) If the court places the child with that parent it may do any of the following: (1) Order that the parent become legal and physical custodian of the child. The court may also provide reasonable visitation by the noncustodial parent. The court shall then terminate its jurisdiction over the child. The custody order shall continue unless modified by a subsequent order of the superior court. The order of the juvenile court shall be filed in any domestic relation proceeding between the parents. (2) Order that the parent assume custody subject to the jurisdiction of the juvenile court and require that a home visit be conducted within three months. In determining whether to take the action described in this paragraph, the court shall consider any concerns that have been raised by the child's current caregiver regarding the parent. After the social worker conducts the home visit and files his or her report with the court, the court may then take the action described in paragraph (1), (3), or this paragraph. However, nothing in this paragraph shall be interpreted to imply that the court is required to take the action described in this paragraph as a prerequisite to the court taking the action described in either paragraph (1) or (3). (3) Order that the parent assume custody subject to the supervision of the juvenile court. In that case the court may order that reunification services be provided to the parent or guardian from whom the child is being removed, or the court may order that services be provided solely to the parent who is assuming physical custody in order to allow that parent to retain later custody without court supervision, or that services be provided to both parents, in which case the court shall determine, at review hearings held pursuant to Section 366, which parent, if either, shall have custody of the child. (c) The court shall make a finding either in writing or on the record of the basis for its determination under subdivisions (a) and (b). (d) Part 6 (commencing with Section 7950) of Division 12 of the Family Code shall apply to the placement of a child pursuant to paragraphs (1) and (2) of subdivision (e). (e) When the court orders removal pursuant to Section 361, the court shall order the care, custody, control, and conduct of the child to be under the supervision of the social worker who may place the child in any of the following: (1) The home of a noncustodial parent as described in subdivision (a), regardless of the parent's immigration status. (2) The approved home of a relative, regardless of the relative's immigration status. (3) The approved home of a nonrelative extended family member as defined in Section 362.7. (4) The approved home of a resource family as defined in Section 16519.5. (5) A foster home in which the child has been placed before an interruption in foster care, if that placement is in the best interest of the child and space is available. (6) A suitable licensed community care facility, except a runaway and homeless youth shelter licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code. (7) With a foster family agency to be placed in a suitable licensed foster family home or certified family home  which   that  has been certified by the agency as meeting licensing standards. (8) A home or facility in accordance with the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.). (9) A child under six years of age  may   shall not  be placed in a community care facility licensed as a group home for children,  a short-term   residential treatment center as defined in subdivision (ad) of Section 11400,  or a temporary shelter care facility as defined in Section 1530.8 of the Health and Safety Code,  only   except  under any of the following circumstances: (A) (i) When a case plan indicates that placement is for purposes of providing short term, specialized, and intensive treatment to the child, the case plan specifies the need for, nature of, and anticipated duration of this treatment, pursuant to paragraph (2) of subdivision (c) of Section 16501.1,  the case plan includes transitioning the child to a less restrictive environment and the projected timeline by which the child will be transitioned to a less restrictive environment, and  the facility meets the applicable regulations adopted under Section 1530.8 of the Health and Safety Code and standards developed pursuant to Section 11467.1 of this code, and the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department has approved the case plan. (ii) The short term, specialized, and intensive treatment period shall not exceed 120 days, unless the county has made progress toward or is actively working toward implementing the case plan that identifies the services or supports necessary to transition the child to a family setting, circumstances beyond the county's control have prevented the county from obtaining those services or supports within the timeline documented in the case plan, and the need for additional time pursuant to the case plan is documented by the caseworker and approved by a deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department. (iii) To the extent that placements pursuant to this paragraph are extended beyond an initial 120 days, the requirements of clauses (i) and (ii) shall apply to each extension. In addition, the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department shall approve the continued placement no less frequently than every 60 days. (B) When a case plan indicates that placement is for purposes of providing family reunification services. In addition, the facility offers family reunification services that meet the needs of the individual child and his or her family, permits parents to have reasonable access to their children 24 hours a day, encourages extensive parental involvement in meeting the daily needs of their children, and employs staff trained to provide family reunification services. In addition, one of the following conditions exists: (i) The child's parent is also a ward of the court and resides in the facility. (ii) The child's parent is participating in a treatment program affiliated with the facility and the child's placement in the facility facilitates the coordination and provision of reunification services. (iii) Placement in the facility is the only alternative that permits the parent to have daily 24-hour access to the child in accordance with the case plan, to participate fully in meeting all of the daily needs of the child, including feeding and personal hygiene, and to have access to necessary reunification services. (10) (A) A child who is 6 to 12 years of age, inclusive, may be placed in a community care facility licensed as a group home for children  or a short-term residential treatment center as defined in subdivision (ad) of Section 11400,  only when a case plan indicates that placement is for purposes of providing short term, specialized, and intensive treatment for the child, the case plan specifies the need for, nature of, and anticipated duration of this treatment, pursuant to paragraph (2) of subdivision (c) of Section 16501.1,  the case plan includes transitioning the child to a less restrictive environment and the projected timeline by which the child will be transitioned to a less restrictive environment,  and is approved by the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department. (B) The short term, specialized, and intensive treatment period shall not exceed six months, unless the county has made progress or is actively working toward implementing the case plan that identifies the services or supports necessary to transition the child to a family setting, circumstances beyond the county's control have prevented the county from obtaining those services or supports within the timeline documented in the case plan, and the need for additional time pursuant to the case plan is documented by the caseworker and approved by a deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department. (C) To the extent that placements pursuant to this paragraph are extended beyond an initial six months, the requirements of subparagraphs (A) and (B) shall apply to each extension. In addition, the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department shall approve the continued placement no less frequently than every 60 days.  (11) A child may be placed into a community care facility licensed as a group home, or commencing January 1, 2017, a short-term residential treatment center as defined in subdivision (ad) of Section 11400, only when the case plan indicates that placement is for purposes of providing short-term, specialized, and intensive treatment for the child, the case plan specifies the need for, nature of, and anticipated duration of this treatment, pursuant to paragraph (2) of subdivision (c) of Section 16501.1, and the case plan includes transitioning the child to a less restrictive environment and the projected timeline by which the child will be transitioned to a less restrictive environment.   (11)   (12)  Nothing in this subdivision shall be construed to allow a social worker to place any dependent child outside the United States, except as specified in subdivision (f). (f) (1) A child under the supervision of a social worker pursuant to subdivision (e) shall not be placed outside the United States prior to a judicial finding that the placement is in the best interest of the child, except as required by federal law or treaty. (2) The party or agency requesting placement of the child outside the United States shall carry the burden of proof and shall show, by clear and convincing evidence, that placement outside the United States is in the best interest of the child. (3) In determining the best interest of the child, the court shall consider, but not be limited to, the following factors: (A) Placement with a relative. (B) Placement of siblings in the same home. (C) Amount and nature of any contact between the child and the potential guardian or caretaker. (D) Physical and medical needs of the dependent child. (E) Psychological and emotional needs of the dependent child. (F) Social, cultural, and educational needs of the dependent child. (G) Specific desires of any dependent child who is 12 years of age or older. (4) If the court finds that a placement outside the United States is, by clear and convincing evidence, in the best interest of the child, the court may issue an order authorizing the social worker to make a placement outside the United States. A child subject to this subdivision shall not leave the United States prior to the issuance of the order described in this paragraph. (5) For purposes of this subdivision, "outside the United States" shall not include the lands of any federally recognized American Indian tribe or Alaskan Natives. (6) This subdivision shall not apply to the placement of a dependent child with a parent pursuant to subdivision (a). (g) (1) If the child is taken from the physical custody of the child's parent or guardian and unless the child is placed with relatives, the child shall be placed in foster care in the county of residence of the child's parent or guardian in order to facilitate reunification of the family. (2) In the event that there are no appropriate placements available in the parent's or guardian's county of residence, a placement may be made in an appropriate place in another county, preferably a county located adjacent to the parent's or guardian's community of residence. (3) Nothing in this section shall be interpreted as requiring multiple disruptions of the child's placement corresponding to frequent changes of residence by the parent or guardian. In determining whether the child should be moved, the social worker shall take into consideration the potential harmful effects of disrupting the placement of the child and the parent's or guardian's reason for the move. (4) When it has been determined that it is necessary for a child to be placed in a county other than the child's parent's or guardian' s county of residence, the specific reason the out-of-county placement is necessary shall be documented in the child's case plan. If the reason the out-of-county placement is necessary is the lack of resources in the sending county to meet the specific needs of the child, those specific resource needs shall be documented in the case plan. (5) When it has been determined that a child is to be placed out of county either in a group home or  a short-term residential treatment center, or  with a foster family agency for subsequent placement in a certified foster family home, and the sending county is to maintain responsibility for supervision and visitation of the child, the sending county shall develop a plan of supervision and visitation that specifies the supervision and visitation activities to be performed and specifies that the sending county is responsible for performing those activities. In addition to the plan of supervision and visitation, the sending county shall document information regarding any known or suspected dangerous behavior of the child that indicates the child may pose a safety concern in the receiving county.  Upon implementation of the Child Welfare Services Case Management System, the   The  plan of supervision and visitation, as well as information regarding any known or suspected dangerous behavior of the child, shall be made available to the receiving county upon placement of the child in the receiving county. If placement occurs on a weekend or holiday, the information shall be made available to the receiving county on or before the end of the next business day. (6) When it has been determined that a child is to be placed out of county and the sending county plans that the receiving county shall be responsible for the supervision and visitation of the child, the sending county shall develop a formal agreement between the sending and receiving counties. The formal agreement shall specify the supervision and visitation to be provided the child, and shall specify that the receiving county is responsible for providing the supervision and visitation. The formal agreement shall be approved and signed by the sending and receiving counties prior to placement of the child in the receiving county. In addition, upon completion of the case plan, the sending county shall provide a copy of the completed case plan to the receiving county. The case plan shall include information regarding any known or suspected dangerous behavior of the child that indicates the child may pose a safety concern to the receiving county. (h) Whenever the social worker must change the placement of the child and is unable to find a suitable placement within the county and must place the child outside the county, the placement shall not be made until he or she has served written notice on the parent or guardian at least 14 days prior to the placement, unless the child's health or well-being is endangered by delaying the action or would be endangered if prior notice were given. The notice shall state the reasons which require placement outside the county. The parent or guardian may object to the placement not later than seven days after receipt of the notice and, upon objection, the court shall hold a hearing not later than five days after the objection and prior to the placement. The court shall order out-of-county placement if it finds that the child's particular needs require placement outside the county. (i)  Where   When  the court has ordered removal of the child from the physical custody of his or her parents pursuant to Section 361, the court shall consider whether the family ties and best interest of the child will be served by granting visitation rights to the child's grandparents. The court shall clearly specify those rights to the social worker. (j)  Where   When  the court has ordered removal of the child from the physical custody of his or her parents pursuant to Section 361, the court shall consider whether there are any siblings under the court's jurisdiction, or any nondependent siblings in the physical custody of a parent subject to the court's jurisdiction, the nature of the relationship between the child and his or her siblings, the appropriateness of developing or maintaining the sibling relationships pursuant to Section 16002, and the impact of the sibling relationships on the child's placement and planning for legal permanence. (k) (1) An agency shall ensure placement of a child in a home that, to the fullest extent possible, best meets the day-to-day needs of the child. A home that best meets the day-to-day needs of the child shall satisfy all of the following criteria: (A) The child's caregiver is able to meet the day-to-day health, safety, and well-being needs of the child. (B) The child's caregiver is permitted to maintain the least restrictive and most family-like environment that serves the day-to-day needs of the child. (C) The child is permitted to engage in reasonable, age-appropriate day-to-day activities that promote the most family-like environment for the foster child. (2) The foster child's caregiver shall use a reasonable and prudent parent standard, as defined in paragraph (2) of subdivision (a) of Section 362.04, to determine day-to-day activities that are age appropriate to meet the needs of the child. Nothing in this section shall be construed to permit a child's caregiver to permit the child to engage in day-to-day activities that carry an unreasonable risk of harm, or subject the child to abuse or neglect. SEC. 38.   Section 727.1 of the   Welfare and Institutions Code   is amended to read:  727.1. (a) When the court orders the care, custody, and control of the minor to be under the supervision of the probation officer for foster care placement pursuant to subdivision (a) of Section 727, the decision regarding choice of placement shall be based upon selection of a safe setting that is the least restrictive or most family like, and the most appropriate setting that is available and in close proximity to the parent's home, consistent with the selection of the environment best suited to meet the minor's special needs and best interests. The selection shall consider, in order of priority, placement with relatives, tribal members, and foster family, group care, and residential treatment pursuant to Section 7950 of the Family Code. (b) Unless otherwise authorized by law, the court may not order the placement of a minor who is adjudged a ward of the court on the basis that he or she is a person described by either Section 601 or 602 in a private residential facility or program that provides 24-hour supervision, outside of the state, unless the court finds, in its order of placement, that all of the following conditions are met: (1) In-state facilities or programs have been determined to be unavailable or inadequate to meet the needs of the minor. (2) The State Department of Social Services or its designee has performed initial and continuing inspection of the out-of-state residential facility or program and has either certified that the facility or program meets  the greater of  all licensure standards required of group homes  or of short-term residential treatment centers,  operated in California or that the department has granted a waiver to a specific licensing standard upon a finding that there exists no adverse impact to health and safety, pursuant to subdivision (c) of Section 7911.1 of the Family Code. (3) The requirements of Section 7911.1 of the Family Code are met. (c) If, upon inspection, the probation officer of the county in which the minor is adjudged a ward of the court determines that the out-of-state facility or program is not in compliance with the standards required under paragraph (2) of subdivision (b) or has an adverse impact on the health and safety of the minor, the probation officer may temporarily remove the minor from the facility or program. The probation officer shall promptly inform the court of the minor's removal, and shall return the minor to the court for a hearing to review the suitability of continued out-of-state placement. The probation officer shall, within one business day of removing the minor, notify the State Department of Social Services' Compact Administrator, and, within five working days, submit a written report of the findings and actions taken. (d) The court shall review each of these placements for compliance with the requirements of subdivision (b) at least once every six months. (e) The county shall not be entitled to receive or expend any public funds for the placement of a minor in an out-of-state group home  or short-term residential treatment center   ,  unless the conditions of subdivisions (b) and (d) are met.  SEC. 39.   Section 831 is added to the   Welfare and Institutions Code  , to read:   831. (a) (1) For purposes of this section, a "child and family team" means a supportive team that informs the process of placement and services to foster children and to children at risk of foster care placement. The child and family team is comprised of the child, the child's family, the caregiver, the placing agency caseworker, the child's tribe and Indian custodian if the child is Indian, and the county mental health representative. As appropriate, the child and family team also may include, but is not limited to, behavioral health representatives and other formal supports, such as educational professionals and representatives from other agencies providing services to the child and family. A child and family team also may include extended family and informal support persons, such as friends, coaches, faith-based connections, and tribes as identified by the child and family. For purposes of this definition, if placement into a short-term residential treatment center or a foster family agency that provides treatment services has occurred or is being considered, the mental health representative is required to be a licensed mental health professional. (2) To promote more effective communication needed for the development of a plan to address the needs of the child and family, a person designated as a member of a child and family team pursuant to subdivision (a) of Section 16501 may receive and disclose relevant information and records, subject to the confidentiality provisions described in this section. (3) Information exchanged among the team shall be received in confidence for the limited purpose of providing necessary services and supports to the child and family and shall not be further disclosed except to the juvenile court with jurisdiction over the child or as otherwise required by law. (b) When a child and family have been identified as benefiting from the convening of a child and family team, the following shall occur: (1) The parents or guardians and the child shall be informed of the nature of the team, the expected benefit of convening the team, and the expected outcome of the team. (2) The parents or guardians and the child shall be informed that they may decline participation in the team. (3) If the parents or guardians or the child agree to participate in the team, the proposed members of the team shall be identified. The parents or guardians and the child shall be permitted to identify nonprofessionals, such as relatives, nonrelative extended family members, and caregivers or former caregivers, to participate on the team. (4) All team members shall be fully apprised of the confidentiality requirements of this subdivision prior to participation in the team meetings and shall sign a confidentiality agreement. (c) (1) When a child and family team is convened, each participating parent, guardian, and child with legal power to consent shall be asked to sign an authorization to release information to team members. In the event that a child who is a dependent of the juvenile court does not have the legal power to consent to the release of information, the court is authorized to consent on behalf of the child. (2) Authorization to release information shall be in writing and shall comply with all other applicable state law governing release of medical, mental health, social service, and educational records, and that covers identified team members, including service providers, in order to permit the release of records to the team. (A) Authorization for the release of medical records may be indicated on a separate form designated for that purpose. (B) This authorization shall not include release of adoption records. (3) All team members from whom an authorization to release information is required shall be informed of the right to refuse to sign, or to limit the scope of, the consent form. (4) The knowing and informed consent to release information given pursuant to this section shall only be in force for the time that the child or family, or nonminor dependent, is participating in the child and family team. (d) (1) Upon obtaining the authorization to release information as described in subdivision (c), relevant information and records may be shared with members of the team. If the team determines that the disclosure of information would present a reasonable risk of a significant adverse or detrimental effect on the minor's psychological or physical safety, the information shall not be released. (2) To the extent the records were generated as a result of health care services to which the child has the power to consent under state law, release of these records may take place only after the team has received written authorization from the child to release the records. (e) Before each team meeting, a facilitator shall explain both of the following to the team before information may be exchanged about a particular child or family: (1) Information provided by the child or family may only be exchanged with team members with the express written consent of the family and the child or person with the legal right to consent on behalf of the child. (2) Information discussed in the team meetings shall not be disclosed to anyone other than members of the team and juvenile court, unless otherwise required by law. Civil and criminal penalties may apply to the inappropriate disclosure of information held by the team. (f) Every member of the child and family team who receives information or records on the child and family served by the team shall be under the same privacy and confidentiality obligations as the person disclosing or providing the information or records. The information or records obtained shall be maintained in a manner that ensures the maximum protection of privacy and confidentiality rights. (g) This section shall not be construed to restrict guarantees of confidentiality provided under federal law. (h) Information and records communicated or provided to the team, by all providers, programs, and agencies, as well as information and records created by the team in the course of serving a child and his or her family, shall be deemed private and confidential and shall be protected from discovery and disclosure by all applicable statutory and common law. Nothing in this section shall be construed to affect the authority of a health care provider to disclose medical information pursuant to paragraph (1) of subdivision (c) of Section 56.10 of the Civil Code. (i) If the child welfare agency files or records, or any portions thereof, are privileged or confidential, pursuant to any other state law, except Section 827, or federal law or regulation, the requirements of that state law or federal law or regulation prohibiting or limiting release of the child welfare agency files or records, or any portions thereof, shall prevail. (j) All discussions during team meetings are confidential unless disclosure is required by law. Notwithstanding any other law, testimony concerning any team meeting discussion is not admissible in any criminal or civil proceeding except as provided in paragraph (2) of subdivision (a). (k) As used in this section, "privileged information" means any information subject to a privilege pursuant to Division 8 (commencing with Section 900) of the Evidence Code. Disclosure of otherwise privileged information to team members shall not be construed to waive the privilege.   SEC. 40.   Section 4094.2 of the   Welfare and Institutions Code   is amended to read:  4094.2. (a) For the purpose of establishing payment rates for community treatment facility programs, the private nonprofit agencies selected to operate these programs shall prepare a budget that covers the total costs of providing residential care and supervision and mental health services for their proposed programs. These costs shall include categories that are allowable under 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.  These   (1)     These  rates shall be established using the existing foster care ratesetting system for group homes,  or the rate for a short-term residential treatment center as defined in subdivision (ad) of Section 11400,  with modifications designed as necessary. It is anticipated that all community treatment facility programs will offer the level of care and services required to receive the highest foster care rate provided for under the current  group home  ratesetting system.  (2) Commencing January 1, 2018, the program shall have accreditation from a nationally recognized accrediting entity identified by the State Department of Social Services pursuant to the process described in paragraph (4) of subdivision (b) of Section 11462.  (d) For the 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 the seriously emotionally disturbed children placed in community treatment facility programs, to modify the existing foster care ratesetting regulations, and to pay the community treatment facility supplemental rate. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, and general welfare. The regulations shall become effective immediately upon filing with the Secretary of State. The regulations shall not remain in effect more than 180 days unless the adopting agency complies with all the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, as required by subdivision (e) of Section 11346.1 of the Government Code.  SEC. 41.   Section 4096 of the   Welfare and Institutions Code   is amended to read:  4096. (a) (1) Interagency collaboration and children's program services shall be structured in a manner that will facilitate future implementation of the goals of the Children's Mental Health Services Act. (2) Components shall be added to state-county performance contracts required in Section 5650 that provide for reports from counties on how this section is implemented. (3) The department shall develop performance contract components required by paragraph (2). (4) Performance contracts subject to this section shall document that the procedures to be implemented in compliance with this section have been approved by the county social services department and the county probation department. (b) Funds specified in subdivision (a) of Section 17601 for services to wards of the court and dependent children of the court shall be allocated and distributed to counties based on the number of wards of the court and dependent children of the court in the county. (c) A county may utilize funds allocated pursuant to subdivision (b) only if the county has an established and operational interagency placement committee, with a membership that includes at least the county placement agency and a licensed mental health professional from the county department of mental health. If necessary, the funds may be used for costs associated with establishing the interagency placement committee. (d) Subsequent to the establishment of an interagency placement committee, funds allocated pursuant to subdivision (b) shall be used to provide services to wards of the court and dependent children of the court jointly identified by county mental health, social services, and probation departments as the highest priority. Every effort shall be made to match those funds with funds received pursuant to Title XIX of the federal Social Security Act, contained in Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code. (e) (1) Each interagency placement committee shall establish procedures whereby a ward of the court or dependent child of the court, or a voluntarily placed child whose placement is funded by the Aid to Families with Dependent Children-Foster Care Program, who is to be placed or is currently placed in a group home program at a rate classification level 13 or rate classification level 14 as specified in Section 11462.01, is assessed as seriously emotionally disturbed, as defined in Section 5600.3 and Section 1502.4 of the Health and Safety Code. (2) The assessment required by paragraph (1) shall also indicate that the child is in need of the care and services provided by that group home program. (f) The interagency placement committee shall document the results of the assessment required by subdivision (e) and shall notify the appropriate group home provider and county placing agency, in writing, of those results within 10 days of the completion of the assessment. (g) If the child's placement is not funded by the Aid to Families with Dependent Children-Foster Care Program, a licensed mental health professional, as defined in Sections 629 to 633, inclusive, of Title 9 of the California Code of Regulations, shall certify that the child is seriously emotionally disturbed, as defined in Section 5600.3 and Section 1502.4 of the Health and Safety Code.  (h) (1) This section shall become inoperative on January 1, 2017, except that this section shall continue to apply, until January 1, 2018, to a group home that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11462.04 or to a foster family home that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11463.1.   (2) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.   SEC. 42.   Section 4096 is added to the   Welfare and Institutions Code   , to read:   4096. (a) (1) Interagency collaboration and children's program services shall be structured in a manner that will facilitate implementation of the goals of the Children's Mental Health Services Act. (2) Components shall be added to state-county performance contracts required in Section 5650 that provide for reports from counties on how this section is implemented. (3) The State Department of Health Care Services shall develop performance contract components required by paragraph (2). (4) Performance contracts subject to this section shall document that the procedures to be implemented in compliance with this section have been approved by the county social services department and the county probation department. (b) Funds specified in subdivision (a) of Section 17601 for services to wards of the court and dependent children of the court shall be allocated and distributed to counties based on the number of wards of the court and dependent children of the court in the county. (c) A county may utilize funds allocated pursuant to subdivision (b) only if the county has an established and operational interagency placement with a membership that includes at least the county placement agency and a licensed mental health professional from the county department of mental health. If necessary, the funds may be used for costs associated with establishing the interagency placement committee. (d) Funds allocated pursuant to subdivision (b) shall be used to provide services to wards of the court and dependent children of the court jointly identified by county mental health, social services, and probation departments as the highest priority. Every effort shall be made to match those funds with funds received pursuant to Title XIX of the federal Social Security Act, contained in Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code. (e) (1) Each interagency placement committee shall establish procedures whereby a ward of the court or dependent child of the court, or a voluntarily placed child whose placement is funded by the Aid to Families with Dependent Children-Foster Care Program, who is to be placed or is currently placed in a short-term residential treatment center or foster family agency that provides treatment services, as specified in Section 11462.01, is assessed as seriously emotionally disturbed, as defined in Section 5600.3 and Section 1502.4 of the Health and Safety Code. (2) The assessment required by paragraph (1) shall also indicate that the child is in need of the care and services provided by a short-term residential center or foster family agency that provides treatment services. (3) In lieu of an assessment by the interagency placement committee required under paragraph (1), a child and family team, as defined in Section 831, may utilize an assessment by a licensed mental health professional that was developed consistent with procedures established by the county under paragraph (1). Nothing in this paragraph shall prohibit the child and family team from considering an assessment provided by an interagency placement committee. (f) The interagency placement committee or the child and family team, as appropriate, shall document the results of the assessment required by subdivision (e) and shall notify the appropriate provider in writing, of those results within 10 days of the completion of the assessment. (g) If the child's placement is not funded by the Aid to Families with Dependent Children-Foster Care Program, a licensed mental health professional shall certify that the child is seriously emotionally disturbed, as defined in Section 5600.3 and Section 1502.4 of the Health and Safety Code. (h) This section shall become operative on January 1, 2017.   SEC. 43.   Section 4096.5 of the   Welfare and Institutions Code   is amended to read:  4096.5. (a) The State Department of Health Care Services shall make a determination, within 45 days of receiving a request from a group home to be classified at RCL 13 or RCL 14 pursuant to Section 11462.01, to certify or deny certification that the group home program includes provisions for mental health treatment services that meet the needs of seriously emotionally disturbed children. The department shall issue each certification for a period of one year and shall specify the effective date the program met the certification requirements. A program may be recertified if the program continues to meet the criteria for certification. (b) The State Department of Health Care Services shall, in consultation with the California Mental Health Directors Association and representatives of provider organizations, develop the criteria for the certification required by subdivision (a) by July 1, 1992. (c) (1) The State Department of Health Care Services may, upon the request of a county, delegate to that county the certification task. (2) Any county to which the certification task is delegated pursuant to paragraph (1) shall use the criteria and format developed by the department. (d) The State Department of Health Care Services or delegated county shall notify the State Department of Social Services Community Care Licensing Division immediately upon the termination of any certification issued in accordance with subdivision (a). (e) Upon receipt of notification from the State Department of Social Services Community Care Licensing Division of any adverse licensing action taken after the finding of noncompliance during an inspection conducted pursuant to Section 1538.7 of the Health and Safety Code, the State Department of Health Care Services or the delegated county shall review the certification issued pursuant to this section.  (f) (1) This section shall become inoperative on January 1, 2017, except that this section shall continue to apply, until January 1, 2018, to a group home that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11462.04 or to a foster family home that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11463.1.   (2) This section is repealed as of January 1, 2018, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.   SEC. 44.   Section 4096.5 is added to the   Welfare and Institutions Code   , to read:  4096.5. (a) All short-term residential treatment centers, and all foster family agencies that provide intensive treatment services as described in Section 11462.01, shall obtain and have in good standing a mental health certification issued by the State Department of Health Care Services or a county to which the department has delegated certification authority. This certification is a condition for receiving an Aid to Families with Dependent Children-Foster Care rate pursuant to Section 11462.015. (b) The State Department of Health Care Services or a county to which the department has delegated certification authority shall certify or deny certification within 45 days of receiving a certification request. The State Department of Health Care Services or a county to which the department has delegated certification authority shall issue each certification for a period of one year and shall specify the effective date that the program met the program standards. Certified entities shall meet all program standards to be recertified. (c) Pursuant to Section 11462.25, the State Department of Health Care Services shall promulgate regulations regarding program standards, oversight, enforcement, and due process for the mental health certification of short-term residential treatment centers and foster family agencies that provide intensive or therapeutic treatment services. (d) (1) Except for certification of short-term residential treatment centers or foster family agencies operated by a county, the State Department of Health Care Services may, upon the request of a county, delegate to that county the certification of short-term residential treatment centers and foster family agencies within its borders. (2) Any county to which certification is delegated pursuant to paragraph (1) shall be responsible for the oversight and enforcement of program standards and the provision of due process for certified entities. (e) The State Department of Health Care Services or a county to which the department has delegated certification authority shall notify the State Department of Social Services immediately upon the termination of any certification issued in accordance with subdivisions (a) and (b). (f) The State Department of Social Services shall notify the State Department of Health Care Services or a county to which the department has delegated certification authority immediately upon the revocation of any license issued pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code. (g) This section shall become operative on January 1, 2017.   SEC. 45.   Section 11400 of the   Welfare and Institutions Code   is amended to read:  11400. For purposes of this article, the following definitions shall apply: (a) "Aid to Families with Dependent Children-Foster Care (AFDC-FC)" means the aid provided on behalf of needy children in foster care under the terms of this division. (b) "Case plan" means a written document that, at a minimum, specifies the type of home in which the child shall be placed, the safety of that home, and the appropriateness of that home to meet the child's needs. It shall also include the agency's plan for ensuring that the child receive proper care and protection in a safe environment, and shall set forth the appropriate services to be provided to the child, the child's family, and the foster parents, in order to meet the child's needs while in foster care, and to reunify the child with the child's family. In addition, the plan shall specify the services that will be provided or steps that will be taken to facilitate an alternate permanent plan if reunification is not possible. (c) "Certified family home" means a family residence certified by a licensed foster family agency and issued a certificate of approval by that agency as meeting licensing standards, and used only by that foster family agency for placements. (d) "Family home" means the family residence of a licensee in which 24-hour care and supervision are provided for children. (e) "Small family home" means any residential facility, in the licensee's family residence, which provides 24-hour care for six or fewer foster children who have mental disorders or developmental or physical disabilities and who require special care and supervision as a result of their disabilities. (f) "Foster care" means the 24-hour out-of-home care provided to children whose own families are unable or unwilling to care for them, and who are in need of temporary or long-term substitute parenting. (g) "Foster family agency" means any individual or organization engaged in the recruiting, certifying, and training of, and providing professional support to, foster parents, or in finding homes or other places for placement of children for temporary or permanent care who require that level of care as an alternative to a group home. Private foster family agencies shall be organized and operated on a nonprofit basis. (h) "Group home" means a nondetention privately operated residential home, organized and operated on a nonprofit basis only, of any capacity, or a nondetention licensed residential care home operated by the County of San Mateo with a capacity of up to 25 beds, that accepts children in need of care and supervision in a group home, as defined by paragraph (13) of subdivision (a) of Section 1502 of the Health and Safety Code. (i) "Periodic review" means review of a child's status by the juvenile court or by an administrative review panel, that shall include a consideration of the safety of the child, a determination of the continuing need for placement in foster care, evaluation of the goals for the placement and the progress toward meeting these goals, and development of a target date for the child's return home or establishment of alternative permanent placement. (j) "Permanency planning hearing" means a hearing conducted by the juvenile court in which the child's future status, including whether the child shall be returned home or another permanent plan shall be developed, is determined. (k) "Placement and care" refers to the responsibility for the welfare of a child vested in an agency or organization by virtue of the agency or organization having (1) been delegated care, custody, and control of a child by the juvenile court, (2) taken responsibility, pursuant to a relinquishment or termination of parental rights on a child, (3) taken the responsibility of supervising a child detained by the juvenile court pursuant to Section 319 or 636, or (4) signed a voluntary placement agreement for the child's placement; or to the responsibility designated to an individual by virtue of his or her being appointed the child's legal guardian. (l) "Preplacement preventive services" means services that are designed to help children remain with their families by preventing or eliminating the need for removal. (m) "Relative" means an adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words "great," "great-great," or "grand" or the spouse of any of these persons even if the marriage was terminated by death or dissolution. (n) "Nonrelative extended family member" means an adult caregiver who has an established familial or mentoring relationship with the child, as described in Section 362.7. (o) "Voluntary placement" means an out-of-home placement of a child by (1) the county welfare department, probation department, or Indian tribe that has entered into an agreement pursuant to Section 10553.1, after the parents or guardians have requested the assistance of the county welfare department and have signed a voluntary placement agreement; or (2) the county welfare department licensed public or private adoption agency, or the department acting as an adoption agency, after the parents have requested the assistance of either the county welfare department, the licensed public or private adoption agency, or the department acting as an adoption agency for the purpose of adoption planning, and have signed a voluntary placement agreement. (p) "Voluntary placement agreement" means a written agreement between either the county welfare department, probation department, or Indian tribe that has entered into an agreement pursuant to Section 10553.1, licensed public or private adoption agency, or the department acting as an adoption agency, and the parents or guardians of a child that specifies, at a minimum, the following: (1) The legal status of the child. (2) The rights and obligations of the parents or guardians, the child, and the agency in which the child is placed. (q) "Original placement date" means the most recent date on which the court detained a child and ordered an agency to be responsible for supervising the child or the date on which an agency assumed responsibility for a child due to termination of parental rights, relinquishment, or voluntary placement. (r) (1) "Transitional housing placement provider" means an organization licensed by the State Department of Social Services pursuant to Section 1559.110 of the Health and Safety Code, to provide transitional housing to foster children at least 16 years of age and not more than 18 years of age, and nonminor dependents, as defined in subdivision (v). A transitional housing placement provider shall be privately operated and organized on a nonprofit basis. (2) Prior to licensure, a provider shall obtain certification from the applicable county, in accordance with Section 16522.1. (s) "Transitional Housing Program-Plus" means a provider certified by the applicable county, in accordance with subdivision (c) of Section 16522, to provide transitional housing services to former foster youth who have exited the foster care system on or after their 18th birthday. (t) "Whole family foster home" means a new or existing family home, approved relative caregiver or nonrelative extended family member's home, the home of a nonrelated legal guardian whose guardianship was established pursuant to Section 360 or 366.26, certified family home, or a host family home placement of a transitional housing placement provider, that provides foster care for a minor or nonminor dependent parent and his or her child, and is specifically recruited and trained to assist the minor or nonminor dependent parent in developing the skills necessary to provide a safe, stable, and permanent home for his or her child. The child of the minor or nonminor dependent parent need not be the subject of a petition filed pursuant to Section 300 to qualify for placement in a whole family foster home. (u) "Mutual agreement" means any of the following: (1) A written voluntary agreement of consent for continued placement and care in a supervised setting between a minor or, on and after January 1, 2012, a nonminor dependent, and the county welfare services or probation department or tribal agency responsible for the foster care placement, that documents the nonminor's continued willingness to remain in supervised out-of-home placement under the placement and care of the responsible county, tribe, consortium of tribes, or tribal organization that has entered into an agreement with the state pursuant to Section 10553.1, remain under the jurisdiction of the juvenile court as a nonminor dependent, and report any change of circumstances relevant to continued eligibility for foster care payments, and that documents the nonminor's and social worker's or probation officer's agreement to work together to facilitate implementation of the mutually developed supervised placement agreement and transitional independent living case plan. (2) An agreement, as described in paragraph (1), between a nonminor former dependent or ward in receipt of Kin-GAP payments under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385), and the agency responsible for the Kin-GAP benefits, provided that the nonminor former dependent or ward satisfies the conditions described in Section 11403.01, or one or more of the conditions described in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403. For purposes of this paragraph and paragraph (3), "nonminor former dependent or ward" has the same meaning as described in subdivision (aa). (3) An agreement, as described in paragraph (1), between a nonminor former dependent or ward in receipt of AFDC-FC payments under subdivision (e) or (f) of Section 11405 and the agency responsible for the AFDC-FC benefits, provided that the nonminor former dependent or ward described in subdivision (e) of Section 11405 satisfies one or more of the conditions described in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, and the nonminor described in subdivision (f) of Section 11405 satisfies the secondary school or equivalent training or certificate program conditions described in that subdivision. (v) "Nonminor dependent" means, on and after January 1, 2012, a foster child, as described in Section 675(8)(B) of Title 42 of the United States Code under the federal Social Security Act who is a current dependent child or ward of the juvenile court, or who is a nonminor under the transition jurisdiction of the juvenile court, as described in Section 450, and who satisfies all of the following criteria: (1) He or she has attained 18 years of age while under an order of foster care placement by the juvenile court, and is not more than 19 years of age on or after January 1, 2012, not more than 20 years of age on or after January 1, 2013, or not more than 21 years of age on or after January 1, 2014, and as described in Section 10103.5. (2) He or she is in foster care under the placement and care responsibility of the county welfare department, county probation department, Indian tribe, consortium of tribes, or tribal organization that entered into an agreement pursuant to Section 10553.1. (3) He or she has a transitional independent living case plan pursuant to Section 475(8) of the federal Social Security Act (42 U.S.C. Sec. 675(8)), as contained in the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351), as described in Section 11403. (w) "Supervised independent living placement" means, on and after January 1, 2012, an independent supervised setting, as specified in a nonminor dependent's transitional independent living case plan, in which the youth is living independently, pursuant to Section 472(c)(2) of the Social Security Act (42 U.S.C. Sec. 672(c)(2)). (x) "Supervised independent living setting," pursuant to Section 472(c)(2) of the federal Social Security Act (42 U.S.C. Sec. 672(c) (2)), includes both a supervised independent living placement, as defined in subdivision (w), and a residential housing unit certified by the transitional housing placement provider operating a Transitional Housing Placement-Plus Foster Care program, as described in paragraph (2) of subdivision (a) of Section 16522.1. (y) "Transitional independent living case plan" means, on or after January 1, 2012, a child's case plan submitted for the last review hearing held before he or she reaches 18 years of age or the nonminor dependent's case plan, updated every six months, that describes the goals and objectives of how the nonminor will make progress in the transition to living independently and assume incremental responsibility for adult decisionmaking, the collaborative efforts between the nonminor and the social worker, probation officer, or Indian tribal placing entity and the supportive services as described in the transitional independent living plan (TILP) to ensure active and meaningful participation in one or more of the eligibility criteria described in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, the nonminor's appropriate supervised placement setting, and the nonminor's permanent plan for transition to living independently, which includes maintaining or obtaining permanent connections to caring and committed adults, as set forth in paragraph (16) of subdivision (f) of Section 16501.1. (z) "Voluntary reentry agreement" means a written voluntary agreement between a former dependent child or ward or a former nonminor dependent, who has had juvenile court jurisdiction terminated pursuant to Section 391, 452, or 607.2, and the county welfare or probation department or tribal placing entity that documents the nonminor's desire and willingness to reenter foster care, to be placed in a supervised setting under the placement and care responsibility of the placing agency, the nonminor's desire, willingness, and ability to immediately participate in one or more of the conditions of paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, the nonminor's agreement to work collaboratively with the placing agency to develop his or her transitional independent living case plan within 60 days of reentry, the nonminor's agreement to report any changes of circumstances relevant to continued eligibility for foster care payments, and (1) the nonminor's agreement to participate in the filing of a petition for juvenile court jurisdiction as a nonminor dependent pursuant to subdivision (e) of Section 388 within 15 judicial days of the signing of the agreement and the placing agency's efforts and supportive services to assist the nonminor in the reentry process, or (2) if the nonminor meets the definition of a nonminor former dependent or ward, as described in subdivision (aa), the nonminor's agreement to return to the care and support of his or her former juvenile court-appointed guardian and meet the eligibility criteria for AFDC-FC pursuant to subdivision (e) of Section 11405. (aa) "Nonminor former dependent or ward" means, on and after January 1, 2012, either of the following: (1) A nonminor who reached 18 years of age while subject to an order for foster care placement, and for whom dependency, delinquency, or transition jurisdiction has been terminated, and who is still under the general jurisdiction of the court. (2) A nonminor who is over 18 years of age and, while a minor, was a dependent child or ward of the juvenile court when the guardianship was established pursuant to Section 360 or 366.26, or subdivision (d), of Section 728 and the juvenile court dependency or wardship was dismissed following the establishment of the guardianship. (ab) "Runaway and homeless youth shelter" means a type of group home, as defined in paragraph (14) of subdivision (a) of Section 1502 of the Health and Safety Code, that is not an eligible placement option under Sections 319, 361.2, 450, and 727, and that is not eligible for AFDC-FC funding pursuant to subdivision (c) of Section 11402 or Section 11462. (ac) "Transition dependent" is a minor between 17 years and five months and 18 years of age who is subject to the court's transition jurisdiction under Section 450.  (ad) "Short-term residential treatment center" means a licensed community care facility, as defined in paragraph (18) of Section 1502 of the Health and Safety Code, that provides short-term, specialized, and intensive treatment for the child, when the child's case plan specifies the need for, nature of, and anticipated duration of this specialized treatment.   (ae) "Resource family" means a placement, as defined in subdivision (c) of Section 16519.5.   SEC. 46.   Section 11402 of the   Welfare and Institutions Code   is amended to read:  11402. In order to be eligible for AFDC-FC, a child or nonminor dependent shall be placed in one of the following: (a) The approved home of a relative, provided the child is otherwise eligible for federal financial participation in the AFDC-FC payment. (b) (1) The licensed family home of a nonrelative. (2) The approved home of a nonrelative extended family member as described in Section 362.7. (c) The approved home of a resource family as defined in Section 16519.5. (d) A licensed group home, as defined in subdivision (h) of Section 11400, excluding a runaway and homeless youth shelter as defined in subdivision (ab) of Section 11400, provided that the placement worker has documented that the placement is necessary to meet the treatment needs of the child and that the facility offers those treatment services. (e) The home of a nonrelated legal guardian or the home of a former nonrelated legal guardian when the guardianship of a child who is otherwise eligible for AFDC-FC has been dismissed due to the child's attaining 18 years of age. (f) An exclusive-use home. (g) A housing model certified by a licensed transitional housing placement provider as described in Section 1559.110 of the Health and Safety Code and as defined in subdivision (r) of Section 11400. (h) An out-of-state group home, provided that the placement worker, in addition to complying with all other statutory requirements for placing a minor in an out-of-state group home, documents that the requirements of Section 7911.1 of the Family Code have been met. (i) An approved supervised independent living setting for nonminor dependents, as defined in subdivision (w) of Section 11400.  (j) This section shall become operative on July 1, 2012.   (j) (1) This section shall become inoperative on January 1, 2017, except that this section shall continue to apply, until January 1, 2018, to a group home that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11462.04 or to a foster family home that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11463.1.   (2) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.   SEC. 47.   Section 11402 is added to the   Welfare and Institutions Code   , to read:   11402. In order to be eligible for AFDC-FC, a child or nonminor dependent shall be placed in one of the following: (a) The approved home of a relative, provided the child is otherwise eligible for federal financial participation in the AFDC-FC payment. (b) (1) The home of a nonrelated legal guardian or the home of a former nonrelated legal guardian when the guardianship of a child who is otherwise eligible for AFDC-FC has been dismissed due to the child attaining 18 years of age. (2) The approved home of a nonrelative extended family member, as described in Section 362.7. (c) (1) The licensed family home of a nonrelative. (2) The approved home of a resource family, as defined in Section 16519.5. (3) A licensed foster family agency for placement into a nontreatment foster home, provided that the program has accreditation from a nationally recognized entity identified by the State Department of Social Services pursuant to the process described in paragraph (8) of subdivision (b) of Section 11463. (d) (1) A housing model certified by a licensed transitional housing placement provider, as described in Section 1559.110 of the Health and Safety Code, and as defined in subdivision (r) of Section 11400. (2) An approved supervised independent living setting for nonminor dependents, as defined in subdivision (w) of Section 11400. (e) A licensed foster family agency for placement into a treatment foster home, provided that all of the following apply: (1) The program has accreditation from a nationally recognized entity identified by the State Department of Social Services pursuant to the process described in paragraph (8) of subdivision (b) of Section 11463. (2) The program has a mental health certificate pursuant to Section 11462.015. (3) The placement worker has documented in the child's case plan the need for, nature of, and anticipated duration of this specialized treatment to meet the treatment needs of the child and that the facility offers those treatment services. (f) A short-term residential treatment center licensed as a community care facility, as defined in subdivision (ad) of Section 11400, provided that all of the following apply: (1) The program has a national accreditation from an entity selected by the State Department of Social Services pursuant to the process described in paragraph (4) of subdivision (b) of Section 11462. (2) The program has a mental health certificate pursuant to Section 11462.015. (3) The placement worker has documented in the child's case plan the need for, nature of, and anticipated duration of this specialized treatment to meet the treatment needs of the child and that the facility offers those treatment services. (g) An out-of-state short-term residential treatment center that meets the equivalent of the requirements of paragraphs (1), (2), and (3) of subdivision (f), provided that the placement worker, in addition to complying with all other statutory requirements for placing a minor in an out-of-state group home, documents that the requirements of Section 7911.1 of the Family Code have been met. (h) A community treatment facility set forth in Article 5 (commencing with Section 4094) of Chapter 3 of Part 1 of Division 4. (i) This section shall become operative on January 1, 2017.   SEC. 48.   Section 11403.2 of the   Welfare and Institutions Code   is amended to read:  11403.2. (a) The following persons shall be eligible for transitional housing provided pursuant to Article 4 (commencing with Section 16522) of Chapter 5 of Part 4: (1) Any foster child at least 16 years of age and not more than 18 years of age, and, on or after January 1, 2012, any nonminor dependent, as defined in subdivision (v) of Section 11400, who is eligible for AFDC-FC benefits as described in Section 11401. A foster child under 18 years of age shall be eligible for placement in the program certified as a "Transitional Housing Placement Program," pursuant to paragraph (1) of subdivision (a) of Section 16522.1. A nonminor dependent shall be eligible for placement in the program certified as a "Transitional Housing Placement-Plus Foster Care Program" pursuant to paragraph (2) of subdivision (a) of Section 16522.1. (2) (A) Any former foster youth at least 18 years of age and, except as provided in subparagraph (B), not more than 24 years of age who has exited from the foster care system on or after his or her 18th birthday and elects to participate in Transitional Housing Program-Plus, as defined in subdivision (s) of Section 11400, if he or she has not received services under this paragraph for more than a total of 24 months, whether or not consecutive. If the person participating in a Transitional Housing Program-Plus is not receiving aid under Section 11403.1, he or she, as a condition of participation, shall enter into, and execute the provisions of, a transitional independent living plan that shall be mutually agreed upon, and annually reviewed, by the former foster youth and the applicable county welfare or probation department or independent living program coordinator. The person participating under this paragraph shall inform the county of any changes to conditions specified in the agreed-upon plan that affect eligibility, including changes in address, living circumstances, and the educational or training program. (B) A county may, at its option, extend the services provided under subparagraph (A) to former foster youth not more than 25 years of age, and for a total of 36 months, whether or not consecutive, if the former foster youth, in addition to the requirements specified in subparagraph (A), meets either of the following criteria: (i) The former foster youth is completing secondary education or a program leading to an equivalent credential. (ii) The former foster youth is enrolled in an institution that provides postsecondary education. (b) Payment on behalf of an eligible person receiving transitional housing services pursuant to paragraph (1) of subdivision (a) shall be made to the transitional housing placement provider pursuant to the conditions and limitations set forth in Section 11403.3. Notwithstanding Section 11403.3, the department, in consultation with concerned stakeholders, including, but not limited to, representatives of the Legislature, the County Welfare Directors Association of California, the Chief Probation Officers of California, the Judicial Council, representatives of Indian tribes, the California Youth Connection, former foster youth, child advocacy organizations, labor organizations, juvenile justice advocacy organizations, foster caregiver organizations, researchers, and transitional housing placement providers, shall convene a workgroup to establish a new rate structure for the Title IV-E funded THP-Plus Foster Care placement option for nonminor dependents. The workgroup shall also consider application of this new rate structure to the Transitional Housing Program-Plus, as described in paragraph (2) of subdivision (a) of Section 11403.3. In developing the new rate structure pursuant to this subdivision, the department shall consider the average rates in effect and being paid by counties to current transitional housing placement providers.  (c) The Legislature finds and declares that this subdivision was added in 2015 to clearly codify the requirement of existing law regarding the payment made on behalf of an eligible person receiving transitional housing services. The workgroup described in subdivision (b) recommended, and the department subsequently implemented, an annual adjustment to the payment made on behalf of an eligible person receiving transitional housing services. This annual adjustment has been, and shall continue to be, equal to the California Necessities Index applicable to each fiscal year. The Legislature hereby codifies that its intent remains in making this annual adjustment to support the care and supervision, including needed services and supports, for nonminor dependents who are receiving transitional housing services through the THP-Plus Foster Care Program.   SEC. 49.   Section 11460 of the   Welfare and Institutions Code   is amended to read:  11460. (a) Foster care providers shall be paid a per child per month rate in return for the care and supervision of the AFDC-FC child placed with them. The department is designated the single organizational unit whose duty it shall be to administer a state system for establishing rates in the AFDC-FC program. State functions shall be performed by the department or by delegation of the department to county welfare departments or Indian tribes, consortia of tribes, or tribal organizations that have entered into an agreement pursuant to Section 10553.1. (b) "Care and supervision" includes food, clothing, shelter, daily supervision, school supplies, a child's personal incidentals, liability insurance with respect to a child, reasonable travel to the child's home for visitation, and reasonable travel for the child to remain in the school in which he or she is enrolled at the time of placement. Reimbursement for the costs of educational travel, as provided for in this subdivision, shall be made pursuant to procedures determined by the department, in consultation with representatives of county welfare and probation directors, and additional stakeholders, as appropriate. (1) For a child placed in a  short-term residential treatment center   or a  group home, care and supervision shall also include reasonable administration and operational activities necessary to provide the items listed in this subdivision. (2) For a child placed in a  short-term residential treatment center   or a  group home, care and supervision may also include reasonable activities performed by social workers employed by the  group home   program  provider  which   that  are not otherwise considered daily supervision or administration activities  , but are eligible for federal financial participation under Title IV-E of the Social Security Act . (c) It is the intent of the Legislature to establish the maximum level of state   financial  participation in out-of-state foster care  group home  program rates  effective January 1, 1992   for placements in facilities described in subdivision (g) of Section 11402  . (1) The department shall develop regulations that establish the method for determining the level of  state   financial  participation  in the rate paid  for  each  out-of-state  group home program   placements in facilities described in subdivision (g) of Section 11402  . The department shall consider all of the following methods: (A)  A   Until December 31, 2016, a  standardized system based on the  rate classification  level of care and services per child per month  as detailed in Section 11462  .  (B) The rate developed for a short-term residential treatment center pursuant to Section 11462.   (B)   (C)  A system  which   that  considers the actual allowable and reasonable costs of care and supervision incurred by the  out-of-state  program.  (C)   (D)  A system  which   that  considers the rate established by the host state.  (D)   (E)  Any other appropriate methods as determined by the department. (2)  State reimbursement   Reimbursement  for the  AFDC-FC group home   Aid to Families with   Children   -   Foster Care  rate to be paid to an out-of-state program  on or after January 1, 1992,   described in subdivision (g) of Section 11402  shall only be paid to programs  which   that  have done both of the following: (A) Submitted a rate application to the department and received a determination of the level of  state   financial  participation  in the rate paid  . (i) The level of  state   financial  participation shall not exceed the current fiscal year's standard rate for rate classification level 14  for a group home; or, commencing January 1, 2017, for a short-term residential treatment center  . (ii) The level of  state   financial  participation shall not exceed the rate determined by the ratesetting authority of the state in which the facility is located.  (iii) The level of state participation shall not decrease for any child placed prior to January 1, 1992, who continues to be placed in the same out-of-state group home program.  (B) Agreed to comply with information requests, and program and fiscal audits as determined necessary by the department. (3)  State   Except as specifically provided for in statute,  reimbursement for an AFDC-FC rate  paid on or after January 1, 1993,  shall only be paid to a group home  or short-term residential treatment center  organized and operated on a nonprofit basis. (d) A foster care provider that accepts payments, following the effective date of this section, based on a rate established under this section, shall not receive rate increases or retroactive payments as the result of litigation challenging rates established prior to the effective date of this section. This shall apply regardless of whether a provider is a party to the litigation or a member of a class covered by the litigation. (e) Nothing shall preclude a county from using a portion of its county funds to increase rates paid to family homes  and   ,  foster family agencies  , group homes, and short-term residential treatment centers  within that county, and to make payments for specialized care increments, clothing allowances, or infant supplements to homes within that county, solely at that county's expense. (f) Nothing shall preclude a county from providing a supplemental rate to serve commercially sexually exploited foster children to provide for the additional care and supervision needs of these children. To the extent that federal financial participation is available, it is the intent of the Legislature that the federal funding shall be utilized.  SEC. 50.   Section 11461.2 of the   Welfare and Institutions Code   is amended to read:  11461.2. (a) It is the intent of the Legislature to ensure quality care for children who are placed in the continuum of AFDC-FC eligible placement settings. (b) The State Department of Social Services shall establish, in consultation with county welfare departments and other stakeholders, as appropriate, a working group to develop recommended revisions to the current ratesetting system, services, and programs serving children and families in the continuum of AFDC-FC eligible placement settings including, at a minimum, all programs provided by foster family agencies and group homes including those providing residentially-based services, as defined in paragraph (1) of subdivision (a) of Section 18987.71. (c) In developing the recommended revisions identified in subdivision (b), the working group shall consider all of the following: (1) How ratesetting systems for foster care providers, including, at least, foster family agencies and group homes, can better support a continuum of programs and services that promote positive outcomes for children and families. This may include a process for matching the child's strengths and needs to the appropriate placement setting. (2) How the provision of an integrated, comprehensive set of services including mental health and other critical services for children and youth support the achievement of well-being, permanency, and safety outcomes. (3) How to ensure the provision of services in family-like settings including after care services, when appropriate. (4) How to provide outcome-based evaluations of foster care providers or other methods of measuring quality improvement including measures of youth and families' satisfaction with services provided and program effectiveness. (5) How changes in the licensing, ratesetting, and auditing processes can improve the quality of foster care providers, the quality of services and programs provided, and enhance the oversight of care provided to children, including, but not limited to, accreditation, administrator qualifications, and the reassignment of these responsibilities within the department. (d) In addition to the considerations in subdivision (c), the workgroup recommendations shall be based on the review and evaluation of the current ratesetting systems, actual cost data, and information from the provider community as well as research on other applicable ratesetting methodologies, evidenced-based practices, information developed as a result of pilots approved by the director, and any other relevant information. (e)  (1)    The workgroup shall develop the content, format, and data sources for reports to be posted by the department on a public Internet Web site describing the outcomes achieved by providers with foster care rates set by the department.  (2) Commencing January 1, 2017, and at least annually after that date, the department shall publish and make available on a public Internet Web site, short-term residential treatment center and foster family agency provider performance indicators.  (f) (1) Recommendations developed pursuant to this section shall include the plan required under subdivision (d) of Section 18987.7. Updates regarding the workgroup's establishment and its progress toward meeting the requirements of this section shall be provided to the Legislature during 2012-13 and 2013-14 budget hearings. The revisions recommended pursuant to the requirements of subdivision (b) shall be submitted in a report to the appropriate policy and fiscal committees of the Legislature by October 1, 2014. (2) The requirement for submitting a report pursuant to this subdivision is inoperative on October 1, 2018, pursuant to Section 10231.5 of the Government Code. (g) The department shall retain the authority to extend the workgroup after October 1, 2014, to ensure that the objectives of this section are met and to reconvene this workgroup as necessary to address any future recommended changes to the continuum of AFDC-FC eligible placement settings pursuant to this section.  SEC. 51.   Section 11462 of the   Welfare and Institutions Code   is amended to read:  11462. (a) (1) Effective July 1, 1990, foster care providers licensed as group homes, as defined in departmental regulations, including public child care institutions, as defined in Section 11402.5, shall have rates established by classifying each group home program and applying the standardized schedule of rates. The department shall collect information from group providers beginning January 1, 1990, in order to classify each group home program. (2) Notwithstanding paragraph (1), foster care providers licensed as group homes shall have rates established only if the group home is organized and operated on a nonprofit basis as required under subdivision (h) of Section 11400. The department shall terminate the rate effective January 1, 1993, of any group home not organized and operated on a nonprofit basis as required under subdivision (h) of Section 11400. (3) (A) The department shall determine, consistent with the requirements of this chapter and other relevant requirements under law, the rate classification level (RCL) for each group home program on a biennial basis. Submission of the biennial rate application shall be made according to a schedule determined by the department. (B) The department shall adopt regulations to implement this paragraph. The adoption, amendment, repeal, or readoption of a regulation authorized by this paragraph is deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement to describe specific facts showing the need for immediate action. (b) A group home program shall be initially classified, for purposes of emergency regulations, according to the level of care and services to be provided using a point system developed by the department and described in the report, "The Classification of Group Home Programs under the Standardized Schedule of Rates System," prepared by the State Department of Social Services, August 30, 1989. (c) The rate for each RCL has been determined by the department with data from the AFDC-FC Group Home Rate Classification Pilot Study. The rates effective July 1, 1990, were developed using 1985 calendar year costs and reflect adjustments to the costs for each fiscal year, starting with the 1986-87 fiscal year, by the amount of the California Necessities Index computed pursuant to the methodology described in Section 11453. The data obtained by the department using 1985 calendar year costs shall be updated and revised by January 1, 1993. (d) As used in this section, "standardized schedule of rates" means a listing of the 14 rate classification levels, and the single rate established for each RCL. (e) Except as specified in paragraph (1), the department shall determine the RCL for each group home program on a prospective basis, according to the level of care and services that the group home operator projects will be provided during the period of time for which the rate is being established. (1) (A) (i) For new and existing providers requesting the establishment of an RCL, and for existing group home programs requesting an RCL increase, the department shall determine the RCL no later than 13 months after the effective date of the provisional rate. The determination of the RCL shall be based on a program audit of documentation and other information that verifies the level of care and supervision provided by the group home program during a period of the two full calendar months or 60 consecutive days, whichever is longer, preceding the date of the program audit, unless the group home program requests a lower RCL. The program audit shall not cover the first six months of operation under the provisional rate. (ii) For audit purposes, if the group home program serves a mixture of AFDC-FC eligible and ineligible children, the weighted hours for child care and social work services provided and the capacity of the group home shall be adjusted by the ratio of AFDC-FC eligible children to all children in placement. (iii) Pending the department's issuance of the program audit report that determines the RCL for the group home program, the group home program shall be eligible to receive a provisional rate that shall be based on the level of care and service that the group home program proposes it will provide. The group home program shall be eligible to receive only the RCL determined by the department during the pendency of any appeal of the department's RCL determination. (B) A group home program may apply for an increase in its RCL no earlier than two years from the date the department has determined the group home program's rate, unless the host county, the primary placing county, or a regional consortium of counties submits to the department in writing that the program is needed in that county, that the provider is capable of effectively and efficiently operating the proposed program, and that the provider is willing and able to accept AFDC-FC children for placement who are determined by the placing agency to need the level of care and services that will be provided by the program. (C) To ensure efficient administration of the department's audit responsibilities, and to avoid the fraudulent creation of records, group home programs shall make records that are relevant to the RCL determination available to the department in a timely manner. Except as provided in this section, the department may refuse to consider, for purposes of determining the rate, any documents that are relevant to the determination of the RCL that are not made available by the group home provider by the date the group home provider requests a hearing on the department's RCL determination. The department may refuse to consider, for purposes of determining the rate, the following records, unless the group home provider makes the records available to the department during the fieldwork portion of the department's program audit: (i) Records of each employee's full name, home address, occupation, and social security number. (ii) Time records showing when the employee begins and ends each work period, meal periods, split shift intervals, and total daily hours worked. (iii) Total wages paid each payroll period. (iv) Records required to be maintained by licensed group home providers under Title 22 of the California Code of Regulations that are relevant to the RCL determination. (D) To minimize financial abuse in the startup of group home programs, when the department's RCL determination is more than three levels lower than the RCL level proposed by the group home provider, and the group home provider does not appeal the department's RCL determination, the department shall terminate the rate of a group home program 45 days after issuance of its program audit report. When the group home provider requests a hearing on the department's RCL determination, and the RCL determined by the director under subparagraph (E) is more than three levels lower than the RCL level proposed by the group home provider, the department shall terminate the rate of a group home program within 30 days of issuance of the director's decision. Notwithstanding the reapplication provisions in subparagraph (B), the department shall deny any request for a new or increased RCL from a group home provider whose RCL is terminated pursuant to this subparagraph, for a period of no greater than two years from the effective date of the RCL termination. (E) A group home provider may request a hearing of the department' s RCL determination under subparagraph (A) no later than 30 days after the date the department issues its RCL determination. The department's RCL determination shall be final if the group home provider does not request a hearing within the prescribed time. Within 60 days of receipt of the request for hearing, the department shall conduct a hearing on the RCL determination. The standard of proof shall be the preponderance of the evidence and the burden of proof shall be on the department. The hearing officer shall issue the proposed decision within 45 days of the close of the evidentiary record. The director shall adopt, reject, or modify the proposed decision, or refer the matter back to the hearing officer for additional evidence or findings within 100 days of issuance of the proposed decision. If the director takes no action on the proposed decision within the prescribed time, the proposed decision shall take effect by operation of law. (2) Group home programs that fail to maintain at least the level of care and services associated with the RCL upon which their rate was established shall inform the department. The department shall develop regulations specifying procedures to be applied when a group home fails to maintain the level of services projected, including, but not limited to, rate reduction and recovery of overpayments. (3) The department shall not reduce the rate, establish an overpayment, or take other actions pursuant to paragraph (2) for any period that a group home program maintains the level of care and services associated with the RCL for children actually residing in the facility. Determinations of levels of care and services shall be made in the same way as modifications of overpayments are made pursuant to paragraph (2) of subdivision (b) of Section 11466.2. (4) A group home program that substantially changes its staffing pattern from that reported in the group home program statement shall provide notification of this change to all counties that have placed children currently in care. This notification shall be provided whether or not the RCL for the program may change as a result of the change in staffing pattern. (f) (1) The standardized schedule of rates for the 2002-03, 2003-04, 2004-05, 2005-06, 2006-07, and 2007-08 fiscal years is: FY 2002-03, 2003-04, 2004- 05, 2005-06, 2006-07, and 2007-08 Rate Classification Point ranges Standard Rate Level 1 Under 60 $1,454 2 60-89 1,835 3 90-119 2,210 4 120-149 2,589 5 150-179 2,966 6 180-209 3,344 7 210-239 3,723 8 240-269 4,102 9 270-299 4,479 10 300-329 4,858 11 330-359 5,234 12 360-389 5,613 13 390-419 5,994 14 420 & Up 6,371 (2) (A) For group home programs that receive AFDC-FC payments for services performed during the 2002-03, 2003-04, 2004-05, 2005-06, 2006-07, 2007-08, 2008-09, and 2009-10 fiscal years, the adjusted RCL point ranges below shall be used for establishing the biennial rates for existing programs, pursuant to paragraph (3) of subdivision (a) and in performing program audits and in determining any resulting rate reduction, overpayment assessment, or other actions pursuant to paragraph (2) of subdivision (e): Adjusted Point Ranges for the 2002-03, 2003-04, Rate 2004-05, 2005-06, 2006-07, Classification 2007-08, 2008-09, and 2009- Level 10 Fiscal Years 1 Under 54 2 54-81 3 82-110 4 111-138 5 139-167 6 168-195 7 196-224 8 225-253 9 254-281 10 282-310 11 311-338 12 339-367 13 368-395 14 396 & Up (B) Notwithstanding subparagraph (A), foster care providers operating group homes during the 2002-03, 2003-04, 2004-05, 2005-06, 2006-07, 2007-08, 2008-09, and 2009-10 fiscal years shall remain responsible for ensuring the health and safety of the children placed in their programs in accordance with existing applicable provisions of the Health and Safety Code and community care licensing regulations, as contained in Title 22 of the California Code of Regulations. (C) Subparagraph (A) shall not apply to program audits of group home programs with provisional rates established pursuant to paragraph (1) of subdivision (e). For those program audits, the RCL point ranges in paragraph (1) shall be used. (D) Rates applicable for the 2009-10 fiscal year pursuant to the act that adds this subparagraph shall be effective October 1, 2009. (3) (A) For group home programs that receive AFDC-FC payments for services performed during the 2009-10 fiscal year the adjusted RCL point ranges below shall be used for establishing the biennial rates for existing programs, pursuant to paragraph (3) of subdivision (a) and in performing program audits and in determining any resulting rate reduction, overpayment assessment, or other actions pursuant to paragraph (2) of subdivision (e): Rate Adjusted Point Ranges Classification for the 2009-10 Level Fiscal Years 1 Under 39 2 39-64 3 65-90 4 91-115 5 116-141 6 142-167 7 168-192 8 193-218 9 219-244 10 245-270 11 271-295 12 296-321 13 322-347 14 348 & Up (B) Notwithstanding subparagraph (A), foster care providers operating group homes during the 2009-10 fiscal year shall remain responsible for ensuring the health and safety of the children placed in their programs in accordance with existing applicable provisions of the Health and Safety Code and community care licensing regulations as contained in Title 22 of the California Code of Regulations. (C) Subparagraph (A) shall not apply to program audits of group home programs with provisional rates established pursuant to paragraph (1) of subdivision (e). For those program audits, the RCL point ranges in paragraph (1) shall be used. (g) (1) (A) For the 1999-2000 fiscal year, the standardized rate for each RCL shall be adjusted by an amount equal to the California Necessities Index computed pursuant to the methodology described in Section 11453. The resultant amounts shall constitute the new standardized schedule of rates, subject to further adjustment pursuant to subparagraph (B). (B) In addition to the adjustment in subparagraph (A), commencing January 1, 2000, the standardized rate for each RCL shall be increased by 2.36 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new standardized schedule of rates. (2) Beginning with the 2000-01 fiscal year, the standardized schedule of rates shall be adjusted annually by an amount equal to the CNI computed pursuant to Section 11453, subject to the availability of funds. The resultant amounts shall constitute the new standardized schedule of rates. (3) Effective January 1, 2001, the amount included in the standard rate for each Rate Classification Level (RCL) for the salaries, wages, and benefits for staff providing child care and supervision or performing social work activities, or both, shall be increased by 10 percent. This additional funding shall be used by group home programs solely to supplement staffing, salaries, wages, and benefit levels of staff specified in this paragraph. The standard rate for each RCL shall be recomputed using this adjusted amount and the resultant rates shall constitute the new standardized schedule of rates. The department may require a group home receiving this additional funding to certify that the funding was utilized in accordance with the provisions of this section. (4) Effective January 1, 2008, the amount included in the standard rate for each RCL for the wages for staff providing child care and supervision or performing social work activities, or both, shall be increased by 5 percent, and the amount included for the payroll taxes and other employer-paid benefits for these staff shall be increased from 20.325 percent to 24 percent. The standard rate for each RCL shall be recomputed using these adjusted amounts, and the resulting rates shall constitute the new standardized schedule of rates. (5) The new standardized schedule of rates as provided for in paragraph (4) shall be reduced by 10 percent, effective October 1, 2009, and the resulting rates shall constitute the new standardized schedule of rates. (6) The rates of licensed group home providers, whose rates are not established under the standardized schedule of rates, shall be reduced by 10 percent, effective October 1, 2009. (h) The standardized schedule of rates pursuant to subdivisions (f) and (g) shall be implemented as follows: (1) Any group home program that received an AFDC-FC rate in the prior fiscal year at or above the standard rate for the RCL in the current fiscal year shall continue to receive that rate. (2) Any group home program that received an AFDC-FC rate in the prior fiscal year below the standard rate for the RCL in the current fiscal year shall receive the RCL rate for the current year. (i) (1) The department shall not establish a rate for a new program of a new or existing provider, or for an existing program at a new location of an existing provider, unless the provider submits a letter of recommendation from the host county, the primary placing county, or a regional consortium of counties that includes all of the following: (A) That the program is needed by that county. (B) That the provider is capable of effectively and efficiently operating the program. (C) That the provider is willing and able to accept AFDC-FC children for placement who are determined by the placing agency to need the level of care and services that will be provided by the program. (D) That, if the letter of recommendation is not being issued by the host county, the primary placing county has notified the host county of its intention to issue the letter and the host county was given the opportunity of 30 days to respond to this notification and to discuss options with the primary placing county. (2) The department shall encourage the establishment of consortia of county placing agencies on a regional basis for the purpose of making decisions and recommendations about the need for, and use of, group home programs and other foster care providers within the regions. (3) The department shall annually conduct a county-by-county survey to determine the unmet placement needs of children placed pursuant to Section 300 and Section 601 or 602, and shall publish its findings by November 1 of each year. (j) The department shall develop regulations specifying ratesetting procedures for program expansions, reductions, or modifications, including increases or decreases in licensed capacity, or increases or decreases in level of care or services. (k) For the purpose of this subdivision, "program change" means any alteration to an existing group home program planned by a provider that will increase the RCL or AFDC-FC rate. An increase in the licensed capacity or other alteration to an existing group home program that does not increase the RCL or AFDC-FC rate shall not constitute a program change. (l) General unrestricted or undesignated private charitable donations and contributions made to charitable or nonprofit organizations shall not be deducted from the cost of providing services pursuant to this section. The donations and contributions shall not be considered in any determination of maximum expenditures made by the department.  (m) (1) This section shall become inoperative on January 1, 2017, except that this section shall continue to apply, until January 1, 2018, to a group home that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11462.04.   (2) This section is repealed as of January 1, 2018, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.   SEC. 52.   Section 11462 is added to the   Welfare and Institutions Code   , to read:   11462. (a) The department shall commence development of a new payment structure for short-term residential treatment center program placements claiming Title IV-E funding. (b) The department shall develop a rate system that includes consideration of all of the following factors: (1) Core services provided that encompass community service and supports, permanency-related services, medical and mental health support and access to services, educational support, life and social support, transitional support services upon discharge, biological parent and resource family supports, and services for nonminor dependents. (2) Staff training. (3) Health and Safety Code requirements. (4) Accreditation that includes: (A) Provision for all licensed foster family agencies to maintain in good standing accreditation from a nationally recognized accreditation agency with expertise in programs for youth group care facilities, as determined by the department. (B) Promulgation by the department of information identifying that agency or agencies from which accreditation shall be required. (C) Provision for timely reporting to the department of any change in accreditation status. (5) Mental health certification, including a requirement to timely report to the department any change in mental health certificate status. (6) Maximization of federal financial participation under Title IV-E and Title XIX of the Social Security Act. (c) The department shall develop a system of governmental monitoring and oversight that shall be carried out in coordination with the State Department of Health Care Services. Oversight responsibilities shall include, but not be limited to, ensuring conformity with federal and state law, including program, fiscal, and health and safety audits and reviews. (d) This section shall become operative on January 1, 2017.   SEC. 53.   Section 11462.01 of the   Welfare and Institutions Code   is amended to read:  11462.01. (a) Commencing July 1, 1994, a group home program shall be classified at RCL 13 or RCL 14 if the program meets all of the following requirements: (1) The group home program is providing, or has proposed to provide, the level of care and services necessary to generate sufficient points in the ratesetting process to be classified at RCL 13 if the rate application is for RCL 13 or to be classified at RCL 14 if the rate application is for RCL 14. (2) (A) (i) The group home provider shall agree not to accept for placement into a group home program AFDC-FC funded children, including voluntary placements and seriously emotionally disturbed children placed out-of-home pursuant to an individualized education program developed under Section 7572.5 of the Government Code, who have not been approved for placement by an interagency placement committee, as described by Section 4096. The approval shall be in writing and shall indicate that the interagency placement committee has determined the child is seriously emotionally disturbed, as defined by Section 5600.3 and subject to Section 1502.4 of the Health and Safety Code, and that the child needs the level of care provided by the group home. (ii) For purposes of clause (i), group home providers who accept seriously emotionally disturbed children who are assessed and placed out-of-home pursuant to an individualized education program developed under Section 7572.5 of the Government Code shall be deemed to have met the interagency placement committee approval for placement requirements of clause (i) if the individualized education program assessment indicates that the child has been determined to be seriously emotionally disturbed, as defined in Section 5600.3 and subject to Section 1502.4 of the Health and Safety Code, and needs the level of care described in clause (i). (B) (i) Nothing in this subdivision shall prevent the emergency placement of a child into a group home program prior to the determination by the interagency placement committee pursuant to subclause (i) of subparagraph (A) if a licensed mental health professional, as defined in the department's AFDC-FC ratesetting regulations, has evaluated, in writing, the child within 72 hours of placement, and determined the child to be seriously emotionally disturbed and in need of the care and services provided by the group home program. (ii) The interagency placement committee shall, within 30 days of placement pursuant to clause (i), make the determination required by clause (i) of subparagraph (A). (iii) If, pursuant to clause (ii), the placement is determined to be appropriate, the committee shall transmit the approval, in writing, to the county placing agency and the group home provider. (iv) If, pursuant to clause (ii) the placement is determined not to be appropriate, the child shall be removed from the group home and referred to a more appropriate placement, as specified in subdivision (f). (C) Commencing December 15, 1992, with respect to AFDC-FC funded children, only those children who are approved for placement by an interagency placement committee may be accepted by a group home under this subdivision. (3) The group home program is certified by the State Department of Health Care Services pursuant to Section 4096.5. (b) The department shall not establish a rate for a group home requesting a program change to RCL 13 or RCL 14 unless the group home provider submits a recommendation from the host county or the primary placing county that the program is needed and that the provider is willing and capable of operating the program at the level sought. For purposes of this subdivision, "host county," "primary placing county," and "program change" mean the same as defined in the department's AFDC-FC ratesetting regulations. (c) The effective date of rates set at RCL 13 or RCL 14 shall be the date that all the requirements are met, but not prior to July 1 of that fiscal year. Nothing in this section shall affect RCL 13 or RCL 14 ratesetting determinations in prior years. (d) Any group home program that has been classified at RCL 13 or RCL 14 pursuant to the requirements of subdivision (a) shall be reclassified at the appropriate lower RCL with a commensurate reduction in rate if either of the following occurs: (1) The group home program fails to maintain the level of care and services necessary to generate the necessary number of points for RCL 13 or RCL 14, as required by paragraph (1) of subdivision (a). The determination of points shall be made consistent with the department's AFDC-FC ratesetting regulations for other rate classification levels. (2) The group home program fails to maintain a certified mental health treatment program as required by paragraph (3) of subdivision (a). (3) In the event of a determination under paragraph (1), the group home may appeal the finding or submit a corrective action plan. The appeal process specified in Section 11466.6 shall be available to RCL 13 and RCL 14 group home providers. During any appeal, the group home shall maintain the appropriate level of care. (e) The interagency placement committee shall periodically review, but no less often than that required by current law, the placement of the child. If the committee determines that the child no longer needs, or is not benefiting from, placement in a RCL 13 or RCL 14 group home, the committee shall require the removal of the child and a new disposition. (f) (1) (A) If, at any time subsequent to placement in an RCL 13 or RCL 14 group home program, the interagency placement committee determines either that the child is not seriously emotionally disturbed or is not in need of the care and services provided by the group home program, it shall notify, in writing, both the county placing agency and the group home provider within 10 days of the determination. (B) The county placing agency shall notify the group home provider, in writing, within five days from the date of the notice from the committee, of the county's plan for removal of the child. (C) The county placing agency shall remove the child from the group home program within 30 days from the date of the notice from the interagency placement committee. (2) (A) If a county placing agency does not remove a child within 30 days from the date of the notice from the interagency placement committee, the group home provider shall notify the interagency placement committee and the department, in writing, of the county's failure to remove the child from the group home program. (B) The group home provider shall make the notification required by subparagraph (A) within five days of the expiration of the 30-day removal period. If notification is made, a group home provider shall not be subject to an overpayment determination due to failure of the county placing agency to remove the child. (3) Any county placing agency that fails to remove a child from a group home program under this paragraph within 30 days from the date of the notice from the interagency placement committee shall be assessed a penalty in the amount of the state and federal financial participation in the AFDC-FC rate paid on behalf of the child commencing on the 31st day and continuing until the child is removed. (g) (1) If any RCL 13 or RCL 14 group home provider discovers that it does not have written approval for placement of any AFDC-FC funded child placed on or after December 15, 1992, from the interagency placement committee, it shall notify the county placing agency, in writing, and shall request the county to obtain approval from the interagency placement committee or remove the child from the group home program. A group home provider shall have 30 days from the child's first day of placement to discover the placement error and to notify the county placing agency. (2) Any county placing agency that receives notification pursuant to paragraph (2) of subdivision (f) shall obtain approval for placement from the interagency placement committee or remove the child from the group home program within 30 days from the date of the notice from the group home provider. The program shall not be reclassified to a lower RCL for a violation of the provisions referred to in this paragraph. (3) (A) If a county placing agency does not have the placement of a child approved by the interagency placement committee or removed from the group home within 30 days from the date of the notice from the group home provider, the group home provider shall notify the county placing agency and the department, in writing, of the county's failure to have the placement of the child approved or remove the child from the group home program. (B) The group home provider shall make the notification required by subparagraph (A) within five days after the expiration of the 30-day approval or removal period. If notification is made, a group home provider shall not be subject to an overpayment determination due to failure of the county placing agency to remove the child. (C) Any group home provider that fails to notify the county placing agency pursuant to subparagraph (A) shall be assessed a penalty in the amount of the AFDC-FC rate paid to the group home provider on behalf of the child commencing on the 31st day of placement and continuing until the county placing agency is notified. (4) Any county placing agency that fails to have the placement of a child approved or to have the child removed from the group home program within 30 days shall be assessed a penalty in the amount of the state and federal financial participation in the AFDC-FC rate paid on behalf of the child commencing on the 31st day of placement and continuing until the child is removed. (h) The department shall develop regulations to obtain payment of assessed penalties as provided in this section. For audit purposes and the application of penalties for RCL 13 and RCL 14 programs, the department shall apply statutory provisions that were in effect during the period for which the audit was conducted. (i) (1) Nothing in this subparagraph shall prohibit a group home classified at RCL 13 or RCL 14 for purposes of the AFDC-FC program, from accepting private placements of children. (2)  In cases where   When  a referral is not from a public agency and no public funding is involved, there shall be no requirement for public agency review or determination of need. (3) Children subject to paragraphs (1) and (2) shall have been assessed as seriously emotionally disturbed, as defined in Section 5600.3 and subject to Section 1502.4 of the Health and Safety Code, by a licensed mental health professional, as defined in Sections 629 to 633, inclusive, of Title 9 of the California Code of Regulations. (j) A child shall not be placed in a group home program classified at an RCL 13 or RCL 14 if the placement is paid for with county-only funds unless the child is assessed as seriously emotionally disturbed, as defined in Section 5600.3, subject to Section 1502.4 of the Health and Safety Code, by a licensed mental health professional, as defined in Sections 629 to 633, inclusive, of Title 9 of the California Code of Regulations.  (k) (1) This section shall become inoperative on January 1, 2017, except that this section shall continue to apply, until January 1, 2018, to a group home that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11462.04.   (2) This section is repealed as of January 1, 2018, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.   SEC. 54.   Section 11462.01 is added to the   Welfare and Institutions Code   , to read:   11462.01. (a) All short-term residential treatment centers, and foster family agencies that provide treatment services, shall maintain in good standing the appropriate mental health certification issued by the State Department of Health Care Services or a county to which the department has delegated certification authority pursuant to Section 4096.5, and additionally shall meet all of the following requirements: (1) Maintain the level of care and services necessary to meet the needs of the children in care. (2) Agree not to accept for placement AFDC-FC funded children, including voluntary placements and seriously emotionally disturbed children placed out-of-home pursuant to an individualized education program developed under Section 7572.5 of the Government Code, who have not been approved in writing for placement by the child and family team or the interagency placement committee, as described in Section 4096. (A) The written approval shall indicate both of the following: (i) The child is seriously emotionally disturbed, as defined by Section 5600.3 and subject to Section 1502.4 of the Health and Safety Code. (ii) The child needs the level of care provided by the short-term residential treatment center or foster family agency that provides treatment services. (B) Seriously emotionally disturbed children who are assessed and placed out-of-home pursuant to an individualized education program developed under Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1 of the Government Code shall be deemed to have met the placement requirements of clause (i) of subparagraph (A) only if the individualized education program assessment indicates that the child has been determined to be seriously emotionally disturbed, as defined in Section 5600.3 and subject to Section 1502.4 of the Health and Safety Code, and needs the level of care described in subparagraph (A). (C) Nothing in this subdivision shall prevent an emergency placement of a child into a short-term residential treatment center or foster family agency that provides treatment services prior to the determination by the child and family team or interagency placement committee, as applicable, pursuant to subparagraph (A), but only if a licensed mental health professional, as defined in the department's AFDC-FC ratesetting regulations, has made a written determination within 72 hours of the child's placement, that the child is seriously emotionally disturbed and is in need of the care and services provided by the short-term residential treatment center or foster family agency that provides treatment services. (D) (i) The child and family team or interagency placement committee, as appropriate, shall, within 30 days of placement, make the determinations required by subparagraph (A). (ii) If it determines the placement is appropriate, the child and family team or interagency placement committee, as appropriate, shall transmit the approval, in writing, to the county placing agency and the short-term residential treatment center or foster family agency that provides treatment services. (iii) If it determines the placement is not appropriate, the child and family team or interagency placement committee, as appropriate, shall transmit the disapproval, in writing, to the county placing agency and the short-term residential treatment center or foster family agency that provides treatment services, and the child shall be referred to an appropriate placement, as specified in subdivision (f). (E) Commencing January 1, 2017, for AFDC-FC funded children, only those children who are approved for placement by the child and family team or interagency placement committee, as appropriate, may be accepted by a short-term residential treatment center or foster family agency that provides treatment services. (F) The department shall, through regulation, establish consequences for the failure of a short-term residential treatment center, or a foster family agency that provides treatment services, to obtain written approval for placement of an AFDC-FC funded child from the child and family team or interagency placement committee. (3) The short-term residential treatment center, or foster family agency that provides treatment services, shall be certified by the State Department of Health Care Services or a county to which the department has delegated certification authority pursuant to Section 4096.5. (b) The department shall not establish a rate for a short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment unless the provider submits a recommendation from the host county or the primary placing county that the program is needed and that the provider is willing and capable of operating the program at the level sought. For purposes of this subdivision, "host county," and "primary placing county," mean the same as defined in the department's AFDC-FC ratesetting regulations. (c) The effective date of rates set for a short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment shall be the date that all the requirements are met. (d) Any short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment pursuant to subdivision (a) shall be reclassified and paid at the appropriate program rate for which it is qualified if either of the following occurs: (1) (A) It fails to maintain the level of care and services necessary to meet the needs of the children in care, as required by paragraph (1) of subdivision (a). The determination shall be made consistent with the department's AFDC-FC ratesetting regulations developed pursuant to Sections 11462 and 11463 and shall take into consideration the highest level of care and associated rates for which the program is eligible. (B) In the event of a determination under this paragraph, the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment may appeal the finding or submit a corrective action plan. The appeal process specified in Section 11466.6 shall be available to a short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment. During any appeal, the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment shall maintain the appropriate level of care. (2) It fails to maintain a certified mental health treatment program as required by paragraph (3) of subdivision (a). (e) In addition to any other review required by law, the child and family team referenced in Sections 831 and 16501 shall periodically review the placement of the child. If the child and family team determines that the child no longer needs, or is not benefiting from, placement in a short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment, the team shall transmit the disapproval, in writing, to the county placing agency and the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment, and the child shall be referred to an appropriate placement. (f) The department shall develop a process to address placements when, subsequent to the child's placement, a determination is made by the interagency placement team or the child and family team, either that the child is not seriously emotionally disturbed or is not in need of the care and services provided by the certified program. The process shall include, but not be limited to: (1) Notice of the determination in writing to both the county placing agency and the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment. (2) Notice of the county's plan, and a time frame, for removal of the child in writing to the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment. (3) Referral to an appropriate placement. (4) Actions to be taken if a child is not timely removed from the short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment or placed in an appropriate placement. (g) (1) Nothing in this section shall prohibit a short-term residential treatment center or foster family agency that provides intensive and therapeutic treatment for purposes of the AFDC-FC program, from accepting private placements of children. (2) When a referral is not from a public agency and no public funding is involved, there is no requirement for public agency review nor determination of need. (3) Children subject to paragraphs (1) and (2) shall have been determined to be seriously emotionally disturbed, as defined in Section 5600.3 and subject to Section 1502.4 of the Health and Safety Code, by a licensed mental health professional.   SEC. 55.   Section 11462.02 of the   Welfare and Institutions Code   is amended to read:  11462.02.  (a)    Notwithstanding paragraph (2) of subdivision (a) of Section 11462, a foster care provider licensed as a group home may also have a rate established if the group home is operated by the County of San Mateo, as provided by subdivision (h) of Section 11400.  (b) (1) This section shall become inoperative on January 1, 2017, except that this section shall continue to apply, until January 1, 2018, to a group home that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11462.04.   (2) This section is repealed as of January 1, 2018, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.   SEC. 56.   Section 11462.02 is added to the   Welfare and Institutions Code   , to read:   11462.02. (a) Any existing county-operated foster family agency or group home, including the group home operated by the County of San Mateo, shall, commencing January 1, 2017, be classified as, and shall meet all of the requirements of, a foster family agency or a short-term residential treatment center, as set forth respectively in subdivisions (e) and (f) of Section 11402, to be eligible to receive AFDC-FC funds. (b) Notwithstanding any other law, the State Department of Social Services may license a county as a foster family agency or as a short-term residential treatment center. (c) If a county exercises its option to operate a foster family agency or a short-term residential treatment center, the county shall submit an application and shall comply with the requirements of Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code related to a foster family agency programs or short-term residential treatment center, as applicable. (d) A county that requests, and is granted, a license for a foster family agency or short-term residential treatment center shall apply for an AFDC-FC rate pursuant to Section 11463 or 11462, as applicable. (e) As a condition for eligibility for an AFDC-FC rate for a short-term residential treatment center or a foster family agency, the county shall comply with all applicable law concerning a short-term residential treatment center or foster family agency, including, but not limited to, the following provisions related to licensing, rate, audit, due process, enforcement, and overpayment collection: (1) Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code. (2) Article 10 (commencing with Section 360) of Chapter 2 of Part 1 of Division 2 of this code. (3) Article 18 (commencing with Section 725) of Chapter 2 of Part 1 of Division 2 of this code. (4) Article 22 (commencing with Section 825) of Chapter 2 of Part 1 of Division 2 of this code. (5) Article 5 (commencing with Section 11400) of Chapter 2 of Part 3 of Division 9 of this code. (6) Article 6 (commencing with Section 11450) of Chapter 2 of Part 3 of Division 9 of this code. (f) The state is not obligated under Section 36 of Article XIII of the California Constitution to provide any annual funding to a county to comply with this section; with any regulation, executive order, or administrative order implementing this section; or with any federal statute or regulation related to this section, because the county's operation of a licensed short-term residential treatment center or foster family agency is optional for the county and is not required by this section. (g) Counties licensed to operate a foster family agency or short-term residential treatment center shall, as a condition to receiving payment, ensure that its conflict of interest mitigation plan, submitted to the department pursuant to subdivision (b) of Section 1506.1 and subdivision (c) of Section 1562.01 of the Health and Safety Code, addresses, but is not limited to, the following: (1) A decision to place children in a county-operated facility when alternative appropriate placement options exist. (2) The reporting by county staff to the department or other agencies of observed noncompliant conditions or health and safety concerns in county-operated foster family agencies or short-term residential treatment centers. (3) The cross-reporting of reports received from mandatory child abuse and neglect reporters involving county-operated foster family agencies and short-term residential treatment center programs. (4) Disclosures of fatalities and near fatalities of children placed in county-operated foster family agencies and short-term residential treatment centers.   SEC. 57.   Section 11462.04 of the   Welfare and Institutions Code   is amended to read:  11462.04. (a) Notwithstanding any other law, no new group home rate or change to an existing rate shall be established pursuant to Section 11462. An application shall not be accepted or processed for any of the following: (1) A new program. (2) A new provider. (3) A program change, such as a rate classification level (RCL) increase. (4) A program capacity increase. (5) A program reinstatement. (b) Notwithstanding subdivision (a), the department may grant exceptions as appropriate on a case-by-case basis, based upon a written request and supporting documentation provided by county placing agencies, including county welfare or probation directors. (c)  (1)    For the 2012-13, 2013-14, and 2014-15 fiscal years, notwithstanding subdivision (b), for any program below RCL 10, the only exception that may be sought and granted pursuant to this section is for an application requesting a program change, such as an RCL increase. The authority to grant other exceptions does not apply to programs below RCL 10 during these fiscal years.  (2) Notwithstanding paragraph (1), commencing January 1, 2017, no exception shall be granted for any program below RCL 10.   (d) This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.   SEC. 58.   Section 11462.04 is added to the   Welfare and Institutions Code   , to read:   11462.04. (a) Notwithstanding any other law, commencing January 1, 2017, no new group home rate or change to an existing rate shall be established pursuant to the Rate Classification Level (RCL) system. (b) Notwithstanding subdivision (a), the department may grant an exception as appropriate, on a case-by-case basis, when a written request and supporting documentation are provided by a county placing agency, including a county welfare or probation director, that absent the granting of that exception, there is a material risk to the welfare of children due to an inadequate supply of appropriate alternative placement options to meet the needs of children. (c) For group homes being paid under the RCL system, and those granted an exception pursuant to paragraph (b), group home rates shall terminate on December 31, 2016, unless granted an extension under the exception process in subdivision (d). (d) A group home may request an exception to extend its rate as follows: (1) The department may grant an extension for up to one year, through December 31, 2017, on a case-by-case basis, when a written request and supporting documentation are provided by a county placing agency, including a county welfare or probation director, that absent the granting of that exception, there is a material risk to the welfare of children due to an inadequate supply of appropriate alternative placement options to meet the needs of children. The exception may include time to meet the program accreditation requirement or the mental health certification requirement. (2) The exception shall allow the provider to continue to receive the rate under the prior ratesetting system. (e) Upon termination of an existing group home rate under the RCL system, a new rate shall not be paid until an application is approved and a rate is granted by the department pursuant to Section 11462 as a short-term residential treatment center or pursuant to Section 11463 as a foster family agency. (f) The department shall, in the development of the new rate structures, consider and provide for placement of all children who are displaced as a result of reclassification of treatment facilities. (g) This section shall become inoperative on January 1, 2017.   SEC. 59.   Section 11463 of the  Welfare and Institutions Code   is amended to read:  11463. (a) (1) The department, with the advice, assistance, and cooperation of the counties and foster care providers, shall develop, implement, and maintain a ratesetting system for foster family agencies. (2) No county shall be reimbursed for any percentage increases in payments, made on behalf of AFDC-FC funded children who are placed with foster family agencies, that exceed the percentage cost-of-living increase provided in any fiscal year beginning on January 1, 1990, as specified in subdivision (c) of Section 11461. (b) The department shall develop regulations specifying the purposes, types, and services of foster family agencies, including the use of those agencies for the provision of emergency shelter care. A distinction, for ratesetting purposes, shall be drawn between foster family agencies that provide treatment of children in foster families and those that provide nontreatment services. (c) The department shall develop and maintain regulations specifying the procedure for the appeal of department decisions about the setting of an agency's rate. (d) On and after July 1, 1998, the schedule of rates, and the components used in the rate calculations specified in the department' s regulations, for foster family agencies shall be increased by 6 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new schedule of rates for foster family agencies. (e) (1) On and after July 1, 1999, the schedule of rates and the components used in the rate calculations specified in the department' s regulations for foster family agencies shall be adjusted by an amount equal to the California Necessities Index computed pursuant to Section 11453, rounded to the nearest dollar, subject to the availability of funds. The resultant amounts shall constitute the new schedule of rates for foster family agencies, subject to further adjustment pursuant to paragraph (2). (2) In addition to the adjustment specified in paragraph (1), commencing January 1, 2000, the schedule of rates and the components used in the rate calculations specified in the department's regulations for foster family agencies shall be increased by 2.36 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new schedule of rates for foster family agencies. (f) For the 1999-2000 fiscal year, foster family agency rates that are not determined by the schedule of rates set forth in the department's regulations, shall be increased by the same percentage as provided in subdivision (e). (g) (1) For the 2000-01 fiscal year and each fiscal year thereafter, the foster family agency rate shall be supplemented by one hundred dollars ($100) for clothing per year per child in care, subject to the availability of funds. The supplemental payment shall be used to supplement, and shall not be used to supplant, any clothing allowance paid in addition to the foster family agency rate. (2) Notwithstanding paragraph (1), commencing with the 2012-13 fiscal year, and each fiscal year thereafter, no supplemental clothing allowance shall be provided, because the rate issued in accordance with paragraph (1) of subdivision (m) takes the cost of clothing into account. (h) In addition to the adjustment made pursuant to subdivision (e), the component for social work activities in the rate calculation specified in the department's regulations for foster family agencies shall be increased by 10 percent, effective January 1, 2001. This additional funding shall be used by foster family agencies solely to supplement staffing, salaries, wages, and benefit levels of staff performing social work activities. The schedule of rates shall be recomputed using the adjusted amount for social work activities. The resultant amounts shall constitute the new schedule of rates for foster family agencies. The department may require a foster family agency receiving this additional funding to certify that the funding was utilized in accordance with the provisions of this section. (i) The increased rate provided by subparagraph (C) of paragraph (1) of subdivision (d) of Section 11461 shall not be used to compute the monthly amount that may be paid to licensed foster family agencies for the placement of children in certified foster homes. (j) The total foster family agency rate by age group in effect as of January 1, 2008, paid to licensed foster family agencies for the placement of children in certified foster family homes, shall be reduced by 10 percent, effective October 1, 2009. The foster family agency shall have flexibility in applying the reduction, however, nothing shall be deducted from the child base rate, as defined in departmental regulations. When the rate is restored to at least the rate in effect on September 1, 2009, the director shall issue the declaration described in Section 1506.3 of the Health and Safety Code. (k) Effective October 1, 2009, the total foster family agency rate by age group, in effect for those agency rates that are not determined by the schedule of rates set forth in the department's regulations, shall be reduced by the same percentage and in the same manner as provided for in subdivision (j). (l) (1) The department shall determine, consistent with the requirements of this section and other relevant requirements under law, the rate category for each foster family agency on a biennial basis. Submission of the biennial rate application shall be according to a schedule determined by the department. (2) The department shall adopt regulations to implement this subdivision. The adoption, amendment, repeal, or readoption of a regulation authorized by this subdivision is deemed to be necessary for the immediate preservation of the public peace, health and safety, or general welfare, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement to describe specific facts showing the need for immediate action. (m) (1) On and after July 1, 2012, the basic rate payment that shall be made to the certified parent pursuant to this section for care and supervision of a child who is living in a certified home of a foster family agency, as defined in Section 11400, shall equal the basic rate for children based in a licensed or approved home, as specified in paragraph (1) of subdivision (g) of Section 11461. (2) The basic rate payment to the certified parent made pursuant to paragraph (1) shall be adjusted annually on July 1, by the annual percentage change in the California Necessities Index, in accordance with paragraph (2) of subdivision (g) of Section 11461. The adjustment in this paragraph shall be in lieu of any adjustment pursuant to subdivision (e). (n) Notwithstanding any other law, the changes to the basic rate payment specified in subdivision (m) shall not change the remaining components of the foster family agency rate. The new foster family agency rate shall be increased only by the amounts specified pursuant to subdivision (m). The resulting amounts shall constitute the new schedule of rates for foster family agencies, which shall be issued by all-county letters or similar instructions from the department. (o) Beginning in the 2011-12 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code. (p) (1) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific the changes to this section made by the act that added this section, and amend and repeal regulations and orders subject to this section and adopted by the department by means of all-county letters or similar instructions from the department until regulations are adopted. The department shall adopt emergency regulations no later than July 1, 2014. The department may readopt any emergency regulation authorized by this section that is the same as, or substantially equivalent to, an emergency regulation previously adopted under this section. (2) The initial adoption of emergency regulations pursuant to this section and one readoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and each shall remain in effect for no more than 180 days, by which time final regulations may be adopted.  (q) (1) This section shall become inoperative on January 1, 2017, except that this section shall continue to apply, until January 1, 2018, to a group home that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11462.04 or to a foster family agency that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11463.1.   (2) This section is repealed as of January 1, 2018, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.   SEC. 60.   Section 11463 is added to the   Welfare and Institutions Code   , to read:   11463. (a) The department shall commence development of a new payment structure for the Title IV-E funded foster family agency placement option that maximizes federal funding. (b) The department shall develop a payment system for foster family agencies that provide nontreatment, treatment, intensive treatment, and therapeutic foster care programs, and shall consider all of the following factors: (1) Administrative activities that are eligible for federal financial participation provided, at county request, for and to licensed and approved family homes, such as placement of a child, case management and supervision, and recruitment and monitoring of family homes. (2) Social work activities that are eligible for federal financial participation under Title IV-E of the Social Security Act. (3) Social work and mental health services eligible for federal financial participation under Title XIX of the Social Security Act. (4) Intensive treatment or therapeutic services in the foster family agency. (5) Core services provided that encompass community services and supports, permanency-related services, medical and mental health support and access to services, educational support, life and social support, transitional support services upon discharge, biological parent and resource family supports, and services for nonminor dependents. (6) Staff training. (7) Health and Safety Code requirements. (8) A process for accreditation that includes all of the following: (A) Provision for all licensed foster family agencies to maintain in good standing accreditation from a nationally recognized accreditation agency with expertise in programs for youth group care facilities, as determined by the department. (B) Promulgation by the department of information identifying the agency or agencies from which accreditation shall be required. (C) Provision for timely reporting to the department of any change in accreditation status. (9) Mental health certification, including a requirement to timely report to the department any change in mental health certificate status. (10) Populations served, including, but not limited to, any of the following: (A) Seriously emotionally disturbed children placed out-of-home pursuant to an individualized education program developed under Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1 of the Government Code. (B) AFDC-FC children receiving intensive and therapeutic treatment services in a foster family agency. (C) AFDC-FC children receiving mental health treatment services from a group home. (11) Maximization of federal financial participation for Title IV-E and Title XIX of the Social Security Act. (c) The department shall develop a system of governmental monitoring and oversight that shall be carried out in coordination with the State Department of Health Care Services. Oversight responsibilities shall include, but not be limited to, ensuring conformity with federal and state law, including program, fiscal, and health and safety reviews. (d) The department shall consider the impact on youth being transitioned to alternate programs as a result of the new ratesetting system. (e) This section shall become operative on January 1, 2017.   SEC. 61.   Section 11463.1 is added to the   Welfare and Institutions Code  , to read:   11463.1. (a) Notwithstanding any other law, commencing January 1, 2017, no new foster family agency shall be established pursuant to the rate in effect through December 31, 2016. (b) Notwithstanding subdivision (a), the department may grant an exception as appropriate, on a case-by-case basis, when a written request and supporting documentation are provided by a county placing agency, including a county welfare or probation director, that absent the granting of that exception, there is a material risk to the welfare of children due to an inadequate supply of appropriate alternative placement options to meet the needs of children. (c) Rates for foster family agencies paid under the prior rate system, and those granted an exception pursuant to subdivision (b), shall terminate on December 31, 2016, unless granted an extension under the exception process in subdivision (d). (d) A foster family agency may request an exception to extend its rate as follows: (1) The department may grant an extension for up to one year, through December 31, 2017, on a case-by-case basis, when a written request and supporting documentation are provided by a county placing agency, including a county welfare or probation director, that absent the granting of that exception, there is a material risk to the welfare of children due to an inadequate supply of appropriate alternative placement options to meet the needs of children. The exception may include time to meet the accreditation requirement or the mental health certification requirement. (2) The exception shall allow the provider to continue to receive the rate under the prior ratesetting system. (e) Upon termination of an existing foster family agency rate under the prior rate system, a new rate shall not be paid until an application is approved and a rate is granted by the department pursuant to Section 11463 as a foster family agency or Section 11462 as a short-term residential treatment center. (f) The department shall, in the development of the new rate structures, consider and provide for placement of all children who are displaced as a result of reclassification of treatment facilities. (g) (1) This section shall become inoperative on January 1, 2017, except that this section shall continue to apply, until January 1, 2018, to a group home that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11462.04 or to a foster family agency that has been granted an extension pursuant to the exception process described in subdivision (d) of Section 11463.1. (2) This section is repealed as of January 1, 2018, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.   SEC. 62.   Section 11465 of the   Welfare and Institutions Code   is amended to read:  11465. (a) When a child is living with a parent who receives AFDC-FC or Kin-GAP benefits, the rate paid to the provider on behalf of the parent shall include an amount for care and supervision of the child. (b) For each category of eligible licensed community care facility, as defined in Section 1502 of the Health and Safety Code, the department shall adopt regulations setting forth a uniform rate to cover the cost of care and supervision of the child in each category of eligible licensed community care facility. (c) (1) On and after July 1, 1998, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 6 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate. (2) (A) On and after July 1, 1999, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be adjusted by an amount equal to the California Necessities Index computed pursuant to Section 11453, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate, subject to further adjustment pursuant to subparagraph (B). (B) In addition to the adjustment specified in subparagraph (A), on and after January 1, 2000, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 2.36 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate. (3) Subject to the availability of funds, for the 2000-01 fiscal year and annually thereafter, these rates shall be adjusted for cost of living pursuant to procedures in Section 11453. (4) On and after January 1, 2008, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 5 percent, rounded to the nearest dollar. The resulting amount shall constitute the new uniform rate. (d) (1) Notwithstanding subdivisions (a) to (c), inclusive, the payment made pursuant to this section for care and supervision of a child who is living with a teen parent in a whole family foster home, as defined in Section 11400, shall equal the basic rate for children placed in a licensed or approved home as specified in subdivisions (a) to (d), inclusive, and subdivision (g), of Section 11461. (2)  (A)    The amount paid for care and supervision of a dependent infant living with a dependent teen parent receiving AFDC-FC benefits in a group home placement shall equal the infant supplement rate for group home placements.  (B) Commencing January 1, 2017, the amount paid for care and supervision of a dependent infant living with a dependent parent receiving AFDC-FC benefits in a short-term residential treatment center shall equal the infant supplement rate for short-term residential treatment centers established by the department.  (3) (A) The caregiver shall provide the county child welfare agency or probation department with a copy of the shared responsibility plan developed pursuant to Section 16501.25 and shall advise the county child welfare agency or probation department of any subsequent changes to the plan. Once the plan has been completed and provided to the appropriate agencies, the payment made pursuant to this section shall be increased by an additional two hundred dollars ($200) per month to reflect the increased care and supervision while he or she is placed in the whole family foster home. (B) A nonminor dependent parent residing in a supervised independent living placement, as defined in subdivision (w) of Section 11400, who develops a written parenting support plan pursuant to Section 16501.26 shall provide the county child welfare agency or probation department with a copy of the plan and shall advise the county child welfare agency or probation department of any subsequent changes to the plan. The payment made pursuant to this section shall be increased by an additional two hundred dollars ($200) per month after all of the following have been satisfied: (i) The plan has been completed and provided to the appropriate county agency. (ii) The plan has been approved by the appropriate county agency. (iii) The county agency has determined that the identified responsible adult meets the criteria specified in Section 16501.27. (4) In a year in which the payment provided pursuant to this section is adjusted for the cost of living as provided in paragraph (1) of subdivision (c), the payments provided for in this subdivision shall also be increased by the same procedures. (5) A Kin-GAP relative who, immediately prior to entering the Kin-GAP program, was designated as a whole family foster home shall receive the same payment amounts for the care and supervision of a child who is living with a teen parent they received in foster care as a whole family foster home. (6) On and after January 1, 2012, the rate paid for a child living with a teen parent in a whole family foster home as defined in Section 11400 shall also be paid for a child living with a nonminor dependent parent who is eligible to receive AFDC-FC or Kin-GAP pursuant to Section 11403.  SEC. 63.   Section 11466 is added to the   Welfare and Institutions Code   , to read:   11466. For the purposes of this section to Section 114691.1, inclusive, "provider" shall mean a group home, short-term residential treatment center, a foster family agency that provides treatment services, and similar foster care business entities.   SEC. 64.   Section 11466.21 of the   Welfare and Institutions Code   is amended to read:  11466.21. (a) In accordance with subdivision (b), as a condition to receive an AFDC-FC rate for  a program including, but not limited to,  a group home  program or   ,  a foster family agency  program  that provides treatment services,  or a short-term residential treatment center,  the following shall apply: (1) Any provider who expends in combined federal funds an amount at or above the federal funding threshold in accordance with the federal Single Audit Act, as amended, and Office of Management and Budget (OMB) Circular A-133, shall arrange to have a financial audit conducted on an annual basis, and shall submit the annual financial audit to the department in accordance with regulations adopted by the department. (2) Any provider who expends in combined federal funds an amount below the federal funding threshold in accordance with the federal Single Audit Act, as amended, and Office of Management and Budget (OMB) Circular A-133, shall submit to the department a financial audit on its most recent fiscal period at least once every three years. The department shall provide timely notice to the providers of the date that submission of the financial audit is required. That date of submission of the financial audit shall be established in accordance with regulations adopted by the department. (3) The scope of the financial audit shall include all of the programs and activities operated by the provider and shall not be limited to those funded in whole or in part by the AFDC-FC program. The financial audits shall include, but not be limited to, an evaluation of the accounting and control systems of the provider. (4) The provider shall have its financial audit conducted by certified public accountants or by state-licensed public accountants who have no direct or indirect relationship with the functions or activities being audited, or with the provider, its board of directors, officers, or staff. (5) The provider shall have its financial audits conducted in accordance with Government Auditing Standards issued by the Comptroller General of the United States and in compliance with generally accepted accounting principles applicable to private entities organized and operated on a nonprofit basis. (6) (A) Each provider shall have the flexibility to define the calendar months included in its fiscal year. (B) A provider may change the definition of its fiscal year. However, the financial audit conducted following the change shall cover all of the months since the last audit, even though this may cover a period that exceeds 12 months. (b) (1) In accordance with subdivision (a), as a condition to receive an AFDC-FC rate that becomes effective on or after July 1, 2000, a provider shall submit a copy of its most recent financial audit report, except as provided in paragraph (3). (2) The department shall terminate the rate of a provider who fails to submit a copy of its most recent financial audit pursuant to subdivision (a). A terminated rate shall only be reinstated upon the provider's submission of an acceptable financial audit. (3) Effective July 1, 2000, a new provider that has been incorporated for fewer than 12 calendar months shall not be required to submit a copy of a financial audit to receive an AFDC-FC rate for a new program. The financial audit shall be conducted on the provider' s next full fiscal year of operation. The provider shall submit the financial audit to the department in accordance with subdivision (a). (c) The department shall implement this section through the adoption of emergency regulations.  SEC. 65.   Section 11466.22 of the   Welfare and Institutions Code   is amended to read:  11466.22. (a) It is the intent of the Legislature to ensure overall program integrity in the AFDC-FC program through the establishment of an effective and efficient process for the collection of  group home  provider sustained overpayments. Furthermore, the intent of the Legislature is to ensure that children placed in  an  AFDC-FC  group home program   programs, including, but not limited to, group homes, short-term residential treatment centers, and foster family   agencies that provide treatment services,  receive the level of care and supervision commensurate with the  group home  program's rate classification level. (b) For the purposes of this section, a  group home  provider is a licensee of  one or more group homes, as defined in subdivision (h) of Section 11400,   an AFDC-FC program listed in Section 11402, including, but not limited to,   a group home, short-term residential treatment center, foster family agency that provides treatment services, or a similar business entity,  receiving foster care maintenance payments under the AFDC-FC program. The department may collect a sustained overpayment from the party responsible for the sustained overpayment, regardless of whether the party remains in the business of providing  group home   any AFDC-FC  programs, and regardless of whether the  party   provider  remains licensed by the department. (c) For the purposes of this section, a  group home  provider overpayment is an overpayment that results in an audit period when a  group home  provider receives a rate reimbursement to which it is not entitled. If a  group home  provider receives a rate reimbursement to which it is not entitled, it shall be liable to repay the overpayment. (d) (1) Overpayments shall be determined by either a  group home  provider audit or a  group home  provider self-reporting an overpayment. (2) If an informal hearing is not requested, or on the 60th day after an informal decision if a provider or the department does not file a notice of intent to file a formal appeal, or on the 30th day following a formal appeal hearing decision, whichever is latest, a group home provider overpayment shall be sustained for collection purposes and the department shall issue a demand letter for repayment of the sustained overpayment. (3) The department shall establish a voluntary repayment agreement procedure with a maximum repayment period of nine years. The procedure shall take into account the amount of the overpayment, projected annual income of the program that caused the overpayment, a minimum repayment amount, including principal and interest, of 3 percent of annual income prorated on a monthly basis, simple interest for the first seven years of the voluntary repayment agreement on the overpayment amount based on the Surplus Money Investment Fund, and simple interest for the eighth and ninth years of the voluntary repayment agreement based on the prime rate at that time plus 3 percent. The department may adopt regulations permitting the director, at his or her discretion, to renegotiate the volunteer repayment agreement if the director determines that the agreement would cause severe harm to children in placement. (4) The department shall establish an involuntary overpayment collection procedure, that shall take into account the amount of the overpayment, projected annual income, a minimum required repayment amount, including principal and interest, of 5 percent of the annual income prorated on a monthly basis, simple interest on the overpayment amount based on the Surplus Money Investment Fund, and a maximum repayment period of seven years. The department may establish regulations permitting the director at his or her discretion to renegotiate the involuntary payment agreement if the director determines that the agreement would cause severe harm to children in placement. (e) The department shall develop regulations for recovery of any  group home  provider sustained overpayments. The regulations shall prioritize collection methods,  that   which  shall include voluntary repayment agreement procedures, involuntary overpayment collection procedures, including the use of a statutory lien, rate request denials, rate decreases  without an RCL reduction  , and rate terminations. (f) Whenever the department determines that a  group home  provider sustained overpayment has occurred, the department shall recover from the  group home  provider the full amount of the sustained overpayment, and simple interest on the sustained overpayment amount, pursuant to methods described in subdivision (e), against the  group home  provider's income or assets. (g) If a provider is successful in its appeal of a collected overpayment, it shall be repaid the collected overpayment plus simple interest based on the Surplus Money Investment Fund.  SEC. 66.   Section 11466.25 of the   Welfare and Institutions Code   is amended to read:  11466.25. Interest begins to accrue on a  group home  provider overpayment on the date of the issuance of the final audit report.  SEC. 67.   Section 11466.3 of the   Welfare and Institutions Code   is amended to read:  11466.3. (a) The department shall offer a voluntary repayment agreement procedure to  group home  providers that owe a sustained overpayment. A  group home  provider may enter into a voluntary repayment agreement with the department to repay a sustained overpayment. The voluntary repayment agreement shall, at a minimum, meet the requirements developed pursuant to paragraph (3) of subdivision (d) of Section 11466.2. (b) The department shall charge simple interest on the voluntary repayment agreement in accordance with paragraph (3) of subdivision (d) of Section 11466.2.  SEC. 68.   Section 11466.31 of the   Welfare and Institutions Code   is amended to read:  11466.31.  (a)    When it has been determined that a  group home  provider participating in the AFDC-FC program owes an overpayment that is due and payable, the department may implement involuntary offset collection procedures to collect sustained overpayments from a  group home  provider if the provider does not enter into a voluntary repayment agreement with the department or the provider has three outstanding payments on a voluntary repayment agreement before the overpayment is repaid.  The   (b)     The  minimum monthly overpayment offset amount from monthly rate reimbursements shall be determined using the involuntary collection procedures developed pursuant to paragraph (4) of subdivision (d) of Section 11466.2. Overpayments shall be offset against current monthly rate reimbursement payments due and payable to a  group home  provider under this chapter.  SEC. 69.   Section 11466.32 of the   Welfare and Institutions Code   is amended to read:  11466.32. (a) If a  group home  provider that owes a sustained overpayment pursuant to paragraph (2) of subdivision (d) of Section 11466.2 does not enter into a voluntary repayment agreement with the department, or the provider has three outstanding payments on a voluntary repayment agreement before the overpayment is repaid, in addition to the monthly overpayment offset amount, 50 percent of any increases resulting from California Necessities Index (CNI) adjustments and  group home  provider's rate adjustments to the standard rate that are due to a  group home  provider shall be withheld until the sustained overpayment amount is collected. Once the overpayment amount is collected, the  group home  provider shall begin to prospectively receive the full amount of any California Necessities Index and rate adjustment to which it is entitled. (b) Any  group home  provider subject to involuntary repayment of a sustained overpayment pursuant to Section 11466.31 shall be ineligible to receive  an RCL  any rate  increase until the repayment is completed or until the host county or the primary placement county provide the department with a request for waiver of this paragraph.  SEC. 70.   Section 11466.33 of the   Welfare and Institutions Code   is amended to read:  11466.33. (a) If any amount is due and payable to the department as a result of sustained overpayment to a  group home  provider for care and services in the AFDC-FC program, the department may file, in the office of any county clerk of any county in which the  group home  provider has real or personal property, a certificate if any of the following conditions are met: (1) No informal hearing is requested and if a provider has not submitted a voluntary repayment agreement with the first payment, and 60 days have elapsed from the notice of audit results. (2) No formal appeal is requested and if a provider has not submitted a voluntary repayment agreement along with the first payment, and 60 days have elapsed from the notice of the informal hearing decision. (3) A provider has not submitted a voluntary repayment agreement along with the first payment, and 30 days have elapsed after an adverse appeal decision by a hearing officer that sustains an overpayment. (b) The certificate provided for pursuant to subdivision (a) shall contain: (1) The amount due, owing, and unpaid, plus simple interest on the amount owing and unpaid beginning on the date the certificate is filed. (2) A statement that the department has complied with this section prior to the filing of the certificate. (3) A request that a lien be recorded against the  group home provider in the amount set forth in the certificate. (c) The county clerk immediately upon the filing of the certificate shall record the lien for the State of California against the  group home  provider in the amount set forth in the certificate. The lien may be filed in the chain of title of the property. (d) The department shall pay the cost of the first lien, and  group home  providers shall be responsible for any subsequent liens on a sustained overpayment. (e) For the first certificate filed by the department pursuant to this section, the county shall waive all filing fees.  SEC. 71.   Section 11466.34 of the   Welfare and Institutions Code   is amended to read:  11466.34. (a) (1) At any time within 10 years of the recording of a lien pursuant to Section 11466.33, the department may bring an action, in a superior court in the county in which the lien is filed, seeking a judgment to establish the lien as a judgment lien. (2) If a judgment is obtained pursuant to paragraph (1), the county recorder shall record the lien as a judgment lien. (b) An abstract of a judgment obtained pursuant to subdivision (a) or a copy thereof may be recorded with the county recorder of any county. From the time of recording, the judgment shall constitute a lien upon all real or personal property of the  group home  provider in that county owned by the  group home  provider at the time, or that the  group home  provider may afterwards, but before the lien expires, acquire. The judgment lien shall continue for 10 years from the time of recording of the abstract of judgment obtained pursuant to subdivision (a), unless sooner released or otherwise discharged. (c) The judgment lien may, within 10 years from the date of recording of the abstract of judgment or within 10 years from the date of the last extension of the lien in the manner provided in this section, be extended by recording a new abstract in the office of the county recorder of any county. From the date of that recording, the lien shall be extended for 10 years, unless sooner released or otherwise discharged. (d) The department may release any lien imposed pursuant to this chapter, at the provider's cost, in which case any judgment pertaining to that lien is for all purposes null and void, if all of the following conditions are met: (1) No temporary suspension order or license revocation actions by the department's community care licensing division is pending against a provider. (2) A provider has made at least three timely payments on a voluntary repayment agreement. (3) The provider submits to the department corroborative evidence that it is unable to obtain a loan from an institutional lender unless the lien is released. (e) Execution shall issue upon a judgment obtained pursuant to this section upon request of the department in the same manner as execution may issue upon other judgments. Sale shall be held under that execution as prescribed in the Code of Civil Procedure. In all proceedings under this section, the director or his or her authorized agents may act on behalf of the state.  SEC. 72.   Section 11466.35 of the   Welfare and Institutions Code   is amended to read:  11466.35. (a) Any licensee who has been determined to owe a sustained overpayment under this chapter, and who, subsequent to notice of the sustained overpayment, has its  group home  rate terminated, shall be ineligible to apply or receive a rate for any future  group home  program until the overpayment is repaid. (b) A rate application shall be denied for a  group home  provider that meets either of the following conditions: (1) A provider owing a sustained overpayment under this chapter, upon the occurrence of any additional sustained overpayment, shall be ineligible to apply or receive a rate for an existing or future  group home  program until the sustained overpayments are repaid, unless a voluntary repayment agreement is approved by the department. (2) A provider incurring a sustained overpayment that constitutes more than 60 percent of the provider's annual rate reimbursement shall be ineligible to apply or receive a rate for any existing or future  group home  programs until the sustained overpayments are repaid, unless a voluntary repayment agreement is approved by the department.  SEC. 73.   Section 11466.36 of the   Welfare and Institutions Code   is amended to read:  11466.36. (a) The department may terminate a group home   program  rate if any of the following conditions are met: (1) The  director   department  determines that, based upon the findings of a hearing officer, a rate application or information submitted by a provider was fraudulently submitted to the department. (2) A provider with an outstanding sustained overpayment incurs a second sustained overpayment, and is unable to repay the sustained overpayments. (3) A provider has a sustained overpayment that represents 100 percent of a provider's annual rate reimbursement. (b) This chapter shall not be construed to affect the department's authority under other provisions of law for collection of  group home  provider sustained overpayments.  SEC. 74.   Section 11466.5 of the   Welfare and Institutions Code   is amended to read:  11466.5. The department shall collect  group home  cost data and monitor the cost of providing care and supervision, and social work services, to AFDC-FC recipients. These data shall include, but not be limited to, the costs incurred  by group homes  for employee wages and benefits.  SEC. 75.   Section 11466.6 of the   Welfare and Institutions Code   is amended to read:  11466.6. A  group home  provider who disagrees with the rate determined by the department or adjusted by a program audit  shall   may  request  in writing  an appeal by the director or the director's designee. The department shall adopt regulations establishing procedures for the departmental appeal process.  SEC. 76.   Section 11468 of the   Welfare and Institutions Code   is amended to read:  11468. The  director   department  shall establish administrative procedures to review the rate set by the department for  a foster family agency and a group home program   AFDC-FC programs, including, but not limited to, group homes, short-term residential treatment   centers   ,   and foster family agencies that provide treatment services  .  SEC. 77.   Section 16000 of the  Welfare and Institutions Code   is amended to read:  16000. (a) It is the intent of the Legislature to preserve and strengthen a child's family ties whenever possible, removing the child from the custody of his or her parents only when necessary for his or her welfare or for the safety and protection of the public. If a child is removed from the physical custody of his or her parents, preferential consideration shall be given whenever possible to the placement of the child with the relative as required by Section 7950 of the Family Code. If the child is removed from his or her own family, it is the purpose of this chapter to secure as nearly as possible for the child the custody, care, and discipline equivalent to that which should have been given to the child by his or her parents. It is further the intent of the Legislature to reaffirm its commitment to children who are in out-of-home placement to live in the least restrictive, most familylike setting and to live as close to the child's family as possible pursuant to subdivision (c) of Section 16501.1. Family reunification services shall be provided for expeditious reunification of the child with his or her family, as required by law. If reunification is not possible or likely, a permanent alternative shall be developed.  (b) It is further the intent of the Legislature that all children live with a committed, permanent, and nurturing family. Services and supports should be tailored to meet the needs of the individual child and family being served, with the ultimate goal of maintaining the family, or when this is not possible, transitioning the child or youth to a permanent family or preparing the youth for a successful transition into adulthood. When needed, short-term residential treatment center program services are a short-term, specialized, and intensive intervention that is just one part of a continuum of care available for children, youth, young adults, and their families.   (b)   (c)  It is further the intent of the Legislature to ensure that all pupils in foster care and those who are homeless as defined by the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.) have the opportunity to meet the challenging state pupil academic achievement standards to which all pupils are held. In fulfilling their responsibilities to pupils in foster care, educators, county placing agencies, care providers, advocates, and the juvenile courts shall work together to maintain stable school placements and to ensure that each pupil is placed in the least restrictive educational programs, and has access to the academic resources, services, and extracurricular and enrichment activities that are available to all pupils. In all instances, educational and school placement decisions  must   shall  be based on the best interests of the child.  SEC. 78.   Section 16501 of the   Welfare and Institutions Code   is amended to read:  16501. (a)  (1)    As used in this chapter, "child welfare services" means public social services  which   that  are directed toward the accomplishment of any or all of the following purposes: protecting and promoting the welfare of all children, including handicapped, homeless, dependent, or neglected children; preventing or remedying, or assisting in the solution of problems which may result in, the neglect, abuse, exploitation, or delinquency of children; preventing the unnecessary separation of children from their families by identifying family problems, assisting families in resolving their problems, and preventing breakup of the family where the prevention of child removal is desirable and possible; restoring to their families children who have been removed, by the provision of services to the child and the families; identifying children to be placed in suitable adoptive homes, in cases where restoration to the biological family is not possible or appropriate; and ensuring adequate care of children away from their homes, in cases where the child cannot be returned home or cannot be placed for adoption.  "Child   (2)     "Child  welfare services" also means services provided on behalf of children alleged to be the victims of child abuse, neglect, or exploitation. The child welfare services provided on behalf of each child represent a continuum of services, including emergency response services, family preservation services, family maintenance services, family reunification services, and permanent placement services, including supportive transition services. The individual child's case plan is the guiding principle in the provision of these services. The case plan shall be developed within a maximum of 60 days of the initial removal of the child or of the in-person response required under subdivision (f) if the child has not been removed from his or her home, or by the date of the dispositional hearing pursuant to Section 358, whichever comes first.  (3) "Child welfare services" are best provided in a framework that integrates service planning and delivery among multiple service systems, including the mental health system, using a team-based approach, such as a child and family team. A child and family team brings together individuals that engage with the child and family in assessing, planning, and delivering services. A child and family team, defined in subdivision (a) of Section 831, is composed of the child, family, caregiver, placing agency caseworker, the child's tribe or Indian custodian when the child is Indian, and the county mental health representative for placement into a mental health certified facility. As appropriate, the child and family team also may include behavioral health representatives and other formal supports, such as educational professionals and representatives from other agencies providing services to the child and family. A child and family team also may include extended family and informal support persons, such as friends, coaches, faith-based connections, and tribes as identified by the child and family. Use of a team approach increases efficiency, and thus reduces cost, by increasing coordination of formal services and integrating the natural and informal supports available to the child and family.   (1)   (   4)  Child welfare services may include, but are not limited to, a range of service-funded activities, including case management, counseling, emergency shelter care, emergency in-home caretakers, temporary in-home caretakers, respite care, therapeutic day services, teaching and demonstrating homemakers, parenting training, substance abuse testing, and transportation. These service-funded activities shall be available to children and their families in all phases of the child welfare program in accordance with the child's case plan and departmental regulations. Funding for services is limited to the amount appropriated in the annual Budget Act and other available county funds.  (2)   (   5)  Service-funded activities to be provided may be determined by each county, based upon individual child and family needs as reflected in the service plan.  (3)   (   6)  As used in this chapter, "emergency shelter care" means emergency shelter provided to children who have been removed pursuant to Section 300 from their parent or parents or their guardian or guardians. The department may establish, by regulation, the time periods for which emergency shelter care shall be funded. For the purposes of this paragraph, "emergency shelter care" may include "transitional shelter care facilities" as defined in paragraph (11) of subdivision (a) of Section 1502 of the Health and Safety Code. (b) As used in this chapter, "respite care" means temporary care for periods not to exceed 72 hours. This care may be provided to the child's parents or guardians. This care shall not be limited by regulation to care over 24 hours. These services shall not be provided for the purpose of routine, ongoing child care. (c) The county shall provide child welfare services as needed pursuant to an approved service plan and in accordance with regulations promulgated, in consultation with the counties, by the department. Counties may contract for service-funded activities as defined in paragraph (1) of subdivision (a). Each county shall use available private child welfare resources prior to developing new county-operated resources when the private child welfare resources are of at least equal quality and lesser or equal cost as compared with county-operated resources. Counties shall not contract for needs assessment, client eligibility determination, or any other activity as specified by regulations of the State Department of Social Services, except as specifically authorized in Section 16100. (d) Nothing in this chapter shall be construed to affect duties which are delegated to probation officers pursuant to Sections 601 and 654. (e) Any county may utilize volunteer individuals to supplement professional child welfare services by providing ancillary support services in accordance with regulations adopted by the State Department of Social Services. (f) As used in this chapter, emergency response services consist of a response system providing in-person response, 24 hours a day, seven days a week, to reports of abuse, neglect, or exploitation, as required by Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code for the purpose of investigation pursuant to Section 11166 of the Penal Code and to determine the necessity for providing initial intake services and crisis intervention to maintain the child safely in his or her own home or to protect the safety of the child. County welfare departments shall respond to any report of imminent danger to a child immediately and all other reports within 10 calendar days. An in-person response is not required when the county welfare department, based upon an evaluation of risk, determines that an in-person response is not appropriate. This evaluation includes collateral, contacts, a review of previous referrals, and other relevant information, as indicated. (g) As used in this chapter, family maintenance services are activities designed to provide in-home protective services to prevent or remedy neglect, abuse, or exploitation, for the purposes of preventing separation of children from their families. (h) As used in this chapter, family reunification services are activities designed to provide time-limited foster care services to prevent or remedy neglect, abuse, or exploitation, when the child cannot safely remain at home, and needs temporary foster care, while services are provided to reunite the family. (i) As used in this chapter, permanent placement services are activities designed to provide an alternate permanent family structure for children who because of abuse, neglect, or exploitation cannot safely remain at home and who are unlikely to ever return home. These services shall be provided on behalf of children for whom there has been a judicial determination of a permanent plan for adoption, legal guardianship, or long-term foster care, and, as needed, shall include supportive transition services to nonminor dependents, as described in subdivision (v) of Section 11400. (j) As used in this chapter, family preservation services include those services specified in Section 16500.5 to avoid or limit out-of-home placement of children, and may include those services specified in that section to place children in the least restrictive environment possible. (k) (1) (A) In any county electing to implement this subdivision, all county welfare department employees who have frequent and routine contact with children shall, by February 1, 1997, and all welfare department employees who are expected to have frequent and routine contact with children and who are hired on or after January 1, 1996, and all such employees whose duties change after January 1, 1996, to include frequent and routine contact with children, shall, if the employees provide services to children who are alleged victims of abuse, neglect, or exploitation, sign a declaration under penalty of perjury regarding any prior criminal conviction, and shall provide a set of fingerprints to the county welfare director. (B) The county welfare director shall secure from the Department of Justice a criminal record to determine whether the employee has ever been convicted of a crime other than a minor traffic violation. The Department of Justice shall deliver the criminal record to the county welfare director. (C) If it is found that the employee has been convicted of a crime, other than a minor traffic violation, the county welfare director shall determine whether there is substantial and convincing evidence to support a reasonable belief that the employee is of good character so as to justify frequent and routine contact with children. (D) No exemption shall be granted pursuant to subparagraph (C) if the person has been convicted of a sex offense against a minor, or has been convicted of an offense specified in Section 220, 243.4, 264.1, 273d, 288, or 289 of the Penal Code, or in paragraph (1) of Section 273a of, or subdivision (a) or (b) of Section 368 of, the Penal Code, or has been convicted of an offense specified in subdivision (c) of Section 667.5 of the Penal Code. The county welfare director shall suspend such a person from any duties involving frequent and routine contact with children. (E) Notwithstanding subparagraph (D), the county welfare director may grant an exemption if the employee or prospective employee, who was convicted of a crime against an individual specified in paragraph (1) or (7) of subdivision (c) of Section 667.5 of the Penal Code, has been rehabilitated as provided in Section 4852.03 of the Penal Code and has maintained the conduct required in Section 4852.05 of the Penal Code for at least 10 years and has the recommendation of the district attorney representing the employee's or prospective employee's county of residence, or if the employee or prospective employee has received a certificate of rehabilitation pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code. In that case, the county welfare director may give the employee or prospective employee an opportunity to explain the conviction and shall consider that explanation in the evaluation of the criminal conviction record. (F) If no criminal record information has been recorded, the county welfare director shall cause a statement of that fact to be included in that person's personnel file. (2) For purposes of this subdivision, a conviction means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Any action  which   th   at  the county welfare director is permitted to take following the establishment of a conviction may be taken when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, notwithstanding a subsequent order pursuant to Sections 1203.4 and 1203.4a of the Penal Code permitting the person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment. For purposes of this subdivision, the record of a conviction, or a copy thereof certified by the clerk of the court or by a judge of the court in which the conviction occurred, shall be conclusive evidence of the conviction.  SEC. 79.   Section 16501.1 of the   Welfare and Institutions Code  is amended to read:  16501.1. (a) (1) The Legislature finds and declares that the foundation and central unifying tool in child welfare services is the case plan. (2) The Legislature further finds and declares that a case plan ensures that the child receives protection and safe and proper care and case management, and that services are provided to the child and parents or other caretakers, as appropriate, in order to improve conditions in the parent's home, to facilitate the safe return of the child to a safe home or the permanent placement of the child, and to address the needs of the child while in foster care. (b) (1) A case plan shall be based upon the principles of this section and shall document that a preplacement assessment of the service needs of the child and family, and preplacement preventive services, have been provided, and that reasonable efforts to prevent out-of-home placement have been made. (2) In determining the reasonable services to be offered or provided, the child's health and safety shall be the paramount concerns. (3) Upon a determination pursuant to paragraph (1) of subdivision (e) of Section 361.5 that reasonable services will be offered to a parent who is incarcerated in a county jail or state prison, detained by the United States Department of Homeland Security, or deported to his or her country of origin, the case plan shall include information, to the extent possible, about a parent's incarceration in a county jail or the state prison, detention by the United States Department of Homeland Security, or deportation during the time that a minor child of that parent is involved in dependency care. (4) Reasonable services shall be offered or provided to make it possible for a child to return to a safe home environment, unless, pursuant to subdivisions (b) and (e) of Section 361.5, the court determines that reunification services shall not be provided. (5) If reasonable services are not ordered, or are terminated, reasonable efforts shall be made to place the child in a timely manner in accordance with the permanent plan and to complete all steps necessary to finalize the permanent placement of the child. (c) (1) If out-of-home placement is used to attain case plan goals, the case plan shall include a description of the type of home or institution in which the child is to be placed, and the reasons for that placement decision. The decision regarding choice of placement shall be based upon selection of a safe setting that is the least restrictive or most familylike and the most appropriate setting that is available and in close proximity to the parent's home, proximity to the child's school, and consistent with the selection of the environment best suited to meet the child's special needs and best interests. The selection shall consider, in order of priority, placement with relatives, nonrelated extended family members,  and  tribal  members, and   members;  foster family homes  ,   and nontreatment  certified homes of foster family  agencies,   agencies; followed by treatment and  intensive treatment  certified homes of foster family agencies;  or multidimensional treatment foster care homes  ,   or therapeutic foster care homes;  group care placements  , such as   in the order of short-term residential treatment   centers,  group homes  and   ,  community treatment facilities, and  out-of-state  residential treatment pursuant to  Section 7950   Part 5 (commencing with Section 7900) of Division 12  of the Family Code. (2) If a  group care   treatment  placement is selected for a child, the case plan shall indicate the needs of the child that necessitate this placement, the plan for transitioning the child to a less restrictive environment, and the projected timeline by which the child will be transitioned to a less restrictive environment. This section of the case plan shall be reviewed and updated at least semiannually.  (A) The case plan for placements in a group home, or commencing January 1, 2017, in a short-term residential treatment center, shall indicate that the county has taken into consideration Section 16010.8.   (B) After January 1, 2016, if a treatment foster care placement, such as a treatment foster family agency, intensive treatment foster care, therapeutic foster care, or short-term residential treatment center, is being considered for the child or youth, a child and family team meeting as described in Sections 831 and 16501 shall be convened for the purpose of determining the appropriateness of the placement and whether there are any appropriate, less restrictive, and more family-like alternatives.  (3) On or after January 1, 2012, for a nonminor dependent, as defined in subdivision (v) of Section 11400, who is receiving AFDC-FC benefits up to 21 years of age pursuant to Section 11403, in addition to the above requirements, the selection of the placement, including a supervised independent living placement, as described in subdivision (w) of Section 11400, shall also be based upon the developmental needs of young adults by providing opportunities to have incremental responsibilities that prepare a nonminor dependent to transition to independent living. If admission to, or continuation in, a group home placement is being considered for a nonminor dependent, the group home placement approval decision shall include a youth-driven, team-based case planning process, as defined by the department, in consultation with stakeholders. The case plan shall consider the full range of placement options, and shall specify why admission to, or continuation in, a group home placement is the best alternative available at the time to meet the special needs or well-being of the nonminor dependent, and how the placement will contribute to the nonminor dependent's transition to independent living. The case plan shall specify the treatment strategies that will be used to prepare the nonminor dependent for discharge to a less restrictive and more familylike setting, including a target date for discharge from the group home placement. The placement shall be reviewed and updated on a regular, periodic basis to ensure that continuation in the group home remains in the best interests of the nonminor dependent and that progress is being made in achieving case plan goals leading to independent living. The group home placement planning process shall begin as soon as it becomes clear to the county welfare department or probation office that a foster child in group home placement is likely to remain in group home placement on his or her 18th birthday, in order to expedite the transition to a less restrictive and more familylike setting if he or she becomes a nonminor dependent. The case planning process shall include informing the youth of all of his or her options, including, but not limited to, admission to or continuation in a group home placement. Consideration for continuation of existing group home placement for a nonminor dependent under 19 years of age may include the need to stay in the same placement in order to complete high school. After a nonminor dependent either completes high school or attains his or her 19th birthday, whichever is earlier, continuation in or admission to a group home is prohibited unless the nonminor dependent satisfies the conditions of paragraph (5) of subdivision (b) of Section 11403, and group home placement functions as a short-term transition to the appropriate system of care. Treatment services provided by the group home placement to the nonminor dependent to alleviate or ameliorate the medical condition, as described in paragraph (5) of subdivision (b) of Section 11403, shall not constitute the sole basis to disqualify a nonminor dependent from the group home placement. (4) In addition to the requirements of paragraphs (1) to (3), inclusive, and taking into account other statutory considerations regarding placement, the selection of the most appropriate home that will meet the child's special needs and best interests shall also promote educational stability by taking into consideration proximity to the child's school of origin, and school attendance area, the number of school transfers the child has previously experienced, and the child's school matriculation schedule, in addition to other indicators of educational stability that the Legislature hereby encourages the State Department of Social Services and the State Department of Education to develop. (d) A written case plan shall be completed within a maximum of 60 days of the initial removal of the child or of the in-person response required under subdivision (f) of Section 16501 if the child has not been removed from his or her home, or by the date of the dispositional hearing pursuant to Section 358, whichever occurs first. The case plan shall be updated, as the service needs of the child and family dictate. At a minimum, the case plan shall be updated in conjunction with each status review hearing conducted pursuant to Sections 364, 366, 366.3, and 366.31, and the hearing conducted pursuant to Section 366.26, but no less frequently than once every six months. Each updated case plan shall include a description of the services that have been provided to the child under the plan and an evaluation of the appropriateness and effectiveness of those services. (1) It is the intent of the Legislature that extending the maximum time available for preparing a written case plan from 30 to 60 days will afford caseworkers time to actively engage families, and to solicit and integrate into the case plan the input of the child and the child's family, as well as the input of relatives and other interested parties. (2) The extension of the maximum time available for preparing a written case plan from the 30 to 60 days shall be effective 90 days after the date that the department gives counties written notice that necessary changes have been made to the Child Welfare Services Case Management System to account for the 60-day timeframe for preparing a written case plan. (e) The child welfare services case plan shall be comprehensive enough to meet the juvenile court dependency proceedings requirements pursuant to Article 6 (commencing with Section 300) of Chapter 2 of Part 1 of Division 2. (f) The case plan shall be developed as follows: (1) The case plan shall be based upon an assessment of the circumstances that required child welfare services intervention. The child shall be involved in developing the case plan as age and developmentally appropriate. (2) The case plan shall identify specific goals and the appropriateness of the planned services in meeting those goals. (3) The case plan shall identify the original allegations of abuse or neglect, as defined in Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the conditions cited as the basis for declaring the child a dependent of the court pursuant to Section 300, or all of these, and the other precipitating incidents that led to child welfare services intervention. (4) The case plan shall include a description of the schedule of the placement agency contacts with the child and the family or other caretakers. The frequency of these contacts shall be in accordance with regulations adopted by the State Department of Social Services. If the child has been placed in foster care out of state, the county social worker or probation officer, or a social worker or probation officer on the staff of the agency in the state in which the child has been placed, shall visit the child in a foster family home or the home of a relative, consistent with federal law and in accordance with the department's approved state plan. For children in out-of-state group home facilities, visits shall be conducted at least monthly, pursuant to Section 16516.5. At least once every six months, at the time of a regularly scheduled placement agency contact with the foster child, the child's social worker or probation officer shall inform the child of his or her rights as a foster child, as specified in Section 16001.9. The social worker or probation officer shall provide the information to the child in a manner appropriate to the age or developmental level of the child. (5) (A) When out-of-home services are used, the frequency of contact between the natural parents or legal guardians and the child shall be specified in the case plan. The frequency of those contacts shall reflect overall case goals, and consider other principles outlined in this section. (B) Information regarding any court-ordered visitation between the child and the natural parents or legal guardians, and the terms and conditions needed to facilitate the visits while protecting the safety of the child, shall be provided to the child's out-of-home caregiver as soon as possible after the court order is made. (6) When out-of-home placement is made, the case plan shall include provisions for the development and maintenance of sibling relationships as specified in subdivisions (b), (c), and (d) of Section 16002. If appropriate, when siblings who are dependents of the juvenile court are not placed together, the social worker for each child, if different, shall communicate with each of the other social workers and ensure that the child's siblings are informed of significant life events that occur within their extended family. Unless it has been determined that it is inappropriate in a particular case to keep siblings informed of significant life events that occur within the extended family, the social worker shall determine the appropriate means and setting for disclosure of this information to the child commensurate with the child's age and emotional well-being. These significant life events shall include, but shall not be limited to, the following: (A) The death of an immediate relative. (B) The birth of a sibling. (C) Significant changes regarding a dependent child, unless the child objects to the sharing of the information with his or her siblings, including changes in placement, major medical or mental health diagnoses, treatments, or hospitalizations, arrests, and changes in the permanent plan. (7) If out-of-home placement is made in a foster family home, group home, or other child care institution that is either a substantial distance from the home of the child's parent or out of state, the case plan shall specify the reasons why that placement is in the best interest of the child. When an out-of-state group home placement is recommended or made, the case plan shall, in addition, specify compliance with Section 7911.1 of the Family Code. (8) Effective January 1, 2010, a case plan shall ensure the educational stability of the child while in foster care and shall include both of the following: (A) An assurance that the placement takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement. (B) An assurance that the placement agency has coordinated with the person holding the right to make educational decisions for the child and appropriate local educational agencies to ensure that the child remains in the school in which the child is enrolled at the time of placement or, if remaining in that school is not in the best interests of the child, assurances by the placement agency and the local educational agency to provide immediate and appropriate enrollment in a new school and to provide all of the child's educational records to the new school. (9) (A) If out-of-home services are used, or if parental rights have been terminated and the case plan is placement for adoption, the case plan shall include a recommendation regarding the appropriateness of unsupervised visitation between the child and any of the child's siblings. This recommendation shall include a statement regarding the child's and the siblings' willingness to participate in unsupervised visitation. If the case plan includes a recommendation for unsupervised sibling visitation, the plan shall also note that information necessary to accomplish this visitation has been provided to the child or to the child's siblings. (B) Information regarding the schedule and frequency of the visits between the child and siblings, as well as any court-ordered terms and conditions needed to facilitate the visits while protecting the safety of the child, shall be provided to the child's out-of-home caregiver as soon as possible after the court order is made. (10) If out-of-home services are used and the goal is reunification, the case plan shall describe the services to be provided to assist in reunification and the services to be provided concurrently to achieve legal permanency if efforts to reunify fail. The plan shall also consider in-state and out-of-state placements, the importance of developing and maintaining sibling relationships pursuant to Section 16002, and the desire and willingness of the caregiver to provide legal permanency for the child if reunification is unsuccessful. (11) If out-of-home services are used, the child has been in care for at least 12 months, and the goal is not adoptive placement, the case plan shall include documentation of the compelling reason or reasons why termination of parental rights is not in the child's best interest. A determination completed or updated within the past 12 months by the department when it is acting as an adoption agency or by a licensed adoption agency that it is unlikely that the child will be adopted, or that one of the conditions described in paragraph (1) of subdivision (c) of Section 366.26 applies, shall be deemed a compelling reason. (12) (A) Parents and legal guardians shall have an opportunity to review the case plan, and to sign it whenever possible, and then shall receive a copy of the plan. In a voluntary service or placement agreement, the parents or legal guardians shall be required to review and sign the case plan. Whenever possible, parents and legal guardians shall participate in the development of the case plan. Commencing January 1, 2012, for nonminor dependents, as defined in subdivision (v) of Section 11400, who are receiving AFDC-FC or CalWORKs assistance up to 21 years of age pursuant to Section 11403, the transitional independent living case plan, as set forth in subdivision (y) of Section 11400, shall be developed with, and signed by, the nonminor. (B) Parents and legal guardians shall be advised that, pursuant to Section 1228.1 of the Evidence Code, neither their signature on the child welfare services case plan nor their acceptance of any services prescribed in the child welfare services case plan shall constitute an admission of guilt or be used as evidence against the parent or legal guardian in a court of law. However, they shall also be advised that the parent's or guardian's failure to cooperate, except for good cause, in the provision of services specified in the child welfare services case plan may be used in any hearing held pursuant to Section 366.21, 366.22, or 366.25 as evidence. (13) A child shall be given a meaningful opportunity to participate in the development of the case plan and state his or her preference for foster care placement. A child who is 12 years of age or older and in a permanent placement shall also be given the opportunity to review the case plan, sign the case plan, and receive a copy of the case plan. (14) The case plan shall be included in the court report and shall be considered by the court at the initial hearing and each review hearing. Modifications to the case plan made during the period between review hearings need not be approved by the court if the casework supervisor for that case determines that the modifications further the goals of the plan. If out-of-home services are used with the goal of family reunification, the case plan shall consider and describe the application of subdivision (b) of Section 11203. (15) If the case plan has as its goal for the child a permanent plan of adoption or placement in another permanent home, it shall include a statement of the child's wishes regarding their permanent placement plan and an assessment of those stated wishes. The agency shall also include documentation of the steps the agency is taking to find an adoptive family or other permanent living arrangements for the child; to place the child with an adoptive family, an appropriate and willing relative, a legal guardian, or in another planned permanent living arrangement; and to finalize the adoption or legal guardianship. At a minimum, the documentation shall include child-specific recruitment efforts, such as the use of state, regional, and national adoption exchanges, including electronic exchange systems, when the child has been freed for adoption. If the plan is for kinship guardianship, the case plan shall document how the child meets the kinship guardianship eligibility requirements. (16) (A) When appropriate, for a child who is 16 years of age or older and, commencing January 1, 2012, for a nonminor dependent, the case plan shall include the transitional independent living plan (TILP), a written description of the programs and services that will help the child, consistent with the child's best interests, to prepare for the transition from foster care to independent living, and, in addition, whether the youth has an in-progress application pending for Title XVI Supplemental Security Income benefits or for Special Immigrant Juvenile Status or other applicable application for legal residency and an active dependency case is required for that application. When appropriate, for a nonminor dependent, the transitional independent living case plan, as described in subdivision (v) of Section 11400, shall include the TILP, a written description of the programs and services that will help the nonminor dependent, consistent with his or her best interests, to prepare for transition from foster care and assist the youth in meeting the eligibility criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) Section 11403. If applicable, the case plan shall describe the individualized supervision provided in the supervised independent living placement as defined in subdivision (w) of Section 11400. The case plan shall be developed with the child or nonminor dependent and individuals identified as important to the child or nonminor dependent, and shall include steps the agency is taking to ensure that the child or nonminor dependent achieves permanence, including maintaining or obtaining permanent connections to caring and committed adults. (B) During the 90-day period prior to the participant attaining 18 years of age or older as the state may elect under Section 475(8)(B) (iii) of the federal Social Security Act (42 U.S.C. Sec. 675(8)(B) (iii)), whether during that period foster care maintenance payments are being made on the child's behalf or the child is receiving benefits or services under Section 477 of the federal Social Security Act (42 U.S.C. Sec. 677), a caseworker or other appropriate agency staff or probation officer and other representatives of the participant, as appropriate, shall provide the youth or nonminor with assistance and support in developing the written 90-day transition plan, that is personalized at the direction of the child, information as detailed as the participant elects that shall include, but not be limited to, options regarding housing, health insurance, education, local opportunities for mentors and continuing support services, and workforce supports and employment services, a power of attorney for health care, and information regarding the advance health care directive form. (C) For youth 16 years of age or older, the case plan shall include documentation that a consumer credit report was requested annually from each of the three major credit reporting agencies at no charge to the youth and that any results were provided to the youth. For nonminor dependents, the case plan shall include documentation that the county assisted the nonminor dependent in obtaining his or her reports. The case plan shall include documentation of barriers, if any, to obtaining the credit reports. If the consumer credit report reveals any accounts, the case plan shall detail how the county ensured the youth received assistance with interpreting the credit report and resolving any inaccuracies, including any referrals made for the assistance. (g) If the court finds, after considering the case plan, that unsupervised sibling visitation is appropriate and has been consented to, the court shall order that the child or the child's siblings, the child's current caregiver, and the child's prospective adoptive parents, if applicable, be provided with information necessary to accomplish this visitation. This section does not require or prohibit the social worker's facilitation, transportation, or supervision of visits between the child and his or her siblings. (h) The case plan documentation on sibling placements required under this section shall not require modification of existing case plan forms until the Child Welfare Services Case Management System is implemented on a statewide basis. (i) When a child is 10 years of age or older and has been in out-of-home placement for six months or longer, the case plan shall include an identification of individuals, other than the child's siblings, who are important to the child and actions necessary to maintain the child's relationship with those individuals, provided that those relationships are in the best interest of the child. The social worker or probation officer shall ask every child who is 10 years of age or older and who has been in out-of-home placement for six months or longer to identify individuals other than the child's siblings who are important to the child, and may ask any other child to provide that information, as appropriate. The social worker or probation officer shall make efforts to identify other individuals who are important to the child, consistent with the child's best interests. (j) The child's caregiver shall be provided a copy of a plan outlining the child's needs and services. The nonminor dependent's caregiver shall be provided with a copy of the nonminor's TILP. (k) On or before June 30, 2008, the department, in consultation with the County Welfare Directors Association of California and other advocates, shall develop a comprehensive plan to ensure that 90 percent of foster children are visited by their caseworkers on a monthly basis by October 1, 2011, and that the majority of the visits occur in the residence of the child. The plan shall include any data reporting requirements necessary to comply with the provisions of the federal Child and Family Services Improvement Act of 2006 (Public Law 109-288). (l) The implementation and operation of the amendments to subdivision (i) enacted at the 2005-06 Regular Session shall be subject to appropriation through the budget process and by phase, as provided in Section 366.35.  SEC. 80.   Section 16519.5 of the   Welfare and Institutions Code   is amended to read:  16519.5. (a) The State Department of Social Services, in consultation with county child welfare agencies, foster parent associations, and other interested community parties, shall implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, approving relatives and nonrelative extended family members as foster care providers, and approving adoptive families. (b) (1) Counties shall be selected to participate on a voluntary basis as early implementation counties for the purpose of participating in the initial development of the approval process. Early implementation counties shall be selected according to criteria developed by the department in consultation with the County Welfare Directors Association. In selecting the five early implementation counties, the department shall promote diversity among the participating counties in terms of size and geographic location. (2) Additional counties may participate in the early implementation of the program upon authorization by the department. (c) (1) For the purposes of this  section   chapter  , "resource family" means an individual or couple that a participating county  or foster family agency  determines to have successfully met both the home approval standards and the permanency assessment criteria adopted pursuant to subdivision (d) necessary for providing care for a related or unrelated child who is under the jurisdiction of the juvenile court, or otherwise in the care of a county child welfare agency or probation department. A resource family shall demonstrate all of the following: (A) An understanding of the safety, permanence, and well-being needs of children who have been victims of child abuse and neglect, and the capacity and willingness to meet those needs, including the need for protection, and the willingness to make use of support resources offered by the agency, or a support structure in place, or both. (B) An understanding of 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 maintain the least restrictive and most familylike environment that serves the needs of the child. (2) Subsequent to meeting the criteria set forth in this subdivision and designation as a resource family, a resource family shall be considered eligible to provide foster care for related and unrelated children in out-of-home placement, shall be considered approved for adoption or guardianship, and shall not have to undergo any additional approval or licensure as long as the family lives in a county participating in the program. (3) Resource family assessment and approval means that the applicant meets the standard for home approval, and has successfully completed a permanency assessment. This approval is in lieu of the existing foster care license, relative or nonrelative extended family member approval, and the adoption home study approval. (4) Approval of a resource family does not guarantee an initial or continued placement of a child with a resource family. (d) Prior to implementation of this program, the department shall adopt standards pertaining to home approval and permanency assessment of a resource family. (1) Resource family home approval standards shall include, but not be limited to, all of the following: (A) (i) Criminal records clearance of all adults residing in the home, pursuant to Section 8712 of the Family Code, utilizing a check of the Child Abuse Central Index (CACI), a check of the Child Welfare Services/Case Management System (CWS/CMS), and receipt of a fingerprint-based state and federal criminal offender record information search response . The criminal history information shall include subsequent state and federal arrest and disposition notifications pursuant to Section 11105.2 of the Penal Code. (ii) Consideration of any substantiated allegations of child abuse or neglect against either the applicant or any other adult residing in the home. An approval may not be granted to applicants whose criminal record indicates a conviction for any of the offenses specified in subdivision (g) of Section 1522 of the Health and Safety Code. (iii) Exemptions from the criminal records clearance requirements set forth in this section may be granted by the director or the early implementation county, if that county has been granted permission by the director to issue criminal records exemptions pursuant to Section 361.4, using the exemption criteria currently used for foster care licensing as specified in subdivision (g) of Section 1522 of the Health and Safety Code. (B) Buildings and grounds and storage requirements set forth in Sections 89387 and 89387.2 of Title 22 of the California Code of Regulations. (C) In addition to the foregoing requirements, the resource family home approval standards shall also require the following: (i) That the applicant demonstrate an understanding about the rights of children in care and his or her responsibility to safeguard those rights. (ii) That the total number of children residing in the home of a resource family shall be no more than the total number of children the resource family can properly care for, regardless of status, and shall not exceed six children, unless exceptional circumstances that are documented in the foster 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 and most familylike environment that serves the needs of the child. (D) The results of a caregiver risk assessment are consistent with the factors listed in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (c). A caregiver risk assessment shall include, but not be limited to, physical and mental health, alcohol and other substance use and abuse, and family and domestic violence. (2) The resource family permanency assessment standards shall include, but not be limited to, all of the following: (A) The applicant shall complete caregiver training. (B) The applicant shall complete a psychosocial evaluation. (C) The applicant shall complete any other activities that relate to a resource family's ability to achieve permanency with the child. (e) (1) A child may be placed with a resource family that has received home approval prior to completion of a permanency assessment only if a compelling reason for the placement exists based on the needs of the child. (2) The permanency assessment shall be completed within 90 days of the child's placement in the approved home, unless good cause exists based upon the needs of the child. (3) If additional time is needed to complete the permanency assessment, the county shall document the extenuating circumstances for the delay and generate a timeframe for the completion of the permanency assessment. (4) The county shall report to the department on a quarterly basis the number of families with a child in an approved home whose permanency assessment goes beyond 90 days and summarize the reasons for these delays. (5) A child may be placed with a relative, as defined in Section 319, or nonrelative extended family member, as defined in Section 362.7, prior to home approval and completion of the permanency assessment only on an emergency basis if all of the following requirements are met: (A) Consideration of the results of a criminal records check conducted pursuant to Section 16504.5 of the relative or nonrelative extended family member and of every other adult in the home. (B) Consideration of the results of the Child Abuse Central Index (CACI) consistent with Section 1522.1 of the Health and Safety Code of the relative or nonrelative extended family member, and of every other adult in the home. (C) The home and grounds are free of conditions that pose undue risk to the health and safety of the child. (D) For any placement made pursuant to this paragraph, the county shall initiate the home approval process no later than five business days after the placement, which shall include a face-to-face interview with the resource family applicant and child. (E) For any placement made pursuant to this paragraph, AFDC-FC funding shall not be available until the home has been approved. (F) Any child placed under this section shall be afforded all the rights set forth in Section 16001.9. (f) The State Department of Social Services shall be responsible for all of the following: (1) Selecting early implementation counties, based on criteria established by the department in consultation with the County Welfare Directors Association. (2) Establishing timeframes for participating counties to submit an implementation plan, enter into terms and conditions for participation in the program, train appropriate staff, and accept applications from resource families. (3) Entering into terms and conditions for participation in the program by counties. (4) Administering the  early implementation of the  program through the issuance of written directives that shall have the same force and effect as regulations. Any directive affecting Article 1 (commencing with Section 700) of Chapter 7 of Title 11 of the California Code of Regulations shall be approved by the Department of Justice. The directives shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340)) of Part 1 of Division 3 of Title 2 of the Government Code. (5) Approving and requiring the use of a single standard for resource family home approval and permanency assessment. (6) Adopting and requiring the use of standardized documentation for the home approval and permanency assessment of resource families. (7) Requiring counties to monitor resource families including, but not limited to, all of the following: (A) Investigating complaints of resource families. (B) Developing and monitoring resource family corrective action plans to correct identified deficiencies and to rescind resource family approval if compliance with corrective action plans is not achieved. (8) Ongoing oversight and monitoring of county systems and operations including all of the following: (A) Reviewing the county's implementation of the program. (B) Reviewing an adequate number of approved resource families in each participating county to ensure that approval standards are being properly applied. The review shall include case file documentation, and may include onsite inspection of individual resource families. The review shall occur on an annual basis, and more frequently if the department becomes aware that a participating county is experiencing a disproportionate number of complaints against individual resource family homes. (C) Reviewing county reports of serious complaints and incidents involving approved resource families, as determined necessary by the department. The department may conduct an independent review of the complaint or incident and change the findings depending on the results of its investigation. (D) Investigating unresolved complaints against participating counties. (E) Requiring corrective action of counties that are not in full compliance with the terms and conditions of the program. (9) Preparing or having prepared, and submitting to the Legislature, a report on the results of the initial phase of implementation of the program. The report shall include all of the following: (A) An analysis, utilizing available data, of state and federal data indicators related to the length of time to permanency including reunification, guardianship and adoption, child safety factors, and placement stability. (B) An analysis of resource family recruitment and retention elements, including resource family satisfaction with approval processes and changes regarding the population of available resource families. (C) An analysis of cost, utilizing available data, including funding sources. (D) An analysis of regulatory or statutory barriers to implementing the program on a statewide basis. (g) Counties participating in the program shall be responsible for all of the following: (1) Submitting an implementation plan, entering into terms and conditions for participation in the program, consulting with the county probation department in the development of the implementation plan, training appropriate staff, and accepting applications from resource families within the timeframes established by the department. (2) Complying with the written directives pursuant to paragraph (4) of subdivision (f). (3) Implementing the requirements for resource family home approval and permanency assessment and utilizing standardized documentation established by the department. (4) (A) Ensuring staff have the education and experience necessary to complete the home approval and permanency assessment competently. (B) A county may contract with a licensed adoption agency to complete the permanency assessment. A permanency assessment completed by a licensed adoption agency shall be reviewed and approved by the county. (5) Approving and denying resource family applications, including all of the following: (A) Rescinding home approvals and resource family approvals where appropriate, consistent with the established standard. (B) Providing an applicant and disapproved resource family requesting review of that decision with due process pursuant to the department's regulations. (C) Notifying the department of any decisions denying a resource family's application or rescinding the approval of a resource family. (6) Updating resource family approval annually. (7) Monitoring resource families through all of the following: (A) Ensuring that social workers who identify a condition in the home that may not meet the approval standards set forth in subdivision (d) while in the course of a routine visit to children placed with a resource family take appropriate action as needed. (B) Requiring resource families to comply with corrective action plans as necessary to correct identified deficiencies. If corrective action is not completed as specified in the plan, the county may rescind the resource family approval. (C) Requiring resource families to report to the county child welfare agency any incidents consistent with the reporting requirements for licensed foster family homes. (8) Investigating all complaints against a resource family and taking action as necessary. This shall include investigating any incidents reported about a resource family indicating that the approval standard is not being maintained. (A) The 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 perform the home approval or permanency assessment. (B) Upon conclusion of the complaint investigation, the final disposition shall be reviewed and approved by a supervising staff member. (C) The department shall be notified of any serious incidents or serious complaints or any incident that falls within the definition of Section 11165.5 of the Penal Code. If those incidents or complaints result in an investigation, the department shall also be notified as to the status and disposition of that investigation. (9) Performing corrective action as required by the department. (10) Assessing county performance in related areas of the California Child and Family Services Review System, and remedying problems identified. (11) Submitting information and data that the department determines is necessary to study, monitor, and prepare the report specified in paragraph (9) of subdivision (f).  (12) Ensuring that resource families have the necessary knowledge, skills, and abilities to support children in foster care by completing caregiver training. The training should include a curriculum that supports the role of a resource family in parenting vulnerable children and should be ongoing in order to provide resource families with information on new practices and changes within the foster care system.   (13) Ensuring that a resource family applicant completes a minimum number of training hours, as prescribed. The training shall include, but not be limited to, all of the following training courses:   (A) An overview of the child protective system.   (B) The effects of child abuse and neglect on child development.   (C) Positive discipline and the importance of self-esteem.   (D) Health issues in foster care, including the administration of psychotropic and other medications.   (E) Accessing education and health services available to foster children.   (F) The rights of a child in foster care, and the foster parent'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 relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.   (H) Basic instruction on existing laws and procedures regarding the safety of foster youth at school; and ensuring a harassment and violence free school environment pursuant to the California Student Safety and Violence Prevention Act of 2000 (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).   (I) Permanence and well-being needs of children.   (J) Child and adolescent development.   (K) The role of foster parents, including working cooperatively with the child welfare agency, the child's family, and other service providers implementing the case plan.   (L) A foster parent's responsibility to act as a reasonable and prudent parent; and to maintain the least restrictive, most family-like environment that serves the needs of the child.   (14) Ensuring approved resource families complete a minimum number of training hours annually, as prescribed. The annual training shall include, but not be limited to, all of the following training courses:   (A) Age-appropriate child development.   (B) Health issues in foster care, including the administration of psychotropic and other medications.   (C) Positive discipline and the importance of self-esteem.   (D) Emancipation and independent living skills if a foster parent is caring for youth.   (E) The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.   (F) Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.  (h) (1) Approved relatives and nonrelative extended family members, licensed foster family homes, or approved adoptive homes that have completed the license or approval process prior to full implementation of the program shall not be considered part of the program. The otherwise applicable assessment and oversight processes shall continue to be administered for families and facilities not included in the program. (2) Upon implementation of the program in a county, that county may not accept new applications for the licensure of foster family homes, the approval of relative and nonrelative extended family members, or the approval of prospective adoptive homes. (i) The department may waive regulations that pose a barrier to implementation and operation of this program. The waiver of any regulations by the department pursuant to this section shall apply to only those counties  or foster family agencies  participating in the program and only for the duration of the program. (j) Resource families approved under initial implementation of the program, who move within an early implementation county or who move to another early implementation county, shall retain their resource family status if the new building and grounds, outdoor activity areas, and storage areas meet home approval standards. The State Department of Social Services or early implementation county may allow a program-affiliated individual to transfer his or her subsequent arrest notification if the individual moves from one early implementation county to another early implementation county, as specified in subdivision (h) of Section 1522 of the Health and Safety Code. (k) (1) The approval of a resource family who moves to a nonparticipating county remains in full force and effect pending a determination by the county approval agency or the department, as appropriate, whether the new building and grounds and storage areas meet applicable standards, and whether all adults residing in the home have a criminal records clearance or exemptions granted, using the exemption criteria used for foster care licensing, as specified in subdivision (g) of Section 1522 of the Health and Safety Code. Upon this determination, the nonparticipating county shall either approve the family as a relative or nonrelative extended family member, as applicable, or the department shall license the family as a foster family home. (2) Subject to the requirements in paragraph (1), the family shall continue to be approved for guardianship and adoption. Nothing in this subdivision shall limit a county or adoption agency from determining that the family is not approved for guardianship or adoption based on changes in the family's circumstances or permanency assessment. (3) A program-affiliated individual who moves to a nonparticipating county may not transfer his or her subsequent arrest notification from a participating county to the nonparticipating county. (  l  ) Implementation of the program shall be contingent upon the continued availability of federal Social Security Act Title IV-E (42 U.S.C. Sec. 670) funds for costs associated with placement of children with resource families assessed and approved under the program. (m) A child placed with a resource family shall be eligible for AFDC-FC payments. A resource family  , or a foster family agency pursuant to subdivisions (q) and (r),  shall be paid an AFDC-FC rate pursuant to Sections 11460  and   ,  11461  , and 11463  . Sharing ratios for nonfederal expenditures for all costs associated with activities related to the approval of relatives and nonrelative extended family members shall be in accordance with Section 10101. (n) The Department of Justice shall charge fees sufficient to cover the cost of initial or subsequent criminal offender record information and Child Abuse Central Index searches, processing, or responses, as specified in this section. (o) Approved resource families under this program shall be exempt from all of the following: (1) Licensure requirements set forth under the Community Care Facilities Act, commencing with Section 1500 of the Health and Safety Code, and all regulations promulgated thereto. (2) Relative and nonrelative extended family member approval requirements set forth under Sections 309, 361.4, and 362.7, and all regulations promulgated thereto. (3) Adoptions approval and reporting requirements set forth under Section 8712 of the Family Code, and all regulations promulgated thereto. (p) Early implementation counties shall be authorized to continue through the end of the 2016-17 fiscal year, or through the end of the third full fiscal year following the date that counties commence implementation, whichever of these dates is later. The program is authorized in all counties effective July 1, 2017. The program shall be implemented by each county on or before July 1, 2019. (q) Notwithstanding any other law, on and after July 1, 2017, a licensed foster family agency shall require a certified family home applicant to meet the resource family approval standards and requirements set forth in this  article   chapter  and in the written directives adopted pursuant to paragraph (4) of subdivision (f), prior to  certification   approval  .  (r) No later than July 1, 2017, the department may establish participation conditions, and select and authorize a foster family agency that voluntarily submits an implementation plan and revised plan of operation in accordance with requirements established by the department, to approve resource families in lieu of certifying foster homes.   (1) Except for subdivision (g), a participating foster family agency shall comply with the resource family approval standards set forth in this chapter and in the written directives issued pursuant to paragraph (4) of subdivision (f).   (2) Notwithstanding any other law, the department shall enforce the resource family approval standards and requirements set forth in this chapter and in the written directives issued pursuant to paragraph (4) of subdivision (f) against a participating foster family agency. In the event of any conflict with the Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code), this section shall be controlling. This subdivision does not impose any new responsibilities upon the counties as described in subdivision (g).   (3) Nothing in this subdivision shall limit the department's authority to take administrative action against a foster family agency or a certified family home of a foster family agency. For purposes of Article 5 of Chapter 3 of Division 2 of the Health and Safety Code, a certified family home includes a resource family approved by a foster family agency pursuant to this subdivision.   (4) The department may adjust the foster family agency AFDC-FC rate pursuant to Section 11463 for implementation of this subdivision.   SEC. 81.   Section 16519.52 is added to the   Welfare and Institutions Code   , to read:   16519.52. (a) A resource family may install and use delayed egress devices of the time delay type in the home of the resource family. (b) As used in this section, "delayed egress device" means a device that precludes the use of exits for a predetermined period of time. These devices shall not delay any resident's departure from the home for longer than 30 seconds. (c) Within the 30 seconds of delay, a resource family may attempt to redirect a resident who attempts to leave the home. (d) Any person accepted by a resource family using delayed egress devices in the home shall meet all of the following conditions: (1) The person shall have a developmental disability, as defined in Section 4512. (2) The person shall be receiving services and case management from a regional center under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)). (3) An interdisciplinary team, through the Individual Program Plan (IPP) process pursuant to Section 4646.5, shall have determined that the person lacks hazard awareness or impulse control and requires the level of supervision afforded by a resource family in a home equipped with delayed egress devices, and that, but for this placement, the person would be at risk of admission to, or would have no option but to remain in, a more restrictive state hospital or state developmental center placement. (e) The home shall be subject to all fire and building codes, regulations, and standards applicable to residential care facilities for the elderly utilizing delayed egress devices, and shall receive approval by the county or city fire department, the local fire prevention district, or the State Fire Marshal for the installed delayed egress devices. (f) The resource family shall provide training regarding the use and operation of the egress control devices used by any person caring for a resident, protection of residents' personal rights, lack of hazard awareness and impulse control behavior, and emergency evacuation procedures. (g) The resource family shall develop a plan of operation that is authorized by the approving county and includes a description of how the home is to be equipped with egress control devices that are consistent with regulations adopted by the State Fire Marshal pursuant to Section 13143 of the Health and Safety Code. (h) The plan shall include, but shall not be limited to, all of the following: (1) A description of how the resource family will provide training for persons caring for a resident regarding the use and operation of the egress control devices used in the home. (2) A description of how the resource family will ensure the protection of the residents' personal rights consistent with Sections 4502, 4503, and 4504. (3) A description of how the resource family will manage the person's lack of hazard awareness and impulse control behavior. (4) A description of the resource family's emergency evacuation procedures. (i) Delayed egress devices shall not substitute for adequate supervision. The capacity of the home shall not exceed six residents. (j) Emergency fire and earthquake drills shall be conducted at least once every three months, and shall include all persons providing resident care and supervision.   SEC. 82.   Section 16519.53 is added to the   Welfare and Institutions Code   , to read:   16519.53. (a) A resource family shall be authorized to administer emergency medical assistance and injections for severe diabetic hypoglycemia and anaphylactic shock to a foster child in placement in accordance with subdivision (a) of Section 1507.25 of the Health and Safety Code. (b) A resource family shall be authorized to administer subcutaneous injections of other medications, including insulin, as prescribed by a child's physician, to a foster child in placement in accordance with subdivision (b) of Section 1507.25 of the Health and Safety Code.   SEC. 83.   Section 16519.54 is added to the   Welfare and Institutions Code   , to read:   16519.54. Notwithstanding any other law, a resource family shall not be subject to civil penalties imposed pursuant to the Community Care Facilities Care Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code).   SEC. 84.   Section 16519.55 is added to the   Welfare and Institutions Code   , to read:   16519.55. (a) Subject to subdivision (b), to encourage the recruitment of resource families, to protect their personal privacy, and to preserve the security of confidentiality of the placements with resource families, the names, addresses, and other identifying information of resource families shall be considered personal information for purposes of the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). This information shall not be disclosed by any state or local agency pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), except as necessary for administering the resource family approval program, facilitating the placement of children with resource families, and providing names and addresses only to bona fide professional foster parent organizations upon request. (b) The department, a county, or a foster family agency may request information from, or divulge information to, the department, a county, or a foster family agency, regarding a prospective resource family for the purpose of and as necessary to conduct a reference check to determine whether it is safe and appropriate to approve an applicant to be a resource family.   SEC. 85.   Section 18251 of the   Welfare and Institutions Code   is amended to read:  18251. As used in this chapter: (a) "County" means each county participating in an individualized or wraparound services program. (b) "County placing agency" means a county welfare or probation department, or a county mental health department. (c) "Eligible child" means a child or nonminor dependent, as described in subdivision (v) of Section 11400, who is any of the following: (1) A child or nonminor dependent who has been adjudicated as either a dependent, transition dependent, or ward of the juvenile court pursuant to Section 300, 450, 601, or 602 and who would be placed in a group home licensed by the department at a rate classification level of 10 or higher  , or commencing January 1, 2017, would be placed in a short-term residential treatment center  . (2) A child or nonminor dependent who is currently, or who would be, placed in a group home licensed by the department at a rate classification level of 10 or higher  , or commencing January 1, 2017, would be placed in a short-term residenti   al treatment center  . (3) A child who is eligible for adoption assistance program benefits when the responsible public agency has approved the provision of wraparound services in lieu of out-of-home placement care at a rate classification level of 10 or higher  ,   or commencing January 1, 2017, would be placed in a short-term residential treatment center  . (d) "Wraparound services" means community-based intervention services that emphasize the strengths of the child and family and includes the delivery of coordinated, highly individualized unconditional services to address needs and achieve positive outcomes in their lives. (e) "Service allocation slot" means a specified amount of funds available to the county to pay for an individualized intensive wraparound services package for an eligible child. A service allocation slot may be used for more than one child on a successive basis.  SEC. 86.   Section 18254 of the   Welfare and Institutions Code   is amended to read:  18254. (a) Rates for wraparound services, under the wraparound services program, shall be based on the following factors: (1) The average cost of rate classification 10 to 11 in each county, minus the cost of any concurrent out-of-home placement, for children who are or would be placed in a rate level 10 or 11 group home. (2) The average cost of rate classification 12 to 14 in each county, minus the cost of any concurrent out-of-home placement, for children who are or would be placed in a rate level 12 to 14 group home. (b) (1) Prior to the 2011-12 fiscal year, the department shall reimburse each county, for the purpose of providing intensive wraparound services, up to 100 percent of the state share of nonfederal funds, to be matched by each county's share of cost as established by law, and to the extent permitted by federal law, up to 100 percent of the federal funds allocated for group home placements of eligible children, at the rate authorized pursuant to subdivision (a). (2) Beginning in the 2011-12 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code. (c) County, and to the extent permitted by federal law, federal, foster care funds shall remain with the administrative authority of the county, which may enter into an interagency agreement to transfer those funds, and shall be used to provide intensive wraparound services. (d) Costs for the provision of benefits to eligible children, at rates authorized by subdivision (a), through the wraparound services program authorized by this chapter, shall not exceed the costs which would otherwise have been incurred had the eligible children been placed in a group home.  (e) This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.   SEC. 87.   Section 18254 is added to the   Welfare and Institutions Code   , to read:   18254. (a) Commencing January 1, 2017, the rate for wraparound services, under the wraparound services program, shall be eight thousand five hundred seventy-three dollars ($8,573), based on the average cost of rate classification levels 10.5 and 13 in effect for the 2014-15 fiscal year. (1) The rate was determined by using the existing rates determined for the 2014-15 fiscal year for rate classification levels 10.5 and 13. (A) Combining and calculating the average of the two. (B) Minus the cost of any concurrent out-of-home placement for children who are or would be placed in a rate classification level 10 to 11 and 12 to 14 group home, respectively. (b) For each fiscal year, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code. (c) County and federal foster care funds, to the extent permitted by federal law, shall remain with the administrative authority of the county, which may enter into an interagency agreement to transfer those funds, and shall be used to provide intensive wraparound services. (d) Costs for the provision of benefits to eligible children, at rates authorized by subdivision (a), through the wraparound services program authorized by this chapter, shall not exceed the costs that otherwise would have been incurred had the eligible children been placed in a short-term residential treatment center. (e) Commencing January 1, 2018, and each January 1 thereafter, an annual cost-of-living increase shall be applied to the wraparound rate, subject to the availability of county funds, equal to the California Necessities Index used in the preparation of the May Revision for the current fiscal year. This adjustment is not a reimbursable mandate pursuant to Section 30026.5 of the Government Code.   SEC. 88.   (a) The State Department of Social Services and the State Department of Health Care Services shall adopt regulations as required to implement the provisions of this act.   (b) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the departments identified in subdivision (a) may implement and administer the changes made by this legislation through all-county letters or similar written instructions until regulations are adopted.   SEC. 89.   The Legislature finds and declares that Section 85 of this act, which adds Section 16519.55 to the Welfare and Institutions Code, imposes a limitation on the public's right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:   In order to encourage the recruitment of resource families, to protect their personal privacy, and to preserve the security of confidentiality of the placements with resource families, it is necessary that the names, addresses, and other identifying information of resource families not be disclosed by any state or local agency pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), except as necessary for administering the resource family approval program, facilitating the placement of children with resource families, and providing names and addresses only to bona fide professional foster parent organizations upon request.   SEC. 90.   Except as required by Section 36 of Article XIII of the California Constitution, no reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs because, in that regard, this act implements a federal law or regulation and results in costs mandated by the federal government, within the meaning of Section 17556 of the Government Code.   No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.   With regard to other costs, to the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state nor otherwise be subject to Section 6 of Article XIII B of the California Constitution.   SECTION 1.   It is the intent of the Legislature to enact legislation that would reform the continuum of care for youth in foster care in the areas of placement setting, accreditation, temporary transition strategies, foster family agency licensure, provision of core services, residential treatment service provisions, residential treatment center employment requirements, rates, program auditing, and performance measures and transparency.