| 1 | | - | Amended IN Assembly March 17, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 896Introduced by Assembly Member Elhawary(Principal coauthor: Assembly Member Rivas)February 19, 2025 An act to amend Section 16500 of Sections 16001.9, 16010.7, and 16519.5 of, and to add Section 16010.11 to, the Welfare and Institutions Code, relating to child welfare services.LEGISLATIVE COUNSEL'S DIGESTAB 896, as amended, Elhawary. Child welfare services. Foster care: placement transition planning.Existing law generally provides for the placement of foster youth in various placement settings. Existing law requires, prior to making a change in the placement of a dependent child, a social worker or placing agency to develop and implement a placement preservation strategy to preserve the dependent childs placement.This bill would, among other things, require each county child welfare agency to adopt a placement transition planning policy for supporting foster children who are transitioning between placement settings and who are transitioning from foster care to reunification, and requires that the policy ensures that foster children are provided the opportunity to provide input on their placement transition and provides guidance to social workers for obtaining input and sharing information in placement transition planning. The bill would require, if a childs placement cannot be preserved, the social worker to ensure that there is appropriate placement transition planning, consistent with the countys adopted policy. The bill would require the State Department of Social Services to issue guidance to county child welfare agencies to describe best practices and strategies for successful placement transition planning, and would require county child welfare agencies to submit to the department its placement transition planning policy, as specified. By imposing new duties on counties, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing law requires the state, through the State Department of Social Services and county welfare departments, to establish and support a public system of statewide child welfare services to be developed as rapidly as possible and to be available in each county of the state. Existing law requires all counties to establish and maintain specialized organizational entities within the county welfare department, having sole responsibility for the operation of the child welfare services program.This bill would make technical, nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. (a) The Legislature finds and declares all of the following:(1) Children in out-of-home care can experience multiple changes in placement, and those transitions can result in trauma, not only for the child, but also for caregivers, families, siblings, and all professionals involved.(2) Not having a developmentally and trauma-informed transition plan may adversely impact a childs healthy development, as well as the childs continuing capacity to trust, attach to others, and build relationships in the future.(3) The best child welfare practices recognize the need to prioritize the minimization of the number of placement changes for every child in out-of-home care. Furthermore, efforts must be made to support caregivers in order to promote stability. When placement changes are necessary, they must be in the best interest of the child and should be thoughtfully planned whenever possible.(4) Transition plans are critical when moving all children, including infants, toddlers, schoolage children, adolescents, and young adults.(b) It is the intent of the Legislature that a placement change for a child in out-of-home care be achieved ideally through a period of transition that is unique to each child, provides support for all individuals affected by the change, and has flexible planning to allow for changes necessary to meet the needs of the child.SEC. 2. Section 16001.9 of the Welfare and Institutions Code is amended to read:16001.9. (a) All children placed in foster care, either voluntarily or after being adjudged a ward or dependent of the juvenile court pursuant to Section 300, 601, or 602, shall have the rights specified in this section. These rights also apply to nonminor dependents in foster care, except when they conflict with nonminor dependents retention of all their legal decisionmaking authority as an adult. The rights are as follows:(1) To live in a safe, healthy, and comfortable home where they are treated with respect. If the child is an Indian child, to live in a home that upholds the prevailing social and cultural standards of the childs Indian community, including, but not limited to, family, social, and political ties.(2) To be free from physical, sexual, emotional, or other abuse, corporal punishment, and exploitation.(3) To receive adequate and healthy food, adequate clothing, grooming and hygiene products, and an age-appropriate allowance. Clothing and grooming and hygiene products shall respect the childs culture, ethnicity, and gender identity and expression.(4) To be placed in the least restrictive setting possible, regardless of age, physical health, mental health, sexual orientation, and gender identity and expression, juvenile court record, or status as a pregnant or parenting youth, unless a court orders otherwise.(5) To be placed with a relative or nonrelative extended family member if an appropriate and willing individual is available.(6) To not be locked in any portion of their foster care placement, unless placed in a community treatment facility.(7) To have a placement that utilizes trauma-informed and evidence-based deescalation and intervention techniques, to have law enforcement intervention requested only when there is an imminent threat to the life or safety of a child or another person or as a last resort after other diversion and deescalation techniques have been utilized, and to not have law enforcement intervention used as a threat or in retaliation against the child.(8) To not be detained in a juvenile detention facility based on their status as a dependent of the juvenile court or the child welfare services departments inability to provide a foster care placement. If they are detained, to have all the rights afforded under the United States Constitution, the California Constitution, and all applicable state and federal laws.(9) To have storage space for private use.(10) To be free from unreasonable searches of personal belongings.(11) To be provided the names and contact information for social workers, probation officers, attorneys, service providers, foster youth advocates and supporters, Court Appointed Special Advocates (CASAs), and education rights holder if other than the parent or parents, and when applicable, representatives designated by the childs Indian tribe to participate in the juvenile court proceeding, and to communicate with these individuals privately.(12) To visit and contact siblings, family members, and relatives privately, unless prohibited by court order, and to ask the court for visitation with the childs siblings.(13) To make, send, and receive confidential telephone calls and other electronic communications, and to send and receive unopened mail, unless prohibited by court order.(14) To have social contacts with people outside of the foster care system, including, but not limited to, teachers, coaches, religious or spiritual community members, mentors, and friends. If the child is an Indian child, to have the right to have contact with tribal members and members of their Indian community consistent with the prevailing social and cultural conditions and way of life of the Indian childs tribe.(15) To attend religious services, activities, and ceremonies of the childs choice, including, but not limited to, engaging in traditional Native American religious practices.(16) To participate in extracurricular, cultural, racial, ethnic, personal enrichment, and social activities, including, but not limited to, access to computer technology and the internet, consistent with the childs age, maturity, developmental level, sexual orientation, and gender identity and expression.(17) 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 and expression, mental or physical disability, or HIV status.(18) To have caregivers, child welfare and probation personnel, and legal counsel who have received instruction on cultural competency and sensitivity relating to sexual orientation, gender identity and expression, and best practices for providing adequate care to lesbian, gay, bisexual, and transgender children in out-of-home care.(19) To be placed in out-of-home care according to their gender identity, regardless of the gender or sex listed in their court, child welfare, medical, or vital records, to be referred to by the childs preferred name and gender pronoun, and to maintain privacy regarding sexual orientation and gender identity and expression, unless the child permits the information to be disclosed, or disclosure is required to protect their health and safety, or disclosure is compelled by law or a court order.(20) To have child welfare and probation personnel and legal counsel who have received instruction on the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.) and on cultural competency and sensitivity relating to, and best practices for, providing adequate care to Indian children in out-of-home care.(21) To have recognition of the childs political affiliation with an Indian tribe or Alaskan village, including a determination of the childs membership or citizenship in an Indian tribe or Alaskan village; to receive assistance in becoming a member of an Indian tribe or Alaskan village in which the child is eligible for membership or citizenship; to receive all benefits and privileges that flow from membership or citizenship in an Indian tribe or Alaskan village; and to be free from discrimination based on the childs political affiliation with an Indian tribe or Alaskan village.(22) (A) To access and receive medical, dental, vision, mental health, and substance use disorder services, and reproductive and sexual health care, with reasonable promptness that meets the needs of the child, to have diagnoses and services explained in an understandable manner, and to participate in decisions regarding health care treatment and services. This right includes covered gender affirming health care and gender affirming mental health care, and is subject to existing laws governing consent to health care for minors and nonminors and does not limit, add, or otherwise affect applicable laws governing consent to health care.(B) To view and receive a copy of their medical records to the extent they have the right to consent to the treatment provided in the medical record and at no cost to the child until they are 26 years of age.(23) Except in an emergency, to be free of the administration of medication or chemical substances, and to be free of all psychotropic medications unless prescribed by a physician, and in the case of children, authorized by a judge, without consequences or retaliation. The child has the right to consult with and be represented by counsel in opposing a request for the administration of psychotropic medication and to provide input to the court about the request to authorize medication. The child also has the right to report to the court the positive and adverse effects of the medication and to request that the court reconsider, revoke, or modify the authorization at any time.(24) (A) To have access to age-appropriate, medically accurate information about reproductive health care, the prevention of unplanned pregnancy, and the prevention and treatment of sexually transmitted infections.(B) At any age, to consent to or decline services regarding contraception, pregnancy care, and perinatal care, including, but not limited to, abortion services and health care services for sexual assault without the knowledge or consent of any adult.(C) At 12 years of age or older, to consent to or decline health care services to prevent, test for, or treat sexually transmitted diseases, including HIV, and mental health services, without the consent or knowledge of any adult.(25) At 12 years of age or older, to choose, whenever feasible and in accordance with applicable law, their own health care provider for medical, dental, vision, mental health, substance use disorder services, and sexual and reproductive health care, if payment for the service is authorized under applicable federal Medicaid law or other approved insurance, and to communicate with that health care provider regarding any treatment concerns or needs and to request a second opinion before being required to undergo invasive medical, dental, or psychiatric treatment.(26) To confidentiality of medical and mental health records, including, but not limited to, HIV status, substance use disorder history and treatment, and sexual and reproductive health care, consistent with existing law.(27) To attend school, to remain in the childs school of origin, to immediate enrollment upon a change of school, to partial credits for any coursework completed, and to priority enrollment in preschool, after school programs, a California State University, and each community college district, and to receive all other necessary educational supports and benefits, as described in the Education Code.(28) To have access to existing information regarding the educational options available, including, but not limited to, the coursework necessary for career, technical, and postsecondary educational programs, and information regarding financial aid for postsecondary education, and specialized programs for current and former foster children available at the University of California, the California State University, and the California Community Colleges.(29) To attend Independent Living Program classes and activities, if the child meets the age requirements, and to not be prevented by caregivers from attending as a consequence or punishment.(30) To maintain a bank account and manage personal income, consistent with the childs age and developmental level, unless prohibited by the case plan.(31) To work and develop job skills at an age-appropriate level, consistent with state law.(32) For children 14 to 17 years of age, inclusive, to receive a consumer credit report provided to the child by the social worker or probation officer on an annual basis from each of the three major credit reporting agencies, and to receive assistance with interpreting and resolving any inaccuracies.(33) To be represented by an attorney in juvenile court; to have an attorney appointed to advise the court of the childs wishes, to advocate for the childs protection, safety, and well-being, and to investigate and report to the court on legal interests beyond the scope of the juvenile proceeding; to speak to the attorney confidentially; and to request a hearing if the child feels their appointed counsel is not acting in their best interest or adequately representing their legal interests.(34) (A) To receive a notice of court hearings, to attend court hearings, to speak to the judge, to view and receive a copy of the court file, subject to existing federal and state confidentiality laws, and to object to or request the presence of interested persons during court hearings. If the child is an Indian child, to have a representative designated by the childs Indian tribe be in attendance during hearings.(B) When a child is entitled to receive a copy of the court report, case plan, and transition to independent living plan (TILP), those items shall be provided in the childs primary language.(35) To the confidentiality of all juvenile court records consistent with existing law.(36) To view and receive a copy of their child welfare records, juvenile court records, and educational records at no cost to the child until the child is 26 years of age, subject to existing federal and state confidentiality laws.(37) To be involved in the development of their own case plan, including placement decisions, decisions and placement transition planning, and plan for permanency. This involvement includes, but is not limited to, the development of case plan elements related to placement and gender affirming health care, with consideration of the childs gender identity. If the child is an Indian child, the case plan shall include protecting the essential tribal relations and best interests of the Indian child by assisting the child in establishing, developing, and maintaining political, cultural, and social relationships with the childs Indian tribe and Indian community.(38) To review the childs own case plan and plan for permanent placement if the child is 10 years of age or older, and to receive information about their out-of-home placement and case plan, including being told of changes to the plan.(39) To request and participate in a child and family team meeting, as follows:(A) Within 60 days of entering foster care, and every 6 months thereafter.(B) If placed in a short-term residential therapeutic program, or receiving intensive home-based services or intensive case coordination, or receiving therapeutic foster care services, to have a child and family team meeting at least every 90 days.(C) To request additional child and family team meetings to address concerns, including, but not limited to, placement disruption, change in service needs, addressing barriers to sibling or family visits, and addressing difficulties in coordinating services.(D) To have both informal and formal support people participate, consistent with state law.(40) (A) To be informed of these rights in an age and developmentally appropriate manner by the social worker or probation officer and to be provided a copy of the rights in this section at the time of placement, any placement change, and at least once every six months or at the time of a regularly scheduled contact with the social worker or probation officer.(B) For a child who speaks a primary language other than English, to be provided a copy of the childs rights in the childs primary language.(41) To be provided with contact information for the Community Care Licensing Division of the State Department of Social Services, the tribal authority approving a tribally approved home, and the State Foster Care Ombudsperson, at the time of each placement, and to contact any or all of these offices immediately upon request regarding violations of rights, to speak to representatives of these offices confidentially, and to be free from threats or punishment for making complaints.(b) The rights described in this section are broad expressions of the rights of children in foster care and are not exhaustive of all rights set forth in the United States Constitution and the California Constitution, federal and California statutes, and case law.(c) This section does not require, and shall not be interpreted to require, a foster care provider to take any action that would impair the health and safety of children in out-of-home placement.(d) The State Department of Social Services and each county welfare department are encouraged to work with the Student Aid Commission, the University of California, the California State University, and the California Community Colleges to receive information pursuant to paragraph (28) of subdivision (a).SEC. 3. Section 16010.7 of the Welfare and Institutions Code is amended to read:16010.7. (a) It is the intent of the Legislature to prevent children or youth in foster care placement from experiencing unnecessary or abrupt foster care placement changes that negatively impact their well-being or sense of security. It is the intent of the Legislature to preserve and strengthen the foster care placement of a child or youth whenever possible. It is also the intent of the Legislature to ensure that foster care placement changes do not occur due to gender, gender identity, race, or cultural differences. The Legislature finds and declares that unnecessary or abrupt foster care placement changes undermine the essential duties that foster caregivers have an obligation to uphold. It is the intent of the Legislature that prior to a caregiver or provider requesting a child or youth to be removed from the caregivers or providers care, the caregiver or provider shall participate in a placement preservation strategy meeting.(b) Prior to making a change in the foster care placement of a child or youth, a social worker or probation officer shall develop with the caregiver a placement preservation strategy, which shall be done in consultation with the child and family team pursuant to clause (ii) of subparagraph (A) of paragraph (4) of subdivision (a) of Section 16501, to preserve the childs or youths foster care placement. The strategy may include, but is not limited to, conflict resolution practices and facilitated meetings, and shall include a referral by the social worker or probation officer to the qualified individual for an assessment, as described in subdivision (g) of Section 4096, if the next placement is anticipated to be in a short-term residential therapeutic program or in an out-of-state residential facility, as defined by paragraph (2) of subdivision (b) of Section 7910 of the Family Code.(c) A social worker or probation officer shall include the strategy developed and implemented pursuant to subdivision (b) within the childs contact notes or equivalent in the statewide child welfare information system.(d) For purposes of this subdivision, the following definitions shall apply:(1) Child and family team has the same meaning as defined in Section 16501.(2) Conflict resolution practices means a process designed to begin a dialogue to address conflict or concerns and identify agreements or solutions, which may be incorporated as part of a meeting of a child and family team.(3) Facilitated meeting means a facilitated process designed to acknowledge, address, and respond to the underlying needs of all parties, that may include, but is not limited to, a meeting of a child and family team.(4) Representative for a child under 10 years of age means the attorney or another individual as authorized by the childs attorney.(e) If, after implementing the placement preservation strategy developed pursuant to subdivision (b), the social worker or probation officer receives a placement change request from the caregiver or provider, or otherwise finds that a foster care placement change is necessary, the social worker, probation officer, or placement agency shall serve written notice on all of the following parties at least 14 calendar days prior to the change:(1) The childs parent or guardian.(2) The childs caregiver.(3) The childs attorney.(4) The child, if the child is 10 years of age or older.(f) If the childs placement cannot be preserved, the social worker shall ensure that there is appropriate placement transition planning, consistent with the county placement transition planning policy, as developed pursuant to Section 16010.11. (f)(g) An unplanned foster care placement change shall not take place between 9 p.m. and 7 a.m., except by the mutual agreement of all of the following persons:(1) The child, if the child is 10 years of age or older, or the representative of the child, if the child is under 10 years of age.(2) The childs current caregiver.(3) The childs prospective caregiver.(4) The childs social worker or probation officer.(g)(h) If a complaint is made to the Office of the State Foster Care Ombudsperson alleging that a placement change occurred in violation of this section, and that complaint is investigated pursuant to Section 16164, the office shall provide the findings of the investigation to, as applicable, the county child welfare director, or the directors designee, or to the chief probation officer, or the chief probation officers designee, for the purposes of training, technical assistance, and quality improvement.(h)(i) Notwithstanding subdivisions (b) and (e), a social worker or probation officer may change a childs foster care placement without fulfilling the requirements of subdivisions (b) and (e) in either of the following circumstances:(1) If it is determined that remaining in the existing foster care placement or providing prior written notice of that foster care placement change poses an imminent risk to the health or safety of the child, youth, other children, or others in the home or facility.(2) If either the child and family team and the child, if the child is 10 years of age or older, or the child and family team and the representative of that child, if the child is less than 10 years of age, unanimously agree to waive the requirements described in subdivisions (b) and (e).(i)(j) This section applies to children and youth for whom the juvenile court has entered a judgment pursuant to Section 360 or 727. This section does not apply to a change in placement pursuant to Section 777 or due to a hospitalization.(j)(k) This section does not apply to a nonminor dependent, as defined in subdivision (v) of Section 11400, who is placed in a Transitional Housing Placement program for nonminor dependents, as defined in subparagraph (B) of paragraph (2) of subdivision (a) of Section 1559.110 of the Health and Safety Code, or a supervised independent living placement, as defined in subdivision (w) of Section 11400.(k)(l) This section does not apply to a planned placement change as informed by the child and family team or that is as described in the childs case plan.SEC. 4. Section 16010.11 is added to the Welfare and Institutions Code, to read:16010.11. (a) (1) Each county child welfare agency shall adopt a policy for supporting foster children who are transitioning between placement settings and who are transitioning from foster care to reunification. The placement transition planning policy shall include both of the following components:(A) Ensure that foster children are provided the opportunity to provide input on their placement transition, as developmentally and age-appropriate and ensure that the childs current or most recent caregiver also has input into the transition needs of the child.(B) Provide guidance to social workers for obtaining input and sharing information in placement transition planning and incorporating the planning into case plans in such a way as to support the strengths and needs of children and to reduce trauma and any psychological, cultural, developmental, relational, spiritual, or emotional harm to the foster child.(2) In developing the placement transition policy, the county child welfare agency shall consult with foster youth and caregivers to create a placement transition policy that includes all of the following:(A) Consideration of a childs educational, medical, mental health, religious or faith-based, cultural, dietary, extracurricular and social, and developmental needs.(B) How to maintain permanent connections for the child, including supporting relationships with relatives, friends, and other individuals who are important to the child, and continuity in health care, education, child daycare, extracurricular and social activities, and other community involvement.(C) How transitions will be managed, including timing, preparation for the move, such as visits or contact with the current and new care provider, ensuring the child has all of their possessions, how the child will be transported to the new placement, and how the child can participate in scheduled upcoming events and activities.(D) How the social worker will ensure that the transition plan is carried out as designed and how any necessary adjustments will occur and be communicated.(E) The designation of an individual who will communicate with the child throughout the transition process to ensure the child understands what is happening and who is involved in decisionmaking.(b) (1) The department, in consultation with counties that have implemented placement transition planning and with other stakeholders who have placement transition planning expertise, shall issue guidance to county child welfare agencies to describe best practices and strategies for successful placement transition planning.(2) A county child welfare agency shall submit to the department its placement transition planning policy, via email or other correspondence, no later than one year after the department has issued its guidance and provided funding to counties to develop their placement transition planning policies.SEC. 5. Section 16519.5 of the Welfare and Institutions Code is amended to read:16519.5. (a) The State Department of Social Services, in consultation with county child welfare agencies, foster parent associations, and other interested community parties, shall implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, certifying foster homes by licensed foster family agencies, approving relatives and nonrelative extended family members as foster care providers, and approving guardians and adoptive families.(b) (1) Counties shall be selected to participate on a voluntary basis as early implementation counties for the purpose of participating in the initial development of the approval process. Early implementation counties shall be selected according to criteria developed by the department in consultation with the County Welfare Directors Association of California. In selecting the five early implementation counties, the department shall promote diversity among the participating counties in terms of size and geographic location.(2) Additional counties may participate in the early implementation of the program upon authorization by the department.(3) The State Department of Social Services shall be responsible for all of the following:(A) Selecting early implementation counties, based on criteria established by the department in consultation with the County Welfare Directors Association of California.(B) Establishing timeframes for participating counties to submit an implementation plan, enter into terms and conditions for early implementation participation in the program, train appropriate staff, and accept applications from resource families.(C) Entering into terms and conditions for early implementation participation in the program by counties.(4) Counties participating in the early implementation of the program shall be responsible for all of the following:(A) Submitting an implementation plan.(B) Entering into terms and conditions for early implementation participation in the program.(C) Consulting with the county probation department in the development of the implementation plan.(D) Training appropriate staff.(E) Accepting applications from resource families within the timeframes established by the department.(5) (A) Approved relatives and nonrelative extended family members, licensed foster family homes, or approved adoptive homes that have completed the license or approval process prior to statewide implementation of the program shall not be considered part of the program. The otherwise applicable assessment and oversight processes shall continue to be administered for families and facilities not included in the program.(B) Upon implementation of the program in a county, that county shall not accept new applications for the licensure of foster family homes, the approval of relative and nonrelative extended family members, or the approval of prospective guardians and adoptive homes.(6) The department may waive regulations that pose a barrier to the early implementation and operation of this program. The waiver of a regulation by the department pursuant to this section applies to only those counties or foster family agencies participating in the early implementation of the program and only for the duration of the program.(7) This subdivision is inoperative on January 1, 2017.(c) (1) For purposes of this article, resource family means an individual or family that has successfully met both the home environment assessment standards and the permanency assessment criteria adopted pursuant to subdivision (d) necessary for providing care for a child placed by a public or private child placement agency by court order, or voluntarily placed by a parent or legal guardian. A resource family shall demonstrate all of the following:(A) An understanding of the safety, permanence, and well-being needs of children who have been victims of child abuse and neglect, and the capacity and willingness to meet those needs, including the need for protection, and the willingness to make use of support resources offered by the agency, or a support structure in place, or both.(B) An understanding of childrens needs and development, effective parenting skills or knowledge about parenting, and the capacity to act as a reasonable, prudent parent in day-to-day decisionmaking.(C) An understanding of the role of the individual or family as a resource family and the capacity to work cooperatively with the agency agency, birth family, as appropriate, other resource families, and other service providers in implementing the childs caseplan. plan and supporting transitions in placement settings or permanency.(D) The financial ability within the household to ensure the stability and financial security of the family. This requirement may be waived for relative and nonrelative extended family member resource families on a case-by-case basis. For purposes of this subparagraph, there is no minimum income requirement and an applicant who will rely on the funding described in subdivision (l) to meet additional household expenses incurred due to the placement of a child shall not, for this reason, be denied approval as a resource family.(E) (i)An ability and willingness to provide a family setting that promotes normal childhood experiences that serves the needs of the child.(F) An ability and willingness to meet the needs of the child regardless of the childs sexual orientation, gender identity, or gender expression, and that, should difficulties around these issues arise, a willingness to obtain resources offered by the county or foster family agency or other available resources to meet those needs.(2) For purposes of this article, and unless otherwise specified, references to a child include a nonminor dependent and nonminor former dependent or ward, as defined in subdivision (v) and paragraph (1) of subdivision (aa) of Section 11400.(3) There is no fundamental right to approval as a resource family. Emergency placement of a child pursuant to Section 309, 319, 361.45, or 727.05, or with a resource family applicant pursuant to subdivision (e), does not entitle an applicant to approval as a resource family.(4) (A) A resource family shall be considered eligible to provide foster care for children in out-of-home placement and approved for adoption and guardianship.(B) (i) Notwithstanding subparagraph (A), a county may approve a resource family to care for a specific child, as specified in the written directives or regulations adopted pursuant to this section. Child-specific approval shall be considered if the applicant is a relative or nonrelative extended family member who has an established and significant relationship with a child or a child is already placed in the home of the relative or nonrelative extended family member pursuant to subdivision (e) or Section 309, 319, 361.45, or 727.05.(ii) When child-specific approval is granted to a relative who has received a criminal records exemption pursuant to clause (iv) of subparagraph (A) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code, the childs placement shall be funded pursuant to Section 11461.3 and the relative shall not be eligible for federal financial participation while the child is placed with them.(iii) In the case of an Indian child for whom the childs tribe is not exercising its right to approve a home, the county shall apply the prevailing social and cultural standards of the Indian community to resource family approval for that child, as required by subdivision (f) of Section 361.31 and the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.). The department shall engage in the tribal consultation process and develop regulations to implement this clause. 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 this clause through all-county letters or other similar instruction, and provide guidance to counties regarding consistent implementation of this clause.(5) For purposes of this article, resource family approval means that the applicant or resource family successfully meets the home environment assessment and permanency assessment standards. This approval is in lieu of a foster family home license issued pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, a certificate of approval issued by a licensed foster family agency, as described in subdivision (b) of Section 1506 of the Health and Safety Code, relative or nonrelative extended family member approval, guardianship approval, and the adoption home study approval.(6) Approval of a resource family does not guarantee an initial, continued, or adoptive placement of a child with a resource family or with a relative or nonrelative extended family member. Approval of a resource family does not guarantee the establishment of a legal guardianship of a child with a resource family.(7) (A) Notwithstanding paragraphs (1) to (6), inclusive, the county shall, consistent with Sections 1520.3 and 1558.1 of the Health and Safety Code, cease any further review of an application if the applicant has had a previous application denial by the department or a county within the preceding year, or if the applicant has had a previous rescission, revocation, or exemption denial or exemption rescission by the department or a county within the preceding two years.(B) Notwithstanding subparagraph (A), the county may continue to review an application if it has determined that the reasons for the previous denial, rescission, or revocation were due to circumstances and conditions that either have been corrected or are no longer in existence. If an individual was excluded from a resource family home or facility licensed by the department, the county shall cease review of the individuals application unless the excluded individual has been reinstated pursuant to subdivision (g) of Section 16519.6 of this code or pursuant to Section 1569.53, subdivision (h) of Section 1558, subdivision (h) of Section 1569.58, or subdivision (h) of Section 1596.8897, of the Health and Safety Code.(C) (i) The county may cease any further review of an application if, after written notice to the applicant, the applicant fails to complete an application without good faith effort and within 30 days of the date of the notice, as specified in the written directives or regulations adopted pursuant to this section.(ii) Clause (i) does not apply if a child is placed with the applicant pursuant to Section 309, 361.45, 727.05, or paragraph (1) of subdivision (e) of Section 16519.5.(D) The cessation of an application review pursuant to this paragraph does not constitute a denial of the application for purposes of this section or any other law.(E) For purposes of this section, the date of a previous denial, rescission, revocation, exemption denial or exemption rescission, or exclusion shall be either of the following:(i) The effective date of a final decision or order upholding a notice of action or exclusion order.(ii) The date on the notice of the decision to deny, rescind, revoke, or exclude if the notice was not appealed or otherwise constitutes a final decision.(8) A resource family shall meet the approval standards set forth in this section, and, as applicable, Chapter 6.3 (commencing with Section 18360) of Part 6, to maintain approval. A resource family shall comply with the written directives or regulations adopted pursuant to this section and applicable laws in order to maintain approval.(9) A resource family may be approved by a county child welfare department or a probation department pursuant to this section or by a foster family agency pursuant to Section 1517 of the Health and Safety Code.(10) A resource family shall not be licensed to operate a residential facility, as defined in Section 1502 of the Health and Safety Code, a residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, or a residential care facility for persons with chronic life-threatening illnesses, as defined in Section 1568.01 of the Health and Safety Code, on the same premises used as the residence of the resource family.(11) (A) An applicant who withdraws an application prior to its approval or denial may resubmit the application within 12 months of the withdrawal.(B) This paragraph does not preclude a county from requiring an applicant to complete an application activity, even if that activity was previously completed.(d) (1) The department shall adopt standards pertaining to the home environment and permanency assessments of a resource family.(2) Resource family home environment assessment standards shall include, but not be limited to, all of the following:(A) (i) (I) A criminal record clearance of each applicant and all adults residing in, or regularly present in, the home, and not exempted from fingerprinting, as set forth in subdivision (b) of Section 1522 of the Health and Safety Code, pursuant to Section 8712 of the Family Code, utilizing a check of the Child Abuse Central Index pursuant to Section 1522.1 of the Health and Safety Code, and receipt of a fingerprint-based state and federal criminal offender record information search response. The criminal history information shall include subsequent notifications pursuant to Section 11105.2 of the Penal Code.(II) Consideration of any substantiated allegations of child abuse or neglect against the applicant and any other adult residing in, or regularly present in, the home pursuant to Section 1522.1 of the Health and Safety Code.(III) If the criminal records check indicates that the person has been convicted of an offense described in subparagraph (A) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code, home approval shall be denied unless the person has received a criminal records exemption pursuant to clause (iv) of subparagraph (A) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code. If the criminal records check indicates that the person has been convicted of an offense described in subparagraph (B) or (D) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code, the home shall not be approved unless a criminal record exemption has been granted pursuant to subclause (IV).(IV) If the resource family parent, applicant, or any other person specified in subclause (I) has been convicted of a crime other than an infraction or arrested for an offense specified in subdivision (e) of Section 1522 of the Health and Safety Code, except for the civil penalty language, the criminal background check provisions specified in subdivisions (d) through (f) of Section 1522 of the Health and Safety Code shall apply. Exemptions from the criminal records clearance requirements set forth in this section may be granted by the department or the county, if that county has been granted permission by the department to issue criminal record 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.(V) If it is determined, on the basis of the fingerprint images and related information submitted to the Department of Justice, that subsequent to obtaining a criminal record clearance or exemption from disqualification, the person has been convicted of, or is awaiting trial for, a sex offense against a minor, or has been convicted for an offense specified in Section 243.4, 273a, 273ab, 273d, 273g, or 368 of the Penal Code, or a felony, the department or county shall notify the resource family to act immediately to remove or bar the person from entering the resource familys home. The department or county, as applicable, may subsequently grant an exemption from disqualification pursuant to subdivision (g) of Section 1522 of the Health and Safety Code. If the conviction or arrest was for another crime, the resource family shall, upon notification by the department or county, act immediately to either remove or bar the person from entering the resource familys home, or require the person to seek an exemption from disqualification pursuant to subdivision (g) of Section 1522 of the Health and Safety Code. The department or county, as applicable, shall determine if the person shall be allowed to remain in the home until a decision on the exemption from disqualification is rendered.(ii) For public foster family agencies approving resource families, the criminal records clearance process set forth in clause (i) shall be utilized.(iii) For private foster family agencies approving resource families, the criminal records clearance process set forth in clause (i) shall be utilized, but the Department of Justice shall disseminate a fitness determination resulting from the federal criminal offender record information search.(B) A home and grounds evaluation to ensure the health and safety of children.(C) In addition to the foregoing requirements, the resource family home environment assessment standards shall require the following:(i) That the applicant demonstrates an understanding of the rights of children in care and the applicants responsibility to safeguard those rights.(ii) That the total number of children residing in the home of a resource family shall be no more than the total number of children the resource family can properly care for, regardless of status, and shall not exceed six children, unless exceptional circumstances that are documented in the foster childs case file exist to permit a resource family to care for more children, including, but not limited to, the need to place siblings together, consistent with Section 16002.(iii) That the applicant understands the applicants responsibilities with respect to acting as a reasonable and prudent parent, and maintaining the least restrictive environment that serves the needs of the child.(3) The resource family permanency assessment standards shall include, but not be limited to, all of the following:(A) Caregiver training, as described in subdivisions (g) and (h).(B) A family evaluation, which shall include, but not be limited to, interviews of an applicant to assess the applicants personal history, family dynamic, and need for support or resources, and a risk assessment.(i) When the applicant is a relative or nonrelative extended family member to an identified child, the family evaluation shall consider the nature of the relationship between the relative or nonrelative extended family member and the child. The relative or nonrelative extended family members expressed desire to only care for a specific child or children shall not be a reason to deny the approval.(ii) A caregiver risk assessment shall include, but not be limited to, physical and mental health, alcohol and other substance use and abuse, family and domestic violence, and the factors listed in paragraph (1) of subdivision (c).(iii) A county may review and discuss data contained in the statewide child welfare database with an applicant for purposes of conducting a family evaluation, as specified in the written directives or regulations adopted pursuant to this section.(C) Completion of any other activities that relate to the ability of an applicant or a resource family to achieve permanency with a child.(4) (A) For a child placed on an emergency basis pursuant to Section 309, 361.45, or 727.05, the home environment assessment, the permanency assessment, and the written report shall be completed within 120 days of the placement, unless good cause exists based upon the needs of the child.(B) If additional time is needed to complete the home environment assessment or the permanency assessment, the county shall document the extenuating circumstances for the delay and generate a timeframe for the completion of those assessments.(C) The county shall report to the department, on a quarterly basis, the number of families with emergency placements whose home environment assessment or permanency assessment goes beyond 120 days and summarize the reasons for these delays.(e) (1) A county may place a child with a resource family applicant who has successfully completed the home environment assessment prior to completion of a permanency assessment only if a compelling reason for the placement exists based on the needs of the child.(A) The permanency assessment and the written report described in paragraph (5) of subdivision (g) shall be completed within 120 days of the childs placement in the home, unless good cause exists.(B) If additional time is needed to comply with subparagraph (A), the county shall document the extenuating circumstances for the delay and generate a timeframe for the completion of the permanency assessment.(C) The county shall report to the department, on a quarterly basis, the number of applicants for whom the requirements of subparagraph (A) exceed 120 days and summarize the reasons for these delays.(2) The home environment and permanency assessments, and the written report described in paragraph (5) of subdivision (g), shall be completed within 120 days of a childs placement with a relative or nonrelative extended family member pursuant to Section 309, 361.45, or 727.05, unless good cause exists.(3) For any placement made pursuant to this subdivision, AFDC-FC funding shall not be available until approval of the resource family has been completed.(4) A child placed pursuant to this subdivision shall be afforded all the rights set forth in Section 16001.9.(5) This section does not limit the countys authority to inspect the home of a resource family applicant as often as necessary to ensure the quality of care provided.(6) This subdivision does not limit the countys obligation under law to assess and give placement consideration to relatives and nonrelative extended family members and to place a child pursuant to Section 309, 361.3, 361.45, 706.6, or 727.1.(f) The State Department of Social Services shall be responsible for all of the following:(1) (A) Until regulations are adopted, administering the program through the issuance of written directives that shall have the same force and effect as regulations. Any directive affecting Article 1 (commencing with Section 700) of Chapter 7 of Division 1 of Title 11 of the California Code of Regulations shall be approved by the Department of Justice. The directives shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).(B) Adopting, amending, or repealing, in accordance with Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code, any reasonable rules, regulations, and standards that may be necessary or proper to carry out the purposes and intent of this article and to enable the department to exercise the powers and perform the duties conferred upon it by this section, consistent with the laws of this state.(2) Approving and requiring the use of a single standard for resource family approval.(3) Adopting and requiring the use of standardized documentation for the home environment and permanency assessments of resource families. The department shall permit counties to maintain documentation relating to the resource family approval process in an electronic format.(4) Adopting core competencies for county staff to participate in the assessment and evaluation of an applicant or resource family.(5) Requiring counties to monitor county-approved resource families, including, but not limited to, both of the following:(A) Investigating complaints regarding resource families.(B) Developing and monitoring resource family corrective action plans to correct identified deficiencies and to rescind resource family approval if compliance with corrective action plans is not achieved.(6) Ongoing oversight and monitoring of county systems and operations including all of the following:(A) Reviewing the countys implementation plan and implementation of the program.(B) Reviewing an adequate number of county-approved resource families in each county to ensure that approval standards are being properly applied.(i) The review shall include case file documentation and may include onsite inspection of individual resource families.(ii) The review shall occur on a biennial basis and more frequently if the department becomes aware that a county is experiencing a disproportionate number of complaints against individual resource family homes.(C) Reviewing county reports of serious complaints and incidents involving resource families, as determined necessary by the department. The department may conduct an independent review of the complaint or incident and change the findings depending on the results of its investigation.(D) Investigating unresolved complaints against counties.(E) Requiring corrective action of counties that are not in full compliance with this section.(7) Excluding a resource family parent, applicant, or other individual from presence in any resource family home, consistent with the established standard for any of the reasons specified in Section 16519.61.(8) Implementing due process procedures, including, but not limited to, all of the following:(A) Providing a statewide fair hearing process for application denials, rescissions of approval, exclusion actions, or criminal record exemption denials or rescissions by a county or the department.(B) Providing an excluded individual with due process pursuant to Section 16519.6.(C) Amending the departments applicable state hearing procedures and regulations or using the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), when applicable, as necessary for the administration of the program.(g) Counties shall be responsible for all of the following:(1) Submitting an implementation plan and consulting with the county probation department in the development of the implementation plan.(2) Complying with the written directives or regulations adopted pursuant to this section.(3) Implementing the requirements for resource family approval and utilizing standardized documentation established by the department. A county may maintain documentation relating to the resource family approval process in an electronic format.(4) Training appropriate staff, including ensuring staff have the education and experience or core competencies necessary to participate in the assessment and evaluation of an applicant or resource family.(5) (A) Taking the following actions, as applicable, for any of the reasons specified in Section 16519.61:(i) (I) Approving or denying resource family applications, including preparing a written report that evaluates an applicants capacity to foster, adopt, and provide legal guardianship of a child based on all of the information gathered through the resource family application and assessment processes.(II) The applicants preference to provide a specific level of permanency, including adoption, guardianship, or, in the case of a relative, placement with a fit and willing relative, shall not be a basis to deny an application.(ii) Rescinding approvals of resource families.(iii) When applicable, referring a case to the department for an action to exclude a resource family parent, applicant, or other individual from presence in any resource family home, consistent with the established standard.(iv) Issuing a temporary suspension order that suspends the resource family approval prior to a hearing when, in the opinion of the county, urgent action is needed to protect a child from physical or mental abuse, abandonment, or any other substantial threat to health or safety. The county shall serve the resource family with the temporary suspension order and a copy of available discovery in the possession of the county, including, but not limited to, affidavits, declarations, names of witnesses, and other evidence upon which the county relied in issuing the temporary suspension order. The temporary suspension order shall be served upon the resource family with a notice of action, and if the matter is to be heard before the Office of Administrative Hearings, an accusation. The temporary suspension order shall list the effective date on the order.(v) Granting, denying, or rescinding criminal record exemptions.(B) Providing a resource family parent, applicant, or individual who is the subject of a criminal record exemption denial or rescission with due process pursuant to Section 16519.6.(C) Notifying the department of any decisions denying an application for resource family approval, rescinding the approval of a resource family, or denying or rescinding a criminal record exemption and, if applicable, notifying the department of the results of an administrative action.(6) (A) Updating resource family approval biennially and as necessary to address any changes that have occurred in the resource familys circumstances, including, but not limited to, moving to a new home location or commencing operation of a family daycare home, as defined in Section 1596.78 of the Health and Safety Code.(B) A county shall conduct an announced inspection of a resource family home during the biennial update, and as necessary to address any changes specified in subparagraph (A), in order to ensure that the resource family is conforming to all applicable laws and the written directives or regulations adopted pursuant to this section.(7) Monitoring resource families through all of the following:(A) Ensuring that social workers who identify a condition in the home that may not meet the approval standards set forth in subdivision (d) while in the course of a routine visit to children placed with a resource family take appropriate action as needed.(B) Requiring resource families to meet the approval standards set forth in this section and to comply with the written directives or regulations adopted pursuant to this section, other applicable laws, and corrective action plans as necessary to correct identified deficiencies. If corrective action is not completed, as specified in the plan, the county may rescind the resource family approval.(C) Requiring resource families to report any incidents consistent with the reporting requirements pursuant to the written directives or regulations adopted pursuant to this section.(D) Inspecting resource family homes as often as necessary to ensure the quality of care provided.(8) (A) Investigating all complaints against a resource family and taking action as necessary, including, but not limited to, investigating any incidents reported about a resource family indicating that the approval standard is not being maintained and inspecting the resource family home.(B) The childs social worker shall not conduct the investigation into the complaint received concerning a family providing services pursuant to the standards required by subdivision (d). To the extent that adequate resources are available, complaints shall be investigated by a worker who did not conduct the home environment assessment or family evaluation or prepare the written report determining approval of the resource family.(C) Upon conclusion of the complaint investigation, the final disposition shall be reviewed and approved by a supervising staff member.(D) The department shall be notified of any serious incidents or serious complaints or any incident that falls within the definition of Section 11165.5 of the Penal Code. If those incidents or complaints result in an investigation, the department shall also be notified as to the status and disposition of that investigation.(9) Performing corrective action as required by the department.(10) Assessing county performance in related areas of the California Child and Family Services Review System, and remedying problems identified.(11) Submitting information and data that the department determines is necessary to study, monitor, and prepare the update specified in paragraph (7) of subdivision (f).(12) Ensuring resource family applicants and resource families have the necessary knowledge, skills, and abilities to support children of all races, ethnic group identifications, ancestries, national origins, colors, religions, sexes, sexual orientations, gender identities, mental or physical disabilities, or HIV statuses in foster care by completing caregiver training. The training should include a curriculum that supports the role of a resource family in parenting vulnerable children and should be ongoing in order to provide resource families with information on trauma-informed practices and requirements and other topics within the foster care system.(13) Ensuring that a resource family applicant completes a minimum of 12 hours of preapproval caregiver training. The training shall include, but not be limited to, all of the following courses:(A) An overview of the child protective and probation systems.(B) The effects of trauma, including grief and loss, and child abuse and neglect, on child development and behavior, and methods to behaviorally support children impacted by that trauma or child abuse and neglect.(C) Positive discipline and the importance of self-esteem.(D) Health issues in foster care.(E) Accessing services and supports to address education needs, physical, mental, and behavioral health, and substance use disorders, including culturally relevant services.(F) The rights of a child in foster care and the resource familys responsibility to safeguard those rights, including the right to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.(G) Cultural needs of children, including instruction on cultural competency and sensitivity, and related best practices for providing adequate care for children or youth across diverse ethnic and racial backgrounds, as well as children or youth identifying as lesbian, gay, bisexual, or transgender.(H) Basic instruction on existing laws and procedures regarding the safety of foster youth at school.(I) Permanence, well-being, and education needs of children.(J) Child and adolescent development, including sexual orientation, gender identity, and expression.(K) The role of resource families, including working cooperatively with the child welfare or probation agency, the childs family, other resource families, and other service providers implementing the case plan. plan, to support case plan goals and objectives, including placement transition planning to reduce trauma during transitions to reunification or other placement settings.(L) The role of a resource family on the child and family team as defined in paragraph (4) of subdivision (a) of Section 16501.(M) A resource familys responsibility to act as a reasonable and prudent parent, as described in subdivision (c) of Section 1522.44 of the Health and Safety Code, and to provide a family setting that promotes normal childhood experiences and that serves the needs of the child.(N) An overview of the specialized training identified in subdivision (h).(O) The information described in subdivision (i) of Section 16521.5. The program may use the curriculum created pursuant to subdivision (h), and described in subdivision (i), of Section 16521.5.(P) Information on providing care and supervision to children who have been commercially sexually exploited or who have been victims of child labor trafficking. For purposes of this subparagraph, information may include, but not be limited to, informational pamphlets addressing the identification of victims of commercial sexual exploitation and child labor trafficking and the provision of existing resources, including crisis hotline numbers, survivor and caregiver supports, and contact information for law enforcement entities.(14) Ensuring resource families complete a minimum of eight hours of caregiver training annually, a portion of which shall be from subparagraph (M) of paragraph (13) and from one or more of the other topics listed in paragraph (13).(15) (A) (i) Ensuring that resource families complete cardiopulmonary resuscitation (CPR) training and first aid training, or demonstrate equivalent certification, no later than 90 days following resource family approval.(ii) A resource family parent who has a certificate of completion for Basic Life Support (BLS) for health care professionals, or Pediatric Advanced Life Support (PALS), or a higher standard of training that certifies CPR, and for whom the certification is currently active, is exempt from completing the resource family approval CPR training requirement as described in clause (i), upon demonstrating proof of certification of completion and until the date the certification expires.(iii) A resource family parent who has active and unrestricted licensure as a health care professional, issued by the Department of Consumer Affairs or the Emergency Medical Services Authority, is exempt from completing the resource family approval first aid training requirement as described in clause (i), upon demonstrating proof of active and unrestricted licensure and until the date the licensure expires.(B) (i) Ensuring that resource families, prior to expiration of the CPR and first aid certificates, obtain training to remain certified in CPR and first aid, or demonstrate equivalent certification, and submit copies of the certificates verifying completion of the training.(ii) Clause (i) does not apply to first aid training for a resource family parent who is exempt from the first aid training requirement pursuant to clause (iii) of subparagraph (A).(16) (A) Ensuring that resource families that care for children who are 10 years of age or older attend, within 12 months of approval as a resource family, a training on understanding how to use best practices for providing care and supervision to children who have been commercially sexually exploited or who have been victims of child labor trafficking. This training shall be survivor informed, culturally relevant and appropriate, and address issues relating to stigma. The training required by this subparagraph shall address all of the following topics:(i) Recognizing indicators of commercial sexual exploitation and child labor trafficking.(ii) Harm reduction.(iii) Trauma-informed care.(iv) Available county and state resources.(v) Perspectives of individuals or families who have experiences with commercial sexual exploitation and child labor trafficking.(B) The information provided in subparagraph (P) of paragraph (13) shall also be provided during the training described in this paragraph.(C) After completing the training required by subparagraph (A), a resource family shall not be required to attend training relating to children who have been commercially sexually exploited or who have been victims of child labor trafficking, except as required pursuant to subdivision (h).(D) This section does not prevent an entity from providing the training specified in this paragraph in person, virtually, by recorded means, or by any other available means.(h) In addition to any training required by this section, a county may require a resource family or applicant to receive relevant specialized training for the purpose of preparing the resource family to meet the needs of a particular child in care. This training may include, but is not limited to, the following:(1) Understanding how to use best practices for providing care and supervision to commercially sexually exploited children and children who have been victims of child labor trafficking.(2) Understanding how to use best practices for providing care and supervision to lesbian, gay, bisexual, and transgender children.(3) Understanding the requirements and best practices regarding psychotropic medications, including, but not limited to, court authorization, benefits, uses, side effects, interactions, assistance with self-administration, misuse, documentation, storage, and metabolic monitoring of children prescribed psychotropic medications.(4) Understanding the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), its historical significance, the rights of children covered by the act, and the best interests of Indian children, including the role of the caregiver in supporting culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership, and connection to the tribal community and traditions.(5) Understanding how to use best practices for providing care and supervision to nonminor dependents.(6) Understanding how to use best practices for providing care and supervision to children with special health care needs.(7) Understanding the different permanency options and the services and benefits associated with the options.(i) This section does not preclude a county from requiring training in excess of the requirements in this section.(j) (1) Resource families who move home locations shall retain their resource family status pending the outcome of the update conducted pursuant to paragraph (6) of subdivision (g).(2) (A) If a resource family moves from one county to another county, the department, or the county to which a resource family has moved, shall submit a written request to the Department of Justice to transfer the individuals subsequent arrest notification, as specified in subdivision (h) of Section 1522 of the Health and Safety Code.(B) A request to transfer a subsequent arrest notification shall contain all prescribed data elements and format protocols pursuant to a written agreement between the department and the Department of Justice.(3) Subject to the requirements in paragraph (1), the resource family shall continue to be approved for guardianship and adoption. This subdivision shall not limit a county, foster family agency, or adoption agency from determining that the family is not approved for guardianship or adoption based on changes in the familys circumstances or family evaluation.(k) Implementation of the program shall be contingent upon the continued availability of federal Social Security Act Title IV-E (42 U.S.C. Sec. 670) funds for costs associated with placement of children with resource families assessed and approved pursuant to the program.(l) A child placed with a resource family is eligible for the resource family basic rate, pursuant to Sections 11460, 11461, 11461.3, and 11463, at the childs assessed level of care.(m) Sharing ratios for nonfederal expenditures for all costs associated with activities related to the approval of relatives and nonrelative extended family members shall be in accordance with Section 10101.(n) The Department of Justice shall charge fees sufficient to cover the cost of initial or subsequent criminal offender record information and Child Abuse Central Index searches, processing, or responses, as specified in this section.(o) Except as provided, resource families shall be exempt from both of the following:(1) Licensure requirements established pursuant to the California Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code) and all regulations promulgated to implement the act.(2) Relative and nonrelative extended family member approval requirements as those approval requirements existed prior to January 1, 2017.(p) (1) Early implementation counties shall be authorized to continue through December 31, 2016. The program shall be implemented by each county on or before January 1, 2017.(2) (A) (i) On and after January 1, 2017, a county to which the department has delegated its licensing authority pursuant to Section 1511 of the Health and Safety Code shall approve resource families in lieu of licensing foster family homes.(ii) Notwithstanding clause (i), the existing licensure and oversight processes shall continue to be administered for foster family homes licensed prior to January 1, 2017, or as specified in subparagraph (C), until the license is revoked or forfeited by operation of law pursuant to Section 1517.1 of the Health and Safety Code.(B) (i) On and after January 1, 2017, a county shall approve resource families in lieu of approving relative and nonrelative extended family members.(ii) Notwithstanding clause (i), the existing approval and oversight processes shall continue to be administered for relatives and nonrelative extended family members approved prior to January 1, 2017, or as specified in subparagraph (C), until the approval is revoked or forfeited by operation of law pursuant to this section.(C) Notwithstanding subparagraph (D), a county shall approve or deny all applications for foster family home licenses and requests for relative or nonrelative extended family member approvals received on or before December 31, 2016, in accordance with Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code or provisions providing for the approval of relatives or nonrelative extended family members, as applicable.(D) On and after January 1, 2017, a county shall not accept applications for foster family home licenses or requests to approve relatives or nonrelative extended family members.(3) No later than July 1, 2019, each county shall provide the following information to all licensed foster family homes and approved relatives and nonrelative extended family members licensed or approved by the county:(A) A detailed description of the resource family approval program.(B) Notification that, in order to care for a foster child, resource family approval is required by December 31, 2020.(C) Notification that a foster family home license and an approval of a relative or nonrelative extended family member shall be forfeited by operation of law, as specified in paragraph (8).(4) The following applies to all licensed foster family homes and approved relative and nonrelative extended family members:(A) A licensed foster family home or an approved relative or nonrelative extended family member with an approved adoptive home study completed prior to January 1, 2018, shall be deemed to be a resource family.(B) A licensed foster family home or an approved relative or nonrelative extended family member who had a child in placement at any time between January 1, 2017, and December 31, 2017, inclusive, may be approved as a resource family on the date of successful completion of a family evaluation.(C) A licensed foster family home that provided county-authorized respite services at any time between January 1, 2017, and December 31, 2017, inclusive, may be approved as a resource family on the date of successful completion of a family evaluation.(5) A county may provide supportive services to all licensed foster family homes, relatives, and nonrelative extended family members with a child in placement to assist with the resource family transition and to minimize placement disruptions.(6) (A) In order to approve a licensed foster family home or approved relative or nonrelative extended family member as a resource family pursuant to paragraph (4), a county shall submit a written request to the Department of Justice to transfer any subsequent arrest and Child Abuse Central Index notifications, as specified in subdivision (h) of Section 1522 of the Health and Safety Code.(B) A request to transfer a subsequent arrest notification shall contain all prescribed data elements and format protocols pursuant to a written agreement between the department and the Department of Justice.(7) An individual who is a member of a resource family approved pursuant to subparagraph (B) or (C) of paragraph (4) shall be fingerprinted pursuant to Section 8712 of the Family Code upon filing an application for adoption.(8) All foster family licenses and approvals of relatives and nonrelative extended family members shall be forfeited by operation of law on December 31, 2020, except as provided in this paragraph or Section 1524 of the Health and Safety Code:(A) All licensed foster family homes that did not have a child in placement or did not provide county-authorized respite services at any time between January 1, 2017, and December 31, 2017, inclusive, shall forfeit the license by operation of law on January 1, 2018.(B) For foster family home licensees and approved relatives or nonrelative extended family members who have a pending resource family application on December 31, 2020, the foster family home license or relative and nonrelative extended family member approval shall be forfeited by operation of law upon approval as a resource family. If approval is denied, forfeiture by operation of law shall occur on the date of completion of any proceedings required by law to ensure due process.(C) A foster family home license shall be forfeited by operation of law, pursuant to Section 1517.1 of the Health and Safety Code, upon approval as a resource family.(D) Approval as a relative or nonrelative extended family member shall be forfeited by operation of law upon approval as a resource family.(q) On and after January 1, 2017, all licensed foster family agencies shall approve resource families in lieu of certifying foster homes, as set forth in Section 1517 of the Health and Safety Code.(r) The department may establish participation conditions, and select and authorize foster family agencies that voluntarily submit implementation plans and revised plans of operation in accordance with requirements established by the department, to approve resource families in lieu of certifying foster homes.(1) Notwithstanding any other law, a participating foster family agency shall require resource families to meet and maintain the resource family approval standards and requirements set forth in this chapter and in the written directives adopted consistent with the chapter prior to approval and in order to maintain approval.(2) A participating foster family agency shall implement the resource family approval program pursuant to Section 1517 of the Health and Safety Code.(3) This section does not limit the authority of the department to inspect, evaluate, or investigate a complaint or incident, or initiate a disciplinary action against a foster family agency pursuant to Article 5 (commencing with Section 1550) of Chapter 3 of Division 2 of the Health and Safety Code, or to take any action it may deem necessary for the health and safety of children placed with the foster family agency.(4) The department may adjust the foster family agency AFDC-FC rate pursuant to Section 11463 for implementation of this subdivision.(5) This subdivision is inoperative on January 1, 2017.(s) The department or a county is authorized to obtain any arrest or conviction records or reports from any court or law enforcement agency as necessary to the performance of its duties, as provided in this section or subdivision (e) of Section 1522 of the Health and Safety Code.(t) A resource family approved pursuant to this section shall forfeit its approval concurrent with resource family approval by a foster family agency.SEC. 6. To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.SECTION 1.Section 16500 of the Welfare and Institutions Code is amended to read:16500.(a)The state, through the department and county welfare departments, shall establish and support a public system of statewide child welfare services to be developed as rapidly as possible and to be available in each county of the state. All counties shall establish and maintain specialized organizational entities within the county welfare department, which shall have sole responsibility for the operation of the child welfare services program. (b)The Legislature hereby declares its intent, in providing for this statewide system of child welfare services, that all children are entitled to be safe and free from abuse and neglect. |
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| 1 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 896Introduced by Assembly Member ElhawaryFebruary 19, 2025 An act to amend Section 16500 of the Welfare and Institutions Code, relating to child welfare services.LEGISLATIVE COUNSEL'S DIGESTAB 896, as introduced, Elhawary. Child welfare services.Existing law requires the state, through the State Department of Social Services and county welfare departments, to establish and support a public system of statewide child welfare services to be developed as rapidly as possible and to be available in each county of the state. Existing law requires all counties to establish and maintain specialized organizational entities within the county welfare department, having sole responsibility for the operation of the child welfare services program.This bill would make technical, nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 16500 of the Welfare and Institutions Code is amended to read:16500. (a) The state, through the department and county welfare departments, shall establish and support a public system of statewide child welfare services to be developed as rapidly as possible and to be available in each county of the state. All counties shall establish and maintain specialized organizational entities within the county welfare department department, which shall have sole responsibility for the operation of the child welfare services program.The (b) The Legislature hereby declares its intent, in providing for this statewide system of child welfare services, that all children are entitled to be safe and free from abuse and neglect. |
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| 68 | | - | (3) The best child welfare practices recognize the need to prioritize the minimization of the number of placement changes for every child in out-of-home care. Furthermore, efforts must be made to support caregivers in order to promote stability. When placement changes are necessary, they must be in the best interest of the child and should be thoughtfully planned whenever possible. |
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| 69 | | - | |
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| 70 | | - | (4) Transition plans are critical when moving all children, including infants, toddlers, schoolage children, adolescents, and young adults. |
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| 71 | | - | |
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| 72 | | - | (b) It is the intent of the Legislature that a placement change for a child in out-of-home care be achieved ideally through a period of transition that is unique to each child, provides support for all individuals affected by the change, and has flexible planning to allow for changes necessary to meet the needs of the child. |
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| 73 | | - | |
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| 74 | | - | SEC. 2. Section 16001.9 of the Welfare and Institutions Code is amended to read:16001.9. (a) All children placed in foster care, either voluntarily or after being adjudged a ward or dependent of the juvenile court pursuant to Section 300, 601, or 602, shall have the rights specified in this section. These rights also apply to nonminor dependents in foster care, except when they conflict with nonminor dependents retention of all their legal decisionmaking authority as an adult. The rights are as follows:(1) To live in a safe, healthy, and comfortable home where they are treated with respect. If the child is an Indian child, to live in a home that upholds the prevailing social and cultural standards of the childs Indian community, including, but not limited to, family, social, and political ties.(2) To be free from physical, sexual, emotional, or other abuse, corporal punishment, and exploitation.(3) To receive adequate and healthy food, adequate clothing, grooming and hygiene products, and an age-appropriate allowance. Clothing and grooming and hygiene products shall respect the childs culture, ethnicity, and gender identity and expression.(4) To be placed in the least restrictive setting possible, regardless of age, physical health, mental health, sexual orientation, and gender identity and expression, juvenile court record, or status as a pregnant or parenting youth, unless a court orders otherwise.(5) To be placed with a relative or nonrelative extended family member if an appropriate and willing individual is available.(6) To not be locked in any portion of their foster care placement, unless placed in a community treatment facility.(7) To have a placement that utilizes trauma-informed and evidence-based deescalation and intervention techniques, to have law enforcement intervention requested only when there is an imminent threat to the life or safety of a child or another person or as a last resort after other diversion and deescalation techniques have been utilized, and to not have law enforcement intervention used as a threat or in retaliation against the child.(8) To not be detained in a juvenile detention facility based on their status as a dependent of the juvenile court or the child welfare services departments inability to provide a foster care placement. If they are detained, to have all the rights afforded under the United States Constitution, the California Constitution, and all applicable state and federal laws.(9) To have storage space for private use.(10) To be free from unreasonable searches of personal belongings.(11) To be provided the names and contact information for social workers, probation officers, attorneys, service providers, foster youth advocates and supporters, Court Appointed Special Advocates (CASAs), and education rights holder if other than the parent or parents, and when applicable, representatives designated by the childs Indian tribe to participate in the juvenile court proceeding, and to communicate with these individuals privately.(12) To visit and contact siblings, family members, and relatives privately, unless prohibited by court order, and to ask the court for visitation with the childs siblings.(13) To make, send, and receive confidential telephone calls and other electronic communications, and to send and receive unopened mail, unless prohibited by court order.(14) To have social contacts with people outside of the foster care system, including, but not limited to, teachers, coaches, religious or spiritual community members, mentors, and friends. If the child is an Indian child, to have the right to have contact with tribal members and members of their Indian community consistent with the prevailing social and cultural conditions and way of life of the Indian childs tribe.(15) To attend religious services, activities, and ceremonies of the childs choice, including, but not limited to, engaging in traditional Native American religious practices.(16) To participate in extracurricular, cultural, racial, ethnic, personal enrichment, and social activities, including, but not limited to, access to computer technology and the internet, consistent with the childs age, maturity, developmental level, sexual orientation, and gender identity and expression.(17) 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 and expression, mental or physical disability, or HIV status.(18) To have caregivers, child welfare and probation personnel, and legal counsel who have received instruction on cultural competency and sensitivity relating to sexual orientation, gender identity and expression, and best practices for providing adequate care to lesbian, gay, bisexual, and transgender children in out-of-home care.(19) To be placed in out-of-home care according to their gender identity, regardless of the gender or sex listed in their court, child welfare, medical, or vital records, to be referred to by the childs preferred name and gender pronoun, and to maintain privacy regarding sexual orientation and gender identity and expression, unless the child permits the information to be disclosed, or disclosure is required to protect their health and safety, or disclosure is compelled by law or a court order.(20) To have child welfare and probation personnel and legal counsel who have received instruction on the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.) and on cultural competency and sensitivity relating to, and best practices for, providing adequate care to Indian children in out-of-home care.(21) To have recognition of the childs political affiliation with an Indian tribe or Alaskan village, including a determination of the childs membership or citizenship in an Indian tribe or Alaskan village; to receive assistance in becoming a member of an Indian tribe or Alaskan village in which the child is eligible for membership or citizenship; to receive all benefits and privileges that flow from membership or citizenship in an Indian tribe or Alaskan village; and to be free from discrimination based on the childs political affiliation with an Indian tribe or Alaskan village.(22) (A) To access and receive medical, dental, vision, mental health, and substance use disorder services, and reproductive and sexual health care, with reasonable promptness that meets the needs of the child, to have diagnoses and services explained in an understandable manner, and to participate in decisions regarding health care treatment and services. This right includes covered gender affirming health care and gender affirming mental health care, and is subject to existing laws governing consent to health care for minors and nonminors and does not limit, add, or otherwise affect applicable laws governing consent to health care.(B) To view and receive a copy of their medical records to the extent they have the right to consent to the treatment provided in the medical record and at no cost to the child until they are 26 years of age.(23) Except in an emergency, to be free of the administration of medication or chemical substances, and to be free of all psychotropic medications unless prescribed by a physician, and in the case of children, authorized by a judge, without consequences or retaliation. The child has the right to consult with and be represented by counsel in opposing a request for the administration of psychotropic medication and to provide input to the court about the request to authorize medication. The child also has the right to report to the court the positive and adverse effects of the medication and to request that the court reconsider, revoke, or modify the authorization at any time.(24) (A) To have access to age-appropriate, medically accurate information about reproductive health care, the prevention of unplanned pregnancy, and the prevention and treatment of sexually transmitted infections.(B) At any age, to consent to or decline services regarding contraception, pregnancy care, and perinatal care, including, but not limited to, abortion services and health care services for sexual assault without the knowledge or consent of any adult.(C) At 12 years of age or older, to consent to or decline health care services to prevent, test for, or treat sexually transmitted diseases, including HIV, and mental health services, without the consent or knowledge of any adult.(25) At 12 years of age or older, to choose, whenever feasible and in accordance with applicable law, their own health care provider for medical, dental, vision, mental health, substance use disorder services, and sexual and reproductive health care, if payment for the service is authorized under applicable federal Medicaid law or other approved insurance, and to communicate with that health care provider regarding any treatment concerns or needs and to request a second opinion before being required to undergo invasive medical, dental, or psychiatric treatment.(26) To confidentiality of medical and mental health records, including, but not limited to, HIV status, substance use disorder history and treatment, and sexual and reproductive health care, consistent with existing law.(27) To attend school, to remain in the childs school of origin, to immediate enrollment upon a change of school, to partial credits for any coursework completed, and to priority enrollment in preschool, after school programs, a California State University, and each community college district, and to receive all other necessary educational supports and benefits, as described in the Education Code.(28) To have access to existing information regarding the educational options available, including, but not limited to, the coursework necessary for career, technical, and postsecondary educational programs, and information regarding financial aid for postsecondary education, and specialized programs for current and former foster children available at the University of California, the California State University, and the California Community Colleges.(29) To attend Independent Living Program classes and activities, if the child meets the age requirements, and to not be prevented by caregivers from attending as a consequence or punishment.(30) To maintain a bank account and manage personal income, consistent with the childs age and developmental level, unless prohibited by the case plan.(31) To work and develop job skills at an age-appropriate level, consistent with state law.(32) For children 14 to 17 years of age, inclusive, to receive a consumer credit report provided to the child by the social worker or probation officer on an annual basis from each of the three major credit reporting agencies, and to receive assistance with interpreting and resolving any inaccuracies.(33) To be represented by an attorney in juvenile court; to have an attorney appointed to advise the court of the childs wishes, to advocate for the childs protection, safety, and well-being, and to investigate and report to the court on legal interests beyond the scope of the juvenile proceeding; to speak to the attorney confidentially; and to request a hearing if the child feels their appointed counsel is not acting in their best interest or adequately representing their legal interests.(34) (A) To receive a notice of court hearings, to attend court hearings, to speak to the judge, to view and receive a copy of the court file, subject to existing federal and state confidentiality laws, and to object to or request the presence of interested persons during court hearings. If the child is an Indian child, to have a representative designated by the childs Indian tribe be in attendance during hearings.(B) When a child is entitled to receive a copy of the court report, case plan, and transition to independent living plan (TILP), those items shall be provided in the childs primary language.(35) To the confidentiality of all juvenile court records consistent with existing law.(36) To view and receive a copy of their child welfare records, juvenile court records, and educational records at no cost to the child until the child is 26 years of age, subject to existing federal and state confidentiality laws.(37) To be involved in the development of their own case plan, including placement decisions, decisions and placement transition planning, and plan for permanency. This involvement includes, but is not limited to, the development of case plan elements related to placement and gender affirming health care, with consideration of the childs gender identity. If the child is an Indian child, the case plan shall include protecting the essential tribal relations and best interests of the Indian child by assisting the child in establishing, developing, and maintaining political, cultural, and social relationships with the childs Indian tribe and Indian community.(38) To review the childs own case plan and plan for permanent placement if the child is 10 years of age or older, and to receive information about their out-of-home placement and case plan, including being told of changes to the plan.(39) To request and participate in a child and family team meeting, as follows:(A) Within 60 days of entering foster care, and every 6 months thereafter.(B) If placed in a short-term residential therapeutic program, or receiving intensive home-based services or intensive case coordination, or receiving therapeutic foster care services, to have a child and family team meeting at least every 90 days.(C) To request additional child and family team meetings to address concerns, including, but not limited to, placement disruption, change in service needs, addressing barriers to sibling or family visits, and addressing difficulties in coordinating services.(D) To have both informal and formal support people participate, consistent with state law.(40) (A) To be informed of these rights in an age and developmentally appropriate manner by the social worker or probation officer and to be provided a copy of the rights in this section at the time of placement, any placement change, and at least once every six months or at the time of a regularly scheduled contact with the social worker or probation officer.(B) For a child who speaks a primary language other than English, to be provided a copy of the childs rights in the childs primary language.(41) To be provided with contact information for the Community Care Licensing Division of the State Department of Social Services, the tribal authority approving a tribally approved home, and the State Foster Care Ombudsperson, at the time of each placement, and to contact any or all of these offices immediately upon request regarding violations of rights, to speak to representatives of these offices confidentially, and to be free from threats or punishment for making complaints.(b) The rights described in this section are broad expressions of the rights of children in foster care and are not exhaustive of all rights set forth in the United States Constitution and the California Constitution, federal and California statutes, and case law.(c) This section does not require, and shall not be interpreted to require, a foster care provider to take any action that would impair the health and safety of children in out-of-home placement.(d) The State Department of Social Services and each county welfare department are encouraged to work with the Student Aid Commission, the University of California, the California State University, and the California Community Colleges to receive information pursuant to paragraph (28) of subdivision (a). |
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| 75 | | - | |
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| 76 | | - | SEC. 2. Section 16001.9 of the Welfare and Institutions Code is amended to read: |
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| 77 | | - | |
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| 78 | | - | ### SEC. 2. |
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| 79 | | - | |
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| 80 | | - | 16001.9. (a) All children placed in foster care, either voluntarily or after being adjudged a ward or dependent of the juvenile court pursuant to Section 300, 601, or 602, shall have the rights specified in this section. These rights also apply to nonminor dependents in foster care, except when they conflict with nonminor dependents retention of all their legal decisionmaking authority as an adult. The rights are as follows:(1) To live in a safe, healthy, and comfortable home where they are treated with respect. If the child is an Indian child, to live in a home that upholds the prevailing social and cultural standards of the childs Indian community, including, but not limited to, family, social, and political ties.(2) To be free from physical, sexual, emotional, or other abuse, corporal punishment, and exploitation.(3) To receive adequate and healthy food, adequate clothing, grooming and hygiene products, and an age-appropriate allowance. Clothing and grooming and hygiene products shall respect the childs culture, ethnicity, and gender identity and expression.(4) To be placed in the least restrictive setting possible, regardless of age, physical health, mental health, sexual orientation, and gender identity and expression, juvenile court record, or status as a pregnant or parenting youth, unless a court orders otherwise.(5) To be placed with a relative or nonrelative extended family member if an appropriate and willing individual is available.(6) To not be locked in any portion of their foster care placement, unless placed in a community treatment facility.(7) To have a placement that utilizes trauma-informed and evidence-based deescalation and intervention techniques, to have law enforcement intervention requested only when there is an imminent threat to the life or safety of a child or another person or as a last resort after other diversion and deescalation techniques have been utilized, and to not have law enforcement intervention used as a threat or in retaliation against the child.(8) To not be detained in a juvenile detention facility based on their status as a dependent of the juvenile court or the child welfare services departments inability to provide a foster care placement. If they are detained, to have all the rights afforded under the United States Constitution, the California Constitution, and all applicable state and federal laws.(9) To have storage space for private use.(10) To be free from unreasonable searches of personal belongings.(11) To be provided the names and contact information for social workers, probation officers, attorneys, service providers, foster youth advocates and supporters, Court Appointed Special Advocates (CASAs), and education rights holder if other than the parent or parents, and when applicable, representatives designated by the childs Indian tribe to participate in the juvenile court proceeding, and to communicate with these individuals privately.(12) To visit and contact siblings, family members, and relatives privately, unless prohibited by court order, and to ask the court for visitation with the childs siblings.(13) To make, send, and receive confidential telephone calls and other electronic communications, and to send and receive unopened mail, unless prohibited by court order.(14) To have social contacts with people outside of the foster care system, including, but not limited to, teachers, coaches, religious or spiritual community members, mentors, and friends. If the child is an Indian child, to have the right to have contact with tribal members and members of their Indian community consistent with the prevailing social and cultural conditions and way of life of the Indian childs tribe.(15) To attend religious services, activities, and ceremonies of the childs choice, including, but not limited to, engaging in traditional Native American religious practices.(16) To participate in extracurricular, cultural, racial, ethnic, personal enrichment, and social activities, including, but not limited to, access to computer technology and the internet, consistent with the childs age, maturity, developmental level, sexual orientation, and gender identity and expression.(17) 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 and expression, mental or physical disability, or HIV status.(18) To have caregivers, child welfare and probation personnel, and legal counsel who have received instruction on cultural competency and sensitivity relating to sexual orientation, gender identity and expression, and best practices for providing adequate care to lesbian, gay, bisexual, and transgender children in out-of-home care.(19) To be placed in out-of-home care according to their gender identity, regardless of the gender or sex listed in their court, child welfare, medical, or vital records, to be referred to by the childs preferred name and gender pronoun, and to maintain privacy regarding sexual orientation and gender identity and expression, unless the child permits the information to be disclosed, or disclosure is required to protect their health and safety, or disclosure is compelled by law or a court order.(20) To have child welfare and probation personnel and legal counsel who have received instruction on the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.) and on cultural competency and sensitivity relating to, and best practices for, providing adequate care to Indian children in out-of-home care.(21) To have recognition of the childs political affiliation with an Indian tribe or Alaskan village, including a determination of the childs membership or citizenship in an Indian tribe or Alaskan village; to receive assistance in becoming a member of an Indian tribe or Alaskan village in which the child is eligible for membership or citizenship; to receive all benefits and privileges that flow from membership or citizenship in an Indian tribe or Alaskan village; and to be free from discrimination based on the childs political affiliation with an Indian tribe or Alaskan village.(22) (A) To access and receive medical, dental, vision, mental health, and substance use disorder services, and reproductive and sexual health care, with reasonable promptness that meets the needs of the child, to have diagnoses and services explained in an understandable manner, and to participate in decisions regarding health care treatment and services. This right includes covered gender affirming health care and gender affirming mental health care, and is subject to existing laws governing consent to health care for minors and nonminors and does not limit, add, or otherwise affect applicable laws governing consent to health care.(B) To view and receive a copy of their medical records to the extent they have the right to consent to the treatment provided in the medical record and at no cost to the child until they are 26 years of age.(23) Except in an emergency, to be free of the administration of medication or chemical substances, and to be free of all psychotropic medications unless prescribed by a physician, and in the case of children, authorized by a judge, without consequences or retaliation. The child has the right to consult with and be represented by counsel in opposing a request for the administration of psychotropic medication and to provide input to the court about the request to authorize medication. The child also has the right to report to the court the positive and adverse effects of the medication and to request that the court reconsider, revoke, or modify the authorization at any time.(24) (A) To have access to age-appropriate, medically accurate information about reproductive health care, the prevention of unplanned pregnancy, and the prevention and treatment of sexually transmitted infections.(B) At any age, to consent to or decline services regarding contraception, pregnancy care, and perinatal care, including, but not limited to, abortion services and health care services for sexual assault without the knowledge or consent of any adult.(C) At 12 years of age or older, to consent to or decline health care services to prevent, test for, or treat sexually transmitted diseases, including HIV, and mental health services, without the consent or knowledge of any adult.(25) At 12 years of age or older, to choose, whenever feasible and in accordance with applicable law, their own health care provider for medical, dental, vision, mental health, substance use disorder services, and sexual and reproductive health care, if payment for the service is authorized under applicable federal Medicaid law or other approved insurance, and to communicate with that health care provider regarding any treatment concerns or needs and to request a second opinion before being required to undergo invasive medical, dental, or psychiatric treatment.(26) To confidentiality of medical and mental health records, including, but not limited to, HIV status, substance use disorder history and treatment, and sexual and reproductive health care, consistent with existing law.(27) To attend school, to remain in the childs school of origin, to immediate enrollment upon a change of school, to partial credits for any coursework completed, and to priority enrollment in preschool, after school programs, a California State University, and each community college district, and to receive all other necessary educational supports and benefits, as described in the Education Code.(28) To have access to existing information regarding the educational options available, including, but not limited to, the coursework necessary for career, technical, and postsecondary educational programs, and information regarding financial aid for postsecondary education, and specialized programs for current and former foster children available at the University of California, the California State University, and the California Community Colleges.(29) To attend Independent Living Program classes and activities, if the child meets the age requirements, and to not be prevented by caregivers from attending as a consequence or punishment.(30) To maintain a bank account and manage personal income, consistent with the childs age and developmental level, unless prohibited by the case plan.(31) To work and develop job skills at an age-appropriate level, consistent with state law.(32) For children 14 to 17 years of age, inclusive, to receive a consumer credit report provided to the child by the social worker or probation officer on an annual basis from each of the three major credit reporting agencies, and to receive assistance with interpreting and resolving any inaccuracies.(33) To be represented by an attorney in juvenile court; to have an attorney appointed to advise the court of the childs wishes, to advocate for the childs protection, safety, and well-being, and to investigate and report to the court on legal interests beyond the scope of the juvenile proceeding; to speak to the attorney confidentially; and to request a hearing if the child feels their appointed counsel is not acting in their best interest or adequately representing their legal interests.(34) (A) To receive a notice of court hearings, to attend court hearings, to speak to the judge, to view and receive a copy of the court file, subject to existing federal and state confidentiality laws, and to object to or request the presence of interested persons during court hearings. If the child is an Indian child, to have a representative designated by the childs Indian tribe be in attendance during hearings.(B) When a child is entitled to receive a copy of the court report, case plan, and transition to independent living plan (TILP), those items shall be provided in the childs primary language.(35) To the confidentiality of all juvenile court records consistent with existing law.(36) To view and receive a copy of their child welfare records, juvenile court records, and educational records at no cost to the child until the child is 26 years of age, subject to existing federal and state confidentiality laws.(37) To be involved in the development of their own case plan, including placement decisions, decisions and placement transition planning, and plan for permanency. This involvement includes, but is not limited to, the development of case plan elements related to placement and gender affirming health care, with consideration of the childs gender identity. If the child is an Indian child, the case plan shall include protecting the essential tribal relations and best interests of the Indian child by assisting the child in establishing, developing, and maintaining political, cultural, and social relationships with the childs Indian tribe and Indian community.(38) To review the childs own case plan and plan for permanent placement if the child is 10 years of age or older, and to receive information about their out-of-home placement and case plan, including being told of changes to the plan.(39) To request and participate in a child and family team meeting, as follows:(A) Within 60 days of entering foster care, and every 6 months thereafter.(B) If placed in a short-term residential therapeutic program, or receiving intensive home-based services or intensive case coordination, or receiving therapeutic foster care services, to have a child and family team meeting at least every 90 days.(C) To request additional child and family team meetings to address concerns, including, but not limited to, placement disruption, change in service needs, addressing barriers to sibling or family visits, and addressing difficulties in coordinating services.(D) To have both informal and formal support people participate, consistent with state law.(40) (A) To be informed of these rights in an age and developmentally appropriate manner by the social worker or probation officer and to be provided a copy of the rights in this section at the time of placement, any placement change, and at least once every six months or at the time of a regularly scheduled contact with the social worker or probation officer.(B) For a child who speaks a primary language other than English, to be provided a copy of the childs rights in the childs primary language.(41) To be provided with contact information for the Community Care Licensing Division of the State Department of Social Services, the tribal authority approving a tribally approved home, and the State Foster Care Ombudsperson, at the time of each placement, and to contact any or all of these offices immediately upon request regarding violations of rights, to speak to representatives of these offices confidentially, and to be free from threats or punishment for making complaints.(b) The rights described in this section are broad expressions of the rights of children in foster care and are not exhaustive of all rights set forth in the United States Constitution and the California Constitution, federal and California statutes, and case law.(c) This section does not require, and shall not be interpreted to require, a foster care provider to take any action that would impair the health and safety of children in out-of-home placement.(d) The State Department of Social Services and each county welfare department are encouraged to work with the Student Aid Commission, the University of California, the California State University, and the California Community Colleges to receive information pursuant to paragraph (28) of subdivision (a). |
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| 81 | | - | |
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| 82 | | - | 16001.9. (a) All children placed in foster care, either voluntarily or after being adjudged a ward or dependent of the juvenile court pursuant to Section 300, 601, or 602, shall have the rights specified in this section. These rights also apply to nonminor dependents in foster care, except when they conflict with nonminor dependents retention of all their legal decisionmaking authority as an adult. The rights are as follows:(1) To live in a safe, healthy, and comfortable home where they are treated with respect. If the child is an Indian child, to live in a home that upholds the prevailing social and cultural standards of the childs Indian community, including, but not limited to, family, social, and political ties.(2) To be free from physical, sexual, emotional, or other abuse, corporal punishment, and exploitation.(3) To receive adequate and healthy food, adequate clothing, grooming and hygiene products, and an age-appropriate allowance. Clothing and grooming and hygiene products shall respect the childs culture, ethnicity, and gender identity and expression.(4) To be placed in the least restrictive setting possible, regardless of age, physical health, mental health, sexual orientation, and gender identity and expression, juvenile court record, or status as a pregnant or parenting youth, unless a court orders otherwise.(5) To be placed with a relative or nonrelative extended family member if an appropriate and willing individual is available.(6) To not be locked in any portion of their foster care placement, unless placed in a community treatment facility.(7) To have a placement that utilizes trauma-informed and evidence-based deescalation and intervention techniques, to have law enforcement intervention requested only when there is an imminent threat to the life or safety of a child or another person or as a last resort after other diversion and deescalation techniques have been utilized, and to not have law enforcement intervention used as a threat or in retaliation against the child.(8) To not be detained in a juvenile detention facility based on their status as a dependent of the juvenile court or the child welfare services departments inability to provide a foster care placement. If they are detained, to have all the rights afforded under the United States Constitution, the California Constitution, and all applicable state and federal laws.(9) To have storage space for private use.(10) To be free from unreasonable searches of personal belongings.(11) To be provided the names and contact information for social workers, probation officers, attorneys, service providers, foster youth advocates and supporters, Court Appointed Special Advocates (CASAs), and education rights holder if other than the parent or parents, and when applicable, representatives designated by the childs Indian tribe to participate in the juvenile court proceeding, and to communicate with these individuals privately.(12) To visit and contact siblings, family members, and relatives privately, unless prohibited by court order, and to ask the court for visitation with the childs siblings.(13) To make, send, and receive confidential telephone calls and other electronic communications, and to send and receive unopened mail, unless prohibited by court order.(14) To have social contacts with people outside of the foster care system, including, but not limited to, teachers, coaches, religious or spiritual community members, mentors, and friends. If the child is an Indian child, to have the right to have contact with tribal members and members of their Indian community consistent with the prevailing social and cultural conditions and way of life of the Indian childs tribe.(15) To attend religious services, activities, and ceremonies of the childs choice, including, but not limited to, engaging in traditional Native American religious practices.(16) To participate in extracurricular, cultural, racial, ethnic, personal enrichment, and social activities, including, but not limited to, access to computer technology and the internet, consistent with the childs age, maturity, developmental level, sexual orientation, and gender identity and expression.(17) 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 and expression, mental or physical disability, or HIV status.(18) To have caregivers, child welfare and probation personnel, and legal counsel who have received instruction on cultural competency and sensitivity relating to sexual orientation, gender identity and expression, and best practices for providing adequate care to lesbian, gay, bisexual, and transgender children in out-of-home care.(19) To be placed in out-of-home care according to their gender identity, regardless of the gender or sex listed in their court, child welfare, medical, or vital records, to be referred to by the childs preferred name and gender pronoun, and to maintain privacy regarding sexual orientation and gender identity and expression, unless the child permits the information to be disclosed, or disclosure is required to protect their health and safety, or disclosure is compelled by law or a court order.(20) To have child welfare and probation personnel and legal counsel who have received instruction on the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.) and on cultural competency and sensitivity relating to, and best practices for, providing adequate care to Indian children in out-of-home care.(21) To have recognition of the childs political affiliation with an Indian tribe or Alaskan village, including a determination of the childs membership or citizenship in an Indian tribe or Alaskan village; to receive assistance in becoming a member of an Indian tribe or Alaskan village in which the child is eligible for membership or citizenship; to receive all benefits and privileges that flow from membership or citizenship in an Indian tribe or Alaskan village; and to be free from discrimination based on the childs political affiliation with an Indian tribe or Alaskan village.(22) (A) To access and receive medical, dental, vision, mental health, and substance use disorder services, and reproductive and sexual health care, with reasonable promptness that meets the needs of the child, to have diagnoses and services explained in an understandable manner, and to participate in decisions regarding health care treatment and services. This right includes covered gender affirming health care and gender affirming mental health care, and is subject to existing laws governing consent to health care for minors and nonminors and does not limit, add, or otherwise affect applicable laws governing consent to health care.(B) To view and receive a copy of their medical records to the extent they have the right to consent to the treatment provided in the medical record and at no cost to the child until they are 26 years of age.(23) Except in an emergency, to be free of the administration of medication or chemical substances, and to be free of all psychotropic medications unless prescribed by a physician, and in the case of children, authorized by a judge, without consequences or retaliation. The child has the right to consult with and be represented by counsel in opposing a request for the administration of psychotropic medication and to provide input to the court about the request to authorize medication. The child also has the right to report to the court the positive and adverse effects of the medication and to request that the court reconsider, revoke, or modify the authorization at any time.(24) (A) To have access to age-appropriate, medically accurate information about reproductive health care, the prevention of unplanned pregnancy, and the prevention and treatment of sexually transmitted infections.(B) At any age, to consent to or decline services regarding contraception, pregnancy care, and perinatal care, including, but not limited to, abortion services and health care services for sexual assault without the knowledge or consent of any adult.(C) At 12 years of age or older, to consent to or decline health care services to prevent, test for, or treat sexually transmitted diseases, including HIV, and mental health services, without the consent or knowledge of any adult.(25) At 12 years of age or older, to choose, whenever feasible and in accordance with applicable law, their own health care provider for medical, dental, vision, mental health, substance use disorder services, and sexual and reproductive health care, if payment for the service is authorized under applicable federal Medicaid law or other approved insurance, and to communicate with that health care provider regarding any treatment concerns or needs and to request a second opinion before being required to undergo invasive medical, dental, or psychiatric treatment.(26) To confidentiality of medical and mental health records, including, but not limited to, HIV status, substance use disorder history and treatment, and sexual and reproductive health care, consistent with existing law.(27) To attend school, to remain in the childs school of origin, to immediate enrollment upon a change of school, to partial credits for any coursework completed, and to priority enrollment in preschool, after school programs, a California State University, and each community college district, and to receive all other necessary educational supports and benefits, as described in the Education Code.(28) To have access to existing information regarding the educational options available, including, but not limited to, the coursework necessary for career, technical, and postsecondary educational programs, and information regarding financial aid for postsecondary education, and specialized programs for current and former foster children available at the University of California, the California State University, and the California Community Colleges.(29) To attend Independent Living Program classes and activities, if the child meets the age requirements, and to not be prevented by caregivers from attending as a consequence or punishment.(30) To maintain a bank account and manage personal income, consistent with the childs age and developmental level, unless prohibited by the case plan.(31) To work and develop job skills at an age-appropriate level, consistent with state law.(32) For children 14 to 17 years of age, inclusive, to receive a consumer credit report provided to the child by the social worker or probation officer on an annual basis from each of the three major credit reporting agencies, and to receive assistance with interpreting and resolving any inaccuracies.(33) To be represented by an attorney in juvenile court; to have an attorney appointed to advise the court of the childs wishes, to advocate for the childs protection, safety, and well-being, and to investigate and report to the court on legal interests beyond the scope of the juvenile proceeding; to speak to the attorney confidentially; and to request a hearing if the child feels their appointed counsel is not acting in their best interest or adequately representing their legal interests.(34) (A) To receive a notice of court hearings, to attend court hearings, to speak to the judge, to view and receive a copy of the court file, subject to existing federal and state confidentiality laws, and to object to or request the presence of interested persons during court hearings. If the child is an Indian child, to have a representative designated by the childs Indian tribe be in attendance during hearings.(B) When a child is entitled to receive a copy of the court report, case plan, and transition to independent living plan (TILP), those items shall be provided in the childs primary language.(35) To the confidentiality of all juvenile court records consistent with existing law.(36) To view and receive a copy of their child welfare records, juvenile court records, and educational records at no cost to the child until the child is 26 years of age, subject to existing federal and state confidentiality laws.(37) To be involved in the development of their own case plan, including placement decisions, decisions and placement transition planning, and plan for permanency. This involvement includes, but is not limited to, the development of case plan elements related to placement and gender affirming health care, with consideration of the childs gender identity. If the child is an Indian child, the case plan shall include protecting the essential tribal relations and best interests of the Indian child by assisting the child in establishing, developing, and maintaining political, cultural, and social relationships with the childs Indian tribe and Indian community.(38) To review the childs own case plan and plan for permanent placement if the child is 10 years of age or older, and to receive information about their out-of-home placement and case plan, including being told of changes to the plan.(39) To request and participate in a child and family team meeting, as follows:(A) Within 60 days of entering foster care, and every 6 months thereafter.(B) If placed in a short-term residential therapeutic program, or receiving intensive home-based services or intensive case coordination, or receiving therapeutic foster care services, to have a child and family team meeting at least every 90 days.(C) To request additional child and family team meetings to address concerns, including, but not limited to, placement disruption, change in service needs, addressing barriers to sibling or family visits, and addressing difficulties in coordinating services.(D) To have both informal and formal support people participate, consistent with state law.(40) (A) To be informed of these rights in an age and developmentally appropriate manner by the social worker or probation officer and to be provided a copy of the rights in this section at the time of placement, any placement change, and at least once every six months or at the time of a regularly scheduled contact with the social worker or probation officer.(B) For a child who speaks a primary language other than English, to be provided a copy of the childs rights in the childs primary language.(41) To be provided with contact information for the Community Care Licensing Division of the State Department of Social Services, the tribal authority approving a tribally approved home, and the State Foster Care Ombudsperson, at the time of each placement, and to contact any or all of these offices immediately upon request regarding violations of rights, to speak to representatives of these offices confidentially, and to be free from threats or punishment for making complaints.(b) The rights described in this section are broad expressions of the rights of children in foster care and are not exhaustive of all rights set forth in the United States Constitution and the California Constitution, federal and California statutes, and case law.(c) This section does not require, and shall not be interpreted to require, a foster care provider to take any action that would impair the health and safety of children in out-of-home placement.(d) The State Department of Social Services and each county welfare department are encouraged to work with the Student Aid Commission, the University of California, the California State University, and the California Community Colleges to receive information pursuant to paragraph (28) of subdivision (a). |
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| 83 | | - | |
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| 84 | | - | 16001.9. (a) All children placed in foster care, either voluntarily or after being adjudged a ward or dependent of the juvenile court pursuant to Section 300, 601, or 602, shall have the rights specified in this section. These rights also apply to nonminor dependents in foster care, except when they conflict with nonminor dependents retention of all their legal decisionmaking authority as an adult. The rights are as follows:(1) To live in a safe, healthy, and comfortable home where they are treated with respect. If the child is an Indian child, to live in a home that upholds the prevailing social and cultural standards of the childs Indian community, including, but not limited to, family, social, and political ties.(2) To be free from physical, sexual, emotional, or other abuse, corporal punishment, and exploitation.(3) To receive adequate and healthy food, adequate clothing, grooming and hygiene products, and an age-appropriate allowance. Clothing and grooming and hygiene products shall respect the childs culture, ethnicity, and gender identity and expression.(4) To be placed in the least restrictive setting possible, regardless of age, physical health, mental health, sexual orientation, and gender identity and expression, juvenile court record, or status as a pregnant or parenting youth, unless a court orders otherwise.(5) To be placed with a relative or nonrelative extended family member if an appropriate and willing individual is available.(6) To not be locked in any portion of their foster care placement, unless placed in a community treatment facility.(7) To have a placement that utilizes trauma-informed and evidence-based deescalation and intervention techniques, to have law enforcement intervention requested only when there is an imminent threat to the life or safety of a child or another person or as a last resort after other diversion and deescalation techniques have been utilized, and to not have law enforcement intervention used as a threat or in retaliation against the child.(8) To not be detained in a juvenile detention facility based on their status as a dependent of the juvenile court or the child welfare services departments inability to provide a foster care placement. If they are detained, to have all the rights afforded under the United States Constitution, the California Constitution, and all applicable state and federal laws.(9) To have storage space for private use.(10) To be free from unreasonable searches of personal belongings.(11) To be provided the names and contact information for social workers, probation officers, attorneys, service providers, foster youth advocates and supporters, Court Appointed Special Advocates (CASAs), and education rights holder if other than the parent or parents, and when applicable, representatives designated by the childs Indian tribe to participate in the juvenile court proceeding, and to communicate with these individuals privately.(12) To visit and contact siblings, family members, and relatives privately, unless prohibited by court order, and to ask the court for visitation with the childs siblings.(13) To make, send, and receive confidential telephone calls and other electronic communications, and to send and receive unopened mail, unless prohibited by court order.(14) To have social contacts with people outside of the foster care system, including, but not limited to, teachers, coaches, religious or spiritual community members, mentors, and friends. If the child is an Indian child, to have the right to have contact with tribal members and members of their Indian community consistent with the prevailing social and cultural conditions and way of life of the Indian childs tribe.(15) To attend religious services, activities, and ceremonies of the childs choice, including, but not limited to, engaging in traditional Native American religious practices.(16) To participate in extracurricular, cultural, racial, ethnic, personal enrichment, and social activities, including, but not limited to, access to computer technology and the internet, consistent with the childs age, maturity, developmental level, sexual orientation, and gender identity and expression.(17) 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 and expression, mental or physical disability, or HIV status.(18) To have caregivers, child welfare and probation personnel, and legal counsel who have received instruction on cultural competency and sensitivity relating to sexual orientation, gender identity and expression, and best practices for providing adequate care to lesbian, gay, bisexual, and transgender children in out-of-home care.(19) To be placed in out-of-home care according to their gender identity, regardless of the gender or sex listed in their court, child welfare, medical, or vital records, to be referred to by the childs preferred name and gender pronoun, and to maintain privacy regarding sexual orientation and gender identity and expression, unless the child permits the information to be disclosed, or disclosure is required to protect their health and safety, or disclosure is compelled by law or a court order.(20) To have child welfare and probation personnel and legal counsel who have received instruction on the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.) and on cultural competency and sensitivity relating to, and best practices for, providing adequate care to Indian children in out-of-home care.(21) To have recognition of the childs political affiliation with an Indian tribe or Alaskan village, including a determination of the childs membership or citizenship in an Indian tribe or Alaskan village; to receive assistance in becoming a member of an Indian tribe or Alaskan village in which the child is eligible for membership or citizenship; to receive all benefits and privileges that flow from membership or citizenship in an Indian tribe or Alaskan village; and to be free from discrimination based on the childs political affiliation with an Indian tribe or Alaskan village.(22) (A) To access and receive medical, dental, vision, mental health, and substance use disorder services, and reproductive and sexual health care, with reasonable promptness that meets the needs of the child, to have diagnoses and services explained in an understandable manner, and to participate in decisions regarding health care treatment and services. This right includes covered gender affirming health care and gender affirming mental health care, and is subject to existing laws governing consent to health care for minors and nonminors and does not limit, add, or otherwise affect applicable laws governing consent to health care.(B) To view and receive a copy of their medical records to the extent they have the right to consent to the treatment provided in the medical record and at no cost to the child until they are 26 years of age.(23) Except in an emergency, to be free of the administration of medication or chemical substances, and to be free of all psychotropic medications unless prescribed by a physician, and in the case of children, authorized by a judge, without consequences or retaliation. The child has the right to consult with and be represented by counsel in opposing a request for the administration of psychotropic medication and to provide input to the court about the request to authorize medication. The child also has the right to report to the court the positive and adverse effects of the medication and to request that the court reconsider, revoke, or modify the authorization at any time.(24) (A) To have access to age-appropriate, medically accurate information about reproductive health care, the prevention of unplanned pregnancy, and the prevention and treatment of sexually transmitted infections.(B) At any age, to consent to or decline services regarding contraception, pregnancy care, and perinatal care, including, but not limited to, abortion services and health care services for sexual assault without the knowledge or consent of any adult.(C) At 12 years of age or older, to consent to or decline health care services to prevent, test for, or treat sexually transmitted diseases, including HIV, and mental health services, without the consent or knowledge of any adult.(25) At 12 years of age or older, to choose, whenever feasible and in accordance with applicable law, their own health care provider for medical, dental, vision, mental health, substance use disorder services, and sexual and reproductive health care, if payment for the service is authorized under applicable federal Medicaid law or other approved insurance, and to communicate with that health care provider regarding any treatment concerns or needs and to request a second opinion before being required to undergo invasive medical, dental, or psychiatric treatment.(26) To confidentiality of medical and mental health records, including, but not limited to, HIV status, substance use disorder history and treatment, and sexual and reproductive health care, consistent with existing law.(27) To attend school, to remain in the childs school of origin, to immediate enrollment upon a change of school, to partial credits for any coursework completed, and to priority enrollment in preschool, after school programs, a California State University, and each community college district, and to receive all other necessary educational supports and benefits, as described in the Education Code.(28) To have access to existing information regarding the educational options available, including, but not limited to, the coursework necessary for career, technical, and postsecondary educational programs, and information regarding financial aid for postsecondary education, and specialized programs for current and former foster children available at the University of California, the California State University, and the California Community Colleges.(29) To attend Independent Living Program classes and activities, if the child meets the age requirements, and to not be prevented by caregivers from attending as a consequence or punishment.(30) To maintain a bank account and manage personal income, consistent with the childs age and developmental level, unless prohibited by the case plan.(31) To work and develop job skills at an age-appropriate level, consistent with state law.(32) For children 14 to 17 years of age, inclusive, to receive a consumer credit report provided to the child by the social worker or probation officer on an annual basis from each of the three major credit reporting agencies, and to receive assistance with interpreting and resolving any inaccuracies.(33) To be represented by an attorney in juvenile court; to have an attorney appointed to advise the court of the childs wishes, to advocate for the childs protection, safety, and well-being, and to investigate and report to the court on legal interests beyond the scope of the juvenile proceeding; to speak to the attorney confidentially; and to request a hearing if the child feels their appointed counsel is not acting in their best interest or adequately representing their legal interests.(34) (A) To receive a notice of court hearings, to attend court hearings, to speak to the judge, to view and receive a copy of the court file, subject to existing federal and state confidentiality laws, and to object to or request the presence of interested persons during court hearings. If the child is an Indian child, to have a representative designated by the childs Indian tribe be in attendance during hearings.(B) When a child is entitled to receive a copy of the court report, case plan, and transition to independent living plan (TILP), those items shall be provided in the childs primary language.(35) To the confidentiality of all juvenile court records consistent with existing law.(36) To view and receive a copy of their child welfare records, juvenile court records, and educational records at no cost to the child until the child is 26 years of age, subject to existing federal and state confidentiality laws.(37) To be involved in the development of their own case plan, including placement decisions, decisions and placement transition planning, and plan for permanency. This involvement includes, but is not limited to, the development of case plan elements related to placement and gender affirming health care, with consideration of the childs gender identity. If the child is an Indian child, the case plan shall include protecting the essential tribal relations and best interests of the Indian child by assisting the child in establishing, developing, and maintaining political, cultural, and social relationships with the childs Indian tribe and Indian community.(38) To review the childs own case plan and plan for permanent placement if the child is 10 years of age or older, and to receive information about their out-of-home placement and case plan, including being told of changes to the plan.(39) To request and participate in a child and family team meeting, as follows:(A) Within 60 days of entering foster care, and every 6 months thereafter.(B) If placed in a short-term residential therapeutic program, or receiving intensive home-based services or intensive case coordination, or receiving therapeutic foster care services, to have a child and family team meeting at least every 90 days.(C) To request additional child and family team meetings to address concerns, including, but not limited to, placement disruption, change in service needs, addressing barriers to sibling or family visits, and addressing difficulties in coordinating services.(D) To have both informal and formal support people participate, consistent with state law.(40) (A) To be informed of these rights in an age and developmentally appropriate manner by the social worker or probation officer and to be provided a copy of the rights in this section at the time of placement, any placement change, and at least once every six months or at the time of a regularly scheduled contact with the social worker or probation officer.(B) For a child who speaks a primary language other than English, to be provided a copy of the childs rights in the childs primary language.(41) To be provided with contact information for the Community Care Licensing Division of the State Department of Social Services, the tribal authority approving a tribally approved home, and the State Foster Care Ombudsperson, at the time of each placement, and to contact any or all of these offices immediately upon request regarding violations of rights, to speak to representatives of these offices confidentially, and to be free from threats or punishment for making complaints.(b) The rights described in this section are broad expressions of the rights of children in foster care and are not exhaustive of all rights set forth in the United States Constitution and the California Constitution, federal and California statutes, and case law.(c) This section does not require, and shall not be interpreted to require, a foster care provider to take any action that would impair the health and safety of children in out-of-home placement.(d) The State Department of Social Services and each county welfare department are encouraged to work with the Student Aid Commission, the University of California, the California State University, and the California Community Colleges to receive information pursuant to paragraph (28) of subdivision (a). |
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| 54 | + | 16500. (a) The state, through the department and county welfare departments, shall establish and support a public system of statewide child welfare services to be developed as rapidly as possible and to be available in each county of the state. All counties shall establish and maintain specialized organizational entities within the county welfare department department, which shall have sole responsibility for the operation of the child welfare services program.The (b) The Legislature hereby declares its intent, in providing for this statewide system of child welfare services, that all children are entitled to be safe and free from abuse and neglect. |
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| 90 | | - | (1) To live in a safe, healthy, and comfortable home where they are treated with respect. If the child is an Indian child, to live in a home that upholds the prevailing social and cultural standards of the childs Indian community, including, but not limited to, family, social, and political ties. |
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| 91 | | - | |
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| 92 | | - | (2) To be free from physical, sexual, emotional, or other abuse, corporal punishment, and exploitation. |
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| 93 | | - | |
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| 94 | | - | (3) To receive adequate and healthy food, adequate clothing, grooming and hygiene products, and an age-appropriate allowance. Clothing and grooming and hygiene products shall respect the childs culture, ethnicity, and gender identity and expression. |
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| 95 | | - | |
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| 96 | | - | (4) To be placed in the least restrictive setting possible, regardless of age, physical health, mental health, sexual orientation, and gender identity and expression, juvenile court record, or status as a pregnant or parenting youth, unless a court orders otherwise. |
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| 97 | | - | |
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| 98 | | - | (5) To be placed with a relative or nonrelative extended family member if an appropriate and willing individual is available. |
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| 99 | | - | |
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| 100 | | - | (6) To not be locked in any portion of their foster care placement, unless placed in a community treatment facility. |
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| 101 | | - | |
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| 102 | | - | (7) To have a placement that utilizes trauma-informed and evidence-based deescalation and intervention techniques, to have law enforcement intervention requested only when there is an imminent threat to the life or safety of a child or another person or as a last resort after other diversion and deescalation techniques have been utilized, and to not have law enforcement intervention used as a threat or in retaliation against the child. |
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| 103 | | - | |
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| 104 | | - | (8) To not be detained in a juvenile detention facility based on their status as a dependent of the juvenile court or the child welfare services departments inability to provide a foster care placement. If they are detained, to have all the rights afforded under the United States Constitution, the California Constitution, and all applicable state and federal laws. |
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| 105 | | - | |
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| 106 | | - | (9) To have storage space for private use. |
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| 107 | | - | |
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| 108 | | - | (10) To be free from unreasonable searches of personal belongings. |
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| 109 | | - | |
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| 110 | | - | (11) To be provided the names and contact information for social workers, probation officers, attorneys, service providers, foster youth advocates and supporters, Court Appointed Special Advocates (CASAs), and education rights holder if other than the parent or parents, and when applicable, representatives designated by the childs Indian tribe to participate in the juvenile court proceeding, and to communicate with these individuals privately. |
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| 111 | | - | |
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| 112 | | - | (12) To visit and contact siblings, family members, and relatives privately, unless prohibited by court order, and to ask the court for visitation with the childs siblings. |
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| 113 | | - | |
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| 114 | | - | (13) To make, send, and receive confidential telephone calls and other electronic communications, and to send and receive unopened mail, unless prohibited by court order. |
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| 115 | | - | |
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| 116 | | - | (14) To have social contacts with people outside of the foster care system, including, but not limited to, teachers, coaches, religious or spiritual community members, mentors, and friends. If the child is an Indian child, to have the right to have contact with tribal members and members of their Indian community consistent with the prevailing social and cultural conditions and way of life of the Indian childs tribe. |
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| 117 | | - | |
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| 118 | | - | (15) To attend religious services, activities, and ceremonies of the childs choice, including, but not limited to, engaging in traditional Native American religious practices. |
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| 119 | | - | |
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| 120 | | - | (16) To participate in extracurricular, cultural, racial, ethnic, personal enrichment, and social activities, including, but not limited to, access to computer technology and the internet, consistent with the childs age, maturity, developmental level, sexual orientation, and gender identity and expression. |
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| 121 | | - | |
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| 122 | | - | (17) 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 and expression, mental or physical disability, or HIV status. |
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| 123 | | - | |
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| 124 | | - | (18) To have caregivers, child welfare and probation personnel, and legal counsel who have received instruction on cultural competency and sensitivity relating to sexual orientation, gender identity and expression, and best practices for providing adequate care to lesbian, gay, bisexual, and transgender children in out-of-home care. |
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| 125 | | - | |
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| 126 | | - | (19) To be placed in out-of-home care according to their gender identity, regardless of the gender or sex listed in their court, child welfare, medical, or vital records, to be referred to by the childs preferred name and gender pronoun, and to maintain privacy regarding sexual orientation and gender identity and expression, unless the child permits the information to be disclosed, or disclosure is required to protect their health and safety, or disclosure is compelled by law or a court order. |
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| 127 | | - | |
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| 128 | | - | (20) To have child welfare and probation personnel and legal counsel who have received instruction on the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.) and on cultural competency and sensitivity relating to, and best practices for, providing adequate care to Indian children in out-of-home care. |
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| 129 | | - | |
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| 130 | | - | (21) To have recognition of the childs political affiliation with an Indian tribe or Alaskan village, including a determination of the childs membership or citizenship in an Indian tribe or Alaskan village; to receive assistance in becoming a member of an Indian tribe or Alaskan village in which the child is eligible for membership or citizenship; to receive all benefits and privileges that flow from membership or citizenship in an Indian tribe or Alaskan village; and to be free from discrimination based on the childs political affiliation with an Indian tribe or Alaskan village. |
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| 131 | | - | |
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| 132 | | - | (22) (A) To access and receive medical, dental, vision, mental health, and substance use disorder services, and reproductive and sexual health care, with reasonable promptness that meets the needs of the child, to have diagnoses and services explained in an understandable manner, and to participate in decisions regarding health care treatment and services. This right includes covered gender affirming health care and gender affirming mental health care, and is subject to existing laws governing consent to health care for minors and nonminors and does not limit, add, or otherwise affect applicable laws governing consent to health care. |
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| 133 | | - | |
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| 134 | | - | (B) To view and receive a copy of their medical records to the extent they have the right to consent to the treatment provided in the medical record and at no cost to the child until they are 26 years of age. |
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| 135 | | - | |
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| 136 | | - | (23) Except in an emergency, to be free of the administration of medication or chemical substances, and to be free of all psychotropic medications unless prescribed by a physician, and in the case of children, authorized by a judge, without consequences or retaliation. The child has the right to consult with and be represented by counsel in opposing a request for the administration of psychotropic medication and to provide input to the court about the request to authorize medication. The child also has the right to report to the court the positive and adverse effects of the medication and to request that the court reconsider, revoke, or modify the authorization at any time. |
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| 137 | | - | |
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| 138 | | - | (24) (A) To have access to age-appropriate, medically accurate information about reproductive health care, the prevention of unplanned pregnancy, and the prevention and treatment of sexually transmitted infections. |
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| 139 | | - | |
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| 140 | | - | (B) At any age, to consent to or decline services regarding contraception, pregnancy care, and perinatal care, including, but not limited to, abortion services and health care services for sexual assault without the knowledge or consent of any adult. |
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| 141 | | - | |
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| 142 | | - | (C) At 12 years of age or older, to consent to or decline health care services to prevent, test for, or treat sexually transmitted diseases, including HIV, and mental health services, without the consent or knowledge of any adult. |
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| 143 | | - | |
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| 144 | | - | (25) At 12 years of age or older, to choose, whenever feasible and in accordance with applicable law, their own health care provider for medical, dental, vision, mental health, substance use disorder services, and sexual and reproductive health care, if payment for the service is authorized under applicable federal Medicaid law or other approved insurance, and to communicate with that health care provider regarding any treatment concerns or needs and to request a second opinion before being required to undergo invasive medical, dental, or psychiatric treatment. |
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| 145 | | - | |
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| 146 | | - | (26) To confidentiality of medical and mental health records, including, but not limited to, HIV status, substance use disorder history and treatment, and sexual and reproductive health care, consistent with existing law. |
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| 147 | | - | |
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| 148 | | - | (27) To attend school, to remain in the childs school of origin, to immediate enrollment upon a change of school, to partial credits for any coursework completed, and to priority enrollment in preschool, after school programs, a California State University, and each community college district, and to receive all other necessary educational supports and benefits, as described in the Education Code. |
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| 149 | | - | |
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| 150 | | - | (28) To have access to existing information regarding the educational options available, including, but not limited to, the coursework necessary for career, technical, and postsecondary educational programs, and information regarding financial aid for postsecondary education, and specialized programs for current and former foster children available at the University of California, the California State University, and the California Community Colleges. |
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| 151 | | - | |
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| 152 | | - | (29) To attend Independent Living Program classes and activities, if the child meets the age requirements, and to not be prevented by caregivers from attending as a consequence or punishment. |
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| 153 | | - | |
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| 154 | | - | (30) To maintain a bank account and manage personal income, consistent with the childs age and developmental level, unless prohibited by the case plan. |
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| 155 | | - | |
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| 156 | | - | (31) To work and develop job skills at an age-appropriate level, consistent with state law. |
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| 157 | | - | |
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| 158 | | - | (32) For children 14 to 17 years of age, inclusive, to receive a consumer credit report provided to the child by the social worker or probation officer on an annual basis from each of the three major credit reporting agencies, and to receive assistance with interpreting and resolving any inaccuracies. |
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| 159 | | - | |
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| 160 | | - | (33) To be represented by an attorney in juvenile court; to have an attorney appointed to advise the court of the childs wishes, to advocate for the childs protection, safety, and well-being, and to investigate and report to the court on legal interests beyond the scope of the juvenile proceeding; to speak to the attorney confidentially; and to request a hearing if the child feels their appointed counsel is not acting in their best interest or adequately representing their legal interests. |
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| 161 | | - | |
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| 162 | | - | (34) (A) To receive a notice of court hearings, to attend court hearings, to speak to the judge, to view and receive a copy of the court file, subject to existing federal and state confidentiality laws, and to object to or request the presence of interested persons during court hearings. If the child is an Indian child, to have a representative designated by the childs Indian tribe be in attendance during hearings. |
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| 163 | | - | |
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| 164 | | - | (B) When a child is entitled to receive a copy of the court report, case plan, and transition to independent living plan (TILP), those items shall be provided in the childs primary language. |
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| 165 | | - | |
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| 166 | | - | (35) To the confidentiality of all juvenile court records consistent with existing law. |
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| 167 | | - | |
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| 168 | | - | (36) To view and receive a copy of their child welfare records, juvenile court records, and educational records at no cost to the child until the child is 26 years of age, subject to existing federal and state confidentiality laws. |
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| 169 | | - | |
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| 170 | | - | (37) To be involved in the development of their own case plan, including placement decisions, decisions and placement transition planning, and plan for permanency. This involvement includes, but is not limited to, the development of case plan elements related to placement and gender affirming health care, with consideration of the childs gender identity. If the child is an Indian child, the case plan shall include protecting the essential tribal relations and best interests of the Indian child by assisting the child in establishing, developing, and maintaining political, cultural, and social relationships with the childs Indian tribe and Indian community. |
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| 171 | | - | |
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| 172 | | - | (38) To review the childs own case plan and plan for permanent placement if the child is 10 years of age or older, and to receive information about their out-of-home placement and case plan, including being told of changes to the plan. |
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| 173 | | - | |
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| 174 | | - | (39) To request and participate in a child and family team meeting, as follows: |
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| 175 | | - | |
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| 176 | | - | (A) Within 60 days of entering foster care, and every 6 months thereafter. |
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| 177 | | - | |
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| 178 | | - | (B) If placed in a short-term residential therapeutic program, or receiving intensive home-based services or intensive case coordination, or receiving therapeutic foster care services, to have a child and family team meeting at least every 90 days. |
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| 179 | | - | |
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| 180 | | - | (C) To request additional child and family team meetings to address concerns, including, but not limited to, placement disruption, change in service needs, addressing barriers to sibling or family visits, and addressing difficulties in coordinating services. |
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| 181 | | - | |
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| 182 | | - | (D) To have both informal and formal support people participate, consistent with state law. |
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| 183 | | - | |
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| 184 | | - | (40) (A) To be informed of these rights in an age and developmentally appropriate manner by the social worker or probation officer and to be provided a copy of the rights in this section at the time of placement, any placement change, and at least once every six months or at the time of a regularly scheduled contact with the social worker or probation officer. |
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| 185 | | - | |
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| 186 | | - | (B) For a child who speaks a primary language other than English, to be provided a copy of the childs rights in the childs primary language. |
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| 187 | | - | |
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| 188 | | - | (41) To be provided with contact information for the Community Care Licensing Division of the State Department of Social Services, the tribal authority approving a tribally approved home, and the State Foster Care Ombudsperson, at the time of each placement, and to contact any or all of these offices immediately upon request regarding violations of rights, to speak to representatives of these offices confidentially, and to be free from threats or punishment for making complaints. |
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| 189 | | - | |
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| 190 | | - | (b) The rights described in this section are broad expressions of the rights of children in foster care and are not exhaustive of all rights set forth in the United States Constitution and the California Constitution, federal and California statutes, and case law. |
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| 191 | | - | |
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| 192 | | - | (c) This section does not require, and shall not be interpreted to require, a foster care provider to take any action that would impair the health and safety of children in out-of-home placement. |
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| 193 | | - | |
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| 194 | | - | (d) The State Department of Social Services and each county welfare department are encouraged to work with the Student Aid Commission, the University of California, the California State University, and the California Community Colleges to receive information pursuant to paragraph (28) of subdivision (a). |
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| 195 | | - | |
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| 196 | | - | SEC. 3. Section 16010.7 of the Welfare and Institutions Code is amended to read:16010.7. (a) It is the intent of the Legislature to prevent children or youth in foster care placement from experiencing unnecessary or abrupt foster care placement changes that negatively impact their well-being or sense of security. It is the intent of the Legislature to preserve and strengthen the foster care placement of a child or youth whenever possible. It is also the intent of the Legislature to ensure that foster care placement changes do not occur due to gender, gender identity, race, or cultural differences. The Legislature finds and declares that unnecessary or abrupt foster care placement changes undermine the essential duties that foster caregivers have an obligation to uphold. It is the intent of the Legislature that prior to a caregiver or provider requesting a child or youth to be removed from the caregivers or providers care, the caregiver or provider shall participate in a placement preservation strategy meeting.(b) Prior to making a change in the foster care placement of a child or youth, a social worker or probation officer shall develop with the caregiver a placement preservation strategy, which shall be done in consultation with the child and family team pursuant to clause (ii) of subparagraph (A) of paragraph (4) of subdivision (a) of Section 16501, to preserve the childs or youths foster care placement. The strategy may include, but is not limited to, conflict resolution practices and facilitated meetings, and shall include a referral by the social worker or probation officer to the qualified individual for an assessment, as described in subdivision (g) of Section 4096, if the next placement is anticipated to be in a short-term residential therapeutic program or in an out-of-state residential facility, as defined by paragraph (2) of subdivision (b) of Section 7910 of the Family Code.(c) A social worker or probation officer shall include the strategy developed and implemented pursuant to subdivision (b) within the childs contact notes or equivalent in the statewide child welfare information system.(d) For purposes of this subdivision, the following definitions shall apply:(1) Child and family team has the same meaning as defined in Section 16501.(2) Conflict resolution practices means a process designed to begin a dialogue to address conflict or concerns and identify agreements or solutions, which may be incorporated as part of a meeting of a child and family team.(3) Facilitated meeting means a facilitated process designed to acknowledge, address, and respond to the underlying needs of all parties, that may include, but is not limited to, a meeting of a child and family team.(4) Representative for a child under 10 years of age means the attorney or another individual as authorized by the childs attorney.(e) If, after implementing the placement preservation strategy developed pursuant to subdivision (b), the social worker or probation officer receives a placement change request from the caregiver or provider, or otherwise finds that a foster care placement change is necessary, the social worker, probation officer, or placement agency shall serve written notice on all of the following parties at least 14 calendar days prior to the change:(1) The childs parent or guardian.(2) The childs caregiver.(3) The childs attorney.(4) The child, if the child is 10 years of age or older.(f) If the childs placement cannot be preserved, the social worker shall ensure that there is appropriate placement transition planning, consistent with the county placement transition planning policy, as developed pursuant to Section 16010.11. (f)(g) An unplanned foster care placement change shall not take place between 9 p.m. and 7 a.m., except by the mutual agreement of all of the following persons:(1) The child, if the child is 10 years of age or older, or the representative of the child, if the child is under 10 years of age.(2) The childs current caregiver.(3) The childs prospective caregiver.(4) The childs social worker or probation officer.(g)(h) If a complaint is made to the Office of the State Foster Care Ombudsperson alleging that a placement change occurred in violation of this section, and that complaint is investigated pursuant to Section 16164, the office shall provide the findings of the investigation to, as applicable, the county child welfare director, or the directors designee, or to the chief probation officer, or the chief probation officers designee, for the purposes of training, technical assistance, and quality improvement.(h)(i) Notwithstanding subdivisions (b) and (e), a social worker or probation officer may change a childs foster care placement without fulfilling the requirements of subdivisions (b) and (e) in either of the following circumstances:(1) If it is determined that remaining in the existing foster care placement or providing prior written notice of that foster care placement change poses an imminent risk to the health or safety of the child, youth, other children, or others in the home or facility.(2) If either the child and family team and the child, if the child is 10 years of age or older, or the child and family team and the representative of that child, if the child is less than 10 years of age, unanimously agree to waive the requirements described in subdivisions (b) and (e).(i)(j) This section applies to children and youth for whom the juvenile court has entered a judgment pursuant to Section 360 or 727. This section does not apply to a change in placement pursuant to Section 777 or due to a hospitalization.(j)(k) This section does not apply to a nonminor dependent, as defined in subdivision (v) of Section 11400, who is placed in a Transitional Housing Placement program for nonminor dependents, as defined in subparagraph (B) of paragraph (2) of subdivision (a) of Section 1559.110 of the Health and Safety Code, or a supervised independent living placement, as defined in subdivision (w) of Section 11400.(k)(l) This section does not apply to a planned placement change as informed by the child and family team or that is as described in the childs case plan. |
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| 197 | | - | |
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| 198 | | - | SEC. 3. Section 16010.7 of the Welfare and Institutions Code is amended to read: |
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| 199 | | - | |
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| 200 | | - | ### SEC. 3. |
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| 201 | | - | |
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| 202 | | - | 16010.7. (a) It is the intent of the Legislature to prevent children or youth in foster care placement from experiencing unnecessary or abrupt foster care placement changes that negatively impact their well-being or sense of security. It is the intent of the Legislature to preserve and strengthen the foster care placement of a child or youth whenever possible. It is also the intent of the Legislature to ensure that foster care placement changes do not occur due to gender, gender identity, race, or cultural differences. The Legislature finds and declares that unnecessary or abrupt foster care placement changes undermine the essential duties that foster caregivers have an obligation to uphold. It is the intent of the Legislature that prior to a caregiver or provider requesting a child or youth to be removed from the caregivers or providers care, the caregiver or provider shall participate in a placement preservation strategy meeting.(b) Prior to making a change in the foster care placement of a child or youth, a social worker or probation officer shall develop with the caregiver a placement preservation strategy, which shall be done in consultation with the child and family team pursuant to clause (ii) of subparagraph (A) of paragraph (4) of subdivision (a) of Section 16501, to preserve the childs or youths foster care placement. The strategy may include, but is not limited to, conflict resolution practices and facilitated meetings, and shall include a referral by the social worker or probation officer to the qualified individual for an assessment, as described in subdivision (g) of Section 4096, if the next placement is anticipated to be in a short-term residential therapeutic program or in an out-of-state residential facility, as defined by paragraph (2) of subdivision (b) of Section 7910 of the Family Code.(c) A social worker or probation officer shall include the strategy developed and implemented pursuant to subdivision (b) within the childs contact notes or equivalent in the statewide child welfare information system.(d) For purposes of this subdivision, the following definitions shall apply:(1) Child and family team has the same meaning as defined in Section 16501.(2) Conflict resolution practices means a process designed to begin a dialogue to address conflict or concerns and identify agreements or solutions, which may be incorporated as part of a meeting of a child and family team.(3) Facilitated meeting means a facilitated process designed to acknowledge, address, and respond to the underlying needs of all parties, that may include, but is not limited to, a meeting of a child and family team.(4) Representative for a child under 10 years of age means the attorney or another individual as authorized by the childs attorney.(e) If, after implementing the placement preservation strategy developed pursuant to subdivision (b), the social worker or probation officer receives a placement change request from the caregiver or provider, or otherwise finds that a foster care placement change is necessary, the social worker, probation officer, or placement agency shall serve written notice on all of the following parties at least 14 calendar days prior to the change:(1) The childs parent or guardian.(2) The childs caregiver.(3) The childs attorney.(4) The child, if the child is 10 years of age or older.(f) If the childs placement cannot be preserved, the social worker shall ensure that there is appropriate placement transition planning, consistent with the county placement transition planning policy, as developed pursuant to Section 16010.11. (f)(g) An unplanned foster care placement change shall not take place between 9 p.m. and 7 a.m., except by the mutual agreement of all of the following persons:(1) The child, if the child is 10 years of age or older, or the representative of the child, if the child is under 10 years of age.(2) The childs current caregiver.(3) The childs prospective caregiver.(4) The childs social worker or probation officer.(g)(h) If a complaint is made to the Office of the State Foster Care Ombudsperson alleging that a placement change occurred in violation of this section, and that complaint is investigated pursuant to Section 16164, the office shall provide the findings of the investigation to, as applicable, the county child welfare director, or the directors designee, or to the chief probation officer, or the chief probation officers designee, for the purposes of training, technical assistance, and quality improvement.(h)(i) Notwithstanding subdivisions (b) and (e), a social worker or probation officer may change a childs foster care placement without fulfilling the requirements of subdivisions (b) and (e) in either of the following circumstances:(1) If it is determined that remaining in the existing foster care placement or providing prior written notice of that foster care placement change poses an imminent risk to the health or safety of the child, youth, other children, or others in the home or facility.(2) If either the child and family team and the child, if the child is 10 years of age or older, or the child and family team and the representative of that child, if the child is less than 10 years of age, unanimously agree to waive the requirements described in subdivisions (b) and (e).(i)(j) This section applies to children and youth for whom the juvenile court has entered a judgment pursuant to Section 360 or 727. This section does not apply to a change in placement pursuant to Section 777 or due to a hospitalization.(j)(k) This section does not apply to a nonminor dependent, as defined in subdivision (v) of Section 11400, who is placed in a Transitional Housing Placement program for nonminor dependents, as defined in subparagraph (B) of paragraph (2) of subdivision (a) of Section 1559.110 of the Health and Safety Code, or a supervised independent living placement, as defined in subdivision (w) of Section 11400.(k)(l) This section does not apply to a planned placement change as informed by the child and family team or that is as described in the childs case plan. |
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| 203 | | - | |
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| 204 | | - | 16010.7. (a) It is the intent of the Legislature to prevent children or youth in foster care placement from experiencing unnecessary or abrupt foster care placement changes that negatively impact their well-being or sense of security. It is the intent of the Legislature to preserve and strengthen the foster care placement of a child or youth whenever possible. It is also the intent of the Legislature to ensure that foster care placement changes do not occur due to gender, gender identity, race, or cultural differences. The Legislature finds and declares that unnecessary or abrupt foster care placement changes undermine the essential duties that foster caregivers have an obligation to uphold. It is the intent of the Legislature that prior to a caregiver or provider requesting a child or youth to be removed from the caregivers or providers care, the caregiver or provider shall participate in a placement preservation strategy meeting.(b) Prior to making a change in the foster care placement of a child or youth, a social worker or probation officer shall develop with the caregiver a placement preservation strategy, which shall be done in consultation with the child and family team pursuant to clause (ii) of subparagraph (A) of paragraph (4) of subdivision (a) of Section 16501, to preserve the childs or youths foster care placement. The strategy may include, but is not limited to, conflict resolution practices and facilitated meetings, and shall include a referral by the social worker or probation officer to the qualified individual for an assessment, as described in subdivision (g) of Section 4096, if the next placement is anticipated to be in a short-term residential therapeutic program or in an out-of-state residential facility, as defined by paragraph (2) of subdivision (b) of Section 7910 of the Family Code.(c) A social worker or probation officer shall include the strategy developed and implemented pursuant to subdivision (b) within the childs contact notes or equivalent in the statewide child welfare information system.(d) For purposes of this subdivision, the following definitions shall apply:(1) Child and family team has the same meaning as defined in Section 16501.(2) Conflict resolution practices means a process designed to begin a dialogue to address conflict or concerns and identify agreements or solutions, which may be incorporated as part of a meeting of a child and family team.(3) Facilitated meeting means a facilitated process designed to acknowledge, address, and respond to the underlying needs of all parties, that may include, but is not limited to, a meeting of a child and family team.(4) Representative for a child under 10 years of age means the attorney or another individual as authorized by the childs attorney.(e) If, after implementing the placement preservation strategy developed pursuant to subdivision (b), the social worker or probation officer receives a placement change request from the caregiver or provider, or otherwise finds that a foster care placement change is necessary, the social worker, probation officer, or placement agency shall serve written notice on all of the following parties at least 14 calendar days prior to the change:(1) The childs parent or guardian.(2) The childs caregiver.(3) The childs attorney.(4) The child, if the child is 10 years of age or older.(f) If the childs placement cannot be preserved, the social worker shall ensure that there is appropriate placement transition planning, consistent with the county placement transition planning policy, as developed pursuant to Section 16010.11. (f)(g) An unplanned foster care placement change shall not take place between 9 p.m. and 7 a.m., except by the mutual agreement of all of the following persons:(1) The child, if the child is 10 years of age or older, or the representative of the child, if the child is under 10 years of age.(2) The childs current caregiver.(3) The childs prospective caregiver.(4) The childs social worker or probation officer.(g)(h) If a complaint is made to the Office of the State Foster Care Ombudsperson alleging that a placement change occurred in violation of this section, and that complaint is investigated pursuant to Section 16164, the office shall provide the findings of the investigation to, as applicable, the county child welfare director, or the directors designee, or to the chief probation officer, or the chief probation officers designee, for the purposes of training, technical assistance, and quality improvement.(h)(i) Notwithstanding subdivisions (b) and (e), a social worker or probation officer may change a childs foster care placement without fulfilling the requirements of subdivisions (b) and (e) in either of the following circumstances:(1) If it is determined that remaining in the existing foster care placement or providing prior written notice of that foster care placement change poses an imminent risk to the health or safety of the child, youth, other children, or others in the home or facility.(2) If either the child and family team and the child, if the child is 10 years of age or older, or the child and family team and the representative of that child, if the child is less than 10 years of age, unanimously agree to waive the requirements described in subdivisions (b) and (e).(i)(j) This section applies to children and youth for whom the juvenile court has entered a judgment pursuant to Section 360 or 727. This section does not apply to a change in placement pursuant to Section 777 or due to a hospitalization.(j)(k) This section does not apply to a nonminor dependent, as defined in subdivision (v) of Section 11400, who is placed in a Transitional Housing Placement program for nonminor dependents, as defined in subparagraph (B) of paragraph (2) of subdivision (a) of Section 1559.110 of the Health and Safety Code, or a supervised independent living placement, as defined in subdivision (w) of Section 11400.(k)(l) This section does not apply to a planned placement change as informed by the child and family team or that is as described in the childs case plan. |
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| 205 | | - | |
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| 206 | | - | 16010.7. (a) It is the intent of the Legislature to prevent children or youth in foster care placement from experiencing unnecessary or abrupt foster care placement changes that negatively impact their well-being or sense of security. It is the intent of the Legislature to preserve and strengthen the foster care placement of a child or youth whenever possible. It is also the intent of the Legislature to ensure that foster care placement changes do not occur due to gender, gender identity, race, or cultural differences. The Legislature finds and declares that unnecessary or abrupt foster care placement changes undermine the essential duties that foster caregivers have an obligation to uphold. It is the intent of the Legislature that prior to a caregiver or provider requesting a child or youth to be removed from the caregivers or providers care, the caregiver or provider shall participate in a placement preservation strategy meeting.(b) Prior to making a change in the foster care placement of a child or youth, a social worker or probation officer shall develop with the caregiver a placement preservation strategy, which shall be done in consultation with the child and family team pursuant to clause (ii) of subparagraph (A) of paragraph (4) of subdivision (a) of Section 16501, to preserve the childs or youths foster care placement. The strategy may include, but is not limited to, conflict resolution practices and facilitated meetings, and shall include a referral by the social worker or probation officer to the qualified individual for an assessment, as described in subdivision (g) of Section 4096, if the next placement is anticipated to be in a short-term residential therapeutic program or in an out-of-state residential facility, as defined by paragraph (2) of subdivision (b) of Section 7910 of the Family Code.(c) A social worker or probation officer shall include the strategy developed and implemented pursuant to subdivision (b) within the childs contact notes or equivalent in the statewide child welfare information system.(d) For purposes of this subdivision, the following definitions shall apply:(1) Child and family team has the same meaning as defined in Section 16501.(2) Conflict resolution practices means a process designed to begin a dialogue to address conflict or concerns and identify agreements or solutions, which may be incorporated as part of a meeting of a child and family team.(3) Facilitated meeting means a facilitated process designed to acknowledge, address, and respond to the underlying needs of all parties, that may include, but is not limited to, a meeting of a child and family team.(4) Representative for a child under 10 years of age means the attorney or another individual as authorized by the childs attorney.(e) If, after implementing the placement preservation strategy developed pursuant to subdivision (b), the social worker or probation officer receives a placement change request from the caregiver or provider, or otherwise finds that a foster care placement change is necessary, the social worker, probation officer, or placement agency shall serve written notice on all of the following parties at least 14 calendar days prior to the change:(1) The childs parent or guardian.(2) The childs caregiver.(3) The childs attorney.(4) The child, if the child is 10 years of age or older.(f) If the childs placement cannot be preserved, the social worker shall ensure that there is appropriate placement transition planning, consistent with the county placement transition planning policy, as developed pursuant to Section 16010.11. (f)(g) An unplanned foster care placement change shall not take place between 9 p.m. and 7 a.m., except by the mutual agreement of all of the following persons:(1) The child, if the child is 10 years of age or older, or the representative of the child, if the child is under 10 years of age.(2) The childs current caregiver.(3) The childs prospective caregiver.(4) The childs social worker or probation officer.(g)(h) If a complaint is made to the Office of the State Foster Care Ombudsperson alleging that a placement change occurred in violation of this section, and that complaint is investigated pursuant to Section 16164, the office shall provide the findings of the investigation to, as applicable, the county child welfare director, or the directors designee, or to the chief probation officer, or the chief probation officers designee, for the purposes of training, technical assistance, and quality improvement.(h)(i) Notwithstanding subdivisions (b) and (e), a social worker or probation officer may change a childs foster care placement without fulfilling the requirements of subdivisions (b) and (e) in either of the following circumstances:(1) If it is determined that remaining in the existing foster care placement or providing prior written notice of that foster care placement change poses an imminent risk to the health or safety of the child, youth, other children, or others in the home or facility.(2) If either the child and family team and the child, if the child is 10 years of age or older, or the child and family team and the representative of that child, if the child is less than 10 years of age, unanimously agree to waive the requirements described in subdivisions (b) and (e).(i)(j) This section applies to children and youth for whom the juvenile court has entered a judgment pursuant to Section 360 or 727. This section does not apply to a change in placement pursuant to Section 777 or due to a hospitalization.(j)(k) This section does not apply to a nonminor dependent, as defined in subdivision (v) of Section 11400, who is placed in a Transitional Housing Placement program for nonminor dependents, as defined in subparagraph (B) of paragraph (2) of subdivision (a) of Section 1559.110 of the Health and Safety Code, or a supervised independent living placement, as defined in subdivision (w) of Section 11400.(k)(l) This section does not apply to a planned placement change as informed by the child and family team or that is as described in the childs case plan. |
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| 207 | | - | |
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| 208 | | - | |
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| 209 | | - | |
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| 210 | | - | 16010.7. (a) It is the intent of the Legislature to prevent children or youth in foster care placement from experiencing unnecessary or abrupt foster care placement changes that negatively impact their well-being or sense of security. It is the intent of the Legislature to preserve and strengthen the foster care placement of a child or youth whenever possible. It is also the intent of the Legislature to ensure that foster care placement changes do not occur due to gender, gender identity, race, or cultural differences. The Legislature finds and declares that unnecessary or abrupt foster care placement changes undermine the essential duties that foster caregivers have an obligation to uphold. It is the intent of the Legislature that prior to a caregiver or provider requesting a child or youth to be removed from the caregivers or providers care, the caregiver or provider shall participate in a placement preservation strategy meeting. |
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| 211 | | - | |
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| 212 | | - | (b) Prior to making a change in the foster care placement of a child or youth, a social worker or probation officer shall develop with the caregiver a placement preservation strategy, which shall be done in consultation with the child and family team pursuant to clause (ii) of subparagraph (A) of paragraph (4) of subdivision (a) of Section 16501, to preserve the childs or youths foster care placement. The strategy may include, but is not limited to, conflict resolution practices and facilitated meetings, and shall include a referral by the social worker or probation officer to the qualified individual for an assessment, as described in subdivision (g) of Section 4096, if the next placement is anticipated to be in a short-term residential therapeutic program or in an out-of-state residential facility, as defined by paragraph (2) of subdivision (b) of Section 7910 of the Family Code. |
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| 213 | | - | |
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| 214 | | - | (c) A social worker or probation officer shall include the strategy developed and implemented pursuant to subdivision (b) within the childs contact notes or equivalent in the statewide child welfare information system. |
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| 215 | | - | |
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| 216 | | - | (d) For purposes of this subdivision, the following definitions shall apply: |
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| 217 | | - | |
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| 218 | | - | (1) Child and family team has the same meaning as defined in Section 16501. |
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| 219 | | - | |
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| 220 | | - | (2) Conflict resolution practices means a process designed to begin a dialogue to address conflict or concerns and identify agreements or solutions, which may be incorporated as part of a meeting of a child and family team. |
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| 221 | | - | |
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| 222 | | - | (3) Facilitated meeting means a facilitated process designed to acknowledge, address, and respond to the underlying needs of all parties, that may include, but is not limited to, a meeting of a child and family team. |
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| 223 | | - | |
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| 224 | | - | (4) Representative for a child under 10 years of age means the attorney or another individual as authorized by the childs attorney. |
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| 225 | | - | |
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| 226 | | - | (e) If, after implementing the placement preservation strategy developed pursuant to subdivision (b), the social worker or probation officer receives a placement change request from the caregiver or provider, or otherwise finds that a foster care placement change is necessary, the social worker, probation officer, or placement agency shall serve written notice on all of the following parties at least 14 calendar days prior to the change: |
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| 227 | | - | |
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| 228 | | - | (1) The childs parent or guardian. |
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| 229 | | - | |
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| 230 | | - | (2) The childs caregiver. |
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| 231 | | - | |
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| 232 | | - | (3) The childs attorney. |
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| 233 | | - | |
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| 234 | | - | (4) The child, if the child is 10 years of age or older. |
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| 235 | | - | |
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| 236 | | - | (f) If the childs placement cannot be preserved, the social worker shall ensure that there is appropriate placement transition planning, consistent with the county placement transition planning policy, as developed pursuant to Section 16010.11. |
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| 237 | | - | |
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| 238 | | - | (f) |
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| 239 | | - | |
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| 240 | | - | |
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| 241 | | - | |
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| 242 | | - | (g) An unplanned foster care placement change shall not take place between 9 p.m. and 7 a.m., except by the mutual agreement of all of the following persons: |
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| 243 | | - | |
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| 244 | | - | (1) The child, if the child is 10 years of age or older, or the representative of the child, if the child is under 10 years of age. |
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| 245 | | - | |
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| 246 | | - | (2) The childs current caregiver. |
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| 247 | | - | |
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| 248 | | - | (3) The childs prospective caregiver. |
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| 249 | | - | |
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| 250 | | - | (4) The childs social worker or probation officer. |
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| 251 | | - | |
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| 252 | | - | (g) |
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| 253 | | - | |
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| 254 | | - | |
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| 255 | | - | |
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| 256 | | - | (h) If a complaint is made to the Office of the State Foster Care Ombudsperson alleging that a placement change occurred in violation of this section, and that complaint is investigated pursuant to Section 16164, the office shall provide the findings of the investigation to, as applicable, the county child welfare director, or the directors designee, or to the chief probation officer, or the chief probation officers designee, for the purposes of training, technical assistance, and quality improvement. |
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| 257 | | - | |
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| 258 | | - | (h) |
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| 259 | | - | |
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| 260 | | - | |
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| 261 | | - | |
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| 262 | | - | (i) Notwithstanding subdivisions (b) and (e), a social worker or probation officer may change a childs foster care placement without fulfilling the requirements of subdivisions (b) and (e) in either of the following circumstances: |
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| 263 | | - | |
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| 264 | | - | (1) If it is determined that remaining in the existing foster care placement or providing prior written notice of that foster care placement change poses an imminent risk to the health or safety of the child, youth, other children, or others in the home or facility. |
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| 265 | | - | |
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| 266 | | - | (2) If either the child and family team and the child, if the child is 10 years of age or older, or the child and family team and the representative of that child, if the child is less than 10 years of age, unanimously agree to waive the requirements described in subdivisions (b) and (e). |
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| 267 | | - | |
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| 268 | | - | (i) |
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| 269 | | - | |
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| 270 | | - | |
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| 271 | | - | |
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| 272 | | - | (j) This section applies to children and youth for whom the juvenile court has entered a judgment pursuant to Section 360 or 727. This section does not apply to a change in placement pursuant to Section 777 or due to a hospitalization. |
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| 273 | | - | |
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| 274 | | - | (j) |
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| 275 | | - | |
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| 276 | | - | |
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| 277 | | - | |
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| 278 | | - | (k) This section does not apply to a nonminor dependent, as defined in subdivision (v) of Section 11400, who is placed in a Transitional Housing Placement program for nonminor dependents, as defined in subparagraph (B) of paragraph (2) of subdivision (a) of Section 1559.110 of the Health and Safety Code, or a supervised independent living placement, as defined in subdivision (w) of Section 11400. |
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| 279 | | - | |
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| 280 | | - | (k) |
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| 281 | | - | |
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| 282 | | - | |
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| 283 | | - | |
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| 284 | | - | (l) This section does not apply to a planned placement change as informed by the child and family team or that is as described in the childs case plan. |
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| 285 | | - | |
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| 286 | | - | SEC. 4. Section 16010.11 is added to the Welfare and Institutions Code, to read:16010.11. (a) (1) Each county child welfare agency shall adopt a policy for supporting foster children who are transitioning between placement settings and who are transitioning from foster care to reunification. The placement transition planning policy shall include both of the following components:(A) Ensure that foster children are provided the opportunity to provide input on their placement transition, as developmentally and age-appropriate and ensure that the childs current or most recent caregiver also has input into the transition needs of the child.(B) Provide guidance to social workers for obtaining input and sharing information in placement transition planning and incorporating the planning into case plans in such a way as to support the strengths and needs of children and to reduce trauma and any psychological, cultural, developmental, relational, spiritual, or emotional harm to the foster child.(2) In developing the placement transition policy, the county child welfare agency shall consult with foster youth and caregivers to create a placement transition policy that includes all of the following:(A) Consideration of a childs educational, medical, mental health, religious or faith-based, cultural, dietary, extracurricular and social, and developmental needs.(B) How to maintain permanent connections for the child, including supporting relationships with relatives, friends, and other individuals who are important to the child, and continuity in health care, education, child daycare, extracurricular and social activities, and other community involvement.(C) How transitions will be managed, including timing, preparation for the move, such as visits or contact with the current and new care provider, ensuring the child has all of their possessions, how the child will be transported to the new placement, and how the child can participate in scheduled upcoming events and activities.(D) How the social worker will ensure that the transition plan is carried out as designed and how any necessary adjustments will occur and be communicated.(E) The designation of an individual who will communicate with the child throughout the transition process to ensure the child understands what is happening and who is involved in decisionmaking.(b) (1) The department, in consultation with counties that have implemented placement transition planning and with other stakeholders who have placement transition planning expertise, shall issue guidance to county child welfare agencies to describe best practices and strategies for successful placement transition planning.(2) A county child welfare agency shall submit to the department its placement transition planning policy, via email or other correspondence, no later than one year after the department has issued its guidance and provided funding to counties to develop their placement transition planning policies. |
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| 287 | | - | |
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| 288 | | - | SEC. 4. Section 16010.11 is added to the Welfare and Institutions Code, to read: |
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| 289 | | - | |
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| 290 | | - | ### SEC. 4. |
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| 291 | | - | |
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| 292 | | - | 16010.11. (a) (1) Each county child welfare agency shall adopt a policy for supporting foster children who are transitioning between placement settings and who are transitioning from foster care to reunification. The placement transition planning policy shall include both of the following components:(A) Ensure that foster children are provided the opportunity to provide input on their placement transition, as developmentally and age-appropriate and ensure that the childs current or most recent caregiver also has input into the transition needs of the child.(B) Provide guidance to social workers for obtaining input and sharing information in placement transition planning and incorporating the planning into case plans in such a way as to support the strengths and needs of children and to reduce trauma and any psychological, cultural, developmental, relational, spiritual, or emotional harm to the foster child.(2) In developing the placement transition policy, the county child welfare agency shall consult with foster youth and caregivers to create a placement transition policy that includes all of the following:(A) Consideration of a childs educational, medical, mental health, religious or faith-based, cultural, dietary, extracurricular and social, and developmental needs.(B) How to maintain permanent connections for the child, including supporting relationships with relatives, friends, and other individuals who are important to the child, and continuity in health care, education, child daycare, extracurricular and social activities, and other community involvement.(C) How transitions will be managed, including timing, preparation for the move, such as visits or contact with the current and new care provider, ensuring the child has all of their possessions, how the child will be transported to the new placement, and how the child can participate in scheduled upcoming events and activities.(D) How the social worker will ensure that the transition plan is carried out as designed and how any necessary adjustments will occur and be communicated.(E) The designation of an individual who will communicate with the child throughout the transition process to ensure the child understands what is happening and who is involved in decisionmaking.(b) (1) The department, in consultation with counties that have implemented placement transition planning and with other stakeholders who have placement transition planning expertise, shall issue guidance to county child welfare agencies to describe best practices and strategies for successful placement transition planning.(2) A county child welfare agency shall submit to the department its placement transition planning policy, via email or other correspondence, no later than one year after the department has issued its guidance and provided funding to counties to develop their placement transition planning policies. |
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| 293 | | - | |
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| 294 | | - | 16010.11. (a) (1) Each county child welfare agency shall adopt a policy for supporting foster children who are transitioning between placement settings and who are transitioning from foster care to reunification. The placement transition planning policy shall include both of the following components:(A) Ensure that foster children are provided the opportunity to provide input on their placement transition, as developmentally and age-appropriate and ensure that the childs current or most recent caregiver also has input into the transition needs of the child.(B) Provide guidance to social workers for obtaining input and sharing information in placement transition planning and incorporating the planning into case plans in such a way as to support the strengths and needs of children and to reduce trauma and any psychological, cultural, developmental, relational, spiritual, or emotional harm to the foster child.(2) In developing the placement transition policy, the county child welfare agency shall consult with foster youth and caregivers to create a placement transition policy that includes all of the following:(A) Consideration of a childs educational, medical, mental health, religious or faith-based, cultural, dietary, extracurricular and social, and developmental needs.(B) How to maintain permanent connections for the child, including supporting relationships with relatives, friends, and other individuals who are important to the child, and continuity in health care, education, child daycare, extracurricular and social activities, and other community involvement.(C) How transitions will be managed, including timing, preparation for the move, such as visits or contact with the current and new care provider, ensuring the child has all of their possessions, how the child will be transported to the new placement, and how the child can participate in scheduled upcoming events and activities.(D) How the social worker will ensure that the transition plan is carried out as designed and how any necessary adjustments will occur and be communicated.(E) The designation of an individual who will communicate with the child throughout the transition process to ensure the child understands what is happening and who is involved in decisionmaking.(b) (1) The department, in consultation with counties that have implemented placement transition planning and with other stakeholders who have placement transition planning expertise, shall issue guidance to county child welfare agencies to describe best practices and strategies for successful placement transition planning.(2) A county child welfare agency shall submit to the department its placement transition planning policy, via email or other correspondence, no later than one year after the department has issued its guidance and provided funding to counties to develop their placement transition planning policies. |
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| 295 | | - | |
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| 296 | | - | 16010.11. (a) (1) Each county child welfare agency shall adopt a policy for supporting foster children who are transitioning between placement settings and who are transitioning from foster care to reunification. The placement transition planning policy shall include both of the following components:(A) Ensure that foster children are provided the opportunity to provide input on their placement transition, as developmentally and age-appropriate and ensure that the childs current or most recent caregiver also has input into the transition needs of the child.(B) Provide guidance to social workers for obtaining input and sharing information in placement transition planning and incorporating the planning into case plans in such a way as to support the strengths and needs of children and to reduce trauma and any psychological, cultural, developmental, relational, spiritual, or emotional harm to the foster child.(2) In developing the placement transition policy, the county child welfare agency shall consult with foster youth and caregivers to create a placement transition policy that includes all of the following:(A) Consideration of a childs educational, medical, mental health, religious or faith-based, cultural, dietary, extracurricular and social, and developmental needs.(B) How to maintain permanent connections for the child, including supporting relationships with relatives, friends, and other individuals who are important to the child, and continuity in health care, education, child daycare, extracurricular and social activities, and other community involvement.(C) How transitions will be managed, including timing, preparation for the move, such as visits or contact with the current and new care provider, ensuring the child has all of their possessions, how the child will be transported to the new placement, and how the child can participate in scheduled upcoming events and activities.(D) How the social worker will ensure that the transition plan is carried out as designed and how any necessary adjustments will occur and be communicated.(E) The designation of an individual who will communicate with the child throughout the transition process to ensure the child understands what is happening and who is involved in decisionmaking.(b) (1) The department, in consultation with counties that have implemented placement transition planning and with other stakeholders who have placement transition planning expertise, shall issue guidance to county child welfare agencies to describe best practices and strategies for successful placement transition planning.(2) A county child welfare agency shall submit to the department its placement transition planning policy, via email or other correspondence, no later than one year after the department has issued its guidance and provided funding to counties to develop their placement transition planning policies. |
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| 297 | | - | |
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| 298 | | - | |
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| 299 | | - | |
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| 300 | | - | 16010.11. (a) (1) Each county child welfare agency shall adopt a policy for supporting foster children who are transitioning between placement settings and who are transitioning from foster care to reunification. The placement transition planning policy shall include both of the following components: |
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| 301 | | - | |
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| 302 | | - | (A) Ensure that foster children are provided the opportunity to provide input on their placement transition, as developmentally and age-appropriate and ensure that the childs current or most recent caregiver also has input into the transition needs of the child. |
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| 303 | | - | |
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| 304 | | - | (B) Provide guidance to social workers for obtaining input and sharing information in placement transition planning and incorporating the planning into case plans in such a way as to support the strengths and needs of children and to reduce trauma and any psychological, cultural, developmental, relational, spiritual, or emotional harm to the foster child. |
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| 305 | | - | |
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| 306 | | - | (2) In developing the placement transition policy, the county child welfare agency shall consult with foster youth and caregivers to create a placement transition policy that includes all of the following: |
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| 307 | | - | |
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| 308 | | - | (A) Consideration of a childs educational, medical, mental health, religious or faith-based, cultural, dietary, extracurricular and social, and developmental needs. |
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| 309 | | - | |
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| 310 | | - | (B) How to maintain permanent connections for the child, including supporting relationships with relatives, friends, and other individuals who are important to the child, and continuity in health care, education, child daycare, extracurricular and social activities, and other community involvement. |
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| 311 | | - | |
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| 312 | | - | (C) How transitions will be managed, including timing, preparation for the move, such as visits or contact with the current and new care provider, ensuring the child has all of their possessions, how the child will be transported to the new placement, and how the child can participate in scheduled upcoming events and activities. |
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| 313 | | - | |
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| 314 | | - | (D) How the social worker will ensure that the transition plan is carried out as designed and how any necessary adjustments will occur and be communicated. |
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| 315 | | - | |
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| 316 | | - | (E) The designation of an individual who will communicate with the child throughout the transition process to ensure the child understands what is happening and who is involved in decisionmaking. |
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| 317 | | - | |
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| 318 | | - | (b) (1) The department, in consultation with counties that have implemented placement transition planning and with other stakeholders who have placement transition planning expertise, shall issue guidance to county child welfare agencies to describe best practices and strategies for successful placement transition planning. |
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| 319 | | - | |
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| 320 | | - | (2) A county child welfare agency shall submit to the department its placement transition planning policy, via email or other correspondence, no later than one year after the department has issued its guidance and provided funding to counties to develop their placement transition planning policies. |
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| 321 | | - | |
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| 322 | | - | SEC. 5. Section 16519.5 of the Welfare and Institutions Code is amended to read:16519.5. (a) The State Department of Social Services, in consultation with county child welfare agencies, foster parent associations, and other interested community parties, shall implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, certifying foster homes by licensed foster family agencies, approving relatives and nonrelative extended family members as foster care providers, and approving guardians and adoptive families.(b) (1) Counties shall be selected to participate on a voluntary basis as early implementation counties for the purpose of participating in the initial development of the approval process. Early implementation counties shall be selected according to criteria developed by the department in consultation with the County Welfare Directors Association of California. In selecting the five early implementation counties, the department shall promote diversity among the participating counties in terms of size and geographic location.(2) Additional counties may participate in the early implementation of the program upon authorization by the department.(3) The State Department of Social Services shall be responsible for all of the following:(A) Selecting early implementation counties, based on criteria established by the department in consultation with the County Welfare Directors Association of California.(B) Establishing timeframes for participating counties to submit an implementation plan, enter into terms and conditions for early implementation participation in the program, train appropriate staff, and accept applications from resource families.(C) Entering into terms and conditions for early implementation participation in the program by counties.(4) Counties participating in the early implementation of the program shall be responsible for all of the following:(A) Submitting an implementation plan.(B) Entering into terms and conditions for early implementation participation in the program.(C) Consulting with the county probation department in the development of the implementation plan.(D) Training appropriate staff.(E) Accepting applications from resource families within the timeframes established by the department.(5) (A) Approved relatives and nonrelative extended family members, licensed foster family homes, or approved adoptive homes that have completed the license or approval process prior to statewide implementation of the program shall not be considered part of the program. The otherwise applicable assessment and oversight processes shall continue to be administered for families and facilities not included in the program.(B) Upon implementation of the program in a county, that county shall not accept new applications for the licensure of foster family homes, the approval of relative and nonrelative extended family members, or the approval of prospective guardians and adoptive homes.(6) The department may waive regulations that pose a barrier to the early implementation and operation of this program. The waiver of a regulation by the department pursuant to this section applies to only those counties or foster family agencies participating in the early implementation of the program and only for the duration of the program.(7) This subdivision is inoperative on January 1, 2017.(c) (1) For purposes of this article, resource family means an individual or family that has successfully met both the home environment assessment standards and the permanency assessment criteria adopted pursuant to subdivision (d) necessary for providing care for a child placed by a public or private child placement agency by court order, or voluntarily placed by a parent or legal guardian. A resource family shall demonstrate all of the following:(A) An understanding of the safety, permanence, and well-being needs of children who have been victims of child abuse and neglect, and the capacity and willingness to meet those needs, including the need for protection, and the willingness to make use of support resources offered by the agency, or a support structure in place, or both.(B) An understanding of childrens needs and development, effective parenting skills or knowledge about parenting, and the capacity to act as a reasonable, prudent parent in day-to-day decisionmaking.(C) An understanding of the role of the individual or family as a resource family and the capacity to work cooperatively with the agency agency, birth family, as appropriate, other resource families, and other service providers in implementing the childs caseplan. plan and supporting transitions in placement settings or permanency.(D) The financial ability within the household to ensure the stability and financial security of the family. This requirement may be waived for relative and nonrelative extended family member resource families on a case-by-case basis. For purposes of this subparagraph, there is no minimum income requirement and an applicant who will rely on the funding described in subdivision (l) to meet additional household expenses incurred due to the placement of a child shall not, for this reason, be denied approval as a resource family.(E) (i)An ability and willingness to provide a family setting that promotes normal childhood experiences that serves the needs of the child.(F) An ability and willingness to meet the needs of the child regardless of the childs sexual orientation, gender identity, or gender expression, and that, should difficulties around these issues arise, a willingness to obtain resources offered by the county or foster family agency or other available resources to meet those needs.(2) For purposes of this article, and unless otherwise specified, references to a child include a nonminor dependent and nonminor former dependent or ward, as defined in subdivision (v) and paragraph (1) of subdivision (aa) of Section 11400.(3) There is no fundamental right to approval as a resource family. Emergency placement of a child pursuant to Section 309, 319, 361.45, or 727.05, or with a resource family applicant pursuant to subdivision (e), does not entitle an applicant to approval as a resource family.(4) (A) A resource family shall be considered eligible to provide foster care for children in out-of-home placement and approved for adoption and guardianship.(B) (i) Notwithstanding subparagraph (A), a county may approve a resource family to care for a specific child, as specified in the written directives or regulations adopted pursuant to this section. Child-specific approval shall be considered if the applicant is a relative or nonrelative extended family member who has an established and significant relationship with a child or a child is already placed in the home of the relative or nonrelative extended family member pursuant to subdivision (e) or Section 309, 319, 361.45, or 727.05.(ii) When child-specific approval is granted to a relative who has received a criminal records exemption pursuant to clause (iv) of subparagraph (A) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code, the childs placement shall be funded pursuant to Section 11461.3 and the relative shall not be eligible for federal financial participation while the child is placed with them.(iii) In the case of an Indian child for whom the childs tribe is not exercising its right to approve a home, the county shall apply the prevailing social and cultural standards of the Indian community to resource family approval for that child, as required by subdivision (f) of Section 361.31 and the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.). The department shall engage in the tribal consultation process and develop regulations to implement this clause. 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 this clause through all-county letters or other similar instruction, and provide guidance to counties regarding consistent implementation of this clause.(5) For purposes of this article, resource family approval means that the applicant or resource family successfully meets the home environment assessment and permanency assessment standards. This approval is in lieu of a foster family home license issued pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, a certificate of approval issued by a licensed foster family agency, as described in subdivision (b) of Section 1506 of the Health and Safety Code, relative or nonrelative extended family member approval, guardianship approval, and the adoption home study approval.(6) Approval of a resource family does not guarantee an initial, continued, or adoptive placement of a child with a resource family or with a relative or nonrelative extended family member. Approval of a resource family does not guarantee the establishment of a legal guardianship of a child with a resource family.(7) (A) Notwithstanding paragraphs (1) to (6), inclusive, the county shall, consistent with Sections 1520.3 and 1558.1 of the Health and Safety Code, cease any further review of an application if the applicant has had a previous application denial by the department or a county within the preceding year, or if the applicant has had a previous rescission, revocation, or exemption denial or exemption rescission by the department or a county within the preceding two years.(B) Notwithstanding subparagraph (A), the county may continue to review an application if it has determined that the reasons for the previous denial, rescission, or revocation were due to circumstances and conditions that either have been corrected or are no longer in existence. If an individual was excluded from a resource family home or facility licensed by the department, the county shall cease review of the individuals application unless the excluded individual has been reinstated pursuant to subdivision (g) of Section 16519.6 of this code or pursuant to Section 1569.53, subdivision (h) of Section 1558, subdivision (h) of Section 1569.58, or subdivision (h) of Section 1596.8897, of the Health and Safety Code.(C) (i) The county may cease any further review of an application if, after written notice to the applicant, the applicant fails to complete an application without good faith effort and within 30 days of the date of the notice, as specified in the written directives or regulations adopted pursuant to this section.(ii) Clause (i) does not apply if a child is placed with the applicant pursuant to Section 309, 361.45, 727.05, or paragraph (1) of subdivision (e) of Section 16519.5.(D) The cessation of an application review pursuant to this paragraph does not constitute a denial of the application for purposes of this section or any other law.(E) For purposes of this section, the date of a previous denial, rescission, revocation, exemption denial or exemption rescission, or exclusion shall be either of the following:(i) The effective date of a final decision or order upholding a notice of action or exclusion order.(ii) The date on the notice of the decision to deny, rescind, revoke, or exclude if the notice was not appealed or otherwise constitutes a final decision.(8) A resource family shall meet the approval standards set forth in this section, and, as applicable, Chapter 6.3 (commencing with Section 18360) of Part 6, to maintain approval. A resource family shall comply with the written directives or regulations adopted pursuant to this section and applicable laws in order to maintain approval.(9) A resource family may be approved by a county child welfare department or a probation department pursuant to this section or by a foster family agency pursuant to Section 1517 of the Health and Safety Code.(10) A resource family shall not be licensed to operate a residential facility, as defined in Section 1502 of the Health and Safety Code, a residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, or a residential care facility for persons with chronic life-threatening illnesses, as defined in Section 1568.01 of the Health and Safety Code, on the same premises used as the residence of the resource family.(11) (A) An applicant who withdraws an application prior to its approval or denial may resubmit the application within 12 months of the withdrawal.(B) This paragraph does not preclude a county from requiring an applicant to complete an application activity, even if that activity was previously completed.(d) (1) The department shall adopt standards pertaining to the home environment and permanency assessments of a resource family.(2) Resource family home environment assessment standards shall include, but not be limited to, all of the following:(A) (i) (I) A criminal record clearance of each applicant and all adults residing in, or regularly present in, the home, and not exempted from fingerprinting, as set forth in subdivision (b) of Section 1522 of the Health and Safety Code, pursuant to Section 8712 of the Family Code, utilizing a check of the Child Abuse Central Index pursuant to Section 1522.1 of the Health and Safety Code, and receipt of a fingerprint-based state and federal criminal offender record information search response. The criminal history information shall include subsequent notifications pursuant to Section 11105.2 of the Penal Code.(II) Consideration of any substantiated allegations of child abuse or neglect against the applicant and any other adult residing in, or regularly present in, the home pursuant to Section 1522.1 of the Health and Safety Code.(III) If the criminal records check indicates that the person has been convicted of an offense described in subparagraph (A) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code, home approval shall be denied unless the person has received a criminal records exemption pursuant to clause (iv) of subparagraph (A) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code. If the criminal records check indicates that the person has been convicted of an offense described in subparagraph (B) or (D) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code, the home shall not be approved unless a criminal record exemption has been granted pursuant to subclause (IV).(IV) If the resource family parent, applicant, or any other person specified in subclause (I) has been convicted of a crime other than an infraction or arrested for an offense specified in subdivision (e) of Section 1522 of the Health and Safety Code, except for the civil penalty language, the criminal background check provisions specified in subdivisions (d) through (f) of Section 1522 of the Health and Safety Code shall apply. Exemptions from the criminal records clearance requirements set forth in this section may be granted by the department or the county, if that county has been granted permission by the department to issue criminal record 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.(V) If it is determined, on the basis of the fingerprint images and related information submitted to the Department of Justice, that subsequent to obtaining a criminal record clearance or exemption from disqualification, the person has been convicted of, or is awaiting trial for, a sex offense against a minor, or has been convicted for an offense specified in Section 243.4, 273a, 273ab, 273d, 273g, or 368 of the Penal Code, or a felony, the department or county shall notify the resource family to act immediately to remove or bar the person from entering the resource familys home. The department or county, as applicable, may subsequently grant an exemption from disqualification pursuant to subdivision (g) of Section 1522 of the Health and Safety Code. If the conviction or arrest was for another crime, the resource family shall, upon notification by the department or county, act immediately to either remove or bar the person from entering the resource familys home, or require the person to seek an exemption from disqualification pursuant to subdivision (g) of Section 1522 of the Health and Safety Code. The department or county, as applicable, shall determine if the person shall be allowed to remain in the home until a decision on the exemption from disqualification is rendered.(ii) For public foster family agencies approving resource families, the criminal records clearance process set forth in clause (i) shall be utilized.(iii) For private foster family agencies approving resource families, the criminal records clearance process set forth in clause (i) shall be utilized, but the Department of Justice shall disseminate a fitness determination resulting from the federal criminal offender record information search.(B) A home and grounds evaluation to ensure the health and safety of children.(C) In addition to the foregoing requirements, the resource family home environment assessment standards shall require the following:(i) That the applicant demonstrates an understanding of the rights of children in care and the applicants responsibility to safeguard those rights.(ii) That the total number of children residing in the home of a resource family shall be no more than the total number of children the resource family can properly care for, regardless of status, and shall not exceed six children, unless exceptional circumstances that are documented in the foster childs case file exist to permit a resource family to care for more children, including, but not limited to, the need to place siblings together, consistent with Section 16002.(iii) That the applicant understands the applicants responsibilities with respect to acting as a reasonable and prudent parent, and maintaining the least restrictive environment that serves the needs of the child.(3) The resource family permanency assessment standards shall include, but not be limited to, all of the following:(A) Caregiver training, as described in subdivisions (g) and (h).(B) A family evaluation, which shall include, but not be limited to, interviews of an applicant to assess the applicants personal history, family dynamic, and need for support or resources, and a risk assessment.(i) When the applicant is a relative or nonrelative extended family member to an identified child, the family evaluation shall consider the nature of the relationship between the relative or nonrelative extended family member and the child. The relative or nonrelative extended family members expressed desire to only care for a specific child or children shall not be a reason to deny the approval.(ii) A caregiver risk assessment shall include, but not be limited to, physical and mental health, alcohol and other substance use and abuse, family and domestic violence, and the factors listed in paragraph (1) of subdivision (c).(iii) A county may review and discuss data contained in the statewide child welfare database with an applicant for purposes of conducting a family evaluation, as specified in the written directives or regulations adopted pursuant to this section.(C) Completion of any other activities that relate to the ability of an applicant or a resource family to achieve permanency with a child.(4) (A) For a child placed on an emergency basis pursuant to Section 309, 361.45, or 727.05, the home environment assessment, the permanency assessment, and the written report shall be completed within 120 days of the placement, unless good cause exists based upon the needs of the child.(B) If additional time is needed to complete the home environment assessment or the permanency assessment, the county shall document the extenuating circumstances for the delay and generate a timeframe for the completion of those assessments.(C) The county shall report to the department, on a quarterly basis, the number of families with emergency placements whose home environment assessment or permanency assessment goes beyond 120 days and summarize the reasons for these delays.(e) (1) A county may place a child with a resource family applicant who has successfully completed the home environment assessment prior to completion of a permanency assessment only if a compelling reason for the placement exists based on the needs of the child.(A) The permanency assessment and the written report described in paragraph (5) of subdivision (g) shall be completed within 120 days of the childs placement in the home, unless good cause exists.(B) If additional time is needed to comply with subparagraph (A), the county shall document the extenuating circumstances for the delay and generate a timeframe for the completion of the permanency assessment.(C) The county shall report to the department, on a quarterly basis, the number of applicants for whom the requirements of subparagraph (A) exceed 120 days and summarize the reasons for these delays.(2) The home environment and permanency assessments, and the written report described in paragraph (5) of subdivision (g), shall be completed within 120 days of a childs placement with a relative or nonrelative extended family member pursuant to Section 309, 361.45, or 727.05, unless good cause exists.(3) For any placement made pursuant to this subdivision, AFDC-FC funding shall not be available until approval of the resource family has been completed.(4) A child placed pursuant to this subdivision shall be afforded all the rights set forth in Section 16001.9.(5) This section does not limit the countys authority to inspect the home of a resource family applicant as often as necessary to ensure the quality of care provided.(6) This subdivision does not limit the countys obligation under law to assess and give placement consideration to relatives and nonrelative extended family members and to place a child pursuant to Section 309, 361.3, 361.45, 706.6, or 727.1.(f) The State Department of Social Services shall be responsible for all of the following:(1) (A) Until regulations are adopted, administering the program through the issuance of written directives that shall have the same force and effect as regulations. Any directive affecting Article 1 (commencing with Section 700) of Chapter 7 of Division 1 of Title 11 of the California Code of Regulations shall be approved by the Department of Justice. The directives shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).(B) Adopting, amending, or repealing, in accordance with Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code, any reasonable rules, regulations, and standards that may be necessary or proper to carry out the purposes and intent of this article and to enable the department to exercise the powers and perform the duties conferred upon it by this section, consistent with the laws of this state.(2) Approving and requiring the use of a single standard for resource family approval.(3) Adopting and requiring the use of standardized documentation for the home environment and permanency assessments of resource families. The department shall permit counties to maintain documentation relating to the resource family approval process in an electronic format.(4) Adopting core competencies for county staff to participate in the assessment and evaluation of an applicant or resource family.(5) Requiring counties to monitor county-approved resource families, including, but not limited to, both of the following:(A) Investigating complaints regarding resource families.(B) Developing and monitoring resource family corrective action plans to correct identified deficiencies and to rescind resource family approval if compliance with corrective action plans is not achieved.(6) Ongoing oversight and monitoring of county systems and operations including all of the following:(A) Reviewing the countys implementation plan and implementation of the program.(B) Reviewing an adequate number of county-approved resource families in each county to ensure that approval standards are being properly applied.(i) The review shall include case file documentation and may include onsite inspection of individual resource families.(ii) The review shall occur on a biennial basis and more frequently if the department becomes aware that a county is experiencing a disproportionate number of complaints against individual resource family homes.(C) Reviewing county reports of serious complaints and incidents involving resource families, as determined necessary by the department. The department may conduct an independent review of the complaint or incident and change the findings depending on the results of its investigation.(D) Investigating unresolved complaints against counties.(E) Requiring corrective action of counties that are not in full compliance with this section.(7) Excluding a resource family parent, applicant, or other individual from presence in any resource family home, consistent with the established standard for any of the reasons specified in Section 16519.61.(8) Implementing due process procedures, including, but not limited to, all of the following:(A) Providing a statewide fair hearing process for application denials, rescissions of approval, exclusion actions, or criminal record exemption denials or rescissions by a county or the department.(B) Providing an excluded individual with due process pursuant to Section 16519.6.(C) Amending the departments applicable state hearing procedures and regulations or using the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), when applicable, as necessary for the administration of the program.(g) Counties shall be responsible for all of the following:(1) Submitting an implementation plan and consulting with the county probation department in the development of the implementation plan.(2) Complying with the written directives or regulations adopted pursuant to this section.(3) Implementing the requirements for resource family approval and utilizing standardized documentation established by the department. A county may maintain documentation relating to the resource family approval process in an electronic format.(4) Training appropriate staff, including ensuring staff have the education and experience or core competencies necessary to participate in the assessment and evaluation of an applicant or resource family.(5) (A) Taking the following actions, as applicable, for any of the reasons specified in Section 16519.61:(i) (I) Approving or denying resource family applications, including preparing a written report that evaluates an applicants capacity to foster, adopt, and provide legal guardianship of a child based on all of the information gathered through the resource family application and assessment processes.(II) The applicants preference to provide a specific level of permanency, including adoption, guardianship, or, in the case of a relative, placement with a fit and willing relative, shall not be a basis to deny an application.(ii) Rescinding approvals of resource families.(iii) When applicable, referring a case to the department for an action to exclude a resource family parent, applicant, or other individual from presence in any resource family home, consistent with the established standard.(iv) Issuing a temporary suspension order that suspends the resource family approval prior to a hearing when, in the opinion of the county, urgent action is needed to protect a child from physical or mental abuse, abandonment, or any other substantial threat to health or safety. The county shall serve the resource family with the temporary suspension order and a copy of available discovery in the possession of the county, including, but not limited to, affidavits, declarations, names of witnesses, and other evidence upon which the county relied in issuing the temporary suspension order. The temporary suspension order shall be served upon the resource family with a notice of action, and if the matter is to be heard before the Office of Administrative Hearings, an accusation. The temporary suspension order shall list the effective date on the order.(v) Granting, denying, or rescinding criminal record exemptions.(B) Providing a resource family parent, applicant, or individual who is the subject of a criminal record exemption denial or rescission with due process pursuant to Section 16519.6.(C) Notifying the department of any decisions denying an application for resource family approval, rescinding the approval of a resource family, or denying or rescinding a criminal record exemption and, if applicable, notifying the department of the results of an administrative action.(6) (A) Updating resource family approval biennially and as necessary to address any changes that have occurred in the resource familys circumstances, including, but not limited to, moving to a new home location or commencing operation of a family daycare home, as defined in Section 1596.78 of the Health and Safety Code.(B) A county shall conduct an announced inspection of a resource family home during the biennial update, and as necessary to address any changes specified in subparagraph (A), in order to ensure that the resource family is conforming to all applicable laws and the written directives or regulations adopted pursuant to this section.(7) Monitoring resource families through all of the following:(A) Ensuring that social workers who identify a condition in the home that may not meet the approval standards set forth in subdivision (d) while in the course of a routine visit to children placed with a resource family take appropriate action as needed.(B) Requiring resource families to meet the approval standards set forth in this section and to comply with the written directives or regulations adopted pursuant to this section, other applicable laws, and corrective action plans as necessary to correct identified deficiencies. If corrective action is not completed, as specified in the plan, the county may rescind the resource family approval.(C) Requiring resource families to report any incidents consistent with the reporting requirements pursuant to the written directives or regulations adopted pursuant to this section.(D) Inspecting resource family homes as often as necessary to ensure the quality of care provided.(8) (A) Investigating all complaints against a resource family and taking action as necessary, including, but not limited to, investigating any incidents reported about a resource family indicating that the approval standard is not being maintained and inspecting the resource family home.(B) The childs social worker shall not conduct the investigation into the complaint received concerning a family providing services pursuant to the standards required by subdivision (d). To the extent that adequate resources are available, complaints shall be investigated by a worker who did not conduct the home environment assessment or family evaluation or prepare the written report determining approval of the resource family.(C) Upon conclusion of the complaint investigation, the final disposition shall be reviewed and approved by a supervising staff member.(D) The department shall be notified of any serious incidents or serious complaints or any incident that falls within the definition of Section 11165.5 of the Penal Code. If those incidents or complaints result in an investigation, the department shall also be notified as to the status and disposition of that investigation.(9) Performing corrective action as required by the department.(10) Assessing county performance in related areas of the California Child and Family Services Review System, and remedying problems identified.(11) Submitting information and data that the department determines is necessary to study, monitor, and prepare the update specified in paragraph (7) of subdivision (f).(12) Ensuring resource family applicants and resource families have the necessary knowledge, skills, and abilities to support children of all races, ethnic group identifications, ancestries, national origins, colors, religions, sexes, sexual orientations, gender identities, mental or physical disabilities, or HIV statuses in foster care by completing caregiver training. The training should include a curriculum that supports the role of a resource family in parenting vulnerable children and should be ongoing in order to provide resource families with information on trauma-informed practices and requirements and other topics within the foster care system.(13) Ensuring that a resource family applicant completes a minimum of 12 hours of preapproval caregiver training. The training shall include, but not be limited to, all of the following courses:(A) An overview of the child protective and probation systems.(B) The effects of trauma, including grief and loss, and child abuse and neglect, on child development and behavior, and methods to behaviorally support children impacted by that trauma or child abuse and neglect.(C) Positive discipline and the importance of self-esteem.(D) Health issues in foster care.(E) Accessing services and supports to address education needs, physical, mental, and behavioral health, and substance use disorders, including culturally relevant services.(F) The rights of a child in foster care and the resource familys responsibility to safeguard those rights, including the right to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.(G) Cultural needs of children, including instruction on cultural competency and sensitivity, and related best practices for providing adequate care for children or youth across diverse ethnic and racial backgrounds, as well as children or youth identifying as lesbian, gay, bisexual, or transgender.(H) Basic instruction on existing laws and procedures regarding the safety of foster youth at school.(I) Permanence, well-being, and education needs of children.(J) Child and adolescent development, including sexual orientation, gender identity, and expression.(K) The role of resource families, including working cooperatively with the child welfare or probation agency, the childs family, other resource families, and other service providers implementing the case plan. plan, to support case plan goals and objectives, including placement transition planning to reduce trauma during transitions to reunification or other placement settings.(L) The role of a resource family on the child and family team as defined in paragraph (4) of subdivision (a) of Section 16501.(M) A resource familys responsibility to act as a reasonable and prudent parent, as described in subdivision (c) of Section 1522.44 of the Health and Safety Code, and to provide a family setting that promotes normal childhood experiences and that serves the needs of the child.(N) An overview of the specialized training identified in subdivision (h).(O) The information described in subdivision (i) of Section 16521.5. The program may use the curriculum created pursuant to subdivision (h), and described in subdivision (i), of Section 16521.5.(P) Information on providing care and supervision to children who have been commercially sexually exploited or who have been victims of child labor trafficking. For purposes of this subparagraph, information may include, but not be limited to, informational pamphlets addressing the identification of victims of commercial sexual exploitation and child labor trafficking and the provision of existing resources, including crisis hotline numbers, survivor and caregiver supports, and contact information for law enforcement entities.(14) Ensuring resource families complete a minimum of eight hours of caregiver training annually, a portion of which shall be from subparagraph (M) of paragraph (13) and from one or more of the other topics listed in paragraph (13).(15) (A) (i) Ensuring that resource families complete cardiopulmonary resuscitation (CPR) training and first aid training, or demonstrate equivalent certification, no later than 90 days following resource family approval.(ii) A resource family parent who has a certificate of completion for Basic Life Support (BLS) for health care professionals, or Pediatric Advanced Life Support (PALS), or a higher standard of training that certifies CPR, and for whom the certification is currently active, is exempt from completing the resource family approval CPR training requirement as described in clause (i), upon demonstrating proof of certification of completion and until the date the certification expires.(iii) A resource family parent who has active and unrestricted licensure as a health care professional, issued by the Department of Consumer Affairs or the Emergency Medical Services Authority, is exempt from completing the resource family approval first aid training requirement as described in clause (i), upon demonstrating proof of active and unrestricted licensure and until the date the licensure expires.(B) (i) Ensuring that resource families, prior to expiration of the CPR and first aid certificates, obtain training to remain certified in CPR and first aid, or demonstrate equivalent certification, and submit copies of the certificates verifying completion of the training.(ii) Clause (i) does not apply to first aid training for a resource family parent who is exempt from the first aid training requirement pursuant to clause (iii) of subparagraph (A).(16) (A) Ensuring that resource families that care for children who are 10 years of age or older attend, within 12 months of approval as a resource family, a training on understanding how to use best practices for providing care and supervision to children who have been commercially sexually exploited or who have been victims of child labor trafficking. This training shall be survivor informed, culturally relevant and appropriate, and address issues relating to stigma. The training required by this subparagraph shall address all of the following topics:(i) Recognizing indicators of commercial sexual exploitation and child labor trafficking.(ii) Harm reduction.(iii) Trauma-informed care.(iv) Available county and state resources.(v) Perspectives of individuals or families who have experiences with commercial sexual exploitation and child labor trafficking.(B) The information provided in subparagraph (P) of paragraph (13) shall also be provided during the training described in this paragraph.(C) After completing the training required by subparagraph (A), a resource family shall not be required to attend training relating to children who have been commercially sexually exploited or who have been victims of child labor trafficking, except as required pursuant to subdivision (h).(D) This section does not prevent an entity from providing the training specified in this paragraph in person, virtually, by recorded means, or by any other available means.(h) In addition to any training required by this section, a county may require a resource family or applicant to receive relevant specialized training for the purpose of preparing the resource family to meet the needs of a particular child in care. This training may include, but is not limited to, the following:(1) Understanding how to use best practices for providing care and supervision to commercially sexually exploited children and children who have been victims of child labor trafficking.(2) Understanding how to use best practices for providing care and supervision to lesbian, gay, bisexual, and transgender children.(3) Understanding the requirements and best practices regarding psychotropic medications, including, but not limited to, court authorization, benefits, uses, side effects, interactions, assistance with self-administration, misuse, documentation, storage, and metabolic monitoring of children prescribed psychotropic medications.(4) Understanding the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), its historical significance, the rights of children covered by the act, and the best interests of Indian children, including the role of the caregiver in supporting culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership, and connection to the tribal community and traditions.(5) Understanding how to use best practices for providing care and supervision to nonminor dependents.(6) Understanding how to use best practices for providing care and supervision to children with special health care needs.(7) Understanding the different permanency options and the services and benefits associated with the options.(i) This section does not preclude a county from requiring training in excess of the requirements in this section.(j) (1) Resource families who move home locations shall retain their resource family status pending the outcome of the update conducted pursuant to paragraph (6) of subdivision (g).(2) (A) If a resource family moves from one county to another county, the department, or the county to which a resource family has moved, shall submit a written request to the Department of Justice to transfer the individuals subsequent arrest notification, as specified in subdivision (h) of Section 1522 of the Health and Safety Code.(B) A request to transfer a subsequent arrest notification shall contain all prescribed data elements and format protocols pursuant to a written agreement between the department and the Department of Justice.(3) Subject to the requirements in paragraph (1), the resource family shall continue to be approved for guardianship and adoption. This subdivision shall not limit a county, foster family agency, or adoption agency from determining that the family is not approved for guardianship or adoption based on changes in the familys circumstances or family evaluation.(k) Implementation of the program shall be contingent upon the continued availability of federal Social Security Act Title IV-E (42 U.S.C. Sec. 670) funds for costs associated with placement of children with resource families assessed and approved pursuant to the program.(l) A child placed with a resource family is eligible for the resource family basic rate, pursuant to Sections 11460, 11461, 11461.3, and 11463, at the childs assessed level of care.(m) Sharing ratios for nonfederal expenditures for all costs associated with activities related to the approval of relatives and nonrelative extended family members shall be in accordance with Section 10101.(n) The Department of Justice shall charge fees sufficient to cover the cost of initial or subsequent criminal offender record information and Child Abuse Central Index searches, processing, or responses, as specified in this section.(o) Except as provided, resource families shall be exempt from both of the following:(1) Licensure requirements established pursuant to the California Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code) and all regulations promulgated to implement the act.(2) Relative and nonrelative extended family member approval requirements as those approval requirements existed prior to January 1, 2017.(p) (1) Early implementation counties shall be authorized to continue through December 31, 2016. The program shall be implemented by each county on or before January 1, 2017.(2) (A) (i) On and after January 1, 2017, a county to which the department has delegated its licensing authority pursuant to Section 1511 of the Health and Safety Code shall approve resource families in lieu of licensing foster family homes.(ii) Notwithstanding clause (i), the existing licensure and oversight processes shall continue to be administered for foster family homes licensed prior to January 1, 2017, or as specified in subparagraph (C), until the license is revoked or forfeited by operation of law pursuant to Section 1517.1 of the Health and Safety Code.(B) (i) On and after January 1, 2017, a county shall approve resource families in lieu of approving relative and nonrelative extended family members.(ii) Notwithstanding clause (i), the existing approval and oversight processes shall continue to be administered for relatives and nonrelative extended family members approved prior to January 1, 2017, or as specified in subparagraph (C), until the approval is revoked or forfeited by operation of law pursuant to this section.(C) Notwithstanding subparagraph (D), a county shall approve or deny all applications for foster family home licenses and requests for relative or nonrelative extended family member approvals received on or before December 31, 2016, in accordance with Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code or provisions providing for the approval of relatives or nonrelative extended family members, as applicable.(D) On and after January 1, 2017, a county shall not accept applications for foster family home licenses or requests to approve relatives or nonrelative extended family members.(3) No later than July 1, 2019, each county shall provide the following information to all licensed foster family homes and approved relatives and nonrelative extended family members licensed or approved by the county:(A) A detailed description of the resource family approval program.(B) Notification that, in order to care for a foster child, resource family approval is required by December 31, 2020.(C) Notification that a foster family home license and an approval of a relative or nonrelative extended family member shall be forfeited by operation of law, as specified in paragraph (8).(4) The following applies to all licensed foster family homes and approved relative and nonrelative extended family members:(A) A licensed foster family home or an approved relative or nonrelative extended family member with an approved adoptive home study completed prior to January 1, 2018, shall be deemed to be a resource family.(B) A licensed foster family home or an approved relative or nonrelative extended family member who had a child in placement at any time between January 1, 2017, and December 31, 2017, inclusive, may be approved as a resource family on the date of successful completion of a family evaluation.(C) A licensed foster family home that provided county-authorized respite services at any time between January 1, 2017, and December 31, 2017, inclusive, may be approved as a resource family on the date of successful completion of a family evaluation.(5) A county may provide supportive services to all licensed foster family homes, relatives, and nonrelative extended family members with a child in placement to assist with the resource family transition and to minimize placement disruptions.(6) (A) In order to approve a licensed foster family home or approved relative or nonrelative extended family member as a resource family pursuant to paragraph (4), a county shall submit a written request to the Department of Justice to transfer any subsequent arrest and Child Abuse Central Index notifications, as specified in subdivision (h) of Section 1522 of the Health and Safety Code.(B) A request to transfer a subsequent arrest notification shall contain all prescribed data elements and format protocols pursuant to a written agreement between the department and the Department of Justice.(7) An individual who is a member of a resource family approved pursuant to subparagraph (B) or (C) of paragraph (4) shall be fingerprinted pursuant to Section 8712 of the Family Code upon filing an application for adoption.(8) All foster family licenses and approvals of relatives and nonrelative extended family members shall be forfeited by operation of law on December 31, 2020, except as provided in this paragraph or Section 1524 of the Health and Safety Code:(A) All licensed foster family homes that did not have a child in placement or did not provide county-authorized respite services at any time between January 1, 2017, and December 31, 2017, inclusive, shall forfeit the license by operation of law on January 1, 2018.(B) For foster family home licensees and approved relatives or nonrelative extended family members who have a pending resource family application on December 31, 2020, the foster family home license or relative and nonrelative extended family member approval shall be forfeited by operation of law upon approval as a resource family. If approval is denied, forfeiture by operation of law shall occur on the date of completion of any proceedings required by law to ensure due process.(C) A foster family home license shall be forfeited by operation of law, pursuant to Section 1517.1 of the Health and Safety Code, upon approval as a resource family.(D) Approval as a relative or nonrelative extended family member shall be forfeited by operation of law upon approval as a resource family.(q) On and after January 1, 2017, all licensed foster family agencies shall approve resource families in lieu of certifying foster homes, as set forth in Section 1517 of the Health and Safety Code.(r) The department may establish participation conditions, and select and authorize foster family agencies that voluntarily submit implementation plans and revised plans of operation in accordance with requirements established by the department, to approve resource families in lieu of certifying foster homes.(1) Notwithstanding any other law, a participating foster family agency shall require resource families to meet and maintain the resource family approval standards and requirements set forth in this chapter and in the written directives adopted consistent with the chapter prior to approval and in order to maintain approval.(2) A participating foster family agency shall implement the resource family approval program pursuant to Section 1517 of the Health and Safety Code.(3) This section does not limit the authority of the department to inspect, evaluate, or investigate a complaint or incident, or initiate a disciplinary action against a foster family agency pursuant to Article 5 (commencing with Section 1550) of Chapter 3 of Division 2 of the Health and Safety Code, or to take any action it may deem necessary for the health and safety of children placed with the foster family agency.(4) The department may adjust the foster family agency AFDC-FC rate pursuant to Section 11463 for implementation of this subdivision.(5) This subdivision is inoperative on January 1, 2017.(s) The department or a county is authorized to obtain any arrest or conviction records or reports from any court or law enforcement agency as necessary to the performance of its duties, as provided in this section or subdivision (e) of Section 1522 of the Health and Safety Code.(t) A resource family approved pursuant to this section shall forfeit its approval concurrent with resource family approval by a foster family agency. |
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| 324 | | - | SEC. 5. Section 16519.5 of the Welfare and Institutions Code is amended to read: |
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| 326 | | - | ### SEC. 5. |
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| 328 | | - | 16519.5. (a) The State Department of Social Services, in consultation with county child welfare agencies, foster parent associations, and other interested community parties, shall implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, certifying foster homes by licensed foster family agencies, approving relatives and nonrelative extended family members as foster care providers, and approving guardians and adoptive families.(b) (1) Counties shall be selected to participate on a voluntary basis as early implementation counties for the purpose of participating in the initial development of the approval process. Early implementation counties shall be selected according to criteria developed by the department in consultation with the County Welfare Directors Association of California. In selecting the five early implementation counties, the department shall promote diversity among the participating counties in terms of size and geographic location.(2) Additional counties may participate in the early implementation of the program upon authorization by the department.(3) The State Department of Social Services shall be responsible for all of the following:(A) Selecting early implementation counties, based on criteria established by the department in consultation with the County Welfare Directors Association of California.(B) Establishing timeframes for participating counties to submit an implementation plan, enter into terms and conditions for early implementation participation in the program, train appropriate staff, and accept applications from resource families.(C) Entering into terms and conditions for early implementation participation in the program by counties.(4) Counties participating in the early implementation of the program shall be responsible for all of the following:(A) Submitting an implementation plan.(B) Entering into terms and conditions for early implementation participation in the program.(C) Consulting with the county probation department in the development of the implementation plan.(D) Training appropriate staff.(E) Accepting applications from resource families within the timeframes established by the department.(5) (A) Approved relatives and nonrelative extended family members, licensed foster family homes, or approved adoptive homes that have completed the license or approval process prior to statewide implementation of the program shall not be considered part of the program. The otherwise applicable assessment and oversight processes shall continue to be administered for families and facilities not included in the program.(B) Upon implementation of the program in a county, that county shall not accept new applications for the licensure of foster family homes, the approval of relative and nonrelative extended family members, or the approval of prospective guardians and adoptive homes.(6) The department may waive regulations that pose a barrier to the early implementation and operation of this program. The waiver of a regulation by the department pursuant to this section applies to only those counties or foster family agencies participating in the early implementation of the program and only for the duration of the program.(7) This subdivision is inoperative on January 1, 2017.(c) (1) For purposes of this article, resource family means an individual or family that has successfully met both the home environment assessment standards and the permanency assessment criteria adopted pursuant to subdivision (d) necessary for providing care for a child placed by a public or private child placement agency by court order, or voluntarily placed by a parent or legal guardian. A resource family shall demonstrate all of the following:(A) An understanding of the safety, permanence, and well-being needs of children who have been victims of child abuse and neglect, and the capacity and willingness to meet those needs, including the need for protection, and the willingness to make use of support resources offered by the agency, or a support structure in place, or both.(B) An understanding of childrens needs and development, effective parenting skills or knowledge about parenting, and the capacity to act as a reasonable, prudent parent in day-to-day decisionmaking.(C) An understanding of the role of the individual or family as a resource family and the capacity to work cooperatively with the agency agency, birth family, as appropriate, other resource families, and other service providers in implementing the childs caseplan. plan and supporting transitions in placement settings or permanency.(D) The financial ability within the household to ensure the stability and financial security of the family. This requirement may be waived for relative and nonrelative extended family member resource families on a case-by-case basis. For purposes of this subparagraph, there is no minimum income requirement and an applicant who will rely on the funding described in subdivision (l) to meet additional household expenses incurred due to the placement of a child shall not, for this reason, be denied approval as a resource family.(E) (i)An ability and willingness to provide a family setting that promotes normal childhood experiences that serves the needs of the child.(F) An ability and willingness to meet the needs of the child regardless of the childs sexual orientation, gender identity, or gender expression, and that, should difficulties around these issues arise, a willingness to obtain resources offered by the county or foster family agency or other available resources to meet those needs.(2) For purposes of this article, and unless otherwise specified, references to a child include a nonminor dependent and nonminor former dependent or ward, as defined in subdivision (v) and paragraph (1) of subdivision (aa) of Section 11400.(3) There is no fundamental right to approval as a resource family. Emergency placement of a child pursuant to Section 309, 319, 361.45, or 727.05, or with a resource family applicant pursuant to subdivision (e), does not entitle an applicant to approval as a resource family.(4) (A) A resource family shall be considered eligible to provide foster care for children in out-of-home placement and approved for adoption and guardianship.(B) (i) Notwithstanding subparagraph (A), a county may approve a resource family to care for a specific child, as specified in the written directives or regulations adopted pursuant to this section. Child-specific approval shall be considered if the applicant is a relative or nonrelative extended family member who has an established and significant relationship with a child or a child is already placed in the home of the relative or nonrelative extended family member pursuant to subdivision (e) or Section 309, 319, 361.45, or 727.05.(ii) When child-specific approval is granted to a relative who has received a criminal records exemption pursuant to clause (iv) of subparagraph (A) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code, the childs placement shall be funded pursuant to Section 11461.3 and the relative shall not be eligible for federal financial participation while the child is placed with them.(iii) In the case of an Indian child for whom the childs tribe is not exercising its right to approve a home, the county shall apply the prevailing social and cultural standards of the Indian community to resource family approval for that child, as required by subdivision (f) of Section 361.31 and the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.). The department shall engage in the tribal consultation process and develop regulations to implement this clause. 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 this clause through all-county letters or other similar instruction, and provide guidance to counties regarding consistent implementation of this clause.(5) For purposes of this article, resource family approval means that the applicant or resource family successfully meets the home environment assessment and permanency assessment standards. This approval is in lieu of a foster family home license issued pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, a certificate of approval issued by a licensed foster family agency, as described in subdivision (b) of Section 1506 of the Health and Safety Code, relative or nonrelative extended family member approval, guardianship approval, and the adoption home study approval.(6) Approval of a resource family does not guarantee an initial, continued, or adoptive placement of a child with a resource family or with a relative or nonrelative extended family member. Approval of a resource family does not guarantee the establishment of a legal guardianship of a child with a resource family.(7) (A) Notwithstanding paragraphs (1) to (6), inclusive, the county shall, consistent with Sections 1520.3 and 1558.1 of the Health and Safety Code, cease any further review of an application if the applicant has had a previous application denial by the department or a county within the preceding year, or if the applicant has had a previous rescission, revocation, or exemption denial or exemption rescission by the department or a county within the preceding two years.(B) Notwithstanding subparagraph (A), the county may continue to review an application if it has determined that the reasons for the previous denial, rescission, or revocation were due to circumstances and conditions that either have been corrected or are no longer in existence. If an individual was excluded from a resource family home or facility licensed by the department, the county shall cease review of the individuals application unless the excluded individual has been reinstated pursuant to subdivision (g) of Section 16519.6 of this code or pursuant to Section 1569.53, subdivision (h) of Section 1558, subdivision (h) of Section 1569.58, or subdivision (h) of Section 1596.8897, of the Health and Safety Code.(C) (i) The county may cease any further review of an application if, after written notice to the applicant, the applicant fails to complete an application without good faith effort and within 30 days of the date of the notice, as specified in the written directives or regulations adopted pursuant to this section.(ii) Clause (i) does not apply if a child is placed with the applicant pursuant to Section 309, 361.45, 727.05, or paragraph (1) of subdivision (e) of Section 16519.5.(D) The cessation of an application review pursuant to this paragraph does not constitute a denial of the application for purposes of this section or any other law.(E) For purposes of this section, the date of a previous denial, rescission, revocation, exemption denial or exemption rescission, or exclusion shall be either of the following:(i) The effective date of a final decision or order upholding a notice of action or exclusion order.(ii) The date on the notice of the decision to deny, rescind, revoke, or exclude if the notice was not appealed or otherwise constitutes a final decision.(8) A resource family shall meet the approval standards set forth in this section, and, as applicable, Chapter 6.3 (commencing with Section 18360) of Part 6, to maintain approval. A resource family shall comply with the written directives or regulations adopted pursuant to this section and applicable laws in order to maintain approval.(9) A resource family may be approved by a county child welfare department or a probation department pursuant to this section or by a foster family agency pursuant to Section 1517 of the Health and Safety Code.(10) A resource family shall not be licensed to operate a residential facility, as defined in Section 1502 of the Health and Safety Code, a residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, or a residential care facility for persons with chronic life-threatening illnesses, as defined in Section 1568.01 of the Health and Safety Code, on the same premises used as the residence of the resource family.(11) (A) An applicant who withdraws an application prior to its approval or denial may resubmit the application within 12 months of the withdrawal.(B) This paragraph does not preclude a county from requiring an applicant to complete an application activity, even if that activity was previously completed.(d) (1) The department shall adopt standards pertaining to the home environment and permanency assessments of a resource family.(2) Resource family home environment assessment standards shall include, but not be limited to, all of the following:(A) (i) (I) A criminal record clearance of each applicant and all adults residing in, or regularly present in, the home, and not exempted from fingerprinting, as set forth in subdivision (b) of Section 1522 of the Health and Safety Code, pursuant to Section 8712 of the Family Code, utilizing a check of the Child Abuse Central Index pursuant to Section 1522.1 of the Health and Safety Code, and receipt of a fingerprint-based state and federal criminal offender record information search response. The criminal history information shall include subsequent notifications pursuant to Section 11105.2 of the Penal Code.(II) Consideration of any substantiated allegations of child abuse or neglect against the applicant and any other adult residing in, or regularly present in, the home pursuant to Section 1522.1 of the Health and Safety Code.(III) If the criminal records check indicates that the person has been convicted of an offense described in subparagraph (A) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code, home approval shall be denied unless the person has received a criminal records exemption pursuant to clause (iv) of subparagraph (A) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code. If the criminal records check indicates that the person has been convicted of an offense described in subparagraph (B) or (D) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code, the home shall not be approved unless a criminal record exemption has been granted pursuant to subclause (IV).(IV) If the resource family parent, applicant, or any other person specified in subclause (I) has been convicted of a crime other than an infraction or arrested for an offense specified in subdivision (e) of Section 1522 of the Health and Safety Code, except for the civil penalty language, the criminal background check provisions specified in subdivisions (d) through (f) of Section 1522 of the Health and Safety Code shall apply. Exemptions from the criminal records clearance requirements set forth in this section may be granted by the department or the county, if that county has been granted permission by the department to issue criminal record 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.(V) If it is determined, on the basis of the fingerprint images and related information submitted to the Department of Justice, that subsequent to obtaining a criminal record clearance or exemption from disqualification, the person has been convicted of, or is awaiting trial for, a sex offense against a minor, or has been convicted for an offense specified in Section 243.4, 273a, 273ab, 273d, 273g, or 368 of the Penal Code, or a felony, the department or county shall notify the resource family to act immediately to remove or bar the person from entering the resource familys home. The department or county, as applicable, may subsequently grant an exemption from disqualification pursuant to subdivision (g) of Section 1522 of the Health and Safety Code. If the conviction or arrest was for another crime, the resource family shall, upon notification by the department or county, act immediately to either remove or bar the person from entering the resource familys home, or require the person to seek an exemption from disqualification pursuant to subdivision (g) of Section 1522 of the Health and Safety Code. The department or county, as applicable, shall determine if the person shall be allowed to remain in the home until a decision on the exemption from disqualification is rendered.(ii) For public foster family agencies approving resource families, the criminal records clearance process set forth in clause (i) shall be utilized.(iii) For private foster family agencies approving resource families, the criminal records clearance process set forth in clause (i) shall be utilized, but the Department of Justice shall disseminate a fitness determination resulting from the federal criminal offender record information search.(B) A home and grounds evaluation to ensure the health and safety of children.(C) In addition to the foregoing requirements, the resource family home environment assessment standards shall require the following:(i) That the applicant demonstrates an understanding of the rights of children in care and the applicants responsibility to safeguard those rights.(ii) That the total number of children residing in the home of a resource family shall be no more than the total number of children the resource family can properly care for, regardless of status, and shall not exceed six children, unless exceptional circumstances that are documented in the foster childs case file exist to permit a resource family to care for more children, including, but not limited to, the need to place siblings together, consistent with Section 16002.(iii) That the applicant understands the applicants responsibilities with respect to acting as a reasonable and prudent parent, and maintaining the least restrictive environment that serves the needs of the child.(3) The resource family permanency assessment standards shall include, but not be limited to, all of the following:(A) Caregiver training, as described in subdivisions (g) and (h).(B) A family evaluation, which shall include, but not be limited to, interviews of an applicant to assess the applicants personal history, family dynamic, and need for support or resources, and a risk assessment.(i) When the applicant is a relative or nonrelative extended family member to an identified child, the family evaluation shall consider the nature of the relationship between the relative or nonrelative extended family member and the child. The relative or nonrelative extended family members expressed desire to only care for a specific child or children shall not be a reason to deny the approval.(ii) A caregiver risk assessment shall include, but not be limited to, physical and mental health, alcohol and other substance use and abuse, family and domestic violence, and the factors listed in paragraph (1) of subdivision (c).(iii) A county may review and discuss data contained in the statewide child welfare database with an applicant for purposes of conducting a family evaluation, as specified in the written directives or regulations adopted pursuant to this section.(C) Completion of any other activities that relate to the ability of an applicant or a resource family to achieve permanency with a child.(4) (A) For a child placed on an emergency basis pursuant to Section 309, 361.45, or 727.05, the home environment assessment, the permanency assessment, and the written report shall be completed within 120 days of the placement, unless good cause exists based upon the needs of the child.(B) If additional time is needed to complete the home environment assessment or the permanency assessment, the county shall document the extenuating circumstances for the delay and generate a timeframe for the completion of those assessments.(C) The county shall report to the department, on a quarterly basis, the number of families with emergency placements whose home environment assessment or permanency assessment goes beyond 120 days and summarize the reasons for these delays.(e) (1) A county may place a child with a resource family applicant who has successfully completed the home environment assessment prior to completion of a permanency assessment only if a compelling reason for the placement exists based on the needs of the child.(A) The permanency assessment and the written report described in paragraph (5) of subdivision (g) shall be completed within 120 days of the childs placement in the home, unless good cause exists.(B) If additional time is needed to comply with subparagraph (A), the county shall document the extenuating circumstances for the delay and generate a timeframe for the completion of the permanency assessment.(C) The county shall report to the department, on a quarterly basis, the number of applicants for whom the requirements of subparagraph (A) exceed 120 days and summarize the reasons for these delays.(2) The home environment and permanency assessments, and the written report described in paragraph (5) of subdivision (g), shall be completed within 120 days of a childs placement with a relative or nonrelative extended family member pursuant to Section 309, 361.45, or 727.05, unless good cause exists.(3) For any placement made pursuant to this subdivision, AFDC-FC funding shall not be available until approval of the resource family has been completed.(4) A child placed pursuant to this subdivision shall be afforded all the rights set forth in Section 16001.9.(5) This section does not limit the countys authority to inspect the home of a resource family applicant as often as necessary to ensure the quality of care provided.(6) This subdivision does not limit the countys obligation under law to assess and give placement consideration to relatives and nonrelative extended family members and to place a child pursuant to Section 309, 361.3, 361.45, 706.6, or 727.1.(f) The State Department of Social Services shall be responsible for all of the following:(1) (A) Until regulations are adopted, administering the program through the issuance of written directives that shall have the same force and effect as regulations. Any directive affecting Article 1 (commencing with Section 700) of Chapter 7 of Division 1 of Title 11 of the California Code of Regulations shall be approved by the Department of Justice. The directives shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).(B) Adopting, amending, or repealing, in accordance with Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code, any reasonable rules, regulations, and standards that may be necessary or proper to carry out the purposes and intent of this article and to enable the department to exercise the powers and perform the duties conferred upon it by this section, consistent with the laws of this state.(2) Approving and requiring the use of a single standard for resource family approval.(3) Adopting and requiring the use of standardized documentation for the home environment and permanency assessments of resource families. The department shall permit counties to maintain documentation relating to the resource family approval process in an electronic format.(4) Adopting core competencies for county staff to participate in the assessment and evaluation of an applicant or resource family.(5) Requiring counties to monitor county-approved resource families, including, but not limited to, both of the following:(A) Investigating complaints regarding resource families.(B) Developing and monitoring resource family corrective action plans to correct identified deficiencies and to rescind resource family approval if compliance with corrective action plans is not achieved.(6) Ongoing oversight and monitoring of county systems and operations including all of the following:(A) Reviewing the countys implementation plan and implementation of the program.(B) Reviewing an adequate number of county-approved resource families in each county to ensure that approval standards are being properly applied.(i) The review shall include case file documentation and may include onsite inspection of individual resource families.(ii) The review shall occur on a biennial basis and more frequently if the department becomes aware that a county is experiencing a disproportionate number of complaints against individual resource family homes.(C) Reviewing county reports of serious complaints and incidents involving resource families, as determined necessary by the department. The department may conduct an independent review of the complaint or incident and change the findings depending on the results of its investigation.(D) Investigating unresolved complaints against counties.(E) Requiring corrective action of counties that are not in full compliance with this section.(7) Excluding a resource family parent, applicant, or other individual from presence in any resource family home, consistent with the established standard for any of the reasons specified in Section 16519.61.(8) Implementing due process procedures, including, but not limited to, all of the following:(A) Providing a statewide fair hearing process for application denials, rescissions of approval, exclusion actions, or criminal record exemption denials or rescissions by a county or the department.(B) Providing an excluded individual with due process pursuant to Section 16519.6.(C) Amending the departments applicable state hearing procedures and regulations or using the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), when applicable, as necessary for the administration of the program.(g) Counties shall be responsible for all of the following:(1) Submitting an implementation plan and consulting with the county probation department in the development of the implementation plan.(2) Complying with the written directives or regulations adopted pursuant to this section.(3) Implementing the requirements for resource family approval and utilizing standardized documentation established by the department. A county may maintain documentation relating to the resource family approval process in an electronic format.(4) Training appropriate staff, including ensuring staff have the education and experience or core competencies necessary to participate in the assessment and evaluation of an applicant or resource family.(5) (A) Taking the following actions, as applicable, for any of the reasons specified in Section 16519.61:(i) (I) Approving or denying resource family applications, including preparing a written report that evaluates an applicants capacity to foster, adopt, and provide legal guardianship of a child based on all of the information gathered through the resource family application and assessment processes.(II) The applicants preference to provide a specific level of permanency, including adoption, guardianship, or, in the case of a relative, placement with a fit and willing relative, shall not be a basis to deny an application.(ii) Rescinding approvals of resource families.(iii) When applicable, referring a case to the department for an action to exclude a resource family parent, applicant, or other individual from presence in any resource family home, consistent with the established standard.(iv) Issuing a temporary suspension order that suspends the resource family approval prior to a hearing when, in the opinion of the county, urgent action is needed to protect a child from physical or mental abuse, abandonment, or any other substantial threat to health or safety. The county shall serve the resource family with the temporary suspension order and a copy of available discovery in the possession of the county, including, but not limited to, affidavits, declarations, names of witnesses, and other evidence upon which the county relied in issuing the temporary suspension order. The temporary suspension order shall be served upon the resource family with a notice of action, and if the matter is to be heard before the Office of Administrative Hearings, an accusation. The temporary suspension order shall list the effective date on the order.(v) Granting, denying, or rescinding criminal record exemptions.(B) Providing a resource family parent, applicant, or individual who is the subject of a criminal record exemption denial or rescission with due process pursuant to Section 16519.6.(C) Notifying the department of any decisions denying an application for resource family approval, rescinding the approval of a resource family, or denying or rescinding a criminal record exemption and, if applicable, notifying the department of the results of an administrative action.(6) (A) Updating resource family approval biennially and as necessary to address any changes that have occurred in the resource familys circumstances, including, but not limited to, moving to a new home location or commencing operation of a family daycare home, as defined in Section 1596.78 of the Health and Safety Code.(B) A county shall conduct an announced inspection of a resource family home during the biennial update, and as necessary to address any changes specified in subparagraph (A), in order to ensure that the resource family is conforming to all applicable laws and the written directives or regulations adopted pursuant to this section.(7) Monitoring resource families through all of the following:(A) Ensuring that social workers who identify a condition in the home that may not meet the approval standards set forth in subdivision (d) while in the course of a routine visit to children placed with a resource family take appropriate action as needed.(B) Requiring resource families to meet the approval standards set forth in this section and to comply with the written directives or regulations adopted pursuant to this section, other applicable laws, and corrective action plans as necessary to correct identified deficiencies. If corrective action is not completed, as specified in the plan, the county may rescind the resource family approval.(C) Requiring resource families to report any incidents consistent with the reporting requirements pursuant to the written directives or regulations adopted pursuant to this section.(D) Inspecting resource family homes as often as necessary to ensure the quality of care provided.(8) (A) Investigating all complaints against a resource family and taking action as necessary, including, but not limited to, investigating any incidents reported about a resource family indicating that the approval standard is not being maintained and inspecting the resource family home.(B) The childs social worker shall not conduct the investigation into the complaint received concerning a family providing services pursuant to the standards required by subdivision (d). To the extent that adequate resources are available, complaints shall be investigated by a worker who did not conduct the home environment assessment or family evaluation or prepare the written report determining approval of the resource family.(C) Upon conclusion of the complaint investigation, the final disposition shall be reviewed and approved by a supervising staff member.(D) The department shall be notified of any serious incidents or serious complaints or any incident that falls within the definition of Section 11165.5 of the Penal Code. If those incidents or complaints result in an investigation, the department shall also be notified as to the status and disposition of that investigation.(9) Performing corrective action as required by the department.(10) Assessing county performance in related areas of the California Child and Family Services Review System, and remedying problems identified.(11) Submitting information and data that the department determines is necessary to study, monitor, and prepare the update specified in paragraph (7) of subdivision (f).(12) Ensuring resource family applicants and resource families have the necessary knowledge, skills, and abilities to support children of all races, ethnic group identifications, ancestries, national origins, colors, religions, sexes, sexual orientations, gender identities, mental or physical disabilities, or HIV statuses in foster care by completing caregiver training. The training should include a curriculum that supports the role of a resource family in parenting vulnerable children and should be ongoing in order to provide resource families with information on trauma-informed practices and requirements and other topics within the foster care system.(13) Ensuring that a resource family applicant completes a minimum of 12 hours of preapproval caregiver training. The training shall include, but not be limited to, all of the following courses:(A) An overview of the child protective and probation systems.(B) The effects of trauma, including grief and loss, and child abuse and neglect, on child development and behavior, and methods to behaviorally support children impacted by that trauma or child abuse and neglect.(C) Positive discipline and the importance of self-esteem.(D) Health issues in foster care.(E) Accessing services and supports to address education needs, physical, mental, and behavioral health, and substance use disorders, including culturally relevant services.(F) The rights of a child in foster care and the resource familys responsibility to safeguard those rights, including the right to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.(G) Cultural needs of children, including instruction on cultural competency and sensitivity, and related best practices for providing adequate care for children or youth across diverse ethnic and racial backgrounds, as well as children or youth identifying as lesbian, gay, bisexual, or transgender.(H) Basic instruction on existing laws and procedures regarding the safety of foster youth at school.(I) Permanence, well-being, and education needs of children.(J) Child and adolescent development, including sexual orientation, gender identity, and expression.(K) The role of resource families, including working cooperatively with the child welfare or probation agency, the childs family, other resource families, and other service providers implementing the case plan. plan, to support case plan goals and objectives, including placement transition planning to reduce trauma during transitions to reunification or other placement settings.(L) The role of a resource family on the child and family team as defined in paragraph (4) of subdivision (a) of Section 16501.(M) A resource familys responsibility to act as a reasonable and prudent parent, as described in subdivision (c) of Section 1522.44 of the Health and Safety Code, and to provide a family setting that promotes normal childhood experiences and that serves the needs of the child.(N) An overview of the specialized training identified in subdivision (h).(O) The information described in subdivision (i) of Section 16521.5. The program may use the curriculum created pursuant to subdivision (h), and described in subdivision (i), of Section 16521.5.(P) Information on providing care and supervision to children who have been commercially sexually exploited or who have been victims of child labor trafficking. For purposes of this subparagraph, information may include, but not be limited to, informational pamphlets addressing the identification of victims of commercial sexual exploitation and child labor trafficking and the provision of existing resources, including crisis hotline numbers, survivor and caregiver supports, and contact information for law enforcement entities.(14) Ensuring resource families complete a minimum of eight hours of caregiver training annually, a portion of which shall be from subparagraph (M) of paragraph (13) and from one or more of the other topics listed in paragraph (13).(15) (A) (i) Ensuring that resource families complete cardiopulmonary resuscitation (CPR) training and first aid training, or demonstrate equivalent certification, no later than 90 days following resource family approval.(ii) A resource family parent who has a certificate of completion for Basic Life Support (BLS) for health care professionals, or Pediatric Advanced Life Support (PALS), or a higher standard of training that certifies CPR, and for whom the certification is currently active, is exempt from completing the resource family approval CPR training requirement as described in clause (i), upon demonstrating proof of certification of completion and until the date the certification expires.(iii) A resource family parent who has active and unrestricted licensure as a health care professional, issued by the Department of Consumer Affairs or the Emergency Medical Services Authority, is exempt from completing the resource family approval first aid training requirement as described in clause (i), upon demonstrating proof of active and unrestricted licensure and until the date the licensure expires.(B) (i) Ensuring that resource families, prior to expiration of the CPR and first aid certificates, obtain training to remain certified in CPR and first aid, or demonstrate equivalent certification, and submit copies of the certificates verifying completion of the training.(ii) Clause (i) does not apply to first aid training for a resource family parent who is exempt from the first aid training requirement pursuant to clause (iii) of subparagraph (A).(16) (A) Ensuring that resource families that care for children who are 10 years of age or older attend, within 12 months of approval as a resource family, a training on understanding how to use best practices for providing care and supervision to children who have been commercially sexually exploited or who have been victims of child labor trafficking. This training shall be survivor informed, culturally relevant and appropriate, and address issues relating to stigma. The training required by this subparagraph shall address all of the following topics:(i) Recognizing indicators of commercial sexual exploitation and child labor trafficking.(ii) Harm reduction.(iii) Trauma-informed care.(iv) Available county and state resources.(v) Perspectives of individuals or families who have experiences with commercial sexual exploitation and child labor trafficking.(B) The information provided in subparagraph (P) of paragraph (13) shall also be provided during the training described in this paragraph.(C) After completing the training required by subparagraph (A), a resource family shall not be required to attend training relating to children who have been commercially sexually exploited or who have been victims of child labor trafficking, except as required pursuant to subdivision (h).(D) This section does not prevent an entity from providing the training specified in this paragraph in person, virtually, by recorded means, or by any other available means.(h) In addition to any training required by this section, a county may require a resource family or applicant to receive relevant specialized training for the purpose of preparing the resource family to meet the needs of a particular child in care. This training may include, but is not limited to, the following:(1) Understanding how to use best practices for providing care and supervision to commercially sexually exploited children and children who have been victims of child labor trafficking.(2) Understanding how to use best practices for providing care and supervision to lesbian, gay, bisexual, and transgender children.(3) Understanding the requirements and best practices regarding psychotropic medications, including, but not limited to, court authorization, benefits, uses, side effects, interactions, assistance with self-administration, misuse, documentation, storage, and metabolic monitoring of children prescribed psychotropic medications.(4) Understanding the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), its historical significance, the rights of children covered by the act, and the best interests of Indian children, including the role of the caregiver in supporting culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership, and connection to the tribal community and traditions.(5) Understanding how to use best practices for providing care and supervision to nonminor dependents.(6) Understanding how to use best practices for providing care and supervision to children with special health care needs.(7) Understanding the different permanency options and the services and benefits associated with the options.(i) This section does not preclude a county from requiring training in excess of the requirements in this section.(j) (1) Resource families who move home locations shall retain their resource family status pending the outcome of the update conducted pursuant to paragraph (6) of subdivision (g).(2) (A) If a resource family moves from one county to another county, the department, or the county to which a resource family has moved, shall submit a written request to the Department of Justice to transfer the individuals subsequent arrest notification, as specified in subdivision (h) of Section 1522 of the Health and Safety Code.(B) A request to transfer a subsequent arrest notification shall contain all prescribed data elements and format protocols pursuant to a written agreement between the department and the Department of Justice.(3) Subject to the requirements in paragraph (1), the resource family shall continue to be approved for guardianship and adoption. This subdivision shall not limit a county, foster family agency, or adoption agency from determining that the family is not approved for guardianship or adoption based on changes in the familys circumstances or family evaluation.(k) Implementation of the program shall be contingent upon the continued availability of federal Social Security Act Title IV-E (42 U.S.C. Sec. 670) funds for costs associated with placement of children with resource families assessed and approved pursuant to the program.(l) A child placed with a resource family is eligible for the resource family basic rate, pursuant to Sections 11460, 11461, 11461.3, and 11463, at the childs assessed level of care.(m) Sharing ratios for nonfederal expenditures for all costs associated with activities related to the approval of relatives and nonrelative extended family members shall be in accordance with Section 10101.(n) The Department of Justice shall charge fees sufficient to cover the cost of initial or subsequent criminal offender record information and Child Abuse Central Index searches, processing, or responses, as specified in this section.(o) Except as provided, resource families shall be exempt from both of the following:(1) Licensure requirements established pursuant to the California Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code) and all regulations promulgated to implement the act.(2) Relative and nonrelative extended family member approval requirements as those approval requirements existed prior to January 1, 2017.(p) (1) Early implementation counties shall be authorized to continue through December 31, 2016. The program shall be implemented by each county on or before January 1, 2017.(2) (A) (i) On and after January 1, 2017, a county to which the department has delegated its licensing authority pursuant to Section 1511 of the Health and Safety Code shall approve resource families in lieu of licensing foster family homes.(ii) Notwithstanding clause (i), the existing licensure and oversight processes shall continue to be administered for foster family homes licensed prior to January 1, 2017, or as specified in subparagraph (C), until the license is revoked or forfeited by operation of law pursuant to Section 1517.1 of the Health and Safety Code.(B) (i) On and after January 1, 2017, a county shall approve resource families in lieu of approving relative and nonrelative extended family members.(ii) Notwithstanding clause (i), the existing approval and oversight processes shall continue to be administered for relatives and nonrelative extended family members approved prior to January 1, 2017, or as specified in subparagraph (C), until the approval is revoked or forfeited by operation of law pursuant to this section.(C) Notwithstanding subparagraph (D), a county shall approve or deny all applications for foster family home licenses and requests for relative or nonrelative extended family member approvals received on or before December 31, 2016, in accordance with Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code or provisions providing for the approval of relatives or nonrelative extended family members, as applicable.(D) On and after January 1, 2017, a county shall not accept applications for foster family home licenses or requests to approve relatives or nonrelative extended family members.(3) No later than July 1, 2019, each county shall provide the following information to all licensed foster family homes and approved relatives and nonrelative extended family members licensed or approved by the county:(A) A detailed description of the resource family approval program.(B) Notification that, in order to care for a foster child, resource family approval is required by December 31, 2020.(C) Notification that a foster family home license and an approval of a relative or nonrelative extended family member shall be forfeited by operation of law, as specified in paragraph (8).(4) The following applies to all licensed foster family homes and approved relative and nonrelative extended family members:(A) A licensed foster family home or an approved relative or nonrelative extended family member with an approved adoptive home study completed prior to January 1, 2018, shall be deemed to be a resource family.(B) A licensed foster family home or an approved relative or nonrelative extended family member who had a child in placement at any time between January 1, 2017, and December 31, 2017, inclusive, may be approved as a resource family on the date of successful completion of a family evaluation.(C) A licensed foster family home that provided county-authorized respite services at any time between January 1, 2017, and December 31, 2017, inclusive, may be approved as a resource family on the date of successful completion of a family evaluation.(5) A county may provide supportive services to all licensed foster family homes, relatives, and nonrelative extended family members with a child in placement to assist with the resource family transition and to minimize placement disruptions.(6) (A) In order to approve a licensed foster family home or approved relative or nonrelative extended family member as a resource family pursuant to paragraph (4), a county shall submit a written request to the Department of Justice to transfer any subsequent arrest and Child Abuse Central Index notifications, as specified in subdivision (h) of Section 1522 of the Health and Safety Code.(B) A request to transfer a subsequent arrest notification shall contain all prescribed data elements and format protocols pursuant to a written agreement between the department and the Department of Justice.(7) An individual who is a member of a resource family approved pursuant to subparagraph (B) or (C) of paragraph (4) shall be fingerprinted pursuant to Section 8712 of the Family Code upon filing an application for adoption.(8) All foster family licenses and approvals of relatives and nonrelative extended family members shall be forfeited by operation of law on December 31, 2020, except as provided in this paragraph or Section 1524 of the Health and Safety Code:(A) All licensed foster family homes that did not have a child in placement or did not provide county-authorized respite services at any time between January 1, 2017, and December 31, 2017, inclusive, shall forfeit the license by operation of law on January 1, 2018.(B) For foster family home licensees and approved relatives or nonrelative extended family members who have a pending resource family application on December 31, 2020, the foster family home license or relative and nonrelative extended family member approval shall be forfeited by operation of law upon approval as a resource family. If approval is denied, forfeiture by operation of law shall occur on the date of completion of any proceedings required by law to ensure due process.(C) A foster family home license shall be forfeited by operation of law, pursuant to Section 1517.1 of the Health and Safety Code, upon approval as a resource family.(D) Approval as a relative or nonrelative extended family member shall be forfeited by operation of law upon approval as a resource family.(q) On and after January 1, 2017, all licensed foster family agencies shall approve resource families in lieu of certifying foster homes, as set forth in Section 1517 of the Health and Safety Code.(r) The department may establish participation conditions, and select and authorize foster family agencies that voluntarily submit implementation plans and revised plans of operation in accordance with requirements established by the department, to approve resource families in lieu of certifying foster homes.(1) Notwithstanding any other law, a participating foster family agency shall require resource families to meet and maintain the resource family approval standards and requirements set forth in this chapter and in the written directives adopted consistent with the chapter prior to approval and in order to maintain approval.(2) A participating foster family agency shall implement the resource family approval program pursuant to Section 1517 of the Health and Safety Code.(3) This section does not limit the authority of the department to inspect, evaluate, or investigate a complaint or incident, or initiate a disciplinary action against a foster family agency pursuant to Article 5 (commencing with Section 1550) of Chapter 3 of Division 2 of the Health and Safety Code, or to take any action it may deem necessary for the health and safety of children placed with the foster family agency.(4) The department may adjust the foster family agency AFDC-FC rate pursuant to Section 11463 for implementation of this subdivision.(5) This subdivision is inoperative on January 1, 2017.(s) The department or a county is authorized to obtain any arrest or conviction records or reports from any court or law enforcement agency as necessary to the performance of its duties, as provided in this section or subdivision (e) of Section 1522 of the Health and Safety Code.(t) A resource family approved pursuant to this section shall forfeit its approval concurrent with resource family approval by a foster family agency. |
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| 330 | | - | 16519.5. (a) The State Department of Social Services, in consultation with county child welfare agencies, foster parent associations, and other interested community parties, shall implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, certifying foster homes by licensed foster family agencies, approving relatives and nonrelative extended family members as foster care providers, and approving guardians and adoptive families.(b) (1) Counties shall be selected to participate on a voluntary basis as early implementation counties for the purpose of participating in the initial development of the approval process. Early implementation counties shall be selected according to criteria developed by the department in consultation with the County Welfare Directors Association of California. In selecting the five early implementation counties, the department shall promote diversity among the participating counties in terms of size and geographic location.(2) Additional counties may participate in the early implementation of the program upon authorization by the department.(3) The State Department of Social Services shall be responsible for all of the following:(A) Selecting early implementation counties, based on criteria established by the department in consultation with the County Welfare Directors Association of California.(B) Establishing timeframes for participating counties to submit an implementation plan, enter into terms and conditions for early implementation participation in the program, train appropriate staff, and accept applications from resource families.(C) Entering into terms and conditions for early implementation participation in the program by counties.(4) Counties participating in the early implementation of the program shall be responsible for all of the following:(A) Submitting an implementation plan.(B) Entering into terms and conditions for early implementation participation in the program.(C) Consulting with the county probation department in the development of the implementation plan.(D) Training appropriate staff.(E) Accepting applications from resource families within the timeframes established by the department.(5) (A) Approved relatives and nonrelative extended family members, licensed foster family homes, or approved adoptive homes that have completed the license or approval process prior to statewide implementation of the program shall not be considered part of the program. The otherwise applicable assessment and oversight processes shall continue to be administered for families and facilities not included in the program.(B) Upon implementation of the program in a county, that county shall not accept new applications for the licensure of foster family homes, the approval of relative and nonrelative extended family members, or the approval of prospective guardians and adoptive homes.(6) The department may waive regulations that pose a barrier to the early implementation and operation of this program. The waiver of a regulation by the department pursuant to this section applies to only those counties or foster family agencies participating in the early implementation of the program and only for the duration of the program.(7) This subdivision is inoperative on January 1, 2017.(c) (1) For purposes of this article, resource family means an individual or family that has successfully met both the home environment assessment standards and the permanency assessment criteria adopted pursuant to subdivision (d) necessary for providing care for a child placed by a public or private child placement agency by court order, or voluntarily placed by a parent or legal guardian. A resource family shall demonstrate all of the following:(A) An understanding of the safety, permanence, and well-being needs of children who have been victims of child abuse and neglect, and the capacity and willingness to meet those needs, including the need for protection, and the willingness to make use of support resources offered by the agency, or a support structure in place, or both.(B) An understanding of childrens needs and development, effective parenting skills or knowledge about parenting, and the capacity to act as a reasonable, prudent parent in day-to-day decisionmaking.(C) An understanding of the role of the individual or family as a resource family and the capacity to work cooperatively with the agency agency, birth family, as appropriate, other resource families, and other service providers in implementing the childs caseplan. plan and supporting transitions in placement settings or permanency.(D) The financial ability within the household to ensure the stability and financial security of the family. This requirement may be waived for relative and nonrelative extended family member resource families on a case-by-case basis. For purposes of this subparagraph, there is no minimum income requirement and an applicant who will rely on the funding described in subdivision (l) to meet additional household expenses incurred due to the placement of a child shall not, for this reason, be denied approval as a resource family.(E) (i)An ability and willingness to provide a family setting that promotes normal childhood experiences that serves the needs of the child.(F) An ability and willingness to meet the needs of the child regardless of the childs sexual orientation, gender identity, or gender expression, and that, should difficulties around these issues arise, a willingness to obtain resources offered by the county or foster family agency or other available resources to meet those needs.(2) For purposes of this article, and unless otherwise specified, references to a child include a nonminor dependent and nonminor former dependent or ward, as defined in subdivision (v) and paragraph (1) of subdivision (aa) of Section 11400.(3) There is no fundamental right to approval as a resource family. Emergency placement of a child pursuant to Section 309, 319, 361.45, or 727.05, or with a resource family applicant pursuant to subdivision (e), does not entitle an applicant to approval as a resource family.(4) (A) A resource family shall be considered eligible to provide foster care for children in out-of-home placement and approved for adoption and guardianship.(B) (i) Notwithstanding subparagraph (A), a county may approve a resource family to care for a specific child, as specified in the written directives or regulations adopted pursuant to this section. Child-specific approval shall be considered if the applicant is a relative or nonrelative extended family member who has an established and significant relationship with a child or a child is already placed in the home of the relative or nonrelative extended family member pursuant to subdivision (e) or Section 309, 319, 361.45, or 727.05.(ii) When child-specific approval is granted to a relative who has received a criminal records exemption pursuant to clause (iv) of subparagraph (A) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code, the childs placement shall be funded pursuant to Section 11461.3 and the relative shall not be eligible for federal financial participation while the child is placed with them.(iii) In the case of an Indian child for whom the childs tribe is not exercising its right to approve a home, the county shall apply the prevailing social and cultural standards of the Indian community to resource family approval for that child, as required by subdivision (f) of Section 361.31 and the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.). The department shall engage in the tribal consultation process and develop regulations to implement this clause. 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 this clause through all-county letters or other similar instruction, and provide guidance to counties regarding consistent implementation of this clause.(5) For purposes of this article, resource family approval means that the applicant or resource family successfully meets the home environment assessment and permanency assessment standards. This approval is in lieu of a foster family home license issued pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, a certificate of approval issued by a licensed foster family agency, as described in subdivision (b) of Section 1506 of the Health and Safety Code, relative or nonrelative extended family member approval, guardianship approval, and the adoption home study approval.(6) Approval of a resource family does not guarantee an initial, continued, or adoptive placement of a child with a resource family or with a relative or nonrelative extended family member. Approval of a resource family does not guarantee the establishment of a legal guardianship of a child with a resource family.(7) (A) Notwithstanding paragraphs (1) to (6), inclusive, the county shall, consistent with Sections 1520.3 and 1558.1 of the Health and Safety Code, cease any further review of an application if the applicant has had a previous application denial by the department or a county within the preceding year, or if the applicant has had a previous rescission, revocation, or exemption denial or exemption rescission by the department or a county within the preceding two years.(B) Notwithstanding subparagraph (A), the county may continue to review an application if it has determined that the reasons for the previous denial, rescission, or revocation were due to circumstances and conditions that either have been corrected or are no longer in existence. If an individual was excluded from a resource family home or facility licensed by the department, the county shall cease review of the individuals application unless the excluded individual has been reinstated pursuant to subdivision (g) of Section 16519.6 of this code or pursuant to Section 1569.53, subdivision (h) of Section 1558, subdivision (h) of Section 1569.58, or subdivision (h) of Section 1596.8897, of the Health and Safety Code.(C) (i) The county may cease any further review of an application if, after written notice to the applicant, the applicant fails to complete an application without good faith effort and within 30 days of the date of the notice, as specified in the written directives or regulations adopted pursuant to this section.(ii) Clause (i) does not apply if a child is placed with the applicant pursuant to Section 309, 361.45, 727.05, or paragraph (1) of subdivision (e) of Section 16519.5.(D) The cessation of an application review pursuant to this paragraph does not constitute a denial of the application for purposes of this section or any other law.(E) For purposes of this section, the date of a previous denial, rescission, revocation, exemption denial or exemption rescission, or exclusion shall be either of the following:(i) The effective date of a final decision or order upholding a notice of action or exclusion order.(ii) The date on the notice of the decision to deny, rescind, revoke, or exclude if the notice was not appealed or otherwise constitutes a final decision.(8) A resource family shall meet the approval standards set forth in this section, and, as applicable, Chapter 6.3 (commencing with Section 18360) of Part 6, to maintain approval. A resource family shall comply with the written directives or regulations adopted pursuant to this section and applicable laws in order to maintain approval.(9) A resource family may be approved by a county child welfare department or a probation department pursuant to this section or by a foster family agency pursuant to Section 1517 of the Health and Safety Code.(10) A resource family shall not be licensed to operate a residential facility, as defined in Section 1502 of the Health and Safety Code, a residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, or a residential care facility for persons with chronic life-threatening illnesses, as defined in Section 1568.01 of the Health and Safety Code, on the same premises used as the residence of the resource family.(11) (A) An applicant who withdraws an application prior to its approval or denial may resubmit the application within 12 months of the withdrawal.(B) This paragraph does not preclude a county from requiring an applicant to complete an application activity, even if that activity was previously completed.(d) (1) The department shall adopt standards pertaining to the home environment and permanency assessments of a resource family.(2) Resource family home environment assessment standards shall include, but not be limited to, all of the following:(A) (i) (I) A criminal record clearance of each applicant and all adults residing in, or regularly present in, the home, and not exempted from fingerprinting, as set forth in subdivision (b) of Section 1522 of the Health and Safety Code, pursuant to Section 8712 of the Family Code, utilizing a check of the Child Abuse Central Index pursuant to Section 1522.1 of the Health and Safety Code, and receipt of a fingerprint-based state and federal criminal offender record information search response. The criminal history information shall include subsequent notifications pursuant to Section 11105.2 of the Penal Code.(II) Consideration of any substantiated allegations of child abuse or neglect against the applicant and any other adult residing in, or regularly present in, the home pursuant to Section 1522.1 of the Health and Safety Code.(III) If the criminal records check indicates that the person has been convicted of an offense described in subparagraph (A) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code, home approval shall be denied unless the person has received a criminal records exemption pursuant to clause (iv) of subparagraph (A) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code. If the criminal records check indicates that the person has been convicted of an offense described in subparagraph (B) or (D) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code, the home shall not be approved unless a criminal record exemption has been granted pursuant to subclause (IV).(IV) If the resource family parent, applicant, or any other person specified in subclause (I) has been convicted of a crime other than an infraction or arrested for an offense specified in subdivision (e) of Section 1522 of the Health and Safety Code, except for the civil penalty language, the criminal background check provisions specified in subdivisions (d) through (f) of Section 1522 of the Health and Safety Code shall apply. Exemptions from the criminal records clearance requirements set forth in this section may be granted by the department or the county, if that county has been granted permission by the department to issue criminal record 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.(V) If it is determined, on the basis of the fingerprint images and related information submitted to the Department of Justice, that subsequent to obtaining a criminal record clearance or exemption from disqualification, the person has been convicted of, or is awaiting trial for, a sex offense against a minor, or has been convicted for an offense specified in Section 243.4, 273a, 273ab, 273d, 273g, or 368 of the Penal Code, or a felony, the department or county shall notify the resource family to act immediately to remove or bar the person from entering the resource familys home. The department or county, as applicable, may subsequently grant an exemption from disqualification pursuant to subdivision (g) of Section 1522 of the Health and Safety Code. If the conviction or arrest was for another crime, the resource family shall, upon notification by the department or county, act immediately to either remove or bar the person from entering the resource familys home, or require the person to seek an exemption from disqualification pursuant to subdivision (g) of Section 1522 of the Health and Safety Code. The department or county, as applicable, shall determine if the person shall be allowed to remain in the home until a decision on the exemption from disqualification is rendered.(ii) For public foster family agencies approving resource families, the criminal records clearance process set forth in clause (i) shall be utilized.(iii) For private foster family agencies approving resource families, the criminal records clearance process set forth in clause (i) shall be utilized, but the Department of Justice shall disseminate a fitness determination resulting from the federal criminal offender record information search.(B) A home and grounds evaluation to ensure the health and safety of children.(C) In addition to the foregoing requirements, the resource family home environment assessment standards shall require the following:(i) That the applicant demonstrates an understanding of the rights of children in care and the applicants responsibility to safeguard those rights.(ii) That the total number of children residing in the home of a resource family shall be no more than the total number of children the resource family can properly care for, regardless of status, and shall not exceed six children, unless exceptional circumstances that are documented in the foster childs case file exist to permit a resource family to care for more children, including, but not limited to, the need to place siblings together, consistent with Section 16002.(iii) That the applicant understands the applicants responsibilities with respect to acting as a reasonable and prudent parent, and maintaining the least restrictive environment that serves the needs of the child.(3) The resource family permanency assessment standards shall include, but not be limited to, all of the following:(A) Caregiver training, as described in subdivisions (g) and (h).(B) A family evaluation, which shall include, but not be limited to, interviews of an applicant to assess the applicants personal history, family dynamic, and need for support or resources, and a risk assessment.(i) When the applicant is a relative or nonrelative extended family member to an identified child, the family evaluation shall consider the nature of the relationship between the relative or nonrelative extended family member and the child. The relative or nonrelative extended family members expressed desire to only care for a specific child or children shall not be a reason to deny the approval.(ii) A caregiver risk assessment shall include, but not be limited to, physical and mental health, alcohol and other substance use and abuse, family and domestic violence, and the factors listed in paragraph (1) of subdivision (c).(iii) A county may review and discuss data contained in the statewide child welfare database with an applicant for purposes of conducting a family evaluation, as specified in the written directives or regulations adopted pursuant to this section.(C) Completion of any other activities that relate to the ability of an applicant or a resource family to achieve permanency with a child.(4) (A) For a child placed on an emergency basis pursuant to Section 309, 361.45, or 727.05, the home environment assessment, the permanency assessment, and the written report shall be completed within 120 days of the placement, unless good cause exists based upon the needs of the child.(B) If additional time is needed to complete the home environment assessment or the permanency assessment, the county shall document the extenuating circumstances for the delay and generate a timeframe for the completion of those assessments.(C) The county shall report to the department, on a quarterly basis, the number of families with emergency placements whose home environment assessment or permanency assessment goes beyond 120 days and summarize the reasons for these delays.(e) (1) A county may place a child with a resource family applicant who has successfully completed the home environment assessment prior to completion of a permanency assessment only if a compelling reason for the placement exists based on the needs of the child.(A) The permanency assessment and the written report described in paragraph (5) of subdivision (g) shall be completed within 120 days of the childs placement in the home, unless good cause exists.(B) If additional time is needed to comply with subparagraph (A), the county shall document the extenuating circumstances for the delay and generate a timeframe for the completion of the permanency assessment.(C) The county shall report to the department, on a quarterly basis, the number of applicants for whom the requirements of subparagraph (A) exceed 120 days and summarize the reasons for these delays.(2) The home environment and permanency assessments, and the written report described in paragraph (5) of subdivision (g), shall be completed within 120 days of a childs placement with a relative or nonrelative extended family member pursuant to Section 309, 361.45, or 727.05, unless good cause exists.(3) For any placement made pursuant to this subdivision, AFDC-FC funding shall not be available until approval of the resource family has been completed.(4) A child placed pursuant to this subdivision shall be afforded all the rights set forth in Section 16001.9.(5) This section does not limit the countys authority to inspect the home of a resource family applicant as often as necessary to ensure the quality of care provided.(6) This subdivision does not limit the countys obligation under law to assess and give placement consideration to relatives and nonrelative extended family members and to place a child pursuant to Section 309, 361.3, 361.45, 706.6, or 727.1.(f) The State Department of Social Services shall be responsible for all of the following:(1) (A) Until regulations are adopted, administering the program through the issuance of written directives that shall have the same force and effect as regulations. Any directive affecting Article 1 (commencing with Section 700) of Chapter 7 of Division 1 of Title 11 of the California Code of Regulations shall be approved by the Department of Justice. The directives shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).(B) Adopting, amending, or repealing, in accordance with Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code, any reasonable rules, regulations, and standards that may be necessary or proper to carry out the purposes and intent of this article and to enable the department to exercise the powers and perform the duties conferred upon it by this section, consistent with the laws of this state.(2) Approving and requiring the use of a single standard for resource family approval.(3) Adopting and requiring the use of standardized documentation for the home environment and permanency assessments of resource families. The department shall permit counties to maintain documentation relating to the resource family approval process in an electronic format.(4) Adopting core competencies for county staff to participate in the assessment and evaluation of an applicant or resource family.(5) Requiring counties to monitor county-approved resource families, including, but not limited to, both of the following:(A) Investigating complaints regarding resource families.(B) Developing and monitoring resource family corrective action plans to correct identified deficiencies and to rescind resource family approval if compliance with corrective action plans is not achieved.(6) Ongoing oversight and monitoring of county systems and operations including all of the following:(A) Reviewing the countys implementation plan and implementation of the program.(B) Reviewing an adequate number of county-approved resource families in each county to ensure that approval standards are being properly applied.(i) The review shall include case file documentation and may include onsite inspection of individual resource families.(ii) The review shall occur on a biennial basis and more frequently if the department becomes aware that a county is experiencing a disproportionate number of complaints against individual resource family homes.(C) Reviewing county reports of serious complaints and incidents involving resource families, as determined necessary by the department. The department may conduct an independent review of the complaint or incident and change the findings depending on the results of its investigation.(D) Investigating unresolved complaints against counties.(E) Requiring corrective action of counties that are not in full compliance with this section.(7) Excluding a resource family parent, applicant, or other individual from presence in any resource family home, consistent with the established standard for any of the reasons specified in Section 16519.61.(8) Implementing due process procedures, including, but not limited to, all of the following:(A) Providing a statewide fair hearing process for application denials, rescissions of approval, exclusion actions, or criminal record exemption denials or rescissions by a county or the department.(B) Providing an excluded individual with due process pursuant to Section 16519.6.(C) Amending the departments applicable state hearing procedures and regulations or using the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), when applicable, as necessary for the administration of the program.(g) Counties shall be responsible for all of the following:(1) Submitting an implementation plan and consulting with the county probation department in the development of the implementation plan.(2) Complying with the written directives or regulations adopted pursuant to this section.(3) Implementing the requirements for resource family approval and utilizing standardized documentation established by the department. A county may maintain documentation relating to the resource family approval process in an electronic format.(4) Training appropriate staff, including ensuring staff have the education and experience or core competencies necessary to participate in the assessment and evaluation of an applicant or resource family.(5) (A) Taking the following actions, as applicable, for any of the reasons specified in Section 16519.61:(i) (I) Approving or denying resource family applications, including preparing a written report that evaluates an applicants capacity to foster, adopt, and provide legal guardianship of a child based on all of the information gathered through the resource family application and assessment processes.(II) The applicants preference to provide a specific level of permanency, including adoption, guardianship, or, in the case of a relative, placement with a fit and willing relative, shall not be a basis to deny an application.(ii) Rescinding approvals of resource families.(iii) When applicable, referring a case to the department for an action to exclude a resource family parent, applicant, or other individual from presence in any resource family home, consistent with the established standard.(iv) Issuing a temporary suspension order that suspends the resource family approval prior to a hearing when, in the opinion of the county, urgent action is needed to protect a child from physical or mental abuse, abandonment, or any other substantial threat to health or safety. The county shall serve the resource family with the temporary suspension order and a copy of available discovery in the possession of the county, including, but not limited to, affidavits, declarations, names of witnesses, and other evidence upon which the county relied in issuing the temporary suspension order. The temporary suspension order shall be served upon the resource family with a notice of action, and if the matter is to be heard before the Office of Administrative Hearings, an accusation. The temporary suspension order shall list the effective date on the order.(v) Granting, denying, or rescinding criminal record exemptions.(B) Providing a resource family parent, applicant, or individual who is the subject of a criminal record exemption denial or rescission with due process pursuant to Section 16519.6.(C) Notifying the department of any decisions denying an application for resource family approval, rescinding the approval of a resource family, or denying or rescinding a criminal record exemption and, if applicable, notifying the department of the results of an administrative action.(6) (A) Updating resource family approval biennially and as necessary to address any changes that have occurred in the resource familys circumstances, including, but not limited to, moving to a new home location or commencing operation of a family daycare home, as defined in Section 1596.78 of the Health and Safety Code.(B) A county shall conduct an announced inspection of a resource family home during the biennial update, and as necessary to address any changes specified in subparagraph (A), in order to ensure that the resource family is conforming to all applicable laws and the written directives or regulations adopted pursuant to this section.(7) Monitoring resource families through all of the following:(A) Ensuring that social workers who identify a condition in the home that may not meet the approval standards set forth in subdivision (d) while in the course of a routine visit to children placed with a resource family take appropriate action as needed.(B) Requiring resource families to meet the approval standards set forth in this section and to comply with the written directives or regulations adopted pursuant to this section, other applicable laws, and corrective action plans as necessary to correct identified deficiencies. If corrective action is not completed, as specified in the plan, the county may rescind the resource family approval.(C) Requiring resource families to report any incidents consistent with the reporting requirements pursuant to the written directives or regulations adopted pursuant to this section.(D) Inspecting resource family homes as often as necessary to ensure the quality of care provided.(8) (A) Investigating all complaints against a resource family and taking action as necessary, including, but not limited to, investigating any incidents reported about a resource family indicating that the approval standard is not being maintained and inspecting the resource family home.(B) The childs social worker shall not conduct the investigation into the complaint received concerning a family providing services pursuant to the standards required by subdivision (d). To the extent that adequate resources are available, complaints shall be investigated by a worker who did not conduct the home environment assessment or family evaluation or prepare the written report determining approval of the resource family.(C) Upon conclusion of the complaint investigation, the final disposition shall be reviewed and approved by a supervising staff member.(D) The department shall be notified of any serious incidents or serious complaints or any incident that falls within the definition of Section 11165.5 of the Penal Code. If those incidents or complaints result in an investigation, the department shall also be notified as to the status and disposition of that investigation.(9) Performing corrective action as required by the department.(10) Assessing county performance in related areas of the California Child and Family Services Review System, and remedying problems identified.(11) Submitting information and data that the department determines is necessary to study, monitor, and prepare the update specified in paragraph (7) of subdivision (f).(12) Ensuring resource family applicants and resource families have the necessary knowledge, skills, and abilities to support children of all races, ethnic group identifications, ancestries, national origins, colors, religions, sexes, sexual orientations, gender identities, mental or physical disabilities, or HIV statuses in foster care by completing caregiver training. The training should include a curriculum that supports the role of a resource family in parenting vulnerable children and should be ongoing in order to provide resource families with information on trauma-informed practices and requirements and other topics within the foster care system.(13) Ensuring that a resource family applicant completes a minimum of 12 hours of preapproval caregiver training. The training shall include, but not be limited to, all of the following courses:(A) An overview of the child protective and probation systems.(B) The effects of trauma, including grief and loss, and child abuse and neglect, on child development and behavior, and methods to behaviorally support children impacted by that trauma or child abuse and neglect.(C) Positive discipline and the importance of self-esteem.(D) Health issues in foster care.(E) Accessing services and supports to address education needs, physical, mental, and behavioral health, and substance use disorders, including culturally relevant services.(F) The rights of a child in foster care and the resource familys responsibility to safeguard those rights, including the right to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.(G) Cultural needs of children, including instruction on cultural competency and sensitivity, and related best practices for providing adequate care for children or youth across diverse ethnic and racial backgrounds, as well as children or youth identifying as lesbian, gay, bisexual, or transgender.(H) Basic instruction on existing laws and procedures regarding the safety of foster youth at school.(I) Permanence, well-being, and education needs of children.(J) Child and adolescent development, including sexual orientation, gender identity, and expression.(K) The role of resource families, including working cooperatively with the child welfare or probation agency, the childs family, other resource families, and other service providers implementing the case plan. plan, to support case plan goals and objectives, including placement transition planning to reduce trauma during transitions to reunification or other placement settings.(L) The role of a resource family on the child and family team as defined in paragraph (4) of subdivision (a) of Section 16501.(M) A resource familys responsibility to act as a reasonable and prudent parent, as described in subdivision (c) of Section 1522.44 of the Health and Safety Code, and to provide a family setting that promotes normal childhood experiences and that serves the needs of the child.(N) An overview of the specialized training identified in subdivision (h).(O) The information described in subdivision (i) of Section 16521.5. The program may use the curriculum created pursuant to subdivision (h), and described in subdivision (i), of Section 16521.5.(P) Information on providing care and supervision to children who have been commercially sexually exploited or who have been victims of child labor trafficking. For purposes of this subparagraph, information may include, but not be limited to, informational pamphlets addressing the identification of victims of commercial sexual exploitation and child labor trafficking and the provision of existing resources, including crisis hotline numbers, survivor and caregiver supports, and contact information for law enforcement entities.(14) Ensuring resource families complete a minimum of eight hours of caregiver training annually, a portion of which shall be from subparagraph (M) of paragraph (13) and from one or more of the other topics listed in paragraph (13).(15) (A) (i) Ensuring that resource families complete cardiopulmonary resuscitation (CPR) training and first aid training, or demonstrate equivalent certification, no later than 90 days following resource family approval.(ii) A resource family parent who has a certificate of completion for Basic Life Support (BLS) for health care professionals, or Pediatric Advanced Life Support (PALS), or a higher standard of training that certifies CPR, and for whom the certification is currently active, is exempt from completing the resource family approval CPR training requirement as described in clause (i), upon demonstrating proof of certification of completion and until the date the certification expires.(iii) A resource family parent who has active and unrestricted licensure as a health care professional, issued by the Department of Consumer Affairs or the Emergency Medical Services Authority, is exempt from completing the resource family approval first aid training requirement as described in clause (i), upon demonstrating proof of active and unrestricted licensure and until the date the licensure expires.(B) (i) Ensuring that resource families, prior to expiration of the CPR and first aid certificates, obtain training to remain certified in CPR and first aid, or demonstrate equivalent certification, and submit copies of the certificates verifying completion of the training.(ii) Clause (i) does not apply to first aid training for a resource family parent who is exempt from the first aid training requirement pursuant to clause (iii) of subparagraph (A).(16) (A) Ensuring that resource families that care for children who are 10 years of age or older attend, within 12 months of approval as a resource family, a training on understanding how to use best practices for providing care and supervision to children who have been commercially sexually exploited or who have been victims of child labor trafficking. This training shall be survivor informed, culturally relevant and appropriate, and address issues relating to stigma. The training required by this subparagraph shall address all of the following topics:(i) Recognizing indicators of commercial sexual exploitation and child labor trafficking.(ii) Harm reduction.(iii) Trauma-informed care.(iv) Available county and state resources.(v) Perspectives of individuals or families who have experiences with commercial sexual exploitation and child labor trafficking.(B) The information provided in subparagraph (P) of paragraph (13) shall also be provided during the training described in this paragraph.(C) After completing the training required by subparagraph (A), a resource family shall not be required to attend training relating to children who have been commercially sexually exploited or who have been victims of child labor trafficking, except as required pursuant to subdivision (h).(D) This section does not prevent an entity from providing the training specified in this paragraph in person, virtually, by recorded means, or by any other available means.(h) In addition to any training required by this section, a county may require a resource family or applicant to receive relevant specialized training for the purpose of preparing the resource family to meet the needs of a particular child in care. This training may include, but is not limited to, the following:(1) Understanding how to use best practices for providing care and supervision to commercially sexually exploited children and children who have been victims of child labor trafficking.(2) Understanding how to use best practices for providing care and supervision to lesbian, gay, bisexual, and transgender children.(3) Understanding the requirements and best practices regarding psychotropic medications, including, but not limited to, court authorization, benefits, uses, side effects, interactions, assistance with self-administration, misuse, documentation, storage, and metabolic monitoring of children prescribed psychotropic medications.(4) Understanding the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), its historical significance, the rights of children covered by the act, and the best interests of Indian children, including the role of the caregiver in supporting culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership, and connection to the tribal community and traditions.(5) Understanding how to use best practices for providing care and supervision to nonminor dependents.(6) Understanding how to use best practices for providing care and supervision to children with special health care needs.(7) Understanding the different permanency options and the services and benefits associated with the options.(i) This section does not preclude a county from requiring training in excess of the requirements in this section.(j) (1) Resource families who move home locations shall retain their resource family status pending the outcome of the update conducted pursuant to paragraph (6) of subdivision (g).(2) (A) If a resource family moves from one county to another county, the department, or the county to which a resource family has moved, shall submit a written request to the Department of Justice to transfer the individuals subsequent arrest notification, as specified in subdivision (h) of Section 1522 of the Health and Safety Code.(B) A request to transfer a subsequent arrest notification shall contain all prescribed data elements and format protocols pursuant to a written agreement between the department and the Department of Justice.(3) Subject to the requirements in paragraph (1), the resource family shall continue to be approved for guardianship and adoption. This subdivision shall not limit a county, foster family agency, or adoption agency from determining that the family is not approved for guardianship or adoption based on changes in the familys circumstances or family evaluation.(k) Implementation of the program shall be contingent upon the continued availability of federal Social Security Act Title IV-E (42 U.S.C. Sec. 670) funds for costs associated with placement of children with resource families assessed and approved pursuant to the program.(l) A child placed with a resource family is eligible for the resource family basic rate, pursuant to Sections 11460, 11461, 11461.3, and 11463, at the childs assessed level of care.(m) Sharing ratios for nonfederal expenditures for all costs associated with activities related to the approval of relatives and nonrelative extended family members shall be in accordance with Section 10101.(n) The Department of Justice shall charge fees sufficient to cover the cost of initial or subsequent criminal offender record information and Child Abuse Central Index searches, processing, or responses, as specified in this section.(o) Except as provided, resource families shall be exempt from both of the following:(1) Licensure requirements established pursuant to the California Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code) and all regulations promulgated to implement the act.(2) Relative and nonrelative extended family member approval requirements as those approval requirements existed prior to January 1, 2017.(p) (1) Early implementation counties shall be authorized to continue through December 31, 2016. The program shall be implemented by each county on or before January 1, 2017.(2) (A) (i) On and after January 1, 2017, a county to which the department has delegated its licensing authority pursuant to Section 1511 of the Health and Safety Code shall approve resource families in lieu of licensing foster family homes.(ii) Notwithstanding clause (i), the existing licensure and oversight processes shall continue to be administered for foster family homes licensed prior to January 1, 2017, or as specified in subparagraph (C), until the license is revoked or forfeited by operation of law pursuant to Section 1517.1 of the Health and Safety Code.(B) (i) On and after January 1, 2017, a county shall approve resource families in lieu of approving relative and nonrelative extended family members.(ii) Notwithstanding clause (i), the existing approval and oversight processes shall continue to be administered for relatives and nonrelative extended family members approved prior to January 1, 2017, or as specified in subparagraph (C), until the approval is revoked or forfeited by operation of law pursuant to this section.(C) Notwithstanding subparagraph (D), a county shall approve or deny all applications for foster family home licenses and requests for relative or nonrelative extended family member approvals received on or before December 31, 2016, in accordance with Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code or provisions providing for the approval of relatives or nonrelative extended family members, as applicable.(D) On and after January 1, 2017, a county shall not accept applications for foster family home licenses or requests to approve relatives or nonrelative extended family members.(3) No later than July 1, 2019, each county shall provide the following information to all licensed foster family homes and approved relatives and nonrelative extended family members licensed or approved by the county:(A) A detailed description of the resource family approval program.(B) Notification that, in order to care for a foster child, resource family approval is required by December 31, 2020.(C) Notification that a foster family home license and an approval of a relative or nonrelative extended family member shall be forfeited by operation of law, as specified in paragraph (8).(4) The following applies to all licensed foster family homes and approved relative and nonrelative extended family members:(A) A licensed foster family home or an approved relative or nonrelative extended family member with an approved adoptive home study completed prior to January 1, 2018, shall be deemed to be a resource family.(B) A licensed foster family home or an approved relative or nonrelative extended family member who had a child in placement at any time between January 1, 2017, and December 31, 2017, inclusive, may be approved as a resource family on the date of successful completion of a family evaluation.(C) A licensed foster family home that provided county-authorized respite services at any time between January 1, 2017, and December 31, 2017, inclusive, may be approved as a resource family on the date of successful completion of a family evaluation.(5) A county may provide supportive services to all licensed foster family homes, relatives, and nonrelative extended family members with a child in placement to assist with the resource family transition and to minimize placement disruptions.(6) (A) In order to approve a licensed foster family home or approved relative or nonrelative extended family member as a resource family pursuant to paragraph (4), a county shall submit a written request to the Department of Justice to transfer any subsequent arrest and Child Abuse Central Index notifications, as specified in subdivision (h) of Section 1522 of the Health and Safety Code.(B) A request to transfer a subsequent arrest notification shall contain all prescribed data elements and format protocols pursuant to a written agreement between the department and the Department of Justice.(7) An individual who is a member of a resource family approved pursuant to subparagraph (B) or (C) of paragraph (4) shall be fingerprinted pursuant to Section 8712 of the Family Code upon filing an application for adoption.(8) All foster family licenses and approvals of relatives and nonrelative extended family members shall be forfeited by operation of law on December 31, 2020, except as provided in this paragraph or Section 1524 of the Health and Safety Code:(A) All licensed foster family homes that did not have a child in placement or did not provide county-authorized respite services at any time between January 1, 2017, and December 31, 2017, inclusive, shall forfeit the license by operation of law on January 1, 2018.(B) For foster family home licensees and approved relatives or nonrelative extended family members who have a pending resource family application on December 31, 2020, the foster family home license or relative and nonrelative extended family member approval shall be forfeited by operation of law upon approval as a resource family. If approval is denied, forfeiture by operation of law shall occur on the date of completion of any proceedings required by law to ensure due process.(C) A foster family home license shall be forfeited by operation of law, pursuant to Section 1517.1 of the Health and Safety Code, upon approval as a resource family.(D) Approval as a relative or nonrelative extended family member shall be forfeited by operation of law upon approval as a resource family.(q) On and after January 1, 2017, all licensed foster family agencies shall approve resource families in lieu of certifying foster homes, as set forth in Section 1517 of the Health and Safety Code.(r) The department may establish participation conditions, and select and authorize foster family agencies that voluntarily submit implementation plans and revised plans of operation in accordance with requirements established by the department, to approve resource families in lieu of certifying foster homes.(1) Notwithstanding any other law, a participating foster family agency shall require resource families to meet and maintain the resource family approval standards and requirements set forth in this chapter and in the written directives adopted consistent with the chapter prior to approval and in order to maintain approval.(2) A participating foster family agency shall implement the resource family approval program pursuant to Section 1517 of the Health and Safety Code.(3) This section does not limit the authority of the department to inspect, evaluate, or investigate a complaint or incident, or initiate a disciplinary action against a foster family agency pursuant to Article 5 (commencing with Section 1550) of Chapter 3 of Division 2 of the Health and Safety Code, or to take any action it may deem necessary for the health and safety of children placed with the foster family agency.(4) The department may adjust the foster family agency AFDC-FC rate pursuant to Section 11463 for implementation of this subdivision.(5) This subdivision is inoperative on January 1, 2017.(s) The department or a county is authorized to obtain any arrest or conviction records or reports from any court or law enforcement agency as necessary to the performance of its duties, as provided in this section or subdivision (e) of Section 1522 of the Health and Safety Code.(t) A resource family approved pursuant to this section shall forfeit its approval concurrent with resource family approval by a foster family agency. |
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| 332 | | - | 16519.5. (a) The State Department of Social Services, in consultation with county child welfare agencies, foster parent associations, and other interested community parties, shall implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, certifying foster homes by licensed foster family agencies, approving relatives and nonrelative extended family members as foster care providers, and approving guardians and adoptive families.(b) (1) Counties shall be selected to participate on a voluntary basis as early implementation counties for the purpose of participating in the initial development of the approval process. Early implementation counties shall be selected according to criteria developed by the department in consultation with the County Welfare Directors Association of California. In selecting the five early implementation counties, the department shall promote diversity among the participating counties in terms of size and geographic location.(2) Additional counties may participate in the early implementation of the program upon authorization by the department.(3) The State Department of Social Services shall be responsible for all of the following:(A) Selecting early implementation counties, based on criteria established by the department in consultation with the County Welfare Directors Association of California.(B) Establishing timeframes for participating counties to submit an implementation plan, enter into terms and conditions for early implementation participation in the program, train appropriate staff, and accept applications from resource families.(C) Entering into terms and conditions for early implementation participation in the program by counties.(4) Counties participating in the early implementation of the program shall be responsible for all of the following:(A) Submitting an implementation plan.(B) Entering into terms and conditions for early implementation participation in the program.(C) Consulting with the county probation department in the development of the implementation plan.(D) Training appropriate staff.(E) Accepting applications from resource families within the timeframes established by the department.(5) (A) Approved relatives and nonrelative extended family members, licensed foster family homes, or approved adoptive homes that have completed the license or approval process prior to statewide implementation of the program shall not be considered part of the program. The otherwise applicable assessment and oversight processes shall continue to be administered for families and facilities not included in the program.(B) Upon implementation of the program in a county, that county shall not accept new applications for the licensure of foster family homes, the approval of relative and nonrelative extended family members, or the approval of prospective guardians and adoptive homes.(6) The department may waive regulations that pose a barrier to the early implementation and operation of this program. The waiver of a regulation by the department pursuant to this section applies to only those counties or foster family agencies participating in the early implementation of the program and only for the duration of the program.(7) This subdivision is inoperative on January 1, 2017.(c) (1) For purposes of this article, resource family means an individual or family that has successfully met both the home environment assessment standards and the permanency assessment criteria adopted pursuant to subdivision (d) necessary for providing care for a child placed by a public or private child placement agency by court order, or voluntarily placed by a parent or legal guardian. A resource family shall demonstrate all of the following:(A) An understanding of the safety, permanence, and well-being needs of children who have been victims of child abuse and neglect, and the capacity and willingness to meet those needs, including the need for protection, and the willingness to make use of support resources offered by the agency, or a support structure in place, or both.(B) An understanding of childrens needs and development, effective parenting skills or knowledge about parenting, and the capacity to act as a reasonable, prudent parent in day-to-day decisionmaking.(C) An understanding of the role of the individual or family as a resource family and the capacity to work cooperatively with the agency agency, birth family, as appropriate, other resource families, and other service providers in implementing the childs caseplan. plan and supporting transitions in placement settings or permanency.(D) The financial ability within the household to ensure the stability and financial security of the family. This requirement may be waived for relative and nonrelative extended family member resource families on a case-by-case basis. For purposes of this subparagraph, there is no minimum income requirement and an applicant who will rely on the funding described in subdivision (l) to meet additional household expenses incurred due to the placement of a child shall not, for this reason, be denied approval as a resource family.(E) (i)An ability and willingness to provide a family setting that promotes normal childhood experiences that serves the needs of the child.(F) An ability and willingness to meet the needs of the child regardless of the childs sexual orientation, gender identity, or gender expression, and that, should difficulties around these issues arise, a willingness to obtain resources offered by the county or foster family agency or other available resources to meet those needs.(2) For purposes of this article, and unless otherwise specified, references to a child include a nonminor dependent and nonminor former dependent or ward, as defined in subdivision (v) and paragraph (1) of subdivision (aa) of Section 11400.(3) There is no fundamental right to approval as a resource family. Emergency placement of a child pursuant to Section 309, 319, 361.45, or 727.05, or with a resource family applicant pursuant to subdivision (e), does not entitle an applicant to approval as a resource family.(4) (A) A resource family shall be considered eligible to provide foster care for children in out-of-home placement and approved for adoption and guardianship.(B) (i) Notwithstanding subparagraph (A), a county may approve a resource family to care for a specific child, as specified in the written directives or regulations adopted pursuant to this section. Child-specific approval shall be considered if the applicant is a relative or nonrelative extended family member who has an established and significant relationship with a child or a child is already placed in the home of the relative or nonrelative extended family member pursuant to subdivision (e) or Section 309, 319, 361.45, or 727.05.(ii) When child-specific approval is granted to a relative who has received a criminal records exemption pursuant to clause (iv) of subparagraph (A) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code, the childs placement shall be funded pursuant to Section 11461.3 and the relative shall not be eligible for federal financial participation while the child is placed with them.(iii) In the case of an Indian child for whom the childs tribe is not exercising its right to approve a home, the county shall apply the prevailing social and cultural standards of the Indian community to resource family approval for that child, as required by subdivision (f) of Section 361.31 and the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.). The department shall engage in the tribal consultation process and develop regulations to implement this clause. 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 this clause through all-county letters or other similar instruction, and provide guidance to counties regarding consistent implementation of this clause.(5) For purposes of this article, resource family approval means that the applicant or resource family successfully meets the home environment assessment and permanency assessment standards. This approval is in lieu of a foster family home license issued pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, a certificate of approval issued by a licensed foster family agency, as described in subdivision (b) of Section 1506 of the Health and Safety Code, relative or nonrelative extended family member approval, guardianship approval, and the adoption home study approval.(6) Approval of a resource family does not guarantee an initial, continued, or adoptive placement of a child with a resource family or with a relative or nonrelative extended family member. Approval of a resource family does not guarantee the establishment of a legal guardianship of a child with a resource family.(7) (A) Notwithstanding paragraphs (1) to (6), inclusive, the county shall, consistent with Sections 1520.3 and 1558.1 of the Health and Safety Code, cease any further review of an application if the applicant has had a previous application denial by the department or a county within the preceding year, or if the applicant has had a previous rescission, revocation, or exemption denial or exemption rescission by the department or a county within the preceding two years.(B) Notwithstanding subparagraph (A), the county may continue to review an application if it has determined that the reasons for the previous denial, rescission, or revocation were due to circumstances and conditions that either have been corrected or are no longer in existence. If an individual was excluded from a resource family home or facility licensed by the department, the county shall cease review of the individuals application unless the excluded individual has been reinstated pursuant to subdivision (g) of Section 16519.6 of this code or pursuant to Section 1569.53, subdivision (h) of Section 1558, subdivision (h) of Section 1569.58, or subdivision (h) of Section 1596.8897, of the Health and Safety Code.(C) (i) The county may cease any further review of an application if, after written notice to the applicant, the applicant fails to complete an application without good faith effort and within 30 days of the date of the notice, as specified in the written directives or regulations adopted pursuant to this section.(ii) Clause (i) does not apply if a child is placed with the applicant pursuant to Section 309, 361.45, 727.05, or paragraph (1) of subdivision (e) of Section 16519.5.(D) The cessation of an application review pursuant to this paragraph does not constitute a denial of the application for purposes of this section or any other law.(E) For purposes of this section, the date of a previous denial, rescission, revocation, exemption denial or exemption rescission, or exclusion shall be either of the following:(i) The effective date of a final decision or order upholding a notice of action or exclusion order.(ii) The date on the notice of the decision to deny, rescind, revoke, or exclude if the notice was not appealed or otherwise constitutes a final decision.(8) A resource family shall meet the approval standards set forth in this section, and, as applicable, Chapter 6.3 (commencing with Section 18360) of Part 6, to maintain approval. A resource family shall comply with the written directives or regulations adopted pursuant to this section and applicable laws in order to maintain approval.(9) A resource family may be approved by a county child welfare department or a probation department pursuant to this section or by a foster family agency pursuant to Section 1517 of the Health and Safety Code.(10) A resource family shall not be licensed to operate a residential facility, as defined in Section 1502 of the Health and Safety Code, a residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, or a residential care facility for persons with chronic life-threatening illnesses, as defined in Section 1568.01 of the Health and Safety Code, on the same premises used as the residence of the resource family.(11) (A) An applicant who withdraws an application prior to its approval or denial may resubmit the application within 12 months of the withdrawal.(B) This paragraph does not preclude a county from requiring an applicant to complete an application activity, even if that activity was previously completed.(d) (1) The department shall adopt standards pertaining to the home environment and permanency assessments of a resource family.(2) Resource family home environment assessment standards shall include, but not be limited to, all of the following:(A) (i) (I) A criminal record clearance of each applicant and all adults residing in, or regularly present in, the home, and not exempted from fingerprinting, as set forth in subdivision (b) of Section 1522 of the Health and Safety Code, pursuant to Section 8712 of the Family Code, utilizing a check of the Child Abuse Central Index pursuant to Section 1522.1 of the Health and Safety Code, and receipt of a fingerprint-based state and federal criminal offender record information search response. The criminal history information shall include subsequent notifications pursuant to Section 11105.2 of the Penal Code.(II) Consideration of any substantiated allegations of child abuse or neglect against the applicant and any other adult residing in, or regularly present in, the home pursuant to Section 1522.1 of the Health and Safety Code.(III) If the criminal records check indicates that the person has been convicted of an offense described in subparagraph (A) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code, home approval shall be denied unless the person has received a criminal records exemption pursuant to clause (iv) of subparagraph (A) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code. If the criminal records check indicates that the person has been convicted of an offense described in subparagraph (B) or (D) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code, the home shall not be approved unless a criminal record exemption has been granted pursuant to subclause (IV).(IV) If the resource family parent, applicant, or any other person specified in subclause (I) has been convicted of a crime other than an infraction or arrested for an offense specified in subdivision (e) of Section 1522 of the Health and Safety Code, except for the civil penalty language, the criminal background check provisions specified in subdivisions (d) through (f) of Section 1522 of the Health and Safety Code shall apply. Exemptions from the criminal records clearance requirements set forth in this section may be granted by the department or the county, if that county has been granted permission by the department to issue criminal record 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.(V) If it is determined, on the basis of the fingerprint images and related information submitted to the Department of Justice, that subsequent to obtaining a criminal record clearance or exemption from disqualification, the person has been convicted of, or is awaiting trial for, a sex offense against a minor, or has been convicted for an offense specified in Section 243.4, 273a, 273ab, 273d, 273g, or 368 of the Penal Code, or a felony, the department or county shall notify the resource family to act immediately to remove or bar the person from entering the resource familys home. The department or county, as applicable, may subsequently grant an exemption from disqualification pursuant to subdivision (g) of Section 1522 of the Health and Safety Code. If the conviction or arrest was for another crime, the resource family shall, upon notification by the department or county, act immediately to either remove or bar the person from entering the resource familys home, or require the person to seek an exemption from disqualification pursuant to subdivision (g) of Section 1522 of the Health and Safety Code. The department or county, as applicable, shall determine if the person shall be allowed to remain in the home until a decision on the exemption from disqualification is rendered.(ii) For public foster family agencies approving resource families, the criminal records clearance process set forth in clause (i) shall be utilized.(iii) For private foster family agencies approving resource families, the criminal records clearance process set forth in clause (i) shall be utilized, but the Department of Justice shall disseminate a fitness determination resulting from the federal criminal offender record information search.(B) A home and grounds evaluation to ensure the health and safety of children.(C) In addition to the foregoing requirements, the resource family home environment assessment standards shall require the following:(i) That the applicant demonstrates an understanding of the rights of children in care and the applicants responsibility to safeguard those rights.(ii) That the total number of children residing in the home of a resource family shall be no more than the total number of children the resource family can properly care for, regardless of status, and shall not exceed six children, unless exceptional circumstances that are documented in the foster childs case file exist to permit a resource family to care for more children, including, but not limited to, the need to place siblings together, consistent with Section 16002.(iii) That the applicant understands the applicants responsibilities with respect to acting as a reasonable and prudent parent, and maintaining the least restrictive environment that serves the needs of the child.(3) The resource family permanency assessment standards shall include, but not be limited to, all of the following:(A) Caregiver training, as described in subdivisions (g) and (h).(B) A family evaluation, which shall include, but not be limited to, interviews of an applicant to assess the applicants personal history, family dynamic, and need for support or resources, and a risk assessment.(i) When the applicant is a relative or nonrelative extended family member to an identified child, the family evaluation shall consider the nature of the relationship between the relative or nonrelative extended family member and the child. The relative or nonrelative extended family members expressed desire to only care for a specific child or children shall not be a reason to deny the approval.(ii) A caregiver risk assessment shall include, but not be limited to, physical and mental health, alcohol and other substance use and abuse, family and domestic violence, and the factors listed in paragraph (1) of subdivision (c).(iii) A county may review and discuss data contained in the statewide child welfare database with an applicant for purposes of conducting a family evaluation, as specified in the written directives or regulations adopted pursuant to this section.(C) Completion of any other activities that relate to the ability of an applicant or a resource family to achieve permanency with a child.(4) (A) For a child placed on an emergency basis pursuant to Section 309, 361.45, or 727.05, the home environment assessment, the permanency assessment, and the written report shall be completed within 120 days of the placement, unless good cause exists based upon the needs of the child.(B) If additional time is needed to complete the home environment assessment or the permanency assessment, the county shall document the extenuating circumstances for the delay and generate a timeframe for the completion of those assessments.(C) The county shall report to the department, on a quarterly basis, the number of families with emergency placements whose home environment assessment or permanency assessment goes beyond 120 days and summarize the reasons for these delays.(e) (1) A county may place a child with a resource family applicant who has successfully completed the home environment assessment prior to completion of a permanency assessment only if a compelling reason for the placement exists based on the needs of the child.(A) The permanency assessment and the written report described in paragraph (5) of subdivision (g) shall be completed within 120 days of the childs placement in the home, unless good cause exists.(B) If additional time is needed to comply with subparagraph (A), the county shall document the extenuating circumstances for the delay and generate a timeframe for the completion of the permanency assessment.(C) The county shall report to the department, on a quarterly basis, the number of applicants for whom the requirements of subparagraph (A) exceed 120 days and summarize the reasons for these delays.(2) The home environment and permanency assessments, and the written report described in paragraph (5) of subdivision (g), shall be completed within 120 days of a childs placement with a relative or nonrelative extended family member pursuant to Section 309, 361.45, or 727.05, unless good cause exists.(3) For any placement made pursuant to this subdivision, AFDC-FC funding shall not be available until approval of the resource family has been completed.(4) A child placed pursuant to this subdivision shall be afforded all the rights set forth in Section 16001.9.(5) This section does not limit the countys authority to inspect the home of a resource family applicant as often as necessary to ensure the quality of care provided.(6) This subdivision does not limit the countys obligation under law to assess and give placement consideration to relatives and nonrelative extended family members and to place a child pursuant to Section 309, 361.3, 361.45, 706.6, or 727.1.(f) The State Department of Social Services shall be responsible for all of the following:(1) (A) Until regulations are adopted, administering the program through the issuance of written directives that shall have the same force and effect as regulations. Any directive affecting Article 1 (commencing with Section 700) of Chapter 7 of Division 1 of Title 11 of the California Code of Regulations shall be approved by the Department of Justice. The directives shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).(B) Adopting, amending, or repealing, in accordance with Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code, any reasonable rules, regulations, and standards that may be necessary or proper to carry out the purposes and intent of this article and to enable the department to exercise the powers and perform the duties conferred upon it by this section, consistent with the laws of this state.(2) Approving and requiring the use of a single standard for resource family approval.(3) Adopting and requiring the use of standardized documentation for the home environment and permanency assessments of resource families. The department shall permit counties to maintain documentation relating to the resource family approval process in an electronic format.(4) Adopting core competencies for county staff to participate in the assessment and evaluation of an applicant or resource family.(5) Requiring counties to monitor county-approved resource families, including, but not limited to, both of the following:(A) Investigating complaints regarding resource families.(B) Developing and monitoring resource family corrective action plans to correct identified deficiencies and to rescind resource family approval if compliance with corrective action plans is not achieved.(6) Ongoing oversight and monitoring of county systems and operations including all of the following:(A) Reviewing the countys implementation plan and implementation of the program.(B) Reviewing an adequate number of county-approved resource families in each county to ensure that approval standards are being properly applied.(i) The review shall include case file documentation and may include onsite inspection of individual resource families.(ii) The review shall occur on a biennial basis and more frequently if the department becomes aware that a county is experiencing a disproportionate number of complaints against individual resource family homes.(C) Reviewing county reports of serious complaints and incidents involving resource families, as determined necessary by the department. The department may conduct an independent review of the complaint or incident and change the findings depending on the results of its investigation.(D) Investigating unresolved complaints against counties.(E) Requiring corrective action of counties that are not in full compliance with this section.(7) Excluding a resource family parent, applicant, or other individual from presence in any resource family home, consistent with the established standard for any of the reasons specified in Section 16519.61.(8) Implementing due process procedures, including, but not limited to, all of the following:(A) Providing a statewide fair hearing process for application denials, rescissions of approval, exclusion actions, or criminal record exemption denials or rescissions by a county or the department.(B) Providing an excluded individual with due process pursuant to Section 16519.6.(C) Amending the departments applicable state hearing procedures and regulations or using the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), when applicable, as necessary for the administration of the program.(g) Counties shall be responsible for all of the following:(1) Submitting an implementation plan and consulting with the county probation department in the development of the implementation plan.(2) Complying with the written directives or regulations adopted pursuant to this section.(3) Implementing the requirements for resource family approval and utilizing standardized documentation established by the department. A county may maintain documentation relating to the resource family approval process in an electronic format.(4) Training appropriate staff, including ensuring staff have the education and experience or core competencies necessary to participate in the assessment and evaluation of an applicant or resource family.(5) (A) Taking the following actions, as applicable, for any of the reasons specified in Section 16519.61:(i) (I) Approving or denying resource family applications, including preparing a written report that evaluates an applicants capacity to foster, adopt, and provide legal guardianship of a child based on all of the information gathered through the resource family application and assessment processes.(II) The applicants preference to provide a specific level of permanency, including adoption, guardianship, or, in the case of a relative, placement with a fit and willing relative, shall not be a basis to deny an application.(ii) Rescinding approvals of resource families.(iii) When applicable, referring a case to the department for an action to exclude a resource family parent, applicant, or other individual from presence in any resource family home, consistent with the established standard.(iv) Issuing a temporary suspension order that suspends the resource family approval prior to a hearing when, in the opinion of the county, urgent action is needed to protect a child from physical or mental abuse, abandonment, or any other substantial threat to health or safety. The county shall serve the resource family with the temporary suspension order and a copy of available discovery in the possession of the county, including, but not limited to, affidavits, declarations, names of witnesses, and other evidence upon which the county relied in issuing the temporary suspension order. The temporary suspension order shall be served upon the resource family with a notice of action, and if the matter is to be heard before the Office of Administrative Hearings, an accusation. The temporary suspension order shall list the effective date on the order.(v) Granting, denying, or rescinding criminal record exemptions.(B) Providing a resource family parent, applicant, or individual who is the subject of a criminal record exemption denial or rescission with due process pursuant to Section 16519.6.(C) Notifying the department of any decisions denying an application for resource family approval, rescinding the approval of a resource family, or denying or rescinding a criminal record exemption and, if applicable, notifying the department of the results of an administrative action.(6) (A) Updating resource family approval biennially and as necessary to address any changes that have occurred in the resource familys circumstances, including, but not limited to, moving to a new home location or commencing operation of a family daycare home, as defined in Section 1596.78 of the Health and Safety Code.(B) A county shall conduct an announced inspection of a resource family home during the biennial update, and as necessary to address any changes specified in subparagraph (A), in order to ensure that the resource family is conforming to all applicable laws and the written directives or regulations adopted pursuant to this section.(7) Monitoring resource families through all of the following:(A) Ensuring that social workers who identify a condition in the home that may not meet the approval standards set forth in subdivision (d) while in the course of a routine visit to children placed with a resource family take appropriate action as needed.(B) Requiring resource families to meet the approval standards set forth in this section and to comply with the written directives or regulations adopted pursuant to this section, other applicable laws, and corrective action plans as necessary to correct identified deficiencies. If corrective action is not completed, as specified in the plan, the county may rescind the resource family approval.(C) Requiring resource families to report any incidents consistent with the reporting requirements pursuant to the written directives or regulations adopted pursuant to this section.(D) Inspecting resource family homes as often as necessary to ensure the quality of care provided.(8) (A) Investigating all complaints against a resource family and taking action as necessary, including, but not limited to, investigating any incidents reported about a resource family indicating that the approval standard is not being maintained and inspecting the resource family home.(B) The childs social worker shall not conduct the investigation into the complaint received concerning a family providing services pursuant to the standards required by subdivision (d). To the extent that adequate resources are available, complaints shall be investigated by a worker who did not conduct the home environment assessment or family evaluation or prepare the written report determining approval of the resource family.(C) Upon conclusion of the complaint investigation, the final disposition shall be reviewed and approved by a supervising staff member.(D) The department shall be notified of any serious incidents or serious complaints or any incident that falls within the definition of Section 11165.5 of the Penal Code. If those incidents or complaints result in an investigation, the department shall also be notified as to the status and disposition of that investigation.(9) Performing corrective action as required by the department.(10) Assessing county performance in related areas of the California Child and Family Services Review System, and remedying problems identified.(11) Submitting information and data that the department determines is necessary to study, monitor, and prepare the update specified in paragraph (7) of subdivision (f).(12) Ensuring resource family applicants and resource families have the necessary knowledge, skills, and abilities to support children of all races, ethnic group identifications, ancestries, national origins, colors, religions, sexes, sexual orientations, gender identities, mental or physical disabilities, or HIV statuses in foster care by completing caregiver training. The training should include a curriculum that supports the role of a resource family in parenting vulnerable children and should be ongoing in order to provide resource families with information on trauma-informed practices and requirements and other topics within the foster care system.(13) Ensuring that a resource family applicant completes a minimum of 12 hours of preapproval caregiver training. The training shall include, but not be limited to, all of the following courses:(A) An overview of the child protective and probation systems.(B) The effects of trauma, including grief and loss, and child abuse and neglect, on child development and behavior, and methods to behaviorally support children impacted by that trauma or child abuse and neglect.(C) Positive discipline and the importance of self-esteem.(D) Health issues in foster care.(E) Accessing services and supports to address education needs, physical, mental, and behavioral health, and substance use disorders, including culturally relevant services.(F) The rights of a child in foster care and the resource familys responsibility to safeguard those rights, including the right to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.(G) Cultural needs of children, including instruction on cultural competency and sensitivity, and related best practices for providing adequate care for children or youth across diverse ethnic and racial backgrounds, as well as children or youth identifying as lesbian, gay, bisexual, or transgender.(H) Basic instruction on existing laws and procedures regarding the safety of foster youth at school.(I) Permanence, well-being, and education needs of children.(J) Child and adolescent development, including sexual orientation, gender identity, and expression.(K) The role of resource families, including working cooperatively with the child welfare or probation agency, the childs family, other resource families, and other service providers implementing the case plan. plan, to support case plan goals and objectives, including placement transition planning to reduce trauma during transitions to reunification or other placement settings.(L) The role of a resource family on the child and family team as defined in paragraph (4) of subdivision (a) of Section 16501.(M) A resource familys responsibility to act as a reasonable and prudent parent, as described in subdivision (c) of Section 1522.44 of the Health and Safety Code, and to provide a family setting that promotes normal childhood experiences and that serves the needs of the child.(N) An overview of the specialized training identified in subdivision (h).(O) The information described in subdivision (i) of Section 16521.5. The program may use the curriculum created pursuant to subdivision (h), and described in subdivision (i), of Section 16521.5.(P) Information on providing care and supervision to children who have been commercially sexually exploited or who have been victims of child labor trafficking. For purposes of this subparagraph, information may include, but not be limited to, informational pamphlets addressing the identification of victims of commercial sexual exploitation and child labor trafficking and the provision of existing resources, including crisis hotline numbers, survivor and caregiver supports, and contact information for law enforcement entities.(14) Ensuring resource families complete a minimum of eight hours of caregiver training annually, a portion of which shall be from subparagraph (M) of paragraph (13) and from one or more of the other topics listed in paragraph (13).(15) (A) (i) Ensuring that resource families complete cardiopulmonary resuscitation (CPR) training and first aid training, or demonstrate equivalent certification, no later than 90 days following resource family approval.(ii) A resource family parent who has a certificate of completion for Basic Life Support (BLS) for health care professionals, or Pediatric Advanced Life Support (PALS), or a higher standard of training that certifies CPR, and for whom the certification is currently active, is exempt from completing the resource family approval CPR training requirement as described in clause (i), upon demonstrating proof of certification of completion and until the date the certification expires.(iii) A resource family parent who has active and unrestricted licensure as a health care professional, issued by the Department of Consumer Affairs or the Emergency Medical Services Authority, is exempt from completing the resource family approval first aid training requirement as described in clause (i), upon demonstrating proof of active and unrestricted licensure and until the date the licensure expires.(B) (i) Ensuring that resource families, prior to expiration of the CPR and first aid certificates, obtain training to remain certified in CPR and first aid, or demonstrate equivalent certification, and submit copies of the certificates verifying completion of the training.(ii) Clause (i) does not apply to first aid training for a resource family parent who is exempt from the first aid training requirement pursuant to clause (iii) of subparagraph (A).(16) (A) Ensuring that resource families that care for children who are 10 years of age or older attend, within 12 months of approval as a resource family, a training on understanding how to use best practices for providing care and supervision to children who have been commercially sexually exploited or who have been victims of child labor trafficking. This training shall be survivor informed, culturally relevant and appropriate, and address issues relating to stigma. The training required by this subparagraph shall address all of the following topics:(i) Recognizing indicators of commercial sexual exploitation and child labor trafficking.(ii) Harm reduction.(iii) Trauma-informed care.(iv) Available county and state resources.(v) Perspectives of individuals or families who have experiences with commercial sexual exploitation and child labor trafficking.(B) The information provided in subparagraph (P) of paragraph (13) shall also be provided during the training described in this paragraph.(C) After completing the training required by subparagraph (A), a resource family shall not be required to attend training relating to children who have been commercially sexually exploited or who have been victims of child labor trafficking, except as required pursuant to subdivision (h).(D) This section does not prevent an entity from providing the training specified in this paragraph in person, virtually, by recorded means, or by any other available means.(h) In addition to any training required by this section, a county may require a resource family or applicant to receive relevant specialized training for the purpose of preparing the resource family to meet the needs of a particular child in care. This training may include, but is not limited to, the following:(1) Understanding how to use best practices for providing care and supervision to commercially sexually exploited children and children who have been victims of child labor trafficking.(2) Understanding how to use best practices for providing care and supervision to lesbian, gay, bisexual, and transgender children.(3) Understanding the requirements and best practices regarding psychotropic medications, including, but not limited to, court authorization, benefits, uses, side effects, interactions, assistance with self-administration, misuse, documentation, storage, and metabolic monitoring of children prescribed psychotropic medications.(4) Understanding the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), its historical significance, the rights of children covered by the act, and the best interests of Indian children, including the role of the caregiver in supporting culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership, and connection to the tribal community and traditions.(5) Understanding how to use best practices for providing care and supervision to nonminor dependents.(6) Understanding how to use best practices for providing care and supervision to children with special health care needs.(7) Understanding the different permanency options and the services and benefits associated with the options.(i) This section does not preclude a county from requiring training in excess of the requirements in this section.(j) (1) Resource families who move home locations shall retain their resource family status pending the outcome of the update conducted pursuant to paragraph (6) of subdivision (g).(2) (A) If a resource family moves from one county to another county, the department, or the county to which a resource family has moved, shall submit a written request to the Department of Justice to transfer the individuals subsequent arrest notification, as specified in subdivision (h) of Section 1522 of the Health and Safety Code.(B) A request to transfer a subsequent arrest notification shall contain all prescribed data elements and format protocols pursuant to a written agreement between the department and the Department of Justice.(3) Subject to the requirements in paragraph (1), the resource family shall continue to be approved for guardianship and adoption. This subdivision shall not limit a county, foster family agency, or adoption agency from determining that the family is not approved for guardianship or adoption based on changes in the familys circumstances or family evaluation.(k) Implementation of the program shall be contingent upon the continued availability of federal Social Security Act Title IV-E (42 U.S.C. Sec. 670) funds for costs associated with placement of children with resource families assessed and approved pursuant to the program.(l) A child placed with a resource family is eligible for the resource family basic rate, pursuant to Sections 11460, 11461, 11461.3, and 11463, at the childs assessed level of care.(m) Sharing ratios for nonfederal expenditures for all costs associated with activities related to the approval of relatives and nonrelative extended family members shall be in accordance with Section 10101.(n) The Department of Justice shall charge fees sufficient to cover the cost of initial or subsequent criminal offender record information and Child Abuse Central Index searches, processing, or responses, as specified in this section.(o) Except as provided, resource families shall be exempt from both of the following:(1) Licensure requirements established pursuant to the California Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code) and all regulations promulgated to implement the act.(2) Relative and nonrelative extended family member approval requirements as those approval requirements existed prior to January 1, 2017.(p) (1) Early implementation counties shall be authorized to continue through December 31, 2016. The program shall be implemented by each county on or before January 1, 2017.(2) (A) (i) On and after January 1, 2017, a county to which the department has delegated its licensing authority pursuant to Section 1511 of the Health and Safety Code shall approve resource families in lieu of licensing foster family homes.(ii) Notwithstanding clause (i), the existing licensure and oversight processes shall continue to be administered for foster family homes licensed prior to January 1, 2017, or as specified in subparagraph (C), until the license is revoked or forfeited by operation of law pursuant to Section 1517.1 of the Health and Safety Code.(B) (i) On and after January 1, 2017, a county shall approve resource families in lieu of approving relative and nonrelative extended family members.(ii) Notwithstanding clause (i), the existing approval and oversight processes shall continue to be administered for relatives and nonrelative extended family members approved prior to January 1, 2017, or as specified in subparagraph (C), until the approval is revoked or forfeited by operation of law pursuant to this section.(C) Notwithstanding subparagraph (D), a county shall approve or deny all applications for foster family home licenses and requests for relative or nonrelative extended family member approvals received on or before December 31, 2016, in accordance with Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code or provisions providing for the approval of relatives or nonrelative extended family members, as applicable.(D) On and after January 1, 2017, a county shall not accept applications for foster family home licenses or requests to approve relatives or nonrelative extended family members.(3) No later than July 1, 2019, each county shall provide the following information to all licensed foster family homes and approved relatives and nonrelative extended family members licensed or approved by the county:(A) A detailed description of the resource family approval program.(B) Notification that, in order to care for a foster child, resource family approval is required by December 31, 2020.(C) Notification that a foster family home license and an approval of a relative or nonrelative extended family member shall be forfeited by operation of law, as specified in paragraph (8).(4) The following applies to all licensed foster family homes and approved relative and nonrelative extended family members:(A) A licensed foster family home or an approved relative or nonrelative extended family member with an approved adoptive home study completed prior to January 1, 2018, shall be deemed to be a resource family.(B) A licensed foster family home or an approved relative or nonrelative extended family member who had a child in placement at any time between January 1, 2017, and December 31, 2017, inclusive, may be approved as a resource family on the date of successful completion of a family evaluation.(C) A licensed foster family home that provided county-authorized respite services at any time between January 1, 2017, and December 31, 2017, inclusive, may be approved as a resource family on the date of successful completion of a family evaluation.(5) A county may provide supportive services to all licensed foster family homes, relatives, and nonrelative extended family members with a child in placement to assist with the resource family transition and to minimize placement disruptions.(6) (A) In order to approve a licensed foster family home or approved relative or nonrelative extended family member as a resource family pursuant to paragraph (4), a county shall submit a written request to the Department of Justice to transfer any subsequent arrest and Child Abuse Central Index notifications, as specified in subdivision (h) of Section 1522 of the Health and Safety Code.(B) A request to transfer a subsequent arrest notification shall contain all prescribed data elements and format protocols pursuant to a written agreement between the department and the Department of Justice.(7) An individual who is a member of a resource family approved pursuant to subparagraph (B) or (C) of paragraph (4) shall be fingerprinted pursuant to Section 8712 of the Family Code upon filing an application for adoption.(8) All foster family licenses and approvals of relatives and nonrelative extended family members shall be forfeited by operation of law on December 31, 2020, except as provided in this paragraph or Section 1524 of the Health and Safety Code:(A) All licensed foster family homes that did not have a child in placement or did not provide county-authorized respite services at any time between January 1, 2017, and December 31, 2017, inclusive, shall forfeit the license by operation of law on January 1, 2018.(B) For foster family home licensees and approved relatives or nonrelative extended family members who have a pending resource family application on December 31, 2020, the foster family home license or relative and nonrelative extended family member approval shall be forfeited by operation of law upon approval as a resource family. If approval is denied, forfeiture by operation of law shall occur on the date of completion of any proceedings required by law to ensure due process.(C) A foster family home license shall be forfeited by operation of law, pursuant to Section 1517.1 of the Health and Safety Code, upon approval as a resource family.(D) Approval as a relative or nonrelative extended family member shall be forfeited by operation of law upon approval as a resource family.(q) On and after January 1, 2017, all licensed foster family agencies shall approve resource families in lieu of certifying foster homes, as set forth in Section 1517 of the Health and Safety Code.(r) The department may establish participation conditions, and select and authorize foster family agencies that voluntarily submit implementation plans and revised plans of operation in accordance with requirements established by the department, to approve resource families in lieu of certifying foster homes.(1) Notwithstanding any other law, a participating foster family agency shall require resource families to meet and maintain the resource family approval standards and requirements set forth in this chapter and in the written directives adopted consistent with the chapter prior to approval and in order to maintain approval.(2) A participating foster family agency shall implement the resource family approval program pursuant to Section 1517 of the Health and Safety Code.(3) This section does not limit the authority of the department to inspect, evaluate, or investigate a complaint or incident, or initiate a disciplinary action against a foster family agency pursuant to Article 5 (commencing with Section 1550) of Chapter 3 of Division 2 of the Health and Safety Code, or to take any action it may deem necessary for the health and safety of children placed with the foster family agency.(4) The department may adjust the foster family agency AFDC-FC rate pursuant to Section 11463 for implementation of this subdivision.(5) This subdivision is inoperative on January 1, 2017.(s) The department or a county is authorized to obtain any arrest or conviction records or reports from any court or law enforcement agency as necessary to the performance of its duties, as provided in this section or subdivision (e) of Section 1522 of the Health and Safety Code.(t) A resource family approved pursuant to this section shall forfeit its approval concurrent with resource family approval by a foster family agency. |
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| 333 | | - | |
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| 334 | | - | |
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| 335 | | - | |
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| 336 | | - | 16519.5. (a) The State Department of Social Services, in consultation with county child welfare agencies, foster parent associations, and other interested community parties, shall implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, certifying foster homes by licensed foster family agencies, approving relatives and nonrelative extended family members as foster care providers, and approving guardians and adoptive families. |
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| 337 | | - | |
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| 338 | | - | (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 of California. In selecting the five early implementation counties, the department shall promote diversity among the participating counties in terms of size and geographic location. |
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| 339 | | - | |
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| 340 | | - | (2) Additional counties may participate in the early implementation of the program upon authorization by the department. |
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| 341 | | - | |
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| 342 | | - | (3) The State Department of Social Services shall be responsible for all of the following: |
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| 343 | | - | |
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| 344 | | - | (A) Selecting early implementation counties, based on criteria established by the department in consultation with the County Welfare Directors Association of California. |
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| 345 | | - | |
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| 346 | | - | (B) Establishing timeframes for participating counties to submit an implementation plan, enter into terms and conditions for early implementation participation in the program, train appropriate staff, and accept applications from resource families. |
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| 347 | | - | |
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| 348 | | - | (C) Entering into terms and conditions for early implementation participation in the program by counties. |
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| 349 | | - | |
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| 350 | | - | (4) Counties participating in the early implementation of the program shall be responsible for all of the following: |
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| 351 | | - | |
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| 352 | | - | (A) Submitting an implementation plan. |
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| 353 | | - | |
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| 354 | | - | (B) Entering into terms and conditions for early implementation participation in the program. |
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| 355 | | - | |
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| 356 | | - | (C) Consulting with the county probation department in the development of the implementation plan. |
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| 357 | | - | |
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| 358 | | - | (D) Training appropriate staff. |
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| 359 | | - | |
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| 360 | | - | (E) Accepting applications from resource families within the timeframes established by the department. |
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| 361 | | - | |
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| 362 | | - | (5) (A) Approved relatives and nonrelative extended family members, licensed foster family homes, or approved adoptive homes that have completed the license or approval process prior to statewide implementation of the program shall not be considered part of the program. The otherwise applicable assessment and oversight processes shall continue to be administered for families and facilities not included in the program. |
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| 363 | | - | |
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| 364 | | - | (B) Upon implementation of the program in a county, that county shall not accept new applications for the licensure of foster family homes, the approval of relative and nonrelative extended family members, or the approval of prospective guardians and adoptive homes. |
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| 365 | | - | |
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| 366 | | - | (6) The department may waive regulations that pose a barrier to the early implementation and operation of this program. The waiver of a regulation by the department pursuant to this section applies to only those counties or foster family agencies participating in the early implementation of the program and only for the duration of the program. |
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| 367 | | - | |
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| 368 | | - | (7) This subdivision is inoperative on January 1, 2017. |
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| 369 | | - | |
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| 370 | | - | (c) (1) For purposes of this article, resource family means an individual or family that has successfully met both the home environment assessment standards and the permanency assessment criteria adopted pursuant to subdivision (d) necessary for providing care for a child placed by a public or private child placement agency by court order, or voluntarily placed by a parent or legal guardian. A resource family shall demonstrate all of the following: |
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| 371 | | - | |
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| 372 | | - | (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. |
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| 373 | | - | |
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| 374 | | - | (B) An understanding of childrens needs and development, effective parenting skills or knowledge about parenting, and the capacity to act as a reasonable, prudent parent in day-to-day decisionmaking. |
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| 375 | | - | |
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| 376 | | - | (C) An understanding of the role of the individual or family as a resource family and the capacity to work cooperatively with the agency agency, birth family, as appropriate, other resource families, and other service providers in implementing the childs caseplan. plan and supporting transitions in placement settings or permanency. |
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| 377 | | - | |
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| 378 | | - | (D) The financial ability within the household to ensure the stability and financial security of the family. This requirement may be waived for relative and nonrelative extended family member resource families on a case-by-case basis. For purposes of this subparagraph, there is no minimum income requirement and an applicant who will rely on the funding described in subdivision (l) to meet additional household expenses incurred due to the placement of a child shall not, for this reason, be denied approval as a resource family. |
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| 379 | | - | |
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| 380 | | - | (E) (i)An ability and willingness to provide a family setting that promotes normal childhood experiences that serves the needs of the child. |
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| 381 | | - | |
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| 382 | | - | (F) An ability and willingness to meet the needs of the child regardless of the childs sexual orientation, gender identity, or gender expression, and that, should difficulties around these issues arise, a willingness to obtain resources offered by the county or foster family agency or other available resources to meet those needs. |
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| 383 | | - | |
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| 384 | | - | (2) For purposes of this article, and unless otherwise specified, references to a child include a nonminor dependent and nonminor former dependent or ward, as defined in subdivision (v) and paragraph (1) of subdivision (aa) of Section 11400. |
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| 385 | | - | |
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| 386 | | - | (3) There is no fundamental right to approval as a resource family. Emergency placement of a child pursuant to Section 309, 319, 361.45, or 727.05, or with a resource family applicant pursuant to subdivision (e), does not entitle an applicant to approval as a resource family. |
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| 387 | | - | |
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| 388 | | - | (4) (A) A resource family shall be considered eligible to provide foster care for children in out-of-home placement and approved for adoption and guardianship. |
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| 389 | | - | |
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| 390 | | - | (B) (i) Notwithstanding subparagraph (A), a county may approve a resource family to care for a specific child, as specified in the written directives or regulations adopted pursuant to this section. Child-specific approval shall be considered if the applicant is a relative or nonrelative extended family member who has an established and significant relationship with a child or a child is already placed in the home of the relative or nonrelative extended family member pursuant to subdivision (e) or Section 309, 319, 361.45, or 727.05. |
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| 391 | | - | |
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| 392 | | - | (ii) When child-specific approval is granted to a relative who has received a criminal records exemption pursuant to clause (iv) of subparagraph (A) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code, the childs placement shall be funded pursuant to Section 11461.3 and the relative shall not be eligible for federal financial participation while the child is placed with them. |
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| 393 | | - | |
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| 394 | | - | (iii) In the case of an Indian child for whom the childs tribe is not exercising its right to approve a home, the county shall apply the prevailing social and cultural standards of the Indian community to resource family approval for that child, as required by subdivision (f) of Section 361.31 and the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.). The department shall engage in the tribal consultation process and develop regulations to implement this clause. 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 this clause through all-county letters or other similar instruction, and provide guidance to counties regarding consistent implementation of this clause. |
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| 395 | | - | |
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| 396 | | - | (5) For purposes of this article, resource family approval means that the applicant or resource family successfully meets the home environment assessment and permanency assessment standards. This approval is in lieu of a foster family home license issued pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code, a certificate of approval issued by a licensed foster family agency, as described in subdivision (b) of Section 1506 of the Health and Safety Code, relative or nonrelative extended family member approval, guardianship approval, and the adoption home study approval. |
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| 397 | | - | |
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| 398 | | - | (6) Approval of a resource family does not guarantee an initial, continued, or adoptive placement of a child with a resource family or with a relative or nonrelative extended family member. Approval of a resource family does not guarantee the establishment of a legal guardianship of a child with a resource family. |
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| 399 | | - | |
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| 400 | | - | (7) (A) Notwithstanding paragraphs (1) to (6), inclusive, the county shall, consistent with Sections 1520.3 and 1558.1 of the Health and Safety Code, cease any further review of an application if the applicant has had a previous application denial by the department or a county within the preceding year, or if the applicant has had a previous rescission, revocation, or exemption denial or exemption rescission by the department or a county within the preceding two years. |
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| 401 | | - | |
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| 402 | | - | (B) Notwithstanding subparagraph (A), the county may continue to review an application if it has determined that the reasons for the previous denial, rescission, or revocation were due to circumstances and conditions that either have been corrected or are no longer in existence. If an individual was excluded from a resource family home or facility licensed by the department, the county shall cease review of the individuals application unless the excluded individual has been reinstated pursuant to subdivision (g) of Section 16519.6 of this code or pursuant to Section 1569.53, subdivision (h) of Section 1558, subdivision (h) of Section 1569.58, or subdivision (h) of Section 1596.8897, of the Health and Safety Code. |
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| 403 | | - | |
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| 404 | | - | (C) (i) The county may cease any further review of an application if, after written notice to the applicant, the applicant fails to complete an application without good faith effort and within 30 days of the date of the notice, as specified in the written directives or regulations adopted pursuant to this section. |
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| 405 | | - | |
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| 406 | | - | (ii) Clause (i) does not apply if a child is placed with the applicant pursuant to Section 309, 361.45, 727.05, or paragraph (1) of subdivision (e) of Section 16519.5. |
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| 407 | | - | |
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| 408 | | - | (D) The cessation of an application review pursuant to this paragraph does not constitute a denial of the application for purposes of this section or any other law. |
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| 409 | | - | |
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| 410 | | - | (E) For purposes of this section, the date of a previous denial, rescission, revocation, exemption denial or exemption rescission, or exclusion shall be either of the following: |
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| 411 | | - | |
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| 412 | | - | (i) The effective date of a final decision or order upholding a notice of action or exclusion order. |
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| 413 | | - | |
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| 414 | | - | (ii) The date on the notice of the decision to deny, rescind, revoke, or exclude if the notice was not appealed or otherwise constitutes a final decision. |
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| 415 | | - | |
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| 416 | | - | (8) A resource family shall meet the approval standards set forth in this section, and, as applicable, Chapter 6.3 (commencing with Section 18360) of Part 6, to maintain approval. A resource family shall comply with the written directives or regulations adopted pursuant to this section and applicable laws in order to maintain approval. |
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| 417 | | - | |
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| 418 | | - | (9) A resource family may be approved by a county child welfare department or a probation department pursuant to this section or by a foster family agency pursuant to Section 1517 of the Health and Safety Code. |
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| 419 | | - | |
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| 420 | | - | (10) A resource family shall not be licensed to operate a residential facility, as defined in Section 1502 of the Health and Safety Code, a residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, or a residential care facility for persons with chronic life-threatening illnesses, as defined in Section 1568.01 of the Health and Safety Code, on the same premises used as the residence of the resource family. |
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| 421 | | - | |
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| 422 | | - | (11) (A) An applicant who withdraws an application prior to its approval or denial may resubmit the application within 12 months of the withdrawal. |
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| 423 | | - | |
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| 424 | | - | (B) This paragraph does not preclude a county from requiring an applicant to complete an application activity, even if that activity was previously completed. |
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| 425 | | - | |
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| 426 | | - | (d) (1) The department shall adopt standards pertaining to the home environment and permanency assessments of a resource family. |
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| 427 | | - | |
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| 428 | | - | (2) Resource family home environment assessment standards shall include, but not be limited to, all of the following: |
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| 429 | | - | |
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| 430 | | - | (A) (i) (I) A criminal record clearance of each applicant and all adults residing in, or regularly present in, the home, and not exempted from fingerprinting, as set forth in subdivision (b) of Section 1522 of the Health and Safety Code, pursuant to Section 8712 of the Family Code, utilizing a check of the Child Abuse Central Index pursuant to Section 1522.1 of the Health and Safety Code, and receipt of a fingerprint-based state and federal criminal offender record information search response. The criminal history information shall include subsequent notifications pursuant to Section 11105.2 of the Penal Code. |
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| 431 | | - | |
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| 432 | | - | (II) Consideration of any substantiated allegations of child abuse or neglect against the applicant and any other adult residing in, or regularly present in, the home pursuant to Section 1522.1 of the Health and Safety Code. |
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| 433 | | - | |
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| 434 | | - | (III) If the criminal records check indicates that the person has been convicted of an offense described in subparagraph (A) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code, home approval shall be denied unless the person has received a criminal records exemption pursuant to clause (iv) of subparagraph (A) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code. If the criminal records check indicates that the person has been convicted of an offense described in subparagraph (B) or (D) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code, the home shall not be approved unless a criminal record exemption has been granted pursuant to subclause (IV). |
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| 435 | | - | |
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| 436 | | - | (IV) If the resource family parent, applicant, or any other person specified in subclause (I) has been convicted of a crime other than an infraction or arrested for an offense specified in subdivision (e) of Section 1522 of the Health and Safety Code, except for the civil penalty language, the criminal background check provisions specified in subdivisions (d) through (f) of Section 1522 of the Health and Safety Code shall apply. Exemptions from the criminal records clearance requirements set forth in this section may be granted by the department or the county, if that county has been granted permission by the department to issue criminal record 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. |
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| 437 | | - | |
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| 438 | | - | (V) If it is determined, on the basis of the fingerprint images and related information submitted to the Department of Justice, that subsequent to obtaining a criminal record clearance or exemption from disqualification, the person has been convicted of, or is awaiting trial for, a sex offense against a minor, or has been convicted for an offense specified in Section 243.4, 273a, 273ab, 273d, 273g, or 368 of the Penal Code, or a felony, the department or county shall notify the resource family to act immediately to remove or bar the person from entering the resource familys home. The department or county, as applicable, may subsequently grant an exemption from disqualification pursuant to subdivision (g) of Section 1522 of the Health and Safety Code. If the conviction or arrest was for another crime, the resource family shall, upon notification by the department or county, act immediately to either remove or bar the person from entering the resource familys home, or require the person to seek an exemption from disqualification pursuant to subdivision (g) of Section 1522 of the Health and Safety Code. The department or county, as applicable, shall determine if the person shall be allowed to remain in the home until a decision on the exemption from disqualification is rendered. |
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| 439 | | - | |
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| 440 | | - | (ii) For public foster family agencies approving resource families, the criminal records clearance process set forth in clause (i) shall be utilized. |
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| 441 | | - | |
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| 442 | | - | (iii) For private foster family agencies approving resource families, the criminal records clearance process set forth in clause (i) shall be utilized, but the Department of Justice shall disseminate a fitness determination resulting from the federal criminal offender record information search. |
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| 443 | | - | |
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| 444 | | - | (B) A home and grounds evaluation to ensure the health and safety of children. |
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| 445 | | - | |
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| 446 | | - | (C) In addition to the foregoing requirements, the resource family home environment assessment standards shall require the following: |
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| 447 | | - | |
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| 448 | | - | (i) That the applicant demonstrates an understanding of the rights of children in care and the applicants responsibility to safeguard those rights. |
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| 449 | | - | |
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| 450 | | - | (ii) That the total number of children residing in the home of a resource family shall be no more than the total number of children the resource family can properly care for, regardless of status, and shall not exceed six children, unless exceptional circumstances that are documented in the foster childs case file exist to permit a resource family to care for more children, including, but not limited to, the need to place siblings together, consistent with Section 16002. |
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| 451 | | - | |
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| 452 | | - | (iii) That the applicant understands the applicants responsibilities with respect to acting as a reasonable and prudent parent, and maintaining the least restrictive environment that serves the needs of the child. |
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| 453 | | - | |
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| 454 | | - | (3) The resource family permanency assessment standards shall include, but not be limited to, all of the following: |
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| 455 | | - | |
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| 456 | | - | (A) Caregiver training, as described in subdivisions (g) and (h). |
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| 457 | | - | |
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| 458 | | - | (B) A family evaluation, which shall include, but not be limited to, interviews of an applicant to assess the applicants personal history, family dynamic, and need for support or resources, and a risk assessment. |
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| 459 | | - | |
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| 460 | | - | (i) When the applicant is a relative or nonrelative extended family member to an identified child, the family evaluation shall consider the nature of the relationship between the relative or nonrelative extended family member and the child. The relative or nonrelative extended family members expressed desire to only care for a specific child or children shall not be a reason to deny the approval. |
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| 461 | | - | |
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| 462 | | - | (ii) A caregiver risk assessment shall include, but not be limited to, physical and mental health, alcohol and other substance use and abuse, family and domestic violence, and the factors listed in paragraph (1) of subdivision (c). |
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| 463 | | - | |
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| 464 | | - | (iii) A county may review and discuss data contained in the statewide child welfare database with an applicant for purposes of conducting a family evaluation, as specified in the written directives or regulations adopted pursuant to this section. |
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| 465 | | - | |
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| 466 | | - | (C) Completion of any other activities that relate to the ability of an applicant or a resource family to achieve permanency with a child. |
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| 467 | | - | |
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| 468 | | - | (4) (A) For a child placed on an emergency basis pursuant to Section 309, 361.45, or 727.05, the home environment assessment, the permanency assessment, and the written report shall be completed within 120 days of the placement, unless good cause exists based upon the needs of the child. |
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| 469 | | - | |
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| 470 | | - | (B) If additional time is needed to complete the home environment assessment or the permanency assessment, the county shall document the extenuating circumstances for the delay and generate a timeframe for the completion of those assessments. |
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| 471 | | - | |
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| 472 | | - | (C) The county shall report to the department, on a quarterly basis, the number of families with emergency placements whose home environment assessment or permanency assessment goes beyond 120 days and summarize the reasons for these delays. |
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| 473 | | - | |
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| 474 | | - | (e) (1) A county may place a child with a resource family applicant who has successfully completed the home environment assessment prior to completion of a permanency assessment only if a compelling reason for the placement exists based on the needs of the child. |
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| 475 | | - | |
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| 476 | | - | (A) The permanency assessment and the written report described in paragraph (5) of subdivision (g) shall be completed within 120 days of the childs placement in the home, unless good cause exists. |
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| 477 | | - | |
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| 478 | | - | (B) If additional time is needed to comply with subparagraph (A), the county shall document the extenuating circumstances for the delay and generate a timeframe for the completion of the permanency assessment. |
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| 479 | | - | |
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| 480 | | - | (C) The county shall report to the department, on a quarterly basis, the number of applicants for whom the requirements of subparagraph (A) exceed 120 days and summarize the reasons for these delays. |
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| 481 | | - | |
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| 482 | | - | (2) The home environment and permanency assessments, and the written report described in paragraph (5) of subdivision (g), shall be completed within 120 days of a childs placement with a relative or nonrelative extended family member pursuant to Section 309, 361.45, or 727.05, unless good cause exists. |
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| 483 | | - | |
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| 484 | | - | (3) For any placement made pursuant to this subdivision, AFDC-FC funding shall not be available until approval of the resource family has been completed. |
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| 485 | | - | |
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| 486 | | - | (4) A child placed pursuant to this subdivision shall be afforded all the rights set forth in Section 16001.9. |
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| 487 | | - | |
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| 488 | | - | (5) This section does not limit the countys authority to inspect the home of a resource family applicant as often as necessary to ensure the quality of care provided. |
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| 489 | | - | |
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| 490 | | - | (6) This subdivision does not limit the countys obligation under law to assess and give placement consideration to relatives and nonrelative extended family members and to place a child pursuant to Section 309, 361.3, 361.45, 706.6, or 727.1. |
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| 491 | | - | |
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| 492 | | - | (f) The State Department of Social Services shall be responsible for all of the following: |
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| 493 | | - | |
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| 494 | | - | (1) (A) Until regulations are adopted, administering the program through the issuance of written directives that shall have the same force and effect as regulations. Any directive affecting Article 1 (commencing with Section 700) of Chapter 7 of Division 1 of Title 11 of the California Code of Regulations shall be approved by the Department of Justice. The directives shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). |
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| 495 | | - | |
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| 496 | | - | (B) Adopting, amending, or repealing, in accordance with Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code, any reasonable rules, regulations, and standards that may be necessary or proper to carry out the purposes and intent of this article and to enable the department to exercise the powers and perform the duties conferred upon it by this section, consistent with the laws of this state. |
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| 497 | | - | |
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| 498 | | - | (2) Approving and requiring the use of a single standard for resource family approval. |
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| 499 | | - | |
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| 500 | | - | (3) Adopting and requiring the use of standardized documentation for the home environment and permanency assessments of resource families. The department shall permit counties to maintain documentation relating to the resource family approval process in an electronic format. |
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| 501 | | - | |
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| 502 | | - | (4) Adopting core competencies for county staff to participate in the assessment and evaluation of an applicant or resource family. |
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| 503 | | - | |
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| 504 | | - | (5) Requiring counties to monitor county-approved resource families, including, but not limited to, both of the following: |
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| 505 | | - | |
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| 506 | | - | (A) Investigating complaints regarding resource families. |
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| 507 | | - | |
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| 508 | | - | (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. |
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| 509 | | - | |
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| 510 | | - | (6) Ongoing oversight and monitoring of county systems and operations including all of the following: |
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| 511 | | - | |
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| 512 | | - | (A) Reviewing the countys implementation plan and implementation of the program. |
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| 513 | | - | |
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| 514 | | - | (B) Reviewing an adequate number of county-approved resource families in each county to ensure that approval standards are being properly applied. |
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| 515 | | - | |
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| 516 | | - | (i) The review shall include case file documentation and may include onsite inspection of individual resource families. |
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| 517 | | - | |
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| 518 | | - | (ii) The review shall occur on a biennial basis and more frequently if the department becomes aware that a county is experiencing a disproportionate number of complaints against individual resource family homes. |
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| 519 | | - | |
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| 520 | | - | (C) Reviewing county reports of serious complaints and incidents involving 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. |
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| 521 | | - | |
|---|
| 522 | | - | (D) Investigating unresolved complaints against counties. |
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| 523 | | - | |
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| 524 | | - | (E) Requiring corrective action of counties that are not in full compliance with this section. |
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| 525 | | - | |
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| 526 | | - | (7) Excluding a resource family parent, applicant, or other individual from presence in any resource family home, consistent with the established standard for any of the reasons specified in Section 16519.61. |
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| 527 | | - | |
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| 528 | | - | (8) Implementing due process procedures, including, but not limited to, all of the following: |
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| 529 | | - | |
|---|
| 530 | | - | (A) Providing a statewide fair hearing process for application denials, rescissions of approval, exclusion actions, or criminal record exemption denials or rescissions by a county or the department. |
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| 531 | | - | |
|---|
| 532 | | - | (B) Providing an excluded individual with due process pursuant to Section 16519.6. |
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| 533 | | - | |
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| 534 | | - | (C) Amending the departments applicable state hearing procedures and regulations or using the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), when applicable, as necessary for the administration of the program. |
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| 535 | | - | |
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| 536 | | - | (g) Counties shall be responsible for all of the following: |
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| 537 | | - | |
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| 538 | | - | (1) Submitting an implementation plan and consulting with the county probation department in the development of the implementation plan. |
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| 539 | | - | |
|---|
| 540 | | - | (2) Complying with the written directives or regulations adopted pursuant to this section. |
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| 541 | | - | |
|---|
| 542 | | - | (3) Implementing the requirements for resource family approval and utilizing standardized documentation established by the department. A county may maintain documentation relating to the resource family approval process in an electronic format. |
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| 543 | | - | |
|---|
| 544 | | - | (4) Training appropriate staff, including ensuring staff have the education and experience or core competencies necessary to participate in the assessment and evaluation of an applicant or resource family. |
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| 545 | | - | |
|---|
| 546 | | - | (5) (A) Taking the following actions, as applicable, for any of the reasons specified in Section 16519.61: |
|---|
| 547 | | - | |
|---|
| 548 | | - | (i) (I) Approving or denying resource family applications, including preparing a written report that evaluates an applicants capacity to foster, adopt, and provide legal guardianship of a child based on all of the information gathered through the resource family application and assessment processes. |
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| 549 | | - | |
|---|
| 550 | | - | (II) The applicants preference to provide a specific level of permanency, including adoption, guardianship, or, in the case of a relative, placement with a fit and willing relative, shall not be a basis to deny an application. |
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| 551 | | - | |
|---|
| 552 | | - | (ii) Rescinding approvals of resource families. |
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| 553 | | - | |
|---|
| 554 | | - | (iii) When applicable, referring a case to the department for an action to exclude a resource family parent, applicant, or other individual from presence in any resource family home, consistent with the established standard. |
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| 555 | | - | |
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| 556 | | - | (iv) Issuing a temporary suspension order that suspends the resource family approval prior to a hearing when, in the opinion of the county, urgent action is needed to protect a child from physical or mental abuse, abandonment, or any other substantial threat to health or safety. The county shall serve the resource family with the temporary suspension order and a copy of available discovery in the possession of the county, including, but not limited to, affidavits, declarations, names of witnesses, and other evidence upon which the county relied in issuing the temporary suspension order. The temporary suspension order shall be served upon the resource family with a notice of action, and if the matter is to be heard before the Office of Administrative Hearings, an accusation. The temporary suspension order shall list the effective date on the order. |
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| 557 | | - | |
|---|
| 558 | | - | (v) Granting, denying, or rescinding criminal record exemptions. |
|---|
| 559 | | - | |
|---|
| 560 | | - | (B) Providing a resource family parent, applicant, or individual who is the subject of a criminal record exemption denial or rescission with due process pursuant to Section 16519.6. |
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| 561 | | - | |
|---|
| 562 | | - | (C) Notifying the department of any decisions denying an application for resource family approval, rescinding the approval of a resource family, or denying or rescinding a criminal record exemption and, if applicable, notifying the department of the results of an administrative action. |
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| 563 | | - | |
|---|
| 564 | | - | (6) (A) Updating resource family approval biennially and as necessary to address any changes that have occurred in the resource familys circumstances, including, but not limited to, moving to a new home location or commencing operation of a family daycare home, as defined in Section 1596.78 of the Health and Safety Code. |
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| 565 | | - | |
|---|
| 566 | | - | (B) A county shall conduct an announced inspection of a resource family home during the biennial update, and as necessary to address any changes specified in subparagraph (A), in order to ensure that the resource family is conforming to all applicable laws and the written directives or regulations adopted pursuant to this section. |
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| 567 | | - | |
|---|
| 568 | | - | (7) Monitoring resource families through all of the following: |
|---|
| 569 | | - | |
|---|
| 570 | | - | (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. |
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| 571 | | - | |
|---|
| 572 | | - | (B) Requiring resource families to meet the approval standards set forth in this section and to comply with the written directives or regulations adopted pursuant to this section, other applicable laws, and corrective action plans as necessary to correct identified deficiencies. If corrective action is not completed, as specified in the plan, the county may rescind the resource family approval. |
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| 573 | | - | |
|---|
| 574 | | - | (C) Requiring resource families to report any incidents consistent with the reporting requirements pursuant to the written directives or regulations adopted pursuant to this section. |
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| 575 | | - | |
|---|
| 576 | | - | (D) Inspecting resource family homes as often as necessary to ensure the quality of care provided. |
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| 577 | | - | |
|---|
| 578 | | - | (8) (A) Investigating all complaints against a resource family and taking action as necessary, including, but not limited to, investigating any incidents reported about a resource family indicating that the approval standard is not being maintained and inspecting the resource family home. |
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| 579 | | - | |
|---|
| 580 | | - | (B) The childs social worker shall not conduct the investigation into the complaint received concerning a family providing services pursuant to the standards required by subdivision (d). To the extent that adequate resources are available, complaints shall be investigated by a worker who did not conduct the home environment assessment or family evaluation or prepare the written report determining approval of the resource family. |
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| 581 | | - | |
|---|
| 582 | | - | (C) Upon conclusion of the complaint investigation, the final disposition shall be reviewed and approved by a supervising staff member. |
|---|
| 583 | | - | |
|---|
| 584 | | - | (D) The department shall be notified of any serious incidents or serious complaints or any incident that falls within the definition of Section 11165.5 of the Penal Code. If those incidents or complaints result in an investigation, the department shall also be notified as to the status and disposition of that investigation. |
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| 585 | | - | |
|---|
| 586 | | - | (9) Performing corrective action as required by the department. |
|---|
| 587 | | - | |
|---|
| 588 | | - | (10) Assessing county performance in related areas of the California Child and Family Services Review System, and remedying problems identified. |
|---|
| 589 | | - | |
|---|
| 590 | | - | (11) Submitting information and data that the department determines is necessary to study, monitor, and prepare the update specified in paragraph (7) of subdivision (f). |
|---|
| 591 | | - | |
|---|
| 592 | | - | (12) Ensuring resource family applicants and resource families have the necessary knowledge, skills, and abilities to support children of all races, ethnic group identifications, ancestries, national origins, colors, religions, sexes, sexual orientations, gender identities, mental or physical disabilities, or HIV statuses in foster care by completing caregiver training. The training should include a curriculum that supports the role of a resource family in parenting vulnerable children and should be ongoing in order to provide resource families with information on trauma-informed practices and requirements and other topics within the foster care system. |
|---|
| 593 | | - | |
|---|
| 594 | | - | (13) Ensuring that a resource family applicant completes a minimum of 12 hours of preapproval caregiver training. The training shall include, but not be limited to, all of the following courses: |
|---|
| 595 | | - | |
|---|
| 596 | | - | (A) An overview of the child protective and probation systems. |
|---|
| 597 | | - | |
|---|
| 598 | | - | (B) The effects of trauma, including grief and loss, and child abuse and neglect, on child development and behavior, and methods to behaviorally support children impacted by that trauma or child abuse and neglect. |
|---|
| 599 | | - | |
|---|
| 600 | | - | (C) Positive discipline and the importance of self-esteem. |
|---|
| 601 | | - | |
|---|
| 602 | | - | (D) Health issues in foster care. |
|---|
| 603 | | - | |
|---|
| 604 | | - | (E) Accessing services and supports to address education needs, physical, mental, and behavioral health, and substance use disorders, including culturally relevant services. |
|---|
| 605 | | - | |
|---|
| 606 | | - | (F) The rights of a child in foster care and the resource familys responsibility to safeguard those rights, including the right to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status. |
|---|
| 607 | | - | |
|---|
| 608 | | - | (G) Cultural needs of children, including instruction on cultural competency and sensitivity, and related best practices for providing adequate care for children or youth across diverse ethnic and racial backgrounds, as well as children or youth identifying as lesbian, gay, bisexual, or transgender. |
|---|
| 609 | | - | |
|---|
| 610 | | - | (H) Basic instruction on existing laws and procedures regarding the safety of foster youth at school. |
|---|
| 611 | | - | |
|---|
| 612 | | - | (I) Permanence, well-being, and education needs of children. |
|---|
| 613 | | - | |
|---|
| 614 | | - | (J) Child and adolescent development, including sexual orientation, gender identity, and expression. |
|---|
| 615 | | - | |
|---|
| 616 | | - | (K) The role of resource families, including working cooperatively with the child welfare or probation agency, the childs family, other resource families, and other service providers implementing the case plan. plan, to support case plan goals and objectives, including placement transition planning to reduce trauma during transitions to reunification or other placement settings. |
|---|
| 617 | | - | |
|---|
| 618 | | - | (L) The role of a resource family on the child and family team as defined in paragraph (4) of subdivision (a) of Section 16501. |
|---|
| 619 | | - | |
|---|
| 620 | | - | (M) A resource familys responsibility to act as a reasonable and prudent parent, as described in subdivision (c) of Section 1522.44 of the Health and Safety Code, and to provide a family setting that promotes normal childhood experiences and that serves the needs of the child. |
|---|
| 621 | | - | |
|---|
| 622 | | - | (N) An overview of the specialized training identified in subdivision (h). |
|---|
| 623 | | - | |
|---|
| 624 | | - | (O) The information described in subdivision (i) of Section 16521.5. The program may use the curriculum created pursuant to subdivision (h), and described in subdivision (i), of Section 16521.5. |
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| 625 | | - | |
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| 626 | | - | (P) Information on providing care and supervision to children who have been commercially sexually exploited or who have been victims of child labor trafficking. For purposes of this subparagraph, information may include, but not be limited to, informational pamphlets addressing the identification of victims of commercial sexual exploitation and child labor trafficking and the provision of existing resources, including crisis hotline numbers, survivor and caregiver supports, and contact information for law enforcement entities. |
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| 627 | | - | |
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| 628 | | - | (14) Ensuring resource families complete a minimum of eight hours of caregiver training annually, a portion of which shall be from subparagraph (M) of paragraph (13) and from one or more of the other topics listed in paragraph (13). |
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| 629 | | - | |
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| 630 | | - | (15) (A) (i) Ensuring that resource families complete cardiopulmonary resuscitation (CPR) training and first aid training, or demonstrate equivalent certification, no later than 90 days following resource family approval. |
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| 631 | | - | |
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| 632 | | - | (ii) A resource family parent who has a certificate of completion for Basic Life Support (BLS) for health care professionals, or Pediatric Advanced Life Support (PALS), or a higher standard of training that certifies CPR, and for whom the certification is currently active, is exempt from completing the resource family approval CPR training requirement as described in clause (i), upon demonstrating proof of certification of completion and until the date the certification expires. |
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| 633 | | - | |
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| 634 | | - | (iii) A resource family parent who has active and unrestricted licensure as a health care professional, issued by the Department of Consumer Affairs or the Emergency Medical Services Authority, is exempt from completing the resource family approval first aid training requirement as described in clause (i), upon demonstrating proof of active and unrestricted licensure and until the date the licensure expires. |
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| 635 | | - | |
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| 636 | | - | (B) (i) Ensuring that resource families, prior to expiration of the CPR and first aid certificates, obtain training to remain certified in CPR and first aid, or demonstrate equivalent certification, and submit copies of the certificates verifying completion of the training. |
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| 637 | | - | |
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| 638 | | - | (ii) Clause (i) does not apply to first aid training for a resource family parent who is exempt from the first aid training requirement pursuant to clause (iii) of subparagraph (A). |
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| 639 | | - | |
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| 640 | | - | (16) (A) Ensuring that resource families that care for children who are 10 years of age or older attend, within 12 months of approval as a resource family, a training on understanding how to use best practices for providing care and supervision to children who have been commercially sexually exploited or who have been victims of child labor trafficking. This training shall be survivor informed, culturally relevant and appropriate, and address issues relating to stigma. The training required by this subparagraph shall address all of the following topics: |
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| 641 | | - | |
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| 642 | | - | (i) Recognizing indicators of commercial sexual exploitation and child labor trafficking. |
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| 643 | | - | |
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| 644 | | - | (ii) Harm reduction. |
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| 645 | | - | |
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| 646 | | - | (iii) Trauma-informed care. |
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| 647 | | - | |
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| 648 | | - | (iv) Available county and state resources. |
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| 649 | | - | |
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| 650 | | - | (v) Perspectives of individuals or families who have experiences with commercial sexual exploitation and child labor trafficking. |
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| 651 | | - | |
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| 652 | | - | (B) The information provided in subparagraph (P) of paragraph (13) shall also be provided during the training described in this paragraph. |
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| 653 | | - | |
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| 654 | | - | (C) After completing the training required by subparagraph (A), a resource family shall not be required to attend training relating to children who have been commercially sexually exploited or who have been victims of child labor trafficking, except as required pursuant to subdivision (h). |
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| 655 | | - | |
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| 656 | | - | (D) This section does not prevent an entity from providing the training specified in this paragraph in person, virtually, by recorded means, or by any other available means. |
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| 657 | | - | |
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| 658 | | - | (h) In addition to any training required by this section, a county may require a resource family or applicant to receive relevant specialized training for the purpose of preparing the resource family to meet the needs of a particular child in care. This training may include, but is not limited to, the following: |
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| 659 | | - | |
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| 660 | | - | (1) Understanding how to use best practices for providing care and supervision to commercially sexually exploited children and children who have been victims of child labor trafficking. |
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| 661 | | - | |
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| 662 | | - | (2) Understanding how to use best practices for providing care and supervision to lesbian, gay, bisexual, and transgender children. |
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| 663 | | - | |
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| 664 | | - | (3) Understanding the requirements and best practices regarding psychotropic medications, including, but not limited to, court authorization, benefits, uses, side effects, interactions, assistance with self-administration, misuse, documentation, storage, and metabolic monitoring of children prescribed psychotropic medications. |
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| 665 | | - | |
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| 666 | | - | (4) Understanding the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), its historical significance, the rights of children covered by the act, and the best interests of Indian children, including the role of the caregiver in supporting culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership, and connection to the tribal community and traditions. |
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| 667 | | - | |
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| 668 | | - | (5) Understanding how to use best practices for providing care and supervision to nonminor dependents. |
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| 669 | | - | |
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| 670 | | - | (6) Understanding how to use best practices for providing care and supervision to children with special health care needs. |
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| 671 | | - | |
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| 672 | | - | (7) Understanding the different permanency options and the services and benefits associated with the options. |
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| 673 | | - | |
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| 674 | | - | (i) This section does not preclude a county from requiring training in excess of the requirements in this section. |
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| 675 | | - | |
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| 676 | | - | (j) (1) Resource families who move home locations shall retain their resource family status pending the outcome of the update conducted pursuant to paragraph (6) of subdivision (g). |
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| 677 | | - | |
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| 678 | | - | (2) (A) If a resource family moves from one county to another county, the department, or the county to which a resource family has moved, shall submit a written request to the Department of Justice to transfer the individuals subsequent arrest notification, as specified in subdivision (h) of Section 1522 of the Health and Safety Code. |
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| 679 | | - | |
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| 680 | | - | (B) A request to transfer a subsequent arrest notification shall contain all prescribed data elements and format protocols pursuant to a written agreement between the department and the Department of Justice. |
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| 681 | | - | |
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| 682 | | - | (3) Subject to the requirements in paragraph (1), the resource family shall continue to be approved for guardianship and adoption. This subdivision shall not limit a county, foster family agency, or adoption agency from determining that the family is not approved for guardianship or adoption based on changes in the familys circumstances or family evaluation. |
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| 683 | | - | |
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| 684 | | - | (k) Implementation of the program shall be contingent upon the continued availability of federal Social Security Act Title IV-E (42 U.S.C. Sec. 670) funds for costs associated with placement of children with resource families assessed and approved pursuant to the program. |
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| 685 | | - | |
|---|
| 686 | | - | (l) A child placed with a resource family is eligible for the resource family basic rate, pursuant to Sections 11460, 11461, 11461.3, and 11463, at the childs assessed level of care. |
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| 687 | | - | |
|---|
| 688 | | - | (m) Sharing ratios for nonfederal expenditures for all costs associated with activities related to the approval of relatives and nonrelative extended family members shall be in accordance with Section 10101. |
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| 689 | | - | |
|---|
| 690 | | - | (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. |
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| 691 | | - | |
|---|
| 692 | | - | (o) Except as provided, resource families shall be exempt from both of the following: |
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| 693 | | - | |
|---|
| 694 | | - | (1) Licensure requirements established pursuant to the California Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code) and all regulations promulgated to implement the act. |
|---|
| 695 | | - | |
|---|
| 696 | | - | (2) Relative and nonrelative extended family member approval requirements as those approval requirements existed prior to January 1, 2017. |
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| 697 | | - | |
|---|
| 698 | | - | (p) (1) Early implementation counties shall be authorized to continue through December 31, 2016. The program shall be implemented by each county on or before January 1, 2017. |
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| 699 | | - | |
|---|
| 700 | | - | (2) (A) (i) On and after January 1, 2017, a county to which the department has delegated its licensing authority pursuant to Section 1511 of the Health and Safety Code shall approve resource families in lieu of licensing foster family homes. |
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| 701 | | - | |
|---|
| 702 | | - | (ii) Notwithstanding clause (i), the existing licensure and oversight processes shall continue to be administered for foster family homes licensed prior to January 1, 2017, or as specified in subparagraph (C), until the license is revoked or forfeited by operation of law pursuant to Section 1517.1 of the Health and Safety Code. |
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| 703 | | - | |
|---|
| 704 | | - | (B) (i) On and after January 1, 2017, a county shall approve resource families in lieu of approving relative and nonrelative extended family members. |
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| 705 | | - | |
|---|
| 706 | | - | (ii) Notwithstanding clause (i), the existing approval and oversight processes shall continue to be administered for relatives and nonrelative extended family members approved prior to January 1, 2017, or as specified in subparagraph (C), until the approval is revoked or forfeited by operation of law pursuant to this section. |
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| 707 | | - | |
|---|
| 708 | | - | (C) Notwithstanding subparagraph (D), a county shall approve or deny all applications for foster family home licenses and requests for relative or nonrelative extended family member approvals received on or before December 31, 2016, in accordance with Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code or provisions providing for the approval of relatives or nonrelative extended family members, as applicable. |
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| 709 | | - | |
|---|
| 710 | | - | (D) On and after January 1, 2017, a county shall not accept applications for foster family home licenses or requests to approve relatives or nonrelative extended family members. |
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| 711 | | - | |
|---|
| 712 | | - | (3) No later than July 1, 2019, each county shall provide the following information to all licensed foster family homes and approved relatives and nonrelative extended family members licensed or approved by the county: |
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| 713 | | - | |
|---|
| 714 | | - | (A) A detailed description of the resource family approval program. |
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| 715 | | - | |
|---|
| 716 | | - | (B) Notification that, in order to care for a foster child, resource family approval is required by December 31, 2020. |
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| 717 | | - | |
|---|
| 718 | | - | (C) Notification that a foster family home license and an approval of a relative or nonrelative extended family member shall be forfeited by operation of law, as specified in paragraph (8). |
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| 719 | | - | |
|---|
| 720 | | - | (4) The following applies to all licensed foster family homes and approved relative and nonrelative extended family members: |
|---|
| 721 | | - | |
|---|
| 722 | | - | (A) A licensed foster family home or an approved relative or nonrelative extended family member with an approved adoptive home study completed prior to January 1, 2018, shall be deemed to be a resource family. |
|---|
| 723 | | - | |
|---|
| 724 | | - | (B) A licensed foster family home or an approved relative or nonrelative extended family member who had a child in placement at any time between January 1, 2017, and December 31, 2017, inclusive, may be approved as a resource family on the date of successful completion of a family evaluation. |
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| 725 | | - | |
|---|
| 726 | | - | (C) A licensed foster family home that provided county-authorized respite services at any time between January 1, 2017, and December 31, 2017, inclusive, may be approved as a resource family on the date of successful completion of a family evaluation. |
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| 727 | | - | |
|---|
| 728 | | - | (5) A county may provide supportive services to all licensed foster family homes, relatives, and nonrelative extended family members with a child in placement to assist with the resource family transition and to minimize placement disruptions. |
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| 729 | | - | |
|---|
| 730 | | - | (6) (A) In order to approve a licensed foster family home or approved relative or nonrelative extended family member as a resource family pursuant to paragraph (4), a county shall submit a written request to the Department of Justice to transfer any subsequent arrest and Child Abuse Central Index notifications, as specified in subdivision (h) of Section 1522 of the Health and Safety Code. |
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| 731 | | - | |
|---|
| 732 | | - | (B) A request to transfer a subsequent arrest notification shall contain all prescribed data elements and format protocols pursuant to a written agreement between the department and the Department of Justice. |
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| 733 | | - | |
|---|
| 734 | | - | (7) An individual who is a member of a resource family approved pursuant to subparagraph (B) or (C) of paragraph (4) shall be fingerprinted pursuant to Section 8712 of the Family Code upon filing an application for adoption. |
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| 735 | | - | |
|---|
| 736 | | - | (8) All foster family licenses and approvals of relatives and nonrelative extended family members shall be forfeited by operation of law on December 31, 2020, except as provided in this paragraph or Section 1524 of the Health and Safety Code: |
|---|
| 737 | | - | |
|---|
| 738 | | - | (A) All licensed foster family homes that did not have a child in placement or did not provide county-authorized respite services at any time between January 1, 2017, and December 31, 2017, inclusive, shall forfeit the license by operation of law on January 1, 2018. |
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| 739 | | - | |
|---|
| 740 | | - | (B) For foster family home licensees and approved relatives or nonrelative extended family members who have a pending resource family application on December 31, 2020, the foster family home license or relative and nonrelative extended family member approval shall be forfeited by operation of law upon approval as a resource family. If approval is denied, forfeiture by operation of law shall occur on the date of completion of any proceedings required by law to ensure due process. |
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| 741 | | - | |
|---|
| 742 | | - | (C) A foster family home license shall be forfeited by operation of law, pursuant to Section 1517.1 of the Health and Safety Code, upon approval as a resource family. |
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| 743 | | - | |
|---|
| 744 | | - | (D) Approval as a relative or nonrelative extended family member shall be forfeited by operation of law upon approval as a resource family. |
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| 745 | | - | |
|---|
| 746 | | - | (q) On and after January 1, 2017, all licensed foster family agencies shall approve resource families in lieu of certifying foster homes, as set forth in Section 1517 of the Health and Safety Code. |
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| 747 | | - | |
|---|
| 748 | | - | (r) The department may establish participation conditions, and select and authorize foster family agencies that voluntarily submit implementation plans and revised plans of operation in accordance with requirements established by the department, to approve resource families in lieu of certifying foster homes. |
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| 749 | | - | |
|---|
| 750 | | - | (1) Notwithstanding any other law, a participating foster family agency shall require resource families to meet and maintain the resource family approval standards and requirements set forth in this chapter and in the written directives adopted consistent with the chapter prior to approval and in order to maintain approval. |
|---|
| 751 | | - | |
|---|
| 752 | | - | (2) A participating foster family agency shall implement the resource family approval program pursuant to Section 1517 of the Health and Safety Code. |
|---|
| 753 | | - | |
|---|
| 754 | | - | (3) This section does not limit the authority of the department to inspect, evaluate, or investigate a complaint or incident, or initiate a disciplinary action against a foster family agency pursuant to Article 5 (commencing with Section 1550) of Chapter 3 of Division 2 of the Health and Safety Code, or to take any action it may deem necessary for the health and safety of children placed with the foster family agency. |
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| 755 | | - | |
|---|
| 756 | | - | (4) The department may adjust the foster family agency AFDC-FC rate pursuant to Section 11463 for implementation of this subdivision. |
|---|
| 757 | | - | |
|---|
| 758 | | - | (5) This subdivision is inoperative on January 1, 2017. |
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| 759 | | - | |
|---|
| 760 | | - | (s) The department or a county is authorized to obtain any arrest or conviction records or reports from any court or law enforcement agency as necessary to the performance of its duties, as provided in this section or subdivision (e) of Section 1522 of the Health and Safety Code. |
|---|
| 761 | | - | |
|---|
| 762 | | - | (t) A resource family approved pursuant to this section shall forfeit its approval concurrent with resource family approval by a foster family agency. |
|---|
| 763 | | - | |
|---|
| 764 | | - | SEC. 6. To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution. |
|---|
| 765 | | - | |
|---|
| 766 | | - | SEC. 6. To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution. |
|---|
| 767 | | - | |
|---|
| 768 | | - | SEC. 6. To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution. |
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| 769 | | - | |
|---|
| 770 | | - | ### SEC. 6. |
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| 771 | | - | |
|---|
| 772 | | - | |
|---|
| 773 | | - | |
|---|
| 774 | | - | |
|---|
| 775 | | - | |
|---|
| 776 | | - | (a)The state, through the department and county welfare departments, shall establish and support a public system of statewide child welfare services to be developed as rapidly as possible and to be available in each county of the state. All counties shall establish and maintain specialized organizational entities within the county welfare department, which shall have sole responsibility for the operation of the child welfare services program. |
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| 60 | + | The |
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