Welfare and Institutions Code — Part 16 | WIC — United States — California law | Esheria

Welfare and Institutions Code

Part 16 of 35 · provisions 3,001–3,200

This section says the act is to be known as the Welfare and Institutions Code.

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The Department of the Youth Authority may establish, maintain, or help develop regional centers for counties’ alternative placement options. When a California law mentions “Whittier State School,” it must be read as referring to Fred C. Nelles School for Boys. This section defines “Youth Authority,” “authority,” “the authority,” and “board” for this chapter. This provision states the purpose of the division: to provide protection, care, and assistance to people in need, and to promote welfare through prompt, humane aid and services without discrimination. This section states the purposes of public social services funded by state grants-in-aid to counties.

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Provisions of Welfare and Institutions Code

Showing 200 of 6,925

  1. 15854.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 3. County Children’s Health Initiative Program [15850 - 15864] ( Heading of Chapter 3 amended by Stats. 2023, Ch. 266, Sec. 8. )

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    The department may choose not to impose subscriber contributions for coverage, but if it does so or later reinstates them, it must state that election in the published Medi-Cal Local Assistance Estimate.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 3. County Children’s Health Initiative Program [15850 - 15864] ( Heading of Chapter 3 amended by Stats. 2023, Ch. 266, Sec. 8. ) ## 15854.5. (a) Effective July 1, 2022, to the extent allowable under federal law, and notwithstanding the provisions of this chapter to the contrary, the department may elect not to impose subscriber contributions for purposes of coverage as described in this chapter for an applicable coverage period. (b) If the department elects to not impose subscriber contributions for an applicable coverage period pursuant to subdivision (a) or elects to reinstate such subscriber contributions for a subsequent coverage period, the department shall specify that election in the published Medi-Cal Local Assistance Estimate for the impacted state fiscal year or years, subject to appropriation by the annual Budget Act. (Added by Stats. 2022, Ch. 47, Sec. 142. (SB 184) Effective June 30, 2022.)
  2. 15855.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 3. County Children’s Health Initiative Program [15850 - 15864] ( Heading of Chapter 3 amended by Stats. 2023, Ch. 266, Sec. 8. )

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    The department must review each funding proposal and then approve or reject it using the criteria in Section 15854.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 3. County Children’s Health Initiative Program [15850 - 15864] ( Heading of Chapter 3 amended by Stats. 2023, Ch. 266, Sec. 8. ) ## 15855. The department shall review each funding proposal submitted by an applicant in accordance with the criteria described in Section 15854 and based on that criteria, approve or reject the proposal. (Added by Stats. 2014, Ch. 31, Sec. 89. (SB 857) Effective June 20, 2014. Section operative July 1, 2014, pursuant to Section 15864.)
  3. 15856.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 3. County Children’s Health Initiative Program [15850 - 15864] ( Heading of Chapter 3 amended by Stats. 2023, Ch. 266, Sec. 8. )

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    The department may reimburse approved applicants, audit program expenses, and recoup disallowed amounts; applicants must submit a funding plan when needed and provide required funding details.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 3. County Children’s Health Initiative Program [15850 - 15864] ( Heading of Chapter 3 amended by Stats. 2023, Ch. 266, Sec. 8. ) ## 15856. (a) Upon its approval of a proposal that shall include any allowable amount of federal funds under Title XXI of the Social Security Act (42 U.S.C. Sec. 1397aa et seq.), the department may provide the applicant reimbursement in an amount equal to the amount that the applicant will contribute to implement the program described in its proposal, plus the appropriate and allowable amount of federal funds. Not more than 10 percent of the County Health Initiative Matching Fund and matching federal funds shall be expended in any one fiscal year for administrative costs, including the costs to the state to administer the proposal, unless the department permits the expenditure consistent with the availability of federal matching funds not needed for the purposes described in paragraph (3) of subdivision (a) of Section 15862, or unless the department determines that an expenditure for administrative costs has no impact on available federal funding. The department may audit the expenses incurred by the applicant in implementing its program to ensure that the expenditures comply with the provisions of this chapter. No reimbursement may be made to an applicant that fails to meet its financial participation obligation under this chapter. The state’s reasonable startup costs and ongoing costs for administering the program shall be reimbursed by those entities applying for funding. (b) Any program approved pursuant to subdivision (e) of Section 15853 that requires any funding not allowable for a federal match under Title XXI of the Social Security Act shall provide the department with the total amount of funds needed to provide that portion of coverage not eligible for federal matching funds, including reasonable startup costs and ongoing costs for administering the program. (c) Each applicant that is provided funds under this chapter shall submit to the department a plan to limit initial and continuing enrollment in its program in the event the amount of moneys for its program is insufficient to maintain health insurance coverage for those participating in the program. (d) (1) Notwithstanding any other provision of this chapter, the state shall be held harmless, in accordance with paragraphs (2) and (3), from any federal audit disallowance and interest resulting from payments made to a participating applicant pursuant to this section, for the disallowed claim. (2) To the extent that a federal audit disallowance and interest results from a claim or claims for which any participating applicant has received reimbursement for services rendered or other activities performed, the department shall recoup from the participating applicant that submitted the disallowed claim, through offsets or by a direct billing, amounts equal to the amount of the disallowance and interest for the disallowed claim. All subsequent claims submitted to the department applicable to any previously disallowed service, activity, or claim may be held in abeyance, with no payment made, until the federal disallowance issue is resolved. (3) Notwithstanding paragraph (2), to the extent that a federal audit disallowance and interest results from a claim or claims for which the participating applicant has received reimbursement for services rendered or activities performed by an entity under contract with, and on behalf of, the participating applicant, the department shall be held harmless by that particular participating applicant for 100 percent of the amount of the federal audit disallowance and interest for the disallowed claim. (Added by Stats. 2014, Ch. 31, Sec. 89. (SB 857) Effective June 20, 2014. Section operative July 1, 2014, pursuant to Section 15864.)
  4. 15857.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 3. County Children’s Health Initiative Program [15850 - 15864] ( Heading of Chapter 3 amended by Stats. 2023, Ch. 266, Sec. 8. )

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    Covered health plans and health insurers must be licensed by DMHC or DOI, or qualify as a Medi-Cal managed care plan, if they contract to provide health care benefits under this chapter.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 3. County Children’s Health Initiative Program [15850 - 15864] ( Heading of Chapter 3 amended by Stats. 2023, Ch. 266, Sec. 8. ) ## 15857. Each health care service plan, specialized health care service plan, and health insurer that contracts to provide health care benefits under this chapter shall be licensed by the Department of Managed Health Care or the Department of Insurance, or be a Medi-Cal managed care plan. (Added by Stats. 2014, Ch. 31, Sec. 89. (SB 857) Effective June 20, 2014. Section operative July 1, 2014, pursuant to Section 15864.)
  5. 15858.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 3. County Children’s Health Initiative Program [15850 - 15864] ( Heading of Chapter 3 amended by Stats. 2023, Ch. 266, Sec. 8. )

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    The department must administer this chapter and may issue rules, enter contracts, use instructions before regulations are adopted, adopt regulations later, and provide semiannual status reports to the Legislature starting six months after the section’s effective date.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 3. County Children’s Health Initiative Program [15850 - 15864] ( Heading of Chapter 3 amended by Stats. 2023, Ch. 266, Sec. 8. ) ## 15858. (a) The department shall administer the provisions of this chapter and may do all of the following: (1) Administer the expenditure of moneys from the fund. (2) (A) Issue rules and regulations as necessary. (B) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department, without taking any further regulatory action, shall implement, interpret, or make specific this chapter and any applicable federal waivers and state plan amendments by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions until the time regulations are adopted. Thereafter, the department shall adopt regulations in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Beginning six months after the effective date of this section, and notwithstanding Section 10231.5 of the Government Code, the department shall provide a status report to the Legislature pursuant to Section 9795 of the Government Code on a semiannual basis until regulations have been adopted. (3) Enter into contracts. (4) Exercise all powers reasonably necessary to carry out the powers and responsibilities expressly granted or imposed by this chapter. (Added by Stats. 2014, Ch. 31, Sec. 89. (SB 857) Effective June 20, 2014. Section operative July 1, 2014, pursuant to Section 15864.)
  6. 15859.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 3. County Children’s Health Initiative Program [15850 - 15864] ( Heading of Chapter 3 amended by Stats. 2023, Ch. 266, Sec. 8. )

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    The department must pay chapter-administration expenses from the fund or directly by applicants, but it may also accept certain outside funding.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 3. County Children’s Health Initiative Program [15850 - 15864] ( Heading of Chapter 3 amended by Stats. 2023, Ch. 266, Sec. 8. ) ## 15859. All expenses incurred by the department in administering this chapter, including, but not limited to, expenses for developing standards and processes to implement any of the provisions of this chapter, evaluating applications, or processing or granting appeals growing out of any of the provisions of this chapter, shall be paid from the fund or directly by applicants, except that the department may accept funding from a not-for-profit group or foundation, or from a governmental entity providing grants for health-related activities, to administer this chapter. (Added by Stats. 2014, Ch. 31, Sec. 89. (SB 857) Effective June 20, 2014. Section operative July 1, 2014, pursuant to Section 15864.)
  7. 15860.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 3. County Children’s Health Initiative Program [15850 - 15864] ( Heading of Chapter 3 amended by Stats. 2023, Ch. 266, Sec. 8. )

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    This section says the chapter does not create a right to health insurance coverage or health care benefits, and it limits state liability and costs, except as provided in Section 15850.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 3. County Children’s Health Initiative Program [15850 - 15864] ( Heading of Chapter 3 amended by Stats. 2023, Ch. 266, Sec. 8. ) ## 15860. Nothing in this chapter creates a right or an entitlement to the provision of health insurance coverage or health care benefits. Except as provided in Section 15850.5, no costs shall accrue to the state for the provision of these services. The state shall not be liable beyond the assets of the fund for any obligation incurred or liabilities sustained by applicants in the operation of the fund or of the projects authorized by this chapter. (Added by Stats. 2014, Ch. 31, Sec. 89. (SB 857) Effective June 20, 2014. Section operative July 1, 2014, pursuant to Section 15864.)
  8. 15861.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 3. County Children’s Health Initiative Program [15850 - 15864] ( Heading of Chapter 3 amended by Stats. 2023, Ch. 266, Sec. 8. )

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    The department must seek federal waivers or file state plan amendments when needed to obtain federal financial participation for approved projects.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 3. County Children’s Health Initiative Program [15850 - 15864] ( Heading of Chapter 3 amended by Stats. 2023, Ch. 266, Sec. 8. ) ## 15861. To the extent necessary to obtain federal financial participation for projects approved pursuant to this chapter, the department shall apply for one or more waivers or shall file state plan amendments pursuant to the federal State Children’s Health Insurance Program (Subchapter 21 (commencing with Section 1397aa) of Chapter 7 of Title 42 of the United States Code) to allow a county agency, local initiative, or county organized health system to apply for matching funds through the federal State Children’s Health Insurance Program (Subchapter 21 (commencing with Section 1397aa) of Chapter 7 of Title 42 of the United States Code) using local funds for the state matching funds. (Added by Stats. 2014, Ch. 31, Sec. 89. (SB 857) Effective June 20, 2014. Section operative July 1, 2014, pursuant to Section 15864.)
  9. 15862.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 3. County Children’s Health Initiative Program [15850 - 15864] ( Heading of Chapter 3 amended by Stats. 2023, Ch. 266, Sec. 8. )

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    This chapter applies only if specified funding and federal approval conditions are met, and the department may accept certain outside funding for waiver or plan amendment preparation if it is eligible for federal participation.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 3. County Children’s Health Initiative Program [15850 - 15864] ( Heading of Chapter 3 amended by Stats. 2023, Ch. 266, Sec. 8. ) ## 15862. (a) The provisions of this chapter shall be implemented only if all of the following conditions are met: (1) Federal financial participation is available for this purpose. (2) Federal participation is approved. (3) The department determines that federal funds under Title XXI of the Social Security Act remain available after providing funds for all current enrollees and eligible children that are likely to enroll in the optional targeted low-income children group and, to the extent funded through the federal Children’s Health Insurance Program (Subchapter 21 (commencing with Section 1397aa) of Chapter 7 of Title 42 of the United States Code), the Medi-Cal Access program and Medi-Cal program, as determined by a Department of Finance estimate. (4) Funds are appropriated specifically for this purpose. (b) The department may accept funding necessary for the preparation of the federal waiver applications or state plan amendments described in Section 15861 from a not-for-profit group or foundation, but only to the extent that the funding may be eligible for federal financial participation. (Amended by Stats. 2015, Ch. 303, Sec. 625. (AB 731) Effective January 1, 2016.)
  10. 15863.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 3. County Children’s Health Initiative Program [15850 - 15864] ( Heading of Chapter 3 amended by Stats. 2023, Ch. 266, Sec. 8. )

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    The state is generally protected from federal disallowance and related expenses under this chapter, except when the department acts under Section 15850.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 3. County Children’s Health Initiative Program [15850 - 15864] ( Heading of Chapter 3 amended by Stats. 2023, Ch. 266, Sec. 8. ) ## 15863. The state shall be held harmless for any federal disallowance resulting from this chapter and any other expenses or liabilities, including, but not limited to, the cost of processing or granting appeals, unless the department is acting pursuant to Section 15850.5. An applicant receiving supplemental reimbursement pursuant to this chapter shall be liable for any reduced federal financial participation, and any other expenses or liabilities, including, but not limited to, the costs of processing or granting appeals, resulting from the implementation of this chapter with respect to that applicant. The state may recoup any federal disallowance from the applicant for which it can be held harmless. (Added by Stats. 2014, Ch. 31, Sec. 89. (SB 857) Effective June 20, 2014. Section operative July 1, 2014, pursuant to Section 15864.)
  11. 15864.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 3. County Children’s Health Initiative Program [15850 - 15864] ( Heading of Chapter 3 amended by Stats. 2023, Ch. 266, Sec. 8. )

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    This chapter becomes operative on July 1, 2014.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 3. County Children’s Health Initiative Program [15850 - 15864] ( Heading of Chapter 3 amended by Stats. 2023, Ch. 266, Sec. 8. ) ## 15864. This chapter shall become operative on July 1, 2014. (Added by Stats. 2014, Ch. 31, Sec. 89. (SB 857) Effective June 20, 2014. Note: This section prescribes a delayed operative date (July 1, 2014) for Chapter 3, commencing with Section 15850.)
  12. 15870.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 1. General [15870 - 15872.5] ( Article 1 added by Stats. 2014, Ch. 31, Sec. 90. )

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    This section defines key terms for the California Major Risk Medical Insurance Program and requires a federally recognized California Indian tribal government that pays a subscriber contribution on a member’s behalf to make sure the subscriber knows all available health plan options in the county where the member lives.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 1. General [15870 - 15872.5] ( Article 1 added by Stats. 2014, Ch. 31, Sec. 90. ) ## 15870. For the purposes of this chapter, the following terms have the following meanings: (a) “Applicant” means an individual who applies for major risk medical coverage through the program. (b) “Department” means the State Department of Health Care Services. (c) “Exchange” means the California Health Benefit Exchange established pursuant to Section 100500 of the Government Code. (d) “Fund” means the Major Risk Medical Insurance Fund, from which the department may authorize expenditures to pay for medically necessary services which exceed subscribers’ contributions, and for administration of the program. (e) “Major risk medical coverage” means the payment for medically necessary services provided by institutional and professional providers. (f) “Participating health plan” means either of the following entities that contracts with the department to administer major risk medical coverage to program subscribers: (1) A private insurer holding a valid outstanding certificate of authority from the Insurance Commissioner. (2) A health care service plan as defined under subdivision (f) of Section 1345 of the Health and Safety Code. (g) “Plan rates” means the total monthly amount charged by a participating health plan for a category of risk. (h) “Program” means the California Major Risk Medical Insurance Program. (i) “Subscriber” means an individual who is eligible for and receives major risk medical coverage through the program, and includes a member of a federally recognized California Indian tribe. (j) “Subscriber contribution” means the portion of participating health plan rates paid by the subscriber, or paid on behalf of the subscriber by a federally recognized California Indian tribal government. If a federally recognized California Indian tribal government makes a contribution on behalf of a member of the tribe, the tribal government shall ensure that the subscriber is made aware of all the health plan options available in the county where the member resides. (Added by Stats. 2014, Ch. 31, Sec. 90. (SB 857) Effective June 20, 2014. Section operative July 1, 2014, pursuant to Section 15872.5.)
  13. 15872.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 1. General [15870 - 15872.5] ( Article 1 added by Stats. 2014, Ch. 31, Sec. 90. )

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    The California Major Risk Medical Insurance Program is established and must be administered by the department.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 1. General [15870 - 15872.5] ( Article 1 added by Stats. 2014, Ch. 31, Sec. 90. ) ## 15872. The California Major Risk Medical Insurance Program is hereby established within, and shall be administered by, the department. (Added by Stats. 2014, Ch. 31, Sec. 90. (SB 857) Effective June 20, 2014. Section operative July 1, 2014, pursuant to Section 15872.5.)
  14. 15872.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 1. General [15870 - 15872.5] ( Article 1 added by Stats. 2014, Ch. 31, Sec. 90. )

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    This chapter becomes operative on July 1, 2014.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 1. General [15870 - 15872.5] ( Article 1 added by Stats. 2014, Ch. 31, Sec. 90. ) ## 15872.5. This chapter shall become operative on July 1, 2014. (Added by Stats. 2014, Ch. 31, Sec. 90. (SB 857) Effective June 20, 2014. Note: This section prescribes a delayed operative date (July 1, 2014) for Chapter 4, comprising Sections 15870 to 15895.5.)
  15. 15873.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 2. Powers and Duties [15873 - 15877] ( Article 2 added by Stats. 2014, Ch. 31, Sec. 90. )

    Verify source ↗

    The department has authority to run the program, set eligibility and coverage, approve contributions and rates, contract for administration, issue regulations, and report to the Legislature semiannually starting six months after the section’s effective date until regulations are adopted.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 2. Powers and Duties [15873 - 15877] ( Article 2 added by Stats. 2014, Ch. 31, Sec. 90. ) ## 15873. The department shall have the authority: (a) To establish eligibility criteria, notwithstanding Section 15884, and determine the eligibility of applicants. (b) To determine the major risk medical coverage to be provided to program subscribers. (c) To research and assess the needs of persons not adequately covered by existing private and public health care delivery systems and promote means of assuring the availability of adequate health care services. (d) To approve subscriber contributions, and plan rates, and establish program contribution amounts. (e) To provide major risk medical coverage for subscribers or to contract with a participating health plan or plans or other vendor to provide or administer major risk medical coverage for subscribers. (f) To authorize expenditures from the fund to pay program expenses which exceed subscriber contributions. (g) To contract for administration of the program or any portion thereof with any public agency, including any agency of state government, or with any private entity. (h) (1) To issue rules and regulations to carry out the purposes of this chapter. (2) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department, without taking any further regulatory action, shall implement, interpret, or make specific this section and any applicable federal waivers and state plan amendments by means of plan letters, plan or provider bulletins, or similar instructions until the time regulations are adopted. Thereafter, the department shall adopt regulations in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Beginning six months after the effective date of this section, and notwithstanding Section 10231.5 of the Government Code, the department shall provide a status report to the Legislature pursuant to Section 9795 of the Government Code on a semiannual basis until regulations have been adopted. (i) To authorize expenditures from the fund or from other moneys appropriated in the annual Budget Act for purposes relating to Section 10127.16 of the Insurance Code, and Section 1373.622 of the Health and Safety Code. (j) To exercise all powers reasonably necessary to carry out the powers and responsibilities expressly granted or imposed upon it under this chapter. (Added by Stats. 2014, Ch. 31, Sec. 90. (SB 857) Effective June 20, 2014. Section operative July 1, 2014, pursuant to Section 15872.5.)
  16. 15876.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 2. Powers and Duties [15873 - 15877] ( Article 2 added by Stats. 2014, Ch. 31, Sec. 90. )

    Verify source ↗

    Plan rates for approved major risk medical benefits must not be excessive, inadequate, or unfairly discriminatory.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 2. Powers and Duties [15873 - 15877] ( Article 2 added by Stats. 2014, Ch. 31, Sec. 90. ) ## 15876. Plan rates for major risk medical benefits approved for the program shall not be excessive, inadequate, or unfairly discriminatory, but shall be adequate to pay anticipated costs of claims or services and administration. (Added by Stats. 2014, Ch. 31, Sec. 90. (SB 857) Effective June 20, 2014. Section operative July 1, 2014, pursuant to Section 15872.5.)
  17. 15877.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 2. Powers and Duties [15873 - 15877] ( Article 2 added by Stats. 2014, Ch. 31, Sec. 90. )

    Verify source ↗

    The department and participating health plans must notify program subscribers about the coverage transition, and the Exchange and recipients of its information must keep it confidential and limited in use.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 2. Powers and Duties [15873 - 15877] ( Article 2 added by Stats. 2014, Ch. 31, Sec. 90. ) ## 15877. (a) The department shall direct the participating health plans to inform all program subscribers of the December 31, 2024, transition of coverage as follows: (1) (A) On August 1, 2024, the participating health plans shall send an initial notification to all program subscribers. The initial notice will inform subscribers of all of the following: (i) That a plan-based enroller shall assist the subscriber in applying to Medi-Cal or through the California Health Benefit Exchange for other health care coverage. (ii) That assistance may be available through the California Health Benefit Exchange or clinic navigators and how to obtain that assistance. (iii) Information regarding where and how subscribers can apply to the California Health Benefit Exchange for alternate health care coverage. (B) If a participating health plan has plan-based enrollers through the California Health Benefit Exchange, the plan shall direct the plan-based enrollers to assist the subscribers in understanding their coverage options. (C) Assistance to subscribers by plans shall provide information on continuity with an existing provider to the extent possible. (2) On October 1, 2024, the participating health plans shall send a second notification informing all program subscribers that coverage shall transition on December 31, 2024, for those who are eligible for other coverage, and the notice shall include all of the information that was included in the initial notification sent on August 1, 2024. (3) On December 1, 2024, the participating health plans shall send a third notification informing all program subscribers that coverage shall transition on December 31, 2024, for those who are eligible for other coverage, and the notice shall include all of the information that was included in the initial notification sent on August 1, 2024. (b) (1) Upon request from the California Health Benefit Exchange, the department may disclose information to the Exchange to assist program subscribers to transition into new coverage pursuant to this section. (2) The Exchange may disclose information obtained from the department to outreach and marketing vendors under contract to the Exchange. (3) The Exchange shall not disclose information obtained from the department to a certified insurance agent, a certified enrollment counselor, or any other entity without the consent of the applicant, except as provided in paragraph (2). (4) Any outreach and marketing conducted pursuant to this section shall include, in a conspicuous and easy-to-access manner, the ability for individuals to decline all future outreach and marketing. (5) The Exchange shall take all necessary measures to safeguard the confidentiality of any information obtained from the department and shall at no time use or disclose that information for any purpose other than to market and publicize the availability of health care coverage through the Exchange to individuals whose information the Exchange receives pursuant to subdivision (c). The Exchange shall at all times only request, use, or disclose the minimum amount of information necessary to accomplish the purposes for which it was obtained. (6) A person or entity that receives information from the Exchange pursuant to this section shall take all necessary measures to safeguard the confidentiality of any information obtained from the Exchange and shall at no time use or disclose that information for any purpose other than to market and publicize the availability of health care coverage through the Exchange to individuals, as directed by the Exchange. A person or entity shall at all times only request from the Exchange, use, or disclose the minimum amount of information necessary to accomplish the purposes for which it was received. (7) Information received by the Exchange from the department shall both: (A) At all times be subject to applicable privacy and information security-related requirements arising under both federal and state law. (B) Be destroyed in a manner that maintains confidentiality. (8) The Exchange shall ensure that information disclosed to outreach and marketing vendors or any other entity pursuant to this section complies with paragraph (7). (c) Sections 1373.65, 1373.95, and 1373.96 of the Health Safety Code shall apply, whether or not the plan is licensed under Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code. (d) The department shall cease to provide coverage through the program on December 31, 2024, and on that date shall cease to operate the program except as necessary to comply with subdivision (e). (e) The department shall complete payments to, or payment reconciliations with, participating health plans or other contractors, process appeals, and conduct other necessary termination activities. (f) Commencing November 1, 2024, and ending when the transition of coverage is complete, the department shall provide monthly updates to the Assembly Committees on Health and Budget and the Senate Committees on Health and Budget and Fiscal Review on the status of the transition of subscribers to other coverage. These updates shall include the number of subscribers who have transitioned and, to the extent available, to where, the number remaining in the program, and any available demographic information of each subscriber. (Added by Stats. 2024, Ch. 40, Sec. 81. (SB 159) Effective June 29, 2024.)
  18. 15878.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 3. Policies Issued by the Department [15878 - 15880] ( Article 3 added by Stats. 2014, Ch. 31, Sec. 90. )

    Verify source ↗

    The department may place a lien on compensation or benefits a subscriber recovers, if benefits were provided under the covered policy.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 3. Policies Issued by the Department [15878 - 15880] ( Article 3 added by Stats. 2014, Ch. 31, Sec. 90. ) ## 15878. The department may place a lien on compensation or benefits recovered or recoverable by a subscriber from any party or parties responsible for the compensation or benefits for which benefits have been provided under a policy issued under this article or Article 4 (commencing with Section 15881). (Added by Stats. 2014, Ch. 31, Sec. 90. (SB 857) Effective June 20, 2014. Section operative July 1, 2014, pursuant to Section 15872.5.)
  19. 15879.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 3. Policies Issued by the Department [15878 - 15880] ( Article 3 added by Stats. 2014, Ch. 31, Sec. 90. )

    Verify source ↗

    Benefits under this article or Article 4 are secondary to other health benefits coverage, except as provided in Article 3.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 3. Policies Issued by the Department [15878 - 15880] ( Article 3 added by Stats. 2014, Ch. 31, Sec. 90. ) ## 15879. Except as provided in Article 3.5 (commencing with Section 14124.70) of Chapter 7 of Part 3, benefits received under this article or Article 4 (commencing with Section 15881) are in excess of and secondary to, any other form of health benefits coverage. (Added by Stats. 2014, Ch. 31, Sec. 90. (SB 857) Effective June 20, 2014. Section operative July 1, 2014, pursuant to Section 15872.5.)
  20. 15880.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 3. Policies Issued by the Department [15878 - 15880] ( Article 3 added by Stats. 2014, Ch. 31, Sec. 90. )

    Verify source ↗

    The department may authorize subscriber copayments and deductibles for these health coverage benefits, but the amounts are capped.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 3. Policies Issued by the Department [15878 - 15880] ( Article 3 added by Stats. 2014, Ch. 31, Sec. 90. ) ## 15880. Benefits under this article or Article 4 (commencing with Section 15881) shall be subject to required subscriber copayments and deductibles as the department may authorize. Any authorized copayments shall not exceed 25 percent and any authorized deductible shall not exceed an annual household deductible amount of five hundred dollars ($500). However, health plans not utilizing a deductible may be authorized to charge an office visit copayment of up to twenty-five dollars ($25). If the department contracts with participating health plans pursuant to Article 4 (commencing with Section 15881), copayments or deductibles shall be authorized in a manner consistent with the basic method of operation of the participating health plans. The aggregate amount of deductible and copayments payable annually under this section shall not exceed two thousand five hundred dollars ($2,500) for an individual and four thousand dollars ($4,000) for a family. (Added by Stats. 2014, Ch. 31, Sec. 90. (SB 857) Effective June 20, 2014. Section operative July 1, 2014, pursuant to Section 15872.5.)
  21. 15881.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 4. Participating Health Plans [15881 - 15883] ( Article 4 added by Stats. 2014, Ch. 31, Sec. 90. )

    Verify source ↗

    The department must provide coverage through participating health plans and may contract for application processing, subscriber enrollment, and administration. Those contracts are exempt from competitive bidding and from review or approval by any division of the Department of General Services.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 4. Participating Health Plans [15881 - 15883] ( Article 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## 15881. The department shall provide coverage through participating health plans and may contract for the processing of applications, the enrollment of subscribers, and activities necessary to administer the program. A contract entered into pursuant to this chapter shall be exempt from any provision of law relating to competitive bidding, and shall be exempt from the review or approval of any division of the Department of General Services. The department shall not be required to specify the amounts encumbered for each contract but may allocate funds to each contract based on projected and actual subscriber enrollments in a total amount not to exceed revenue available for the program. (Added by Stats. 2014, Ch. 31, Sec. 90. (SB 857) Effective June 20, 2014. Section operative July 1, 2014, pursuant to Section 15872.5.)
  22. 15882.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 4. Participating Health Plans [15881 - 15883] ( Article 4 added by Stats. 2014, Ch. 31, Sec. 90. )

    Verify source ↗

    The department may provide or buy stop-loss coverage for the program and participating health plans to share the risk of health plan expenses above plan rates.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 4. Participating Health Plans [15881 - 15883] ( Article 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## 15882. The department may provide or purchase stop-loss coverage under which the program and participating health plans share the risk for health plan expenses which exceed plan rates. (Added by Stats. 2014, Ch. 31, Sec. 90. (SB 857) Effective June 20, 2014. Section operative July 1, 2014, pursuant to Section 15872.5.)
  23. 15883.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 4. Participating Health Plans [15881 - 15883] ( Article 4 added by Stats. 2014, Ch. 31, Sec. 90. )

    Verify source ↗

    The department must withdraw approval of a participating health benefits plan if there is noncompliance with program standards, nonpayment of claims, or other good cause shown, and it may do so only after reasonable notice to specified parties.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 4. Participating Health Plans [15881 - 15883] ( Article 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## 15883. The department shall withdraw its approval of any participating health benefits plan for noncompliance with program standards, nonpayment of claims, or other good cause shown. Approval shall not be withdrawn except after reasonable notice to the health plan, program subscribers enrolled in the plan, physicians or organizations of physicians offering services through the plan, and all interested parties. (Added by Stats. 2014, Ch. 31, Sec. 90. (SB 857) Effective June 20, 2014. Section operative July 1, 2014, pursuant to Section 15872.5.)
  24. 15884.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 5. Subscriber Eligibility and Enrollment [15884 - 15888.5] ( Article 5 added by Stats. 2014, Ch. 31, Sec. 90. )

    Verify source ↗

    Some state residents may apply for major risk medical coverage if they meet the section’s eligibility rules and cannot get adequate private health coverage.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 5. Subscriber Eligibility and Enrollment [15884 - 15888.5] ( Article 5 added by Stats. 2014, Ch. 31, Sec. 90. ) ## 15884. (a) Each resident of the state meeting the eligibility criteria of this section and who is unable to secure adequate private health coverage is eligible to apply for major risk medical coverage through the program. For these purposes, “resident” includes a member of a federally recognized California Indian tribe. (b) To be eligible for enrollment in the program, an applicant shall have been rejected for health care coverage by at least one private health plan. An applicant shall be deemed to have been rejected if the only private health coverage that the applicant could secure would do one of the following: (1) Impose substantial waivers that the department determines would leave a subscriber without adequate coverage for medically necessary services. (2) Afford limited coverage that the department determines would leave the subscriber without adequate coverage for medically necessary services. (3) Afford coverage only at an excessive price, which the department determines is significantly above standard average individual coverage rates. (c) Rejection for policies or certificates of specified disease or policies or certificates of hospital confinement indemnity, as described in Section 10198.61 of the Insurance Code, shall not be deemed to be rejection for the purposes of eligibility for enrollment. (d) The department may permit dependents of eligible subscribers to enroll in major risk medical coverage through the program if the department determines the enrollment can be carried out in an actuarially and administratively sound manner. (e) Notwithstanding the provisions of this section, the department shall prescribe a period of time during which a resident is ineligible to apply for major risk medical coverage through the program if the resident either voluntarily disenrolls from, or was terminated for nonpayment of the premium from, a private health plan after enrolling in that private health plan pursuant to either Section 10127.16 of the Insurance Code, and Section 1373.622 of the Health and Safety Code. (Added by Stats. 2014, Ch. 31, Sec. 90. (SB 857) Effective June 20, 2014. Section operative July 1, 2014, pursuant to Section 15872.5.)
  25. 15884.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 5. Subscriber Eligibility and Enrollment [15884 - 15888.5] ( Article 5 added by Stats. 2014, Ch. 31, Sec. 90. )

    Verify source ↗

    Certain insurers, agents, brokers, administrators, and employers must not steer employees or dependents to the program to separate them from group health coverage.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 5. Subscriber Eligibility and Enrollment [15884 - 15888.5] ( Article 5 added by Stats. 2014, Ch. 31, Sec. 90. ) ## 15884.5. (a) It shall constitute unfair competition for purposes of Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code for an insurer, an insurance agent or broker, or an administrator, as defined in Section 1759 of the Insurance Code, to refer an individual employee, or his or her dependents, to the program, or arrange for an individual employee, or his or her dependents, to apply to the program, for the purpose of separating that employee, or his or her dependents, from group health coverage provided in connection with the employees employment. (b) It shall constitute an unfair labor practice contrary to public policy and enforceable under Section 95 of the Labor Code for any employer to refer an individual employee, or his or her dependents, to the program, or to arrange for an individual employee, or his or her dependents, to apply to the program, for the purpose of separating that employee, or his or her dependents, from group health coverage provided in connection with the employee’s employment. (c) As used in this section, “group health coverage” includes any nonprofit hospital service plan, health care service plan, self-insured employee welfare benefit plan, or disability insurance providing medical or hospital benefits. (Added by Stats. 2014, Ch. 31, Sec. 90. (SB 857) Effective June 20, 2014. Section operative July 1, 2014, pursuant to Section 15872.5.)
  26. 15885.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 5. Subscriber Eligibility and Enrollment [15884 - 15888.5] ( Article 5 added by Stats. 2014, Ch. 31, Sec. 90. )

    Verify source ↗

    The department may allow certain coverage exclusions for some subscribers, but the exclusion must be waived in specified creditable-coverage and prior-state-coverage cases.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 5. Subscriber Eligibility and Enrollment [15884 - 15888.5] ( Article 5 added by Stats. 2014, Ch. 31, Sec. 90. ) ## 15885. The department may permit the exclusion of coverage or benefits for charges or expenses incurred by a subscriber during the first six months of enrollment in the program for any condition for which, during the six months immediately preceding enrollment in the program medical advice, diagnosis, care, or treatment was recommended or received as to the condition during that period. However, the exclusion from coverage of this section shall be waived to the extent to which the subscriber was covered under any creditable coverage, as defined in Section 10900 of the Insurance Code, that was terminated, provided the subscriber has applied for enrollment in the program not later than 63 days following termination of the prior coverage, or within 180 days of termination of coverage if the subscriber lost his or her previous creditable coverage because the subscriber’s employment ended, the availability of health coverage offered through employment or sponsored by an employer terminated, or an employer’s contribution toward health coverage terminated. The exclusion from coverage of this section shall also be waived as to any condition of a subscriber previously receiving coverage under a plan of another state similar to the program established by this chapter if the subscriber was eligible for benefits under that other-state coverage for the condition. The department may establish alternative mechanisms applicable to enrollment in participating health plans. These mechanisms may include, but are not limited to, a postenrollment waiting period. (Added by Stats. 2014, Ch. 31, Sec. 90. (SB 857) Effective June 20, 2014. Section operative July 1, 2014, pursuant to Section 15872.5.)
  27. 15885.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 5. Subscriber Eligibility and Enrollment [15884 - 15888.5] ( Article 5 added by Stats. 2014, Ch. 31, Sec. 90. )

    Verify source ↗

    If more than one participating health plan is offered, the department must give applicants enough information to choose among plans. Each applicant must also be issued a document summarizing key coverage, provider, and grievance information.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 5. Subscriber Eligibility and Enrollment [15884 - 15888.5] ( Article 5 added by Stats. 2014, Ch. 31, Sec. 90. ) ## 15885.5. If more than one participating health plan is offered, the department shall make available to applicants eligible to enroll in the program sufficient information to make an informed choice among the various types of participating health plans. Each applicant shall be issued an appropriate document setting forth or summarizing the services to which an enrollee is entitled, procedures for obtaining major risk medical coverage, a list of contracting health plans and providers, and a summary of grievance procedures. (Amended by Stats. 2015, Ch. 303, Sec. 626. (AB 731) Effective January 1, 2016.)
  28. 15886.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 5. Subscriber Eligibility and Enrollment [15884 - 15888.5] ( Article 5 added by Stats. 2014, Ch. 31, Sec. 90. )

    Verify source ↗

    After the applicant writes to the department to choose a participating health plan, the department must help the applicant enroll and secure major risk medical coverage for the applicant and any dependents.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 5. Subscriber Eligibility and Enrollment [15884 - 15888.5] ( Article 5 added by Stats. 2014, Ch. 31, Sec. 90. ) ## 15886. After the applicant notifies the department in writing of his or her choice of participating health plan, the department shall assist the applicant in enrolling as a subscriber and securing major risk medical coverage for the subscriber and any dependents. (Added by Stats. 2014, Ch. 31, Sec. 90. (SB 857) Effective June 20, 2014. Section operative July 1, 2014, pursuant to Section 15872.5.)
  29. 15886.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 5. Subscriber Eligibility and Enrollment [15884 - 15888.5] ( Article 5 added by Stats. 2014, Ch. 31, Sec. 90. )

    Verify source ↗

    A subscriber may ask for a coverage change when a dependent’s family status changes, but the application must be filed within 30 days unless the department allows other times or conditions.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 5. Subscriber Eligibility and Enrollment [15884 - 15888.5] ( Article 5 added by Stats. 2014, Ch. 31, Sec. 90. ) ## 15886.5. A subscriber may request a change in coverage based upon a change in the family status of any dependent, by filing an application within 30 days after the occurrence of the change in family status, or at other times and under conditions as may be prescribed by the department. (Added by Stats. 2014, Ch. 31, Sec. 90. (SB 857) Effective June 20, 2014. Section operative July 1, 2014, pursuant to Section 15872.5.)
  30. 15887.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 5. Subscriber Eligibility and Enrollment [15884 - 15888.5] ( Article 5 added by Stats. 2014, Ch. 31, Sec. 90. )

    Verify source ↗

    A covered dependent may choose to keep the same health coverage if the subscriber dies or becomes eligible for Medicare Part A and Part B.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 5. Subscriber Eligibility and Enrollment [15884 - 15888.5] ( Article 5 added by Stats. 2014, Ch. 31, Sec. 90. ) ## 15887. Health coverage secured through the program shall permit a covered dependent of a subscriber to elect to continue the same coverage upon the death of the subscriber, or upon the subscriber becoming eligible for Medicare Part A and Part B. (Added by Stats. 2014, Ch. 31, Sec. 90. (SB 857) Effective June 20, 2014. Section operative July 1, 2014, pursuant to Section 15872.5.)
  31. 15887.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 5. Subscriber Eligibility and Enrollment [15884 - 15888.5] ( Article 5 added by Stats. 2014, Ch. 31, Sec. 90. )

    Verify source ↗

    A subscriber may transfer enrollment from one participating health plan to another, but only at times and under conditions set by the department.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 5. Subscriber Eligibility and Enrollment [15884 - 15888.5] ( Article 5 added by Stats. 2014, Ch. 31, Sec. 90. ) ## 15887.5. A transfer of enrollment from one participating health plan to another may be made by a subscriber at times and under conditions as may be prescribed by the department. (Added by Stats. 2014, Ch. 31, Sec. 90. (SB 857) Effective June 20, 2014. Section operative July 1, 2014, pursuant to Section 15872.5.)
  32. 15888.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 5. Subscriber Eligibility and Enrollment [15884 - 15888.5] ( Article 5 added by Stats. 2014, Ch. 31, Sec. 90. )

    Verify source ↗

    A subscriber who is dissatisfied with a participating plan coverage action or inaction may appeal to the department and must be given a fair hearing.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 5. Subscriber Eligibility and Enrollment [15884 - 15888.5] ( Article 5 added by Stats. 2014, Ch. 31, Sec. 90. ) ## 15888. If a subscriber is dissatisfied with any action or failure to act which has occurred in connection with a participating plan’s coverage, the subscriber shall have the right to appeal to the department and shall be accorded an opportunity for a fair hearing. Hearings may be conducted, insofar as practicable, pursuant to the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 2014, Ch. 31, Sec. 90. (SB 857) Effective June 20, 2014. Section operative July 1, 2014, pursuant to Section 15872.5.)
  33. 15888.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 5. Subscriber Eligibility and Enrollment [15884 - 15888.5] ( Article 5 added by Stats. 2014, Ch. 31, Sec. 90. )

    Verify source ↗

    People and dependents who become eligible for Medicare Part A and Part B generally cannot be enrolled, or stay enrolled, in major risk medical coverage under this chapter.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 5. Subscriber Eligibility and Enrollment [15884 - 15888.5] ( Article 5 added by Stats. 2014, Ch. 31, Sec. 90. ) ## 15888.5. Subscribers and their dependents who become eligible for Medicare Part A and Part B, excluding those on Medicare solely because of end-stage renal disease, shall not be enrolled, or continue to be enrolled, in major risk medical coverage afforded by this chapter. (Added by Stats. 2014, Ch. 31, Sec. 90. (SB 857) Effective June 20, 2014. Section operative July 1, 2014, pursuant to Section 15872.5.)
  34. 15890.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 6. Plan Rates and Compensation from the Fund [15890 - 15891.5] ( Article 6 added by Stats. 2014, Ch. 31, Sec. 90. )

    Verify source ↗

    A subscriber must pay the subscriber contribution when enrolling in the program.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 6. Plan Rates and Compensation from the Fund [15890 - 15891.5] ( Article 6 added by Stats. 2014, Ch. 31, Sec. 90. ) ## 15890. Upon enrollment as a subscriber in the program, the subscriber shall be responsible for payment of the subscriber contribution. Termination of coverage by a participating health plan for nonpayment of the subscriber contribution shall be governed by the same laws and regulations by which the participating health plan is regulated as to all its subscribers and enrollees. (Added by Stats. 2014, Ch. 31, Sec. 90. (SB 857) Effective June 20, 2014. Section operative July 1, 2014, pursuant to Section 15872.5.)
  35. 15890.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 6. Plan Rates and Compensation from the Fund [15890 - 15891.5] ( Article 6 added by Stats. 2014, Ch. 31, Sec. 90. )

    Verify source ↗

    Health plans contracting with the department must file annual rate estimates with the department, based on risk categories established by the department.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 6. Plan Rates and Compensation from the Fund [15890 - 15891.5] ( Article 6 added by Stats. 2014, Ch. 31, Sec. 90. ) ## 15890.5. Each health plan contracting with the department pursuant to Article 4 (commencing with Section 15881) shall submit annually to the department rates which it estimates are sufficient to cover the cost of providing major risk medical coverage to its subscribers. The rates shall be submitted on the basis of categories of risk which shall be established by the department. (Added by Stats. 2014, Ch. 31, Sec. 90. (SB 857) Effective June 20, 2014. Section operative July 1, 2014, pursuant to Section 15872.5.)
  36. 15891.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 6. Plan Rates and Compensation from the Fund [15890 - 15891.5] ( Article 6 added by Stats. 2014, Ch. 31, Sec. 90. )

    Verify source ↗

    The department must set program contribution amounts and pay them to participating health plans, using a loss-ratio method and limits tied to subscriber contributions and subsidies.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 6. Plan Rates and Compensation from the Fund [15890 - 15891.5] ( Article 6 added by Stats. 2014, Ch. 31, Sec. 90. ) ## 15891. (a) The department shall establish program contribution amounts for each category of risk for each participating health plan. The program contribution amounts shall be based on the average amount of subsidy funds required for the program as a whole. To determine the average amount of subsidy funds required, the department shall calculate a loss ratio, including all medical costs, administration fees, and risk payments, for the program in the prior calendar year. The loss ratio shall be calculated using 125 percent of the standard average individual rates for comparable coverage as the denominator, and all medical costs, administration fees, and risk payments as the numerator. The average amount of subsidy funds required is calculated by subtracting 100 percent from the program loss ratio. For purposes of calculating the program loss ratio, no participating health plan’s loss ratio shall be less than 100 percent and participating health plans with fewer than 1,000 program members shall be excluded from the calculation. Subscriber contributions shall be established to encourage members to select those health plans requiring subsidy funds at or below the program average subsidy. Subscriber contribution amounts shall be established so that no subscriber receives a subsidy greater than the program average subsidy, except that: (1) In all areas of the state, at least one plan shall be available to program participants at an average subscriber contribution of 125 percent of the standard average individual rates for comparable coverage. (2) No subscriber contribution shall be increased by more than 10 percent above 125 percent of the standard average individual rates for comparable coverage. (3) Subscriber contributions for participating health plans joining the program after January 1, 1997, shall be established at 125 percent of the standard average individual rates for comparable coverage for the first two benefit years the plan participates in the program. (b) The department shall pay program contribution amounts to participating health plans from the Major Risk Medical Insurance Fund. (c) Commencing January 1, 2013, in addition to the amount of subsidy funds required pursuant to subdivision (a), the department may further subsidize subscriber contributions so that the amount paid by each subscriber is below 125 percent of the standard average individual risk rate for comparable coverage but no less than 100 percent of the standard average individual risk rate for comparable coverage. For purposes of calculating premiums for the following products, any reference to, or use of, subscriber contributions, premiums, average premiums, or amounts paid by subscribers in the program shall be construed to mean subscriber contributions as described in subdivision (a) without application of the additional subsidies permitted by this subdivision: (1) Standard benefit plans pursuant to Section 10127.16 of the Insurance Code and Section 1373.622 of the Health and Safety Code. (2) Health benefit plans and health care service plan contracts for federally eligible defined individuals pursuant to Sections 10901.3 and 10901.9 of the Insurance Code and Sections 1399.805 and 1399.811 of the Health and Safety Code. (3) Conversion coverage pursuant to Section 12682.1 of the Insurance Code and Section 1373.6 of the Health and Safety Code. (Added by Stats. 2014, Ch. 31, Sec. 90. (SB 857) Effective June 20, 2014. Section operative July 1, 2014, pursuant to Section 15872.5.)
  37. 15891.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 6. Plan Rates and Compensation from the Fund [15890 - 15891.5] ( Article 6 added by Stats. 2014, Ch. 31, Sec. 90. )

    Verify source ↗

    A participating health plan may charge subscriber contributions, but only up to the amount by which its plan rate for the relevant risk category exceeds the program contribution amount for that category.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 6. Plan Rates and Compensation from the Fund [15890 - 15891.5] ( Article 6 added by Stats. 2014, Ch. 31, Sec. 90. ) ## 15891.5. A participating health plan may charge subscriber contributions under this article that do not exceed the difference between its plan rate for the category of risk and the program contribution amount for the category of risk. (Added by Stats. 2014, Ch. 31, Sec. 90. (SB 857) Effective June 20, 2014. Section operative July 1, 2014, pursuant to Section 15872.5.)
  38. 15893.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 7. Major Risk Medical Insurance Fund [15893 - 15895] ( Article 7 added by Stats. 2014, Ch. 31, Sec. 90. )

    Verify source ↗

    This section creates and later replaces a state fund, moves its remaining money to a new fund on July 1, 2017, and lets the Controller use the new fund for certain cashflow loans.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 7. Major Risk Medical Insurance Fund [15893 - 15895] ( Article 7 added by Stats. 2014, Ch. 31, Sec. 90. ) ## 15893. (a) There is hereby continued in existence in the State Treasury a special fund known as the Major Risk Medical Insurance Fund that is, notwithstanding Section 13340 of the Government Code, continuously appropriated to the department for the purposes specified in Section 15894, Section 10127.16 of the Insurance Code, and Section 1373.622 of the Health and Safety Code. (b) Funds may be deposited in the Major Risk Medical Insurance Fund from one or more of the following accounts in the Cigarette and Tobacco Products Surtax Fund: (1) The Hospital Services Account. (2) The Physician Services Account. (3) The Unallocated Account. (c) Effective July 1, 2017, the Major Risk Medical Insurance Fund in the State Treasury is abolished and all moneys in the fund shall be transferred to the Health Care Services Plan Fines and Penalties Fund created pursuant to subdivision (d). Any remaining balance, assets, liabilities, and encumbrances of the Major Risk Medical Insurance Fund as of July 1, 2017, shall be transferred to, and become part of, the Health Care Services Plan Fines and Penalties Fund. (d) There is hereby created in the State Treasury a special fund known as the Health Care Services Plan Fines and Penalties Fund that is, notwithstanding Section 13340 of the Government Code, continuously appropriated to the department for the purpose of funding the nonfederal share of health care services for children, adults, seniors, persons with disabilities, and dual-eligible beneficiaries in the Medi-Cal program. (e) Any law that refers to the Major Risk Medical Insurance Fund, including, but not limited to, a reference in this chapter to the Major Risk Medical Insurance Fund or the “fund,” shall be construed to refer to the Health Care Services Plan Fines and Penalties Fund, effective July 1, 2017. (f) Notwithstanding any other law, the Controller may use the funds in the Health Care Services Plan Fines and Penalties Fund for cashflow loans to the General Fund as provided in Sections 16310 and 16381 of the Government Code. (Amended by Stats. 2024, Ch. 40, Sec. 82. (SB 159) Effective June 29, 2024.)
  39. 15894.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 7. Major Risk Medical Insurance Fund [15893 - 15895] ( Article 7 added by Stats. 2014, Ch. 31, Sec. 90. )

    Verify source ↗

    The department must authorize and allocate fund money for specified program expenses, and a health care service plan or health insurer must pay any final reconciliation amount within 60 days of notice if no agreement is reached.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 7. Major Risk Medical Insurance Fund [15893 - 15895] ( Article 7 added by Stats. 2014, Ch. 31, Sec. 90. ) ## 15894. (a) Except as provided in Section 15894.5, the department shall authorize the expenditure of money in the fund to cover program expenses, including program expenses that exceed subscriber contributions, and to cover expenses relating to Section 10127.16 of the Insurance Code, Section 1373.622 of the Health and Safety Code, and health care services for eligible individuals in the Medi-Cal program. The department shall determine the amount of funds expended for each of these purposes, taking into consideration the requirements of this chapter, Section 10127.16 of the Insurance Code, and Section 1373.622 of the Health and Safety Code. Funds may be expended for health care services for eligible individuals in the Medi-Cal program only after all costs for the administration and delivery of health care services under Section 1373.622 of the Health and Safety Code and Section 10127.16 of the Insurance Code have been fully funded. (b) Following consultation with a health care service plan or health insurer, if the department and the health care service plan or health insurer have not agreed to a final reconciliation of the amount to be expended from the fund or to be reimbursed to the fund, the department shall give written notice of its determination to the health care service plan or health insurer of the final reconciliation amount, as determined by the department. The health care service plan or health insurer shall remit payment to the department within 60 days of the date of notice from the department. If payment is not received, interest shall accrue in the amount of 7 percent per annum. The department may offset the amount to be reimbursed to the fund against any other payments owed to the health care service plan or health insurer by the department, or may negotiate a payment plan with the health care service plan or health insurer for full payment, and in that case may waive interest accrual as long as payment from the health care service plan or health insurer is made in accordance with the payment plan. This subdivision shall control over any conflict or ambiguity between this subdivision and the provisions of Section 1373.622 of the Health and Safety Code, Section 10127.16 of the Insurance Code, Part 6.5 (commencing with Section 12700) of Division 2 of the Insurance Code, or this chapter. (Amended by Stats. 2017, Ch. 52, Sec. 81. (SB 97) Effective July 10, 2017.)
  40. 15894.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 7. Major Risk Medical Insurance Fund [15893 - 15895] ( Article 7 added by Stats. 2014, Ch. 31, Sec. 90. )

    Verify source ↗

    The department may spend enough money from legislative appropriations in the fund to carry out specified program purposes, and the state is not liable beyond the fund’s assets for certain program obligations or expenditures.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 7. Major Risk Medical Insurance Fund [15893 - 15895] ( Article 7 added by Stats. 2014, Ch. 31, Sec. 90. ) ## 15894.5. (a) From money appropriated by the Legislature to the fund, the department may expend sufficient funds to carry out the purposes of this chapter and of Section 10127.16 of the Insurance Code, and Section 1373.622 of the Health and Safety Code. (b) However, the state is not liable beyond the assets of the fund for any obligations incurred, or liabilities sustained, in the operation of the California Major Risk Medical Insurance Program or for the expenditures described in Section 10127.16 of the Insurance Code and Section 1373.622 of the Health and Safety Code. (Amended by Stats. 2015, Ch. 303, Sec. 627. (AB 731) Effective January 1, 2016.)
  41. 15895.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 7. Major Risk Medical Insurance Fund [15893 - 15895] ( Article 7 added by Stats. 2014, Ch. 31, Sec. 90. )

    Verify source ↗

    Any money left in the fund at the end of a fiscal year may be carried over to the next fiscal year.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.3. Health Care Coverage Assistance [15800 - 15895] ( Part 3.3 added by Stats. 2013, Ch. 23, Sec. 68. ) ## CHAPTER 4. California Major Risk Medical Insurance Program [15870 - 15895] ( Chapter 4 added by Stats. 2014, Ch. 31, Sec. 90. ) ## ARTICLE 7. Major Risk Medical Insurance Fund [15893 - 15895] ( Article 7 added by Stats. 2014, Ch. 31, Sec. 90. ) ## 15895. Any moneys remaining in the fund at the end of any fiscal year may be carried forward to the next succeeding fiscal year. (Added by Stats. 2014, Ch. 31, Sec. 90. (SB 857) Effective June 20, 2014. Section operative July 1, 2014, pursuant to Section 15872.5.)
  42. 15900.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.5. HEALTH CARE COVERAGE INITIATIVE [15900 - 15908] ( Part 3.5 added by Stats. 2006, Ch. 76, Sec. 2. )

    Verify source ↗

    This section states legislative findings about health coverage, uninsured Californians, federal reimbursement funds, and the role of local governments.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.5. HEALTH CARE COVERAGE INITIATIVE [15900 - 15908] ( Part 3.5 added by Stats. 2006, Ch. 76, Sec. 2. ) ## 15900. The Legislature finds and declares the following: (a) Approximately 21 percent of nonelderly Californians lack health insurance coverage. Many are low-income individuals who are not eligible for existing public health coverage programs. (b) One hundred eighty million dollars ($180,000,000) in federal funds will be available for three years to reimburse for public expenditures made under a Health Care Coverage Initiative for uninsured individuals. These funds are to be provided pursuant to the Special Terms and Conditions of California’s Section 1115 Medicaid demonstration project waiver number 11-W-00193/9 relating to hospital financing and health coverage expansion. (c) California’s health care safety net system plays an essential role in delivering critical health services to low-income individuals. (d) Local governments have the unique ability to design health service delivery models that meet the needs of their diverse populations and build on local infrastructures. (Added by Stats. 2006, Ch. 76, Sec. 2. Effective July 18, 2006. Inoperative on date prescribed in Section 15908. Repealed six months after inoperative date, pursuant to Section 15908.)
  43. 15901.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.5. HEALTH CARE COVERAGE INITIATIVE [15900 - 15908] ( Part 3.5 added by Stats. 2006, Ch. 76, Sec. 2. )

    Verify source ↗

    This section establishes the Health Care Coverage Initiative to expand coverage for low-income uninsured people in California.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.5. HEALTH CARE COVERAGE INITIATIVE [15900 - 15908] ( Part 3.5 added by Stats. 2006, Ch. 76, Sec. 2. ) ## 15901. (a) There is hereby established the Health Care Coverage Initiative to expand health care coverage to low-income uninsured individuals in California. (b) The Health Care Coverage Initiative shall operate pursuant to the Special Terms and Conditions of California’s Section 1115 Medicaid demonstration project waiver number 11-W-00193/9 relating to hospital financing and health coverage expansion that became effective September 1, 2005. The initiative shall be implemented only to the extent that federal financial participation is available. (Added by Stats. 2006, Ch. 76, Sec. 2. Effective July 18, 2006. Inoperative on date prescribed in Section 15908. Repealed six months after inoperative date, pursuant to Section 15908.)
  44. 15902.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.5. HEALTH CARE COVERAGE INITIATIVE [15900 - 15908] ( Part 3.5 added by Stats. 2006, Ch. 76, Sec. 2. )

    Verify source ↗

    This section limits the Health Care Coverage Initiative to certain low-income uninsured individuals, requires its funding to expand coverage for them, and bars use of state General Fund money for the initiative or related county administrative costs.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.5. HEALTH CARE COVERAGE INITIATIVE [15900 - 15908] ( Part 3.5 added by Stats. 2006, Ch. 76, Sec. 2. ) ## 15902. (a) Persons eligible to be served by the Health Care Coverage Initiative are low-income uninsured individuals who are not currently eligible for the Medi-Cal program, Healthy Families Program, or Access for Infants and Mothers program. (b) Funding for the Health Care Coverage Initiative shall be used to expand health care coverage for eligible uninsured individuals. (c) Any expansion of health care coverage for uninsured individuals shall not diminish access to health care available for other uninsured individuals, including access through disproportionate share hospitals, county clinics, or community clinics. (d) Services provided under the Health Care Coverage Initiative shall be available to those eligible uninsured individuals enrolled in a Health Care Coverage program, and nothing in this part shall be construed to create an entitlement program of any kind. (e) No state General Fund moneys shall be used to fund the Health Care Coverage Initiative, nor to fund any related administrative costs provided to counties. (Added by Stats. 2006, Ch. 76, Sec. 2. Effective July 18, 2006. Inoperative on date prescribed in Section 15908. Repealed six months after inoperative date, pursuant to Section 15908.)
  45. 15903.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.5. HEALTH CARE COVERAGE INITIATIVE [15900 - 15908] ( Part 3.5 added by Stats. 2006, Ch. 76, Sec. 2. )

    Verify source ↗

    The Health Care Coverage Initiative must be designed and implemented to expand coverage, strengthen local safety-net providers, improve access and health outcomes, create efficiencies, support long-term sustainability, and act quickly to meet federal spending-timing requirements.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.5. HEALTH CARE COVERAGE INITIATIVE [15900 - 15908] ( Part 3.5 added by Stats. 2006, Ch. 76, Sec. 2. ) ## 15903. The Health Care Coverage Initiative shall be designed and implemented to achieve all of the following outcomes: (a) Expand the number of Californians who have health care coverage. (b) Strengthen and build upon the local health care safety net system, including disproportionate share hospitals, county clinics, and community clinics. (c) Improve access to high quality health care and health outcomes for individuals. (d) Create efficiencies in the delivery of health services that could lead to savings in health care costs. (e) Provide grounds for long-term sustainability of the programs funded under the initiative. (f) Implement programs in an expeditious manner in order to meet federal requirements regarding the timing of expenditures. (Added by Stats. 2006, Ch. 76, Sec. 2. Effective July 18, 2006. Inoperative on date prescribed in Section 15908. Repealed six months after inoperative date, pursuant to Section 15908.)
  46. 15904.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.5. HEALTH CARE COVERAGE INITIATIVE [15900 - 15908] ( Part 3.5 added by Stats. 2006, Ch. 76, Sec. 2. )

    Verify source ↗

    The health department must solicit applications, rank them, and allocate federal Health Care Coverage funds using the section’s criteria; selected applicants must provide local matching funds and follow the department’s spending schedule.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.5. HEALTH CARE COVERAGE INITIATIVE [15900 - 15908] ( Part 3.5 added by Stats. 2006, Ch. 76, Sec. 2. ) ## 15904. (a) The State Department of Health Care Services shall issue a request for applications for funding the Health Care Coverage Initiative. (b) The department shall allocate federal funds available to be claimed under the Health Care Coverage programs. (c) The department shall select the Health Care Coverage programs that best meet the requirements and desired outcomes set forth in this part. (d) The following elements shall be used in evaluating the proposals to make selections and to determine the allocation of the available funds: (1) Enrollment processes, with an identification system to demonstrate enrollment of the uninsured into the program. (2) Use of a medical record system, which may include electronic medical records. (3) Designation of a medical home and assignment of eligible individuals to a primary care provider. For purposes of this paragraph, “medical home” means a single provider or facility that maintains all of an individual’s medical information. The primary care provider shall be a provider from which the enrollee can access primary and preventive care. (4) Provision of a benefit package of services, including preventive and primary care services, and care management services designed to treat individuals with chronic health care conditions, mental illness, or who have high costs associated with their medical conditions, to improve their health and decrease future costs. Benefits may include case management services. (5) Quality monitoring processes to assess the health care outcomes of individuals enrolled in the Health Care Coverage program. (6) Promotion of the use of preventive services and early intervention. (7) The provision of care to Medi-Cal beneficiaries by the applicant and the degree to which the applicant coordinates its care with services provided to Medi-Cal beneficiaries. (8) Screening and enrollment processes for individuals who may qualify for enrollment into Medi-Cal, the Healthy Families Program, and the Access for Infants and Mothers Program prior to enrollment into the Health Care Coverage program. (9) The ability to demonstrate how the Health Care Coverage program will promote the viability of the existing safety net health care system. (10) Documentation to support the applicant’s ability to implement the Health Care Coverage program by September 1, 2007, and to use its allocation for each project year. (11) Demonstration of how the program will provide consumer assistance to individuals applying to, participating in, or accessing services in the program. (e) Entities eligible to apply for the initiative funds are a county, city and county, consortium of counties serving a region consisting of more than one county, or health authority. No entity shall submit more than one proposal. (f) The department shall rank the program applications based on the criteria in this section. The amount of federal funding available to be claimed shall be allocated based upon the ranking of the applications. The department shall allocate the available federal funding to the highest ranking applications until all of the funding is allocated. The department shall select at least five programs, and no single program shall receive an allocation greater than 30 percent of the total federal allotment. The department is not required to fund the entire amount requested in a program application. (g) The department shall seek to balance the allocations throughout geographic areas of the state. (h) Each county, city and county, consortium of counties, or health authority that is selected to receive funding shall provide the necessary local funds for the nonfederal share of the certified public expenditures, or intergovernmental transfers to the extent allowable under the demonstration project, required to claim the federal funds made available from the federal allotment. The certified public expenditures, or intergovernmental transfers to the extent allowable under the demonstration project, shall meet the requirements of the Special Terms and Conditions of California’s Section 1115 Medicaid demonstration project waiver number 11-W-00193/9 relating to hospital financing and health coverage expansion that became effective September 1, 2005. (i) The federal allocation shall be available to the selected programs for the three-year period covering the Health Care Coverage program pursuant to the Special Terms and Conditions of California’s Section 1115 Medicaid demonstration project waiver number 11-W-00193/9 relating to hospital financing and health coverage expansion, unless the selected programs do not incur expenditures sufficient to claim the allocation of federal funds in the particular program year. Selected programs shall expend the funds according to an expenditure schedule determined by the department. (j) The department may reallocate the available federal funds among selected programs or other program applicants that were previously not selected for funding, if necessary to meet federal requirements regarding the timing of expenditures, notwithstanding subdivision (f). If a selected program fails to substantially comply with the requirements of this article, the department may reallocate the available federal funds from that selected program to other selected programs or other program applications that previously were not selected for funding. If a selected program is unable to meet its spending targets, determined at the end of the second quarter of each program year, the department may reallocate funds to other selected programs or other program applications that previously were not selected for funding, to ensure that all available federal funds are claimed. Selected programs receiving reallocated funds must have the ability to make the certified public expenditures necessary to claim the reallocated federal funds. (k) Federal funds provided for the initiative shall supplement, and not supplant, any county, city and county, health authority, state, or federal funds that would otherwise be spent on health care services in the county, city and county, consortium of counties, or a health authority region. Federal funds allocated under the initiative shall reimburse the selected county, city and county, consortium of counties, or health authority for the benefits and services provided under subdivision (d) of Section 15904. Administrative costs associated with the development and management of the initiative shall not be paid from the Health Care Coverage program allocation, and any allocations for administrative funds shall be in addition to the allocations made for the initiative. (Amended by Stats. 2007, Ch. 483, Sec. 52. Effective January 1, 2008. Inoperative on date prescribed in Section 15908. Repealed six months after inoperative date, pursuant to Section 15908.)
  47. 15905.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.5. HEALTH CARE COVERAGE INITIATIVE [15900 - 15908] ( Part 3.5 added by Stats. 2006, Ch. 76, Sec. 2. )

    Verify source ↗

    Applications to the department must include specified information and supporting materials about the proposed Health Care Coverage program.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.5. HEALTH CARE COVERAGE INITIATIVE [15900 - 15908] ( Part 3.5 added by Stats. 2006, Ch. 76, Sec. 2. ) ## 15905. Applications submitted to the department shall include, but not be limited to, each of the following: (a) A description of the proposed Health Care Coverage program, including, but not limited to, all of the following: (1) Eligibility criteria. (2) Screening and enrollment processes that include an identification system to demonstrate enrollment into the Health Care Coverage program. (3) Screening processes to identify individuals who may qualify for enrollment into Medi-Cal, the Healthy Families Program, or the Access for Infants and Mothers Program. (b) A description of the quality monitoring system to be implemented with the Health Care Coverage program. (c) A description of the population to be served. (d) A list of health care providers who have agreed to participate in the Health Care Coverage program. (e) A description of the organized health care delivery systems to be used for the Health Care Coverage program, including, but not limited to, designation of a medical home and processes used to assign eligible individuals to a primary care provider. (f) A list of the health benefits to be provided, including the preventive and primary care services and how they will be promoted. (g) A description of the care management services to be provided, and the providers of those services. (h) A calculation of the average cost per individual served. (i) The number of individuals to be served. (j) The mechanism under which the proposed Health Care Coverage Initiative will make expenditures to, or on behalf of, providers and other entities, including, but not limited to, documentation to support the ability to implement the Health Care Coverage program by September 1, 2007, and to claim the full amount of the allocation for each program year. (k) A description of the source of the local nonfederal share of funds. (l) A description of how the proposed Health Care Coverage program will strengthen the local health care safety net system. (m) A consent form signed by the applicant to provide requested data elements as required per the Special Terms and Conditions of California’s Section 1115 Medicaid demonstration project waiver number 11-W-00193/9 relating to hospital financing and health coverage expansion. (n) Use of a reliable medical record system, that may include, but need not be limited to, existing electronic medical records. (o) A complete description of health care services currently provided to Medi-Cal beneficiaries and a description as to how the proposed Health Care Coverage program will coordinate its Health Care Coverage program with services provided to Medi-Cal beneficiaries. (Added by Stats. 2006, Ch. 76, Sec. 2. Effective July 18, 2006. Inoperative on date prescribed in Section 15908. Repealed six months after inoperative date, pursuant to Section 15908.)
  48. 15906.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.5. HEALTH CARE COVERAGE INITIATIVE [15900 - 15908] ( Part 3.5 added by Stats. 2006, Ch. 76, Sec. 2. )

    Verify source ↗

    The department must partner with an outside group to evaluate the initiative’s funded programs, collect the needed data, and submit the evaluation to legislative committees and the Secretary of Health and Human Services.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.5. HEALTH CARE COVERAGE INITIATIVE [15900 - 15908] ( Part 3.5 added by Stats. 2006, Ch. 76, Sec. 2. ) ## 15906. (a) The department shall seek partnership with an independent, nonprofit group or foundation, an academic institution, or a governmental entity providing grants for health-related activities, to evaluate the programs funded under the initiative. (b) The evaluation shall, at a minimum, include an assessment of the extent to which the programs have met the outcomes listed in Section 15903. (c) The department and the selected programs shall provide the data for the evaluation. (d) The evaluation shall be submitted concurrently to the appropriate policy and fiscal committees of the Legislature and to the Secretary of Health and Human Services. (Added by Stats. 2006, Ch. 76, Sec. 2. Effective July 18, 2006. Inoperative on date prescribed in Section 15908. Repealed six months after inoperative date, pursuant to Section 15908.)
  49. 15907.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.5. HEALTH CARE COVERAGE INITIATIVE [15900 - 15908] ( Part 3.5 added by Stats. 2006, Ch. 76, Sec. 2. )

    Verify source ↗

    The department must monitor the initiative’s programs and spending, submit certain waiver amendments by September 1, 2006 if needed, avoid using the fund’s money for administration, and follow special notice, consultation, and rulemaking options.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.5. HEALTH CARE COVERAGE INITIATIVE [15900 - 15908] ( Part 3.5 added by Stats. 2006, Ch. 76, Sec. 2. ) ## 15907. (a) The department shall monitor the programs funded under the initiative for compliance with applicable federal requirements and the requirements under this part, and pursuant to the Special Terms and Conditions of California’s Section 1115 Medicaid demonstration project waiver number 11-W-00193/9 relating to hospital financing and health coverage expansion. (b) To the extent necessary to implement this part, the department shall submit, by September 1, 2006, to the federal Centers for Medicare and Medicaid Services, proposed waiver amendments on the structure of, and eligibility and benefits under, the Health Care Coverage Initiative. (c) The department shall monitor the allocations to selected programs at least quarterly for spending levels. (d) No funds made available from the Health Care Support Fund for the Health Care Coverage Initiative shall be used by the department for administration. (e) The request for applications, including any part of the process described herein for selecting entities to operate the Health Care Coverage programs, and any agreements entered into with a county, city and county, consortium of counties, or health authority pursuant to this part shall not be subject to Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. (f) The department may adopt regulations to implement this part. These regulations may initially be adopted as emergency regulations in accordance with 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). For purposes of this part, the adoption of regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, and safety or general welfare. Any emergency regulations adopted pursuant to this section shall not remain in effect subsequent to the date that this part is repealed pursuant to Section 15908. (g) As an alternative to subdivision (f), and notwithstanding the rulemaking provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, or any other provision of law, the department may implement and administer this part by means of provider bulletins, county letters, manuals, or other similar instructions, without taking regulatory action. The department shall notify the fiscal and appropriate policy committees of the Legislature of its intent to issue a provider bulletin, county letter, manual, or other similar instruction, at least five days prior to issuance. In addition, the department shall provide a copy of any provider bulletin, county letter, manual, or other similar instruction issued under this paragraph to the fiscal and appropriate policy committees of the Legislature. (h) The department shall consult with interested parties and appropriate stakeholders regarding the implementation and ongoing administration of this part. (Added by Stats. 2006, Ch. 76, Sec. 2. Effective July 18, 2006. Inoperative on date prescribed in Section 15908. Repealed six months after inoperative date, pursuant to Section 15908.)
  50. 15908.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.5. HEALTH CARE COVERAGE INITIATIVE [15900 - 15908] ( Part 3.5 added by Stats. 2006, Ch. 76, Sec. 2. )

    Verify source ↗

    The director must execute, keep, and distribute a declaration, post it online, and send it to specified offices; after that declaration, this part becomes inoperative and is repealed six months later.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.5. HEALTH CARE COVERAGE INITIATIVE [15900 - 15908] ( Part 3.5 added by Stats. 2006, Ch. 76, Sec. 2. ) ## 15908. (a) This part shall become inoperative on the date that the director executes a declaration, which shall be retained by the director and provided to the fiscal and appropriate policy committees of the Legislature, stating that the Low Income Health Program authorized under Part 3.6 (commencing with Section 15909) and under the Special Terms and Conditions of the demonstration project, as defined in Section 15909.1, has been implemented, and that each Health Care Coverage Initiative program approved under this part that has sought approval under Part 3.6 (commencing with Section 15909) has been transitioned to a Low Income Health Program, if authorized under the demonstration project and Part 3.6 (commencing with Section 15909), and shall, six months after the date the declaration is executed, be repealed. (b) In addition to the requirements specified in subdivision (a), the director shall post the declaration on the department’s Internet Web site and the director shall send the declaration to the Secretary of State and the Legislative Counsel. (c) Until the effective date of the repeal of this part pursuant to subdivision (a), the director may continue and administer any extensions, modifications, or continuation of the projects under this part approved by the federal Centers for Medicare and Medicaid Services. (Amended by Stats. 2011, Ch. 86, Sec. 23. (AB 1066) Effective July 15, 2011. Repealed on date prescribed by its own provisions. Note: Termination clause affects Part 3.5, commencing with Section 15900.)
  51. 15909.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.6. Low Income Health Program [15909 - 15916] ( Heading of Part 3.6 amended by Stats. 2011, Ch. 86, Sec. 24. )

    Verify source ↗

    This section explains legislative findings about California’s low-income health program and related federal health care reform.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.6. Low Income Health Program [15909 - 15916] ( Heading of Part 3.6 amended by Stats. 2011, Ch. 86, Sec. 24. ) ## 15909. The Legislature finds and declares all of the following: (a) Pursuant to Section 14180, the Legislature directed the department to apply for a successor federal waiver or demonstration project, in part, to coincide with the end of the waiver described in relevant part in subdivision (b) of Section 15900 to, among other requirements, optimize opportunities to increase federal financial participation and maximize financial resources to address uncompensated care. (b) Passage of federal health care reform, pursuant to the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), presents new options of federal support for coverage of low-income individuals and significant expansion of state coverage programs in 2014. Through the success of the Health Care Coverage Initiatives established pursuant to Part 3.5 (commencing with Section 15900), and with implementation of a successor federal Medicaid waiver or demonstration project, California is well positioned to develop enrollment and coverage expansion models that will lead the way to full implementation of comprehensive health care reforms in 2014. (Added by Stats. 2010, Ch. 723, Sec. 2. (AB 342) Effective October 19, 2010.)
  52. 15909.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.6. Low Income Health Program [15909 - 15916] ( Heading of Part 3.6 amended by Stats. 2011, Ch. 86, Sec. 24. )

    Verify source ↗

    This section defines terms used in the Low Income Health Program, including who can count as an eligible entity and who is included in the LIHP populations.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.6. Low Income Health Program [15909 - 15916] ( Heading of Part 3.6 amended by Stats. 2011, Ch. 86, Sec. 24. ) ## 15909.1. For purposes of this part, the following definitions shall apply: (a) “Demonstration project” means a federal waiver or demonstration project described in Section 14180 approved by the federal Centers for Medicare and Medicaid Services that authorizes the implementation of a successor to the Health Care Coverage Initiative under Part 3.5 (commencing with Section 15900). (b) (1) “Eligible entity” means any of the following: (A) A county. (B) A city and county. (C) A consortium of counties serving a region consisting of more than one county. (D) A health authority. (E) A nondesignated public hospital, or the entity with which it is affiliated, if all of the following conditions are met: (i) The hospital is located in a county that does not have a designated public hospital. (ii) The county does not intend to operate a LIHP pursuant to Section 15910.5. (iii) If the county previously filed an application to operate a LIHP, the county has formally withdrawn its application. (2) For purposes of this section and to the extent allowed under the Special Terms and Conditions of the demonstration project, a County Medical Services Program shall be considered a consortium of counties serving a region consisting of more than one county. (c) “LIHP” means a local Low Income Health Program authorized pursuant to this part that is comprised of the following populations: (1) The Medicaid Coverage Expansion (MCE) population, which means low-income individuals 19 to 64 years of age, inclusive, who are not pregnant, have family incomes at or below 133 percent of the federal poverty level, are not eligible for the Medi-Cal program or the Children’s Health Insurance Program, are United States citizens, nationals, or have satisfactory immigration status, and meet the county of residence requirements. (2) The Health Care Coverage Initiative (HCCI) population, which means low-income individuals 19 to 64 years of age, inclusive, who are not pregnant, have family incomes above 133 percent through 200 percent of the federal poverty level, are not eligible for the Medicare Program, the Medi-Cal program, the Children’s Health Insurance Program, or other third-party coverage, are United States citizens, nationals, or have satisfactory immigration status, and meet the county of residence requirements. (d) “Participating entity” means an eligible entity that operates an approved LIHP. (e) “Designated public hospital” has the same meaning as defined in subdivision (d) of Section 14166.1. (f) “Nondesignated public hospital” has the same meaning as defined in subdivision (f) of Section 14166.1. (Amended by Stats. 2012, Ch. 453, Sec. 1. (SB 1081) Effective September 22, 2012.)
  53. 15910.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.6. Low Income Health Program [15909 - 15916] ( Heading of Part 3.6 amended by Stats. 2011, Ch. 86, Sec. 24. )

    Verify source ↗

    This section requires the department and director to authorize and process Low Income Health Program actions, and lets LIHPs and eligible entities carry out certain enrollment-related activities under federal conditions.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.6. Low Income Health Program [15909 - 15916] ( Heading of Part 3.6 amended by Stats. 2011, Ch. 86, Sec. 24. ) ## 15910. (a) Subject to federal approval of a demonstration project effective on or after November 1, 2010, the department shall, by no later than July 1, 2011, authorize local LIHPs to provide scheduled health care services, consistent with the Special Terms and Conditions of the demonstration project, to eligible low-income individuals 19 to 64 years of age, inclusive, who are not otherwise eligible for the Medi-Cal program or the Children’s Health Insurance Program, with family incomes at or below 133 percent of the federal poverty level. To the extent federal financial participation is made available under the Special Terms and Conditions of the demonstration project pursuant to Section 15910.1, LIHP health care services may be made available to eligible individuals with family incomes above 133 percent through 200 percent of the federal poverty level. (b) Eligible entities, consistent with the Special Terms and Conditions of the demonstration project, may perform outreach and enrollment activities to target populations, including, but not limited to, people who are homeless, individuals who frequently use hospital inpatient or emergency department services for avoidable reasons, or people with mental health or substance abuse treatment needs. (c) The LIHP shall be designed and implemented with the systems and program elements necessary to facilitate the transition of those eligible individuals to Medi-Cal coverage, or alternatively, to coverage through the California Health Benefit Exchange, by 2014, pursuant to state and federal law, and the Special Terms and Conditions of the demonstration project. (d) The department shall authorize a LIHP that meets the requirements set forth in this part and the Special Terms and Conditions of the demonstration project. (e) (1) By January 1, 2011, or alternatively, 60 days after federal approval of the demonstration project, whichever occurs later, the department shall notify all eligible entities of the opportunity to elect to implement a LIHP, the applicable requirements, and the process for submitting an application for department approval of a LIHP application. (2) The director shall approve or deny an eligible entity’s LIHP application within 60 days of receipt of the application. If the director denies an application, the denial shall be in writing and shall specify the reasons therefor. (3) Within 10 days of a denial by the director under this subdivision, a participating entity may submit a written request for reconsideration. The director shall respond in writing to a request for reconsideration within 20 days, confirming or reversing the denial, and specifying the reasons for the reconsidered decision. (f) If the eligible entity had in operation a Health Care Coverage Initiative program under Part 3.5 (commencing with Section 15900) as of November 1, 2010, and the eligible entity elects to continue funding the program, then the existing Health Care Coverage Initiative program shall, to the extent permitted by the Special Terms and Conditions of the demonstration project, remain in effect and receive federal reimbursement in accordance with the Special Terms and Conditions of the demonstration project until the LIHP is effective, but no later than July 1, 2011. (g) Health care services provided pursuant to this part shall be available to those eligible, low-income individuals enrolled in the applicable LIHP, subject to the limitations of this part and the Special Terms and Conditions of the demonstration project. However, nothing in this part is intended to create an entitlement program of any kind. (h) Each LIHP may establish an upper income limit for eligible MCE individuals to enroll in the LIHP, which shall be expressed as a percentage between 0 percent and up to, and including, 133 percent of the federal poverty level. If the LIHP elects to enroll HCCI-eligible individuals with family incomes above 133 percent through 200 percent of the federal poverty level, it may also establish an upper income limit between this range. Notwithstanding any established upper income limit, the LIHP may impose a limit on enrollment in the LIHP, which shall be subject to all of the following provisions: (1) The Special Terms and Conditions required by the federal Centers for Medicare and Medicaid Services for the approval of the demonstration project described in Section 14180 permit a limitation on enrollment in a LIHP. (2) Any enrollment limitation by a LIHP shall be administered in accordance with the Special Terms and Conditions required by the federal Centers for Medicare and Medicaid Services. (3) Any enrollment limitation by a LIHP is subject to approval by the director, and notification to the federal Centers for Medicare and Medicaid Services. A LIHP shall establish an income limit at a level that minimizes the need for imposing a limit on enrollment for the MCE population. (4) Prior to applying for approval from the director, the LIHP shall submit to the director a resolution from its governing board approving the proposed limitation on enrollment by the LIHP. (i) LIHPs shall be established and implemented only to the extent that federal financial participation is available and only to the extent that available federal financial participation is not jeopardized. (j) For the purposes of operating a LIHP approved under this part, and notwithstanding Section 14181, participating entities shall be exempt from the provisions of Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code, shall not be considered Medi-Cal managed care health plans subject to the requirements applicable to the two-plan model and geographic managed care plans, as contained in Article 2.7 (commencing with Section 14087.3), Article 2.81 (commencing with Section 14087.96), and Article 2.91 (commencing with Section 14089) of Chapter 7 of Part 3 and the corresponding regulations, and shall not be considered prepaid health plans as defined in Section 14251. (Amended by Stats. 2012, Ch. 162, Sec. 228. (SB 1171) Effective January 1, 2013.)
  54. 15910.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.6. Low Income Health Program [15909 - 15916] ( Heading of Part 3.6 amended by Stats. 2011, Ch. 86, Sec. 24. )

    Verify source ↗

    The department must create a federal funding allocation process for certain LIHPs, and LIHPs choosing to serve higher-income eligible people must also serve people up to 133% of the federal poverty level.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.6. Low Income Health Program [15909 - 15916] ( Heading of Part 3.6 amended by Stats. 2011, Ch. 86, Sec. 24. ) ## 15910.1. (a) For LIHPs serving HCCI-eligible individuals , subject to federal funding limits or requirements that differ from the requirements for individuals described in subdivision (a) of Section 15910, the department shall, in consultation with participating entities, develop a process for allocating the available federal funding to those approved LIHPs that elect to serve the additional group of individuals identified in this subdivision, if the participating entity voluntarily agrees to provide the nonfederal share of the LIHP expenditures for the additional group. (b) To the extent permitted by the Special Terms and Conditions of the demonstration project, the allocation of funding under this section shall ensure that a Health Care Coverage Initiative program under Part 3.5 (commencing with Section 15900) as of November 1, 2010, that elects to continue as a participating entity under this part receives, at a minimum, an allocation in an amount adequate to ensure that their existing eligible enrollees can continue to receive services under their LIHP. (c) If a LIHP elects to serve eligible persons with incomes above 133 percent through 200 percent of the federal poverty level, the LIHP shall also serve eligible persons with incomes up to 133 percent of the federal poverty level. (d) Section 15910 and Section 15910.2 shall apply with respect to LIHPs funded under this section, as appropriate. (e) Reimbursements to LIHPs approved under this section shall be made in accordance with Section 15910.3 or through another mechanism authorized under the Special Terms and Conditions for the demonstration project. (f) The nonfederal share of funding for LIHP expenditures authorized under this section shall be provided in accordance with Section 15911 or through another mechanism authorized by the Special Terms and Conditions of the demonstration project. (g) Any unused federal funds shall be distributed in accordance with the Special Terms and Conditions of the demonstration project. (Amended by Stats. 2011, Ch. 86, Sec. 27. (AB 1066) Effective July 15, 2011.)
  55. 15910.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.6. Low Income Health Program [15909 - 15916] ( Heading of Part 3.6 amended by Stats. 2011, Ch. 86, Sec. 24. )

    Verify source ↗

    The eligible entity and LIHP must meet listed conditions before the department may authorize the LIHP, and the LIHP must follow specified enrollment, coverage, network, quality, and consumer-assistance requirements.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.6. Low Income Health Program [15909 - 15916] ( Heading of Part 3.6 amended by Stats. 2011, Ch. 86, Sec. 24. ) ## 15910.2. (a) The eligible entity shall meet both of the following requirements and any additional requirements imposed by the Special Terms and Conditions of the demonstration project in order for the department to authorize the LIHP proposed by the eligible entity: (1) The eligible entity shall voluntarily agree to commit, on an annual basis, to provide the nonfederal share of LIHP expenditures for health care services to eligible individuals for the LIHP. (2) The LIHP proposed by the eligible entity shall include the LIHP elements set forth in subdivision (b). (b) The LIHP elements shall include all of the following, subject to the Special Terms and Conditions of the demonstration project: (1) Development of standardized eligibility and enrollment procedures that interface with Medi-Cal processes by December 31, 2013, according to the milestones developed in consultation with the counties, county health departments, public hospitals, and county human service departments. LIHPs shall migrate to the standardized procedures in accordance with the Special Terms and Conditions of the demonstration project and subdivision (c) of Section 15910. (2) Eligibility for LIHP benefits may be provided retroactively for any of the three months prior to the enrollment date in which the individual would have been found eligible had he or she applied during that month. If an individual is determined to be retroactively eligible, LIHP coverage for the retroactive period shall be limited to those services provided within the approved LIHP network or out-of-network emergency services as authorized under the Special Terms and Conditions of the demonstration project. (3) The LIHP shall perform annual eligibility redeterminations for persons participating in the LIHP to assess if they remain eligible for the LIHP or are eligible for Medi-Cal or the Healthy Families Program. (4) (A) Assignment of eligible individuals to a medical home. For purposes of this paragraph and subject to the Special Terms and Conditions of the demonstration project, “medical home” means a single provider, facility, or health care team that maintains an individual’s medical information, and coordinates health care services for enrolled individuals. The medical home shall provide, at a minimum, all of the following elements, which shall be considered in the contracting process: (i) A primary health care contact who facilitates the enrollee’s access to preventive, primary, specialty, mental health, or chronic illness treatment, as appropriate. (ii) An intake assessment of each new enrollee’s general health status. (iii) Referrals to qualified professionals, community resources, or other agencies as needed. (iv) Care coordination for the enrollees across the service delivery system, as agreed to between the medical home and the LIHP. This may include facilitating communication among enrollee’s health care providers, including appropriate outreach to mental health providers. (v) Care management, case management, and transitions among levels of care, if needed and as agreed to between the medical home and the LIHP. (vi) Use of clinical guidelines and other evidence-based medicine when applicable for treatment of the enrollee’s health care issues and timing of clinical preventive services. (vii) Focus on continuous improvement in quality of care. (viii) Timely access to qualified health care interpretation as needed and as appropriate for enrollees with limited English proficiency, as determined by applicable federal guidelines. (ix) Health information, education, and support to beneficiaries and, where appropriate, their families, if and when needed, in a culturally competent manner. (B) In implementing this section, and the Special Terms and Conditions of the demonstration project, the department may alter the medical home elements described in this paragraph as necessary to secure the increased federal financial participation associated with the provision of medical assistance in conjunction with a health home, as made available under the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), and codified in Section 1945 of Title XIX of the federal Social Security Act. (5) A minimum set of core benefits or services required under the Special Terms and Conditions of the demonstration project that shall be limited to those services provided within an approved LIHP provider network and service delivery system as required under the Special Terms and Conditions of the demonstration project. (6) A provider network and service delivery system that seeks to promote the viability of the existing safety net health care system that serves the population to be covered by the LIHP. The provider network and service delivery system shall meet the standards established in the Special Terms and Conditions of the demonstration project. (7) Development of an outreach and enrollment plan that reaches potential project enrollees and begins to prepare to transition eligible individuals to Medi-Cal coverage in 2014, or alternatively, to coverage through the California Health Benefit Exchange. (8) A quality measurement and quality monitoring system. (9) Data tracking systems to provide the department with required data for quality monitoring, quality improvement, and evaluation. (10) Demonstration of how the LIHP will provide consumer assistance to individuals applying for, participating in, or accessing, services in the LIHP, including the availability of materials that provide information on all of the following: (A) The scope of covered services. (B) The exceptions, reductions, and limitations that apply to covered services. (C) Any premium, copayment, or deductible requirements that may be incurred by the enrollee. (D) The participating providers in the LIHP network. (E) The medical homes within the LIHP network from which the enrollee may select. (F) The LIHP telephone number or numbers that may be used by an enrollee to receive additional information about the covered services or participating providers. (11) Ability to meet program requirements, standards, and performance measurements developed by the department, in consultation with participating entities for the LIHP. (Amended by Stats. 2011, Ch. 86, Sec. 28. (AB 1066) Effective July 15, 2011.)
  56. 15910.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.6. Low Income Health Program [15909 - 15916] ( Heading of Part 3.6 amended by Stats. 2011, Ch. 86, Sec. 24. )

    Verify source ↗

    The department must set actuarially sound LIHP capitation rates, and LIHPs must submit rate proposals as part of the rate-development process.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.6. Low Income Health Program [15909 - 15916] ( Heading of Part 3.6 amended by Stats. 2011, Ch. 86, Sec. 24. ) ## 15910.3. (a) In consultation with participating entities, the department shall determine actuarially sound per enrollee capitation rates for LIHPs that are adequate and sufficient to ensure access to services for enrollees and to at least cover the projected cost of care. As part of the rate development process, each LIHP shall submit a detailed proposal to the department outlining proposed methodologies and rates that have been certified by county-employed or county-retained actuaries using state and federal Medicaid principles and the standards provided in this section. (b) Rates determined under this section shall be based on utilization and cost data specific to the enrolled population or comparable data, including where available, project- and county- specific data. In setting actuarially sound rates, the department shall apply appropriate factors to ensure sufficient access to primary and specialty care, and shall take into account the cost of the services specified under the approved LIHP, administrative costs, graduate medical education costs, the utilization and intensity of services expected for LIHP enrollees, and an appropriate case management fee. (c) The department may include risk corridors to allow for adjustments to rates if the actual cost or utilization of a LIHP exceeds the projected cost. (d) The department may develop additional payment mechanisms that provide for incentive payments to LIHPs that meet designated performance criteria for quality of and access to care. (e) The rate shall be determined annually, and shall be effective either the first day of each LIHP year, or another date agreed upon by the participating entity and the department. Rates may be adjusted outside the annual determination process if there is a change in federal or state law or regulation that increases the cost of fulfilling the obligations of a LIHP. (f) Notwithstanding any other provision of law, payments to LIHPs shall not be limited by an estimate of the reimbursement that would be available for program services if those services were provided to Medi-Cal beneficiaries under the Medi-Cal fee-for-service program. (g) LIHPs shall be paid actuarially sound rates as determined under this section at the beginning of each quarter based on enrollment. If payments are based on estimated enrollment data, the payments shall be reconciled to actual enrollment on an annual basis. (Amended by Stats. 2011, Ch. 86, Sec. 29. (AB 1066) Effective July 15, 2011.)
  57. 15910.4.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.6. Low Income Health Program [15909 - 15916] ( Heading of Part 3.6 amended by Stats. 2011, Ch. 86, Sec. 24. )

    Verify source ↗

    A LIHP must comply with Section 14169.7.5 to participate in the voluntary program under this part.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.6. Low Income Health Program [15909 - 15916] ( Heading of Part 3.6 amended by Stats. 2011, Ch. 86, Sec. 24. ) ## 15910.4. As a condition of participation in the voluntary program provided under this part, a LIHP shall comply with Section 14169.7.5. (Added by Stats. 2011, Ch. 286, Sec. 9. (SB 335) Effective September 16, 2011.)
  58. 15910.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.6. Low Income Health Program [15909 - 15916] ( Heading of Part 3.6 amended by Stats. 2011, Ch. 86, Sec. 24. )

    Verify source ↗

    A nondesignated public hospital must send its LIHP application to the county and the department at the same time. The department must seek needed federal approvals, and the section applies only if those approvals are obtained.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.6. Low Income Health Program [15909 - 15916] ( Heading of Part 3.6 amended by Stats. 2011, Ch. 86, Sec. 24. ) ## 15910.5. (a) An application to operate a Low Income Health Program (LIHP) by a nondesignated public hospital, pursuant to subparagraph (E) of paragraph (1) of subdivision (b) of Section 15909.1, shall be provided to the county in which the nondesignated public hospital is located at the same time that it is provided to the department. If a county that previously withdrew an application to operate a LIHP does not indicate in writing to the department, within 30 days from the date of application by the nondesignated public hospital, that it rescinds the withdrawal of its application and intends to proceed with its application to implement a LIHP, the department shall consider the application of the nondesignated public hospital to operate the LIHP. (b) The department shall seek any necessary federal approvals for the implementation of this section. This section shall be implemented only if and to the extent that any necessary federal approvals are obtained. (Added by Stats. 2012, Ch. 453, Sec. 2. (SB 1081) Effective September 22, 2012.)
  59. 15911.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.6. Low Income Health Program [15909 - 15916] ( Heading of Part 3.6 amended by Stats. 2011, Ch. 86, Sec. 24. )

    Verify source ↗

    This section says how LIHP funding is calculated, limits use of state General Fund money, and sets quarterly payment, reporting, and reimbursement rules for participating entities and the department.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.6. Low Income Health Program [15909 - 15916] ( Heading of Part 3.6 amended by Stats. 2011, Ch. 86, Sec. 24. ) ## 15911. (a) Funding for each LIHP shall be based on all of the following: (1) The amount of funding that the participating entity voluntarily provides for the nonfederal share of LIHP expenditures. (2) For a LIHP that had in operation a Health Care Coverage Initiative program under Part 3.5 (commencing with Section 15900) as of November 1, 2010, and elects to continue funding the program, the amount of funds requested to ensure that eligible enrollees continue to receive health care services for persons enrolled in the Health Care Coverage Initiative program as of November 1, 2010. (3) Any limitations imposed by the Special Terms and Conditions of the demonstration project. (4) The total allocations requested by participating entities for Health Care Coverage Initiative eligible individuals. (5) Whether funding under this part would result in the reduction of other payments under the demonstration project. (b) Nothing in this part shall be construed to require a political subdivision of the state to participate in a LIHP as set forth in this part, and those local funds expended or transferred for the nonfederal share of LIHP expenditures under this part shall be considered voluntary contributions for purposes of the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), and the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5), as amended by the federal Patient Protection and Affordable Care Act. (c) No state General Fund moneys shall be used to fund LIHP services, nor to fund any related administrative costs incurred by counties or any other political subdivision of the state. (d) Subject to the Special Terms and Conditions of the demonstration project, if a participating entity elects to fund the nonfederal share of a LIHP, the nonfederal funding and payments to the LIHP shall be provided through one of the following mechanisms, at the options of the participating entity: (1) On a quarterly basis, the participating entity shall transfer to the department for deposit in the LIHP Fund established for the participating counties and pursuant to subparagraph (A), the amount necessary to meet the nonfederal share of estimated payments to the LIHP for the next quarter under subdivision (g) Section 15910.3. (A) The LIHP Fund is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, all moneys in the fund shall be continuously appropriated to the department for the purposes specified in this part. The fund shall contain all moneys deposited into the fund in accordance with this paragraph. (B) The department shall obtain the related federal financial participation and pay the rates established under Section 15910.3, provided that the intergovernmental transfer is transferred in accordance with the deadlines imposed under the Medi-Cal Checkwrite Schedule, no later than the next available warrant release date. This payment shall be a nondiscretionary obligation of the department, enforceable under a writ of mandate pursuant to Section 1085 of the Code of Civil Procedure. Participating entities may request expedited processing within seven business days of the transfer as made available by the Controller’s office, provided that the participating entity prepay the department for the additional administrative costs associated with the expedited processing. (C) Total quarterly payment amounts shall be determined in accordance with estimates of the number of enrollees in each rate category, subject to annual reconciliation to final enrollment data. (2) If a participating entity operates its LIHP through a contract with another entity, the participating entity may pay the operating entity based on the per enrollee rates established under Section 15910.3 on a quarterly basis in accordance with estimates of the number of enrollees in each rate category, subject to annual reconciliation to final enrollment data. (A) (i) On a quarterly basis, the participating entity shall certify the expenditures made under this paragraph and submit the report of certified public expenditures to the department. (ii) The department shall report the certified public expenditures of a participating entity under this paragraph on the next available quarterly report as necessary to obtain federal financial participation for the expenditures. The total amount of federal financial participation associated with the participating entity’s expenditures under this paragraph shall be reimbursed to the participating entity. (B) At the option of the participating entity, the LIHP may be reimbursed on a cost basis in accordance with the methodology applied to Health Care Coverage Initiative programs established under Part 3.5 (commencing with Section 15900) including interim quarterly payments. (e) Notwithstanding Section 15910.3 and subdivision (d) of this section, if the participating entity cannot reach an agreement with the department as to the appropriate rate to be paid under Section 15910.3, at the option of the participating entity, the LIHP shall be reimbursed on a cost basis in accordance with the methodology applied to Health Care Coverage Initiative programs established under Part 3.5 (commencing with Section 15900), including interim quarterly payments. If the participating entity and the department reach an agreement as to the appropriate rate, the rate shall be applied no earlier than the first day of the LIHP year in which the parties agree to the rate. (f) If authorized under the Special Terms and Conditions of the demonstration project, pending the department’s development of rates in accordance with Section 15910.3, the department shall make interim quarterly payments to approved LIHPs for expenditures based on estimated costs submitted for ratesetting. (g) Participating entities that operate a LIHP directly or through contract with another entity shall be entitled to any federal financial participation available for administrative expenditures incurred in the operation of the Medi-Cal program or the demonstration project, including, but not limited to, outreach, screening and enrollment, program development, data collection, reporting and quality monitoring, and contract administration, but only to the extent that the expenditures are allowable under federal law and only to the extent the expenditures are not taken into account in the determination of the per enrollee rates under Section 15910.3. (h) On and after January 1, 2014, the state shall implement comprehensive health care reform for the populations targeted by the LIHP in compliance with federal health care reform law, regulation, and policy, including the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), and subsequent amendments. (i) Subject to the Special Terms and Conditions of the demonstration project, a participating entity may elect to include, in collaboration with the department, as the nonfederal share of LIHP expenditures, voluntary intergovernmental transfers or certified public expenditures of another governmental entity, as long as the intergovernmental transfer or certified public expenditure is consistent with federal law. (j) Participation in the LIHP under this part is voluntary on the part of the eligible entity for purposes of all applicable federal laws. As part of its voluntary participation under this article, the participating entity shall agree to reimburse the state for the nonfederal share of state staffing and administrative costs directly attributable to the cost of administering that LIHP, including, but not limited to, the state administrative costs related to certified public expenditures and intergovernmental transfers. This section shall be implemented only to the extent federal financial participation is not jeopardized. (Amended by Stats. 2013, Ch. 23, Sec. 69. (AB 82) Effective June 27, 2013.)
  60. 15911.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.6. Low Income Health Program [15909 - 15916] ( Heading of Part 3.6 amended by Stats. 2011, Ch. 86, Sec. 24. )

    Verify source ↗

    The Director of Finance may approve up to $100 million in cashflow loans for certain County Medical Services Program expenses, the Controller must draw the warrants when ordered, and the Department of Finance must notify the Legislature within 15 days unless prior notice was already given.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.6. Low Income Health Program [15909 - 15916] ( Heading of Part 3.6 amended by Stats. 2011, Ch. 86, Sec. 24. ) ## 15911.1. Upon the order of the Director of Finance, the Controller shall draw warrants against General Fund cash to provide cashflow loans as follows: (a) The Director of Finance may approve cashflow loans of no more than a total of one hundred million dollars ($100,000,000) in the 2012–13 and 2013–14 fiscal years for County Medical Services Program governing board expenses that are associated with a Low Income Health Program operated by the governing board pursuant to this part. (b) The terms and conditions of any cashflow loan provided pursuant to this section shall be subject to approval by the Director of Finance. Interest shall be charged at the rate earned by moneys in the Pooled Money Investment Account. (c) The Department of Finance shall notify the Legislature within 15 days of authorizing a cashflow loan pursuant to this section, unless prior notification of the cashflow loan was included when the Medi-Cal estimates were submitted pursuant to Section 14100.5. (d) Any cashflow loans made pursuant to this section shall be short term and shall not constitute General Fund expenditures. These loans and the repayment of these loans shall not affect the General Fund reserve. (Added by Stats. 2012, Ch. 23, Sec. 118. (AB 1467) Effective June 27, 2012.)
  61. 15912.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.6. Low Income Health Program [15909 - 15916] ( Heading of Part 3.6 amended by Stats. 2011, Ch. 86, Sec. 24. )

    Verify source ↗

    The department must make sure LIHPs are evaluated for compliance and performance, and it may seek funding or partner with outside entities to do so.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.6. Low Income Health Program [15909 - 15916] ( Heading of Part 3.6 amended by Stats. 2011, Ch. 86, Sec. 24. ) ## 15912. (a) Subject to the Special Terms and Conditions of the demonstration project, the department shall ensure that the LIHPs established under this part are evaluated to determine to what extent the projects have met the standards and performance measures described in paragraph (9) of subdivision (b) of Section 15910.2, and the extent to which the LIHPs have complied with the department’s program to implement the transition of eligible LIHP enrollees to Medi-Cal coverage, or alternatively, to coverage through the California Health Benefit Exchange, in 2014. (b) The department may seek federal or private funds or enter into partnership with an independent, nonprofit group or foundation, an academic institution, or a governmental entity providing grants for health-related activities, to evaluate the programs funded under this part. (Amended by Stats. 2011, Ch. 86, Sec. 31. (AB 1066) Effective July 15, 2011.)
  62. 15912.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.6. Low Income Health Program [15909 - 15916] ( Heading of Part 3.6 amended by Stats. 2011, Ch. 86, Sec. 24. )

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    The department must develop and share HIV/AIDS transition guidance for LIHPs, and participating entities may only disclose shared information to specified people and offices.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.6. Low Income Health Program [15909 - 15916] ( Heading of Part 3.6 amended by Stats. 2011, Ch. 86, Sec. 24. ) ## 15912.1. (a) The department, in collaboration with the State Department of Public Health, shall develop policies and guidance on the transition of persons diagnosed with HIV/AIDS from federal Ryan White HIV/AIDS Treatment Extension Act of 2009 (Ryan White Act) funded programs, pursuant to Section 131019 of the Health and Safety Code, to the Low Income Health Program (LIHP) pursuant to this part. These policies and guidance shall be provided to local LIHPs, federal Ryan White Act providers, and to persons receiving services pursuant to the federal Ryan White Act, as applicable. Guidance shall include, but not be limited to, operational processes and procedures supporting the transition of persons receiving services pursuant to the federal Ryan White Act in order to minimize disruption of access to and availability of care and services. (b) The department, in collaboration with the State Department of Public Health, shall consult with stakeholders, including administrators, advocates, providers, and persons receiving services pursuant to the federal Ryan White Act, to obtain advice in forming the policy decisions regarding the transition of persons receiving services pursuant to the federal Ryan White Act to the local LIHPs. (c) Notwithstanding any other law, for the purpose of implementing LIHP, pursuant to this part, the State Department of Public Health may share relevant data related to a beneficiary’s enrollment in federal Ryan White Act funded programs who may be eligible for LIHP services with the participating entity, as defined in Section 15909.1, operating a LIHP, and the participating entity may share relevant data relating to persons diagnosed with HIV/AIDS with the State Department of Public Health. (1) The information provided by the State Department of Public Health pursuant to this section shall not be further disclosed by a participating entity, as defined in Section 15909.1, operating a LIHP, except to any of the following: (A) The person to whom the information pertains or the designated representative of the person. (B) The health care provider that provides HIV/AIDS care to the person to whom the information pertains. (C) The Office of AIDS within the State Department of Public Health. (2) Information shared pursuant to this section is subject to the confidentiality protections of subdivisions (d) and (e) of Section 121025 of the Health and Safety Code. (Amended by Stats. 2012, Ch. 438, Sec. 29. (AB 1468) Effective September 22, 2012.)
  63. 15913.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.6. Low Income Health Program [15909 - 15916] ( Heading of Part 3.6 amended by Stats. 2011, Ch. 86, Sec. 24. )

    Verify source ↗

    The department may issue certain instructions for this part, but it must first consult stakeholders and give legislative committees at least five days’ notice before issuing them.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.6. Low Income Health Program [15909 - 15916] ( Heading of Part 3.6 amended by Stats. 2011, Ch. 86, Sec. 24. ) ## 15913. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this part, and the terms and conditions of the demonstration project secured pursuant to subdivision (a) of Section 15910, by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions. Prior to issuing any letter or similar instrument authorized pursuant to this section, the department shall notify and consult with stakeholders, including advocates, providers, and beneficiaries. The department shall notify the appropriate policy and fiscal committees of the Legislature of its intent to issue instructions under this section at least five days in advance of the issuance. (Added by Stats. 2010, Ch. 723, Sec. 2. (AB 342) Effective October 19, 2010.)
  64. 15914.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.6. Low Income Health Program [15909 - 15916] ( Heading of Part 3.6 amended by Stats. 2011, Ch. 86, Sec. 24. )

    Verify source ↗

    The department’s LIHP authorization application process and related agreements are not subject to Part 2 of the Public Contract Code.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.6. Low Income Health Program [15909 - 15916] ( Heading of Part 3.6 amended by Stats. 2011, Ch. 86, Sec. 24. ) ## 15914. The application process used by the department to authorize entities to operate LIHPs and any agreements entered into by, or modified by, the department for purposes of this part shall not be subject to Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. (Amended by Stats. 2011, Ch. 86, Sec. 32. (AB 1066) Effective July 15, 2011.)
  65. 15915.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.6. Low Income Health Program [15909 - 15916] ( Heading of Part 3.6 amended by Stats. 2011, Ch. 86, Sec. 24. )

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    If this part conflicts with the successor federal waiver or demonstration project under Section 15910(a), the waiver or demonstration project controls.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.6. Low Income Health Program [15909 - 15916] ( Heading of Part 3.6 amended by Stats. 2011, Ch. 86, Sec. 24. ) ## 15915. In the event of a conflict between a provision of this part and a term or condition of the successor federal waiver or demonstration project pursuant to subdivision (a) of Section 15910, the terms and conditions of the successor federal waiver or demonstration project shall control. (Added by Stats. 2010, Ch. 723, Sec. 2. (AB 342) Effective October 19, 2010.)
  66. 15916.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.6. Low Income Health Program [15909 - 15916] ( Heading of Part 3.6 amended by Stats. 2011, Ch. 86, Sec. 24. )

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    The state must seek CMS authority each year to redirect unused HCCI funds into the SNCP uncompensated care category, and the department must obtain any needed federal approvals or waivers to implement the section.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.6. Low Income Health Program [15909 - 15916] ( Heading of Part 3.6 amended by Stats. 2011, Ch. 86, Sec. 24. ) ## 15916. (a) It is the intent of the Legislature that the State Department of Health Care Services and all other departments take all appropriate steps to fully maximize and claim all available expenditures for Designated State Health Programs listed in the Special Terms and Conditions of California’s Bridge to Reform Section 1115(a) Demonstration under the safety net care pool (SNCP) for an applicable demonstration year. (b) For the purposes of this section, the following definitions apply: (1) “California’s Bridge to Reform Section 1115(a) Demonstration” means the Section 1115(a) Medicaid demonstration project, No. 11-W-00193/9, as approved by the federal Centers for Medicare and Medicaid Services (CMS), effective for the period of November 1, 2010, through October 31, 2015. (2) “Demonstration year” means a specific period of time during California’s Bridge to Reform Section 1115(a) Wavier as identified in the Special Terms and Conditions. “Demonstration year” may be denominated in yearly increments, which correspond with the yearly increments identified in the Special Terms and Conditions. (3) “Designated public hospital” has the meaning given in subdivision (d) of Section 14166.1. (4) “Excess certified public expenditures” means the amount of allowable uncompensated care expenditures reported and certified for the applicable demonstration year under Section 14166.8 by designated public hospitals (DPHs), including the governmental entities with which they are affiliated, that is in excess of the amount necessary to draw the maximum amount of federal funding for DPHs for uncompensated care under the safety net care pool and for disproportionate share hospital payments without regard to subdivision (c) or to the amount authorized pursuant to paragraph (5). (5) “Reserved SNCP funds for DSHP” means the amount of SNCP uncompensated care funds used to fund expenditures for the Designated State Health Programs, as specified in the Special Terms and Conditions of California’s Bridge to Reform Section 1115(a) Demonstration. (6) “Redirected SNCP funds” means the amount of federal funding available for a specified demonstration year that would otherwise be restricted for expenditures associated with the Health Care Coverage Initiative (HCCI) program, for which there are insufficient HCCI expenditures to draw the federal funds and which CMS has authorized to be available for uncompensated care expenditures under the safety net care pool in either the demonstration year for which the funds were initially reserved or a subsequent demonstration year. (7) “Safety net care pool” or “SNCP” means the federal funds available under the Medi-Cal Hospital/Uninsured Care Demonstration Project and the successor demonstration project, California’s Bridge to Reform, to ensure continued government support for the provision of health care services to uninsured populations. (c) Notwithstanding any other provision of law, the state shall annually seek authority from CMS under the Special Terms and Conditions of California’s Bridge to Reform Section 1115(a) Demonstration to redirect to the uncompensated care category within the SNCP the portion of the restricted funds used to fund expenditures under the HCCI that will not be fully utilized by the end of the demonstration year for use in any demonstration year. (d) Designated public hospitals may utilize the redirected SNCP funds described in subdivision (c) as follows: (1) Designated public hospitals may opt to utilize excess certified public expenditures to claim the redirected SNCP funds. (2) As a condition of exercising the option in paragraph (1), DPHs voluntarily agree that, up to the amount of redirected SNCP funds available, the excess certified public expenditures are to be allocated equally between the state and the DPHs, such that for every dollar of excess certified public expenditure used by the DPHs, the DPHs will voluntarily allow the state to use a corresponding excess certified public expenditure amount for claiming purposes. (3) As a condition of receiving any of the funding in paragraph (2), DPHs voluntarily agree that, to the extent the state is unable to fully claim the maximum annual amount of reserved SNCP funds for DSHP, the excess certified public expenditures will be used to enable the state to receive total SNCP uncompensated care funds, in conjunction with its claims for expenditures for DSHP, to the maximum amount described in paragraph (5) of subdivision (b). (e) Participation in the utilization of the excess certified public expenditures and redirected SNCP funds under this section is voluntary on the part of the DPHs for the purpose of all applicable federal laws. (f) The department shall consult with DPH representatives regarding the availability of excess certified public expenditures, how to optimize the level of claimable federal Medicaid funding, and the appropriate allocation of SNCP funds under paragraphs (2) and (3) of subdivision (d). The department may make interim determinations and allocations of such SNCP funds, provided that the interim determinations and allocations take into account adjustments to reported expenditures for possible audit disallowances, consistent with the type of adjustments applied in prior projects years under Article 5.2 (commencing with Section 14166). Any interim determinations and allocations of redirected SNCP funds based on excess certified public expenditures shall be subject to interim and final reconciliations. (g) Notwithstanding any other provision of law, upon the receipt of a notice of disallowance or deferral from the federal government related to any certified public expenditures for uncompensated care incurred by DPHs that are used for federal claiming under the SNCP pursuant to California’s Bridge to Reform Section 1115(a) Demonstration after this section is implemented, and subject to the processes described in subdivisions (a) through (d) of Section 14166.24, the following shall apply with respect to the disallowance or deferral: (1) The department and the DPH shall each be responsible for half of the repayment of the federal portion of any federal disallowance or deferral for the applicable demonstration year, up to the amount claimed and allocated pursuant to paragraph (2) of subdivision (d) for that particular year. (2) If there are additional disallowances or deferrals beyond those described in paragraph (1), the department shall be solely responsible for the repayment of the federal portion of any federal disallowance or deferral for the applicable demonstration year, up to the amount claimed and allocated pursuant to paragraph (3) of subdivision (d) for that particular year. (3) If there are additional disallowances or deferrals beyond those described in paragraphs (1) and (2) for the applicable demonstration year, the DPH shall be solely responsible for the repayment of the federal portion of all remaining federal disallowances or deferrals for that particular year. (h) The department shall obtain federal approvals or waivers as necessary to implement this section and to obtain federal financial participation to the maximum extent permitted by federal law. This section shall be implemented only to the extent other federal financial participation is not jeopardized. (Amended by Stats. 2012, Ch. 23, Sec. 120. (AB 1467) Effective June 27, 2012.)
  67. 15925.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.8. HEALTH CARE REFORM ELIGIBILITY, ENROLLMENT, AND RETENTION PLANNING ACT [15925 - 15926] ( Part 3.8 added by Stats. 2011, Ch. 641, Sec. 1. )

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    The agency must run a planning process on eligibility, enrollment, and retention for health subsidy programs, include stakeholder input, consider specific implementation issues, and report information to legislative committees by July 1, 2012.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.8. HEALTH CARE REFORM ELIGIBILITY, ENROLLMENT, AND RETENTION PLANNING ACT [15925 - 15926] ( Part 3.8 added by Stats. 2011, Ch. 641, Sec. 1. ) ## 15925. (a) This part shall be known, and may be cited, as the Health Care Reform Eligibility, Enrollment, and Retention Planning Act. (b) (1) The California Health and Human Services Agency, in consultation with the State Department of Health Care Services (department), Managed Risk Medical Insurance Board (MRMIB), the California Health Benefit Exchange (Exchange), the Office of Technology and Solutions Integration, counties, health care service plans, consumer advocates, and other stakeholders shall undertake a planning and development process regarding this part and aspects of the federal Patient Protection and Affordable Care Act (PPACA) (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), and regulations or guidance issued pursuant to these acts, related to eligibility for, and enrollment and retention in, state health subsidy programs. (2) The planning and development process shall provide stakeholders the opportunity to provide meaningful input into the planning and development of the aspects of eligibility, enrollment, and retention identified in this section. This process shall be completed in time for all of the following to occur: (A) The certification and approval of the eligibility, enrollment, and retention system, as required by PPACA and regulations and guidance issued thereunder. (B) The approval of enhanced federal funding for Medi-Cal eligibility system development, implementation, and maintenance. (C) The readiness of the eligibility, enrollment, and retention processes to accept and process applications, as required by federal law. (3) The planning and development process shall consider issues, including, but not limited to, all of the following: (A) Whether to use the application developed by the federal Secretary of Health and Human Services, pursuant to Section 1413 of the PPACA (42 U.S.C. Sec. 18083), or whether to develop a separate state form. (B) What process to use for Medi-Cal eligibility determinations for non-Modified Adjusted Gross Income (MAGI) populations, including whether to develop a supplemental application form and how the applications will be processed. (C) Whether to adopt a process for hospitals to enroll infants deemed eligible for Medi-Cal under Section 1396a(e)(4) of Title 42 of the United States Code or the Healthy Families Program under Section 12693.70 of the Insurance Code immediately online, without an application. (D) What data collection standards to utilize for the collection of race, ethnicity, primary language, and disability status. (E) Whether to create a process to allow recipients to provide an update to eligibility information in between renewal dates and to have the option to renew eligibility at the time of the update, resetting the renewal date. (F) Whether to renew eligibility for a state health subsidy program based on information from a public benefits program, if the recipient is otherwise eligible. (G) Protections for the confidentiality of personal information. (H) What process to use to enable applicants determined eligible for and recipients of a state health subsidy program to choose a health plan, if applicable. (4) The agency shall provide the appropriate fiscal and policy committees of the Legislature with information reflecting the process conducted pursuant to paragraph (1) by July 1, 2012, regarding policy and statutory changes needed to develop and implement the eligibility, enrollment, and retention system for health coverage in compliance with this part. (c) The information reporting requirement imposed under paragraph (4) of subdivision (b) is inoperative on January 1, 2016, pursuant to Section 10231.5 of the Government Code. (Amended by Stats. 2023, Ch. 43, Sec. 71. (AB 120) Effective July 10, 2023.)
  68. 15926.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.8. HEALTH CARE REFORM ELIGIBILITY, ENROLLMENT, AND RETENTION PLANNING ACT [15925 - 15926] ( Part 3.8 added by Stats. 2011, Ch. 641, Sec. 1. )

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    This section defines key terms and sets rules for insurance affordability program applications, forms, verification, assistance, coordination, and privacy.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 3.8. HEALTH CARE REFORM ELIGIBILITY, ENROLLMENT, AND RETENTION PLANNING ACT [15925 - 15926] ( Part 3.8 added by Stats. 2011, Ch. 641, Sec. 1. ) ## 15926. (a) The following definitions apply for purposes of this part: (1) “Accessible” means in compliance with Section 11135 of the Government Code, Section 1557 of the PPACA, and regulations or guidance adopted pursuant to these statutes. (2) “Limited-English-proficient” means not speaking English as one’s primary language and having a limited ability to read, speak, write, or understand English. (3) “Insurance affordability program” means a program that is one of the following: (A) The Medi-Cal program under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.). (B) The state’s children’s health insurance program (CHIP) under Title XXI of the federal Social Security Act (42 U.S.C. Sec. 1397aa et seq.). (C) A program that makes available to qualified individuals coverage in a qualified health plan through the California Health Benefit Exchange established pursuant to Title 22 (commencing with Section 100500) of the Government Code with advance payment of the premium tax credit established under Section 36B of the Internal Revenue Code. (D) A program that makes available coverage in a qualified health plan through the California Health Benefit Exchange established pursuant to Title 22 (commencing with Section 100500) of the Government Code with cost-sharing reductions established under Section 1402 of PPACA and any subsequent amendments to that act. (b) An individual shall have the option to apply for insurance affordability programs in person, by mail, online, by telephone, or by other commonly available electronic means, including a mobile-friendly internet website. (c) (1) A single, accessible, standardized paper, electronic, and telephone application for insurance affordability programs shall be developed by the department, in consultation with the board governing the Exchange, as part of the stakeholder process described in subdivision (b) of Section 15925. The application shall be used by all entities authorized to make an eligibility determination for any of the insurance affordability programs and by their agents. (2) The department may develop and require the use of supplemental forms to collect additional information needed to determine eligibility on a basis other than the financial methodologies described in Section 1396a(e)(14) of Title 42 of the United States Code, as added by the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152) and any subsequent amendments, as provided under Section 435.907(c) of Title 42 of the Code of Federal Regulations, and as amended by federal H.R. 1 (Public Law 119-21). (3) The application, or any amendments thereto, as required to comply with Public Law 119-21, shall be user-tested for accuracy and readability in all Medi-Cal threshold languages and shall be operational by the date as required by the federal Secretary of Health and Human Services, including prior to the effective date of any applicable changes required pursuant to Public Law 119-21. (4) The application form, or any amendments thereto, shall, to the extent consistent with federal statutes, regulations, and guidance, satisfy all of the following criteria: (A) The form, or any supplements thereto, shall include simple, user-friendly language and instructions. (B) The form, or any amendments and supplemental forms thereto, may not ask for information related to a nonapplicant that is not necessary to determine eligibility in the applicant’s particular circumstances. (C) The form, or any amendments and supplemental forms thereto, may require only information necessary to support the eligibility and enrollment processes for insurance affordability programs. (D) The form, or any amendments and supplemental forms thereto, may be used for, but shall not be limited to, screening and enrollment into an insurance affordability program. (E) The form may ask, or be used otherwise to identify, if the mother of an infant applicant under one year of age had coverage through an insurance affordability program for the infant’s birth, for the purpose of automatically enrolling the infant into the applicable program without the family having to complete the application process for the infant. (F) The form may include questions that are voluntary for applicants to answer regarding demographic data categories, including race, ethnicity, primary language, disability status, and other categories recognized by the federal Secretary of Health and Human Services under Section 4302 of the PPACA. (G) Notwithstanding subparagraphs (B) and (C), on or before January 1, 2027, the form shall include an optional question for an applicant to identify whether they are experiencing homelessness. (H) The form may be used, to the extent possible, to determine compliance with work or community engagement requirements set forth in Section 1396a(xx) of Title 42 of the United States Code (Section 71119 of Public Law 119-21), as described in Section 14005.69, including any exemptions to those requirements, without seeking additional information. (d) Nothing in this section shall preclude the use of a provider-based application form or enrollment procedures for insurance affordability programs or other health programs that differs from the application form described in subdivision (c), and related enrollment procedures. Nothing in this section shall preclude the use of a joint application, developed by the department and the State Department of Social Services, that allows for an application to be made for multiple programs, including, but not limited to, CalWORKs, CalFresh, and insurance affordability programs. (e) The entity making the eligibility determination shall grant eligibility immediately whenever possible and with the consent of the applicant in accordance with the state and federal rules governing insurance affordability programs. (f) (1) If the eligibility, enrollment, and retention system has the ability to prepopulate an application form for insurance affordability programs with personal information from available electronic databases, an applicant shall be given the option, with their informed consent, to have the application form prepopulated. Before a prepopulated application is submitted to the entity authorized to make eligibility determinations, the individual shall be given the opportunity to provide additional eligibility information and to correct any information retrieved from a database. (2) All insurance affordability programs may accept self-attestation, instead of requiring an individual to produce a document, for age, date of birth, family size, household income, state residence, pregnancy, work or community engagement activities or exemptions to those requirements, and any other applicable criteria needed to determine the eligibility of an applicant or recipient, to the extent permitted by state and federal law. (3) An applicant or recipient shall have their information electronically verified in the manner required by the PPACA, Public Law 119-21, and implementing federal regulations and guidance and state law. (4) Before an eligibility determination is made, the individual shall be given the opportunity to provide additional eligibility information and to correct information. (5) The eligibility of an applicant shall not be delayed beyond the timeliness standards as provided in Section 435.912 of Title 42 of the Code of Federal Regulations or denied for any insurance affordability program unless the applicant is given a reasonable opportunity, of at least the kind provided for under the Medi-Cal program pursuant to Section 14007.5 and paragraph (7) of subdivision (e) of Section 14011.2, to resolve discrepancies concerning any information provided by a verifying entity, including the opportunity to provide information to demonstrate compliance with work or community engagement requirements pursuant to Section 14005.69. (6) To the extent federal financial participation is available, an applicant shall be provided benefits in accordance with the rules of the insurance affordability program, as implemented in federal regulations and guidance, for which the applicant otherwise qualifies until a determination is made that the applicant is not eligible and all applicable notices have been provided. Nothing in this section shall be interpreted to grant presumptive eligibility if it is not otherwise required by state law, and, if so required, then only to the extent permitted by federal law. (g) The eligibility, enrollment, and retention system shall offer an applicant and recipient assistance with their application or renewal for an insurance affordability program in person, over the telephone, by mail, online, or through other commonly available electronic means and in a manner that is accessible to individuals with disabilities and those who are limited English proficient. (h) (1) During the processing of an application, renewal, or a transition due to a change in circumstances, an entity making eligibility determinations for an insurance affordability program shall ensure that an eligible applicant and recipient of insurance affordability programs that meets all program eligibility requirements and complies with all necessary requests for information moves between programs without any breaks in coverage and without being required to provide any forms, documents, or other information or undergo verification that is duplicative or otherwise unnecessary. The individual shall be informed about how to obtain information about the status of their application, renewal, or transfer to another program at any time, and the information shall be promptly provided when requested. (2) The application or case of an individual screened as not eligible for Medi-Cal on the basis of Modified Adjusted Gross Income (MAGI) household income or noncompliance with the requirements of Section 14005.69, but who may be eligible on the basis of being 65 years of age or older, or on the basis of blindness or disability, shall be forwarded to the Medi-Cal program for an eligibility determination. During the period this application or case is processed for a non-MAGI Medi-Cal eligibility determination, if the applicant or recipient is otherwise eligible for an insurance affordability program, the applicant or recipient shall be determined eligible for that program. (3) Renewal procedures shall include all available methods for reporting renewal information, including, but not limited to, face-to-face, telephone, mail, and online renewal or renewal through other commonly available electronic means. (4) An applicant who is not eligible for an insurance affordability program for a reason other than income eligibility, including work or community engagement requirements, or for any reason in the case of applicants and recipients residing in a county that offers a health coverage program for individuals with income above the maximum allowed for the Exchange premium tax credits, shall be provided application information and referred to the county health coverage program in their county of residence. (i) Notwithstanding subdivisions (e), (f), and (j), before an online applicant who appears to be eligible for the Exchange with a premium tax credit or reduction in cost sharing, or both, may be enrolled in the Exchange, both of the following shall occur: (1) The applicant shall be informed of the overpayment penalties under the federal Comprehensive 1099 Taxpayer Protection and Repayment of Exchange Subsidy Overpayments Act of 2011 (Public Law 112-9), if the individual’s annual family income increases by a specified amount or more, calculated on the basis of the individual’s current family size and current income, and that penalties are avoided by prompt reporting of income increases throughout the year. (2) The applicant shall be informed of the penalty for failure to have minimum essential health coverage. (j) The department shall, in coordination with the Exchange board, streamline and coordinate all eligibility rules and requirements among insurance affordability programs using the least restrictive rules and requirements permitted by federal and state law. This process shall include the consideration of methodologies for determining income levels, assets, rules for household size, citizenship and immigration status, work or community engagement and related exemptions, and self-attestation and verification requirements. (k) (1) Forms and notices developed pursuant to this section shall be accessible and standardized, as appropriate, and shall comply with federal and state laws, regulations, and guidance prohibiting discrimination. (2) Forms and notices developed pursuant to this section shall be developed using plain language and shall be provided in a manner that affords meaningful access to limited-English-proficient individuals, in accordance with applicable state and federal law, and at a minimum, provided in the same threshold languages as required for Medi-Cal managed care plans. (l) The department, the California Health and Human Services Agency, and the Exchange board shall establish a process for receiving and acting on stakeholder suggestions and concerns regarding the Exchange, including the activities of all entities providing eligibility screening to ensure the correct eligibility rules and requirements are being used. This process shall include consumers and their advocates, be conducted no less than quarterly, and include the recording, review, and analysis of potential defects or enhancements of the eligibility systems through regular user-testing and user-centered design sessions. The process shall also include regular updates on the work to analyze, prioritize, and implement corrections to confirmed defects and proposed enhancements to the eligibility systems and to monitor screening and evaluation for Medi-Cal eligibility. (m) In designing and implementing the eligibility, enrollment, and retention system, the department and the Exchange board shall ensure that all privacy and confidentiality rights under the PPACA, Public Law 119-21, and other federal and state laws are incorporated and followed, including responses to security breaches. (Amended by Stats. 2026, Ch. 27, Sec. 94. (SB 164) Effective June 29, 2026.)
  69. 16.

    ## Welfare and Institutions Code - WIC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 369. )

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    “Oath” includes affirmation.

    ## Welfare and Institutions Code - WIC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 369. ) ## 16. “Oath” includes affirmation. (Enacted by Stats. 1937, Ch. 369.)
  70. 16000.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. )

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    This section says foster care decisions should preserve family ties when possible, place children with relatives when possible, support reunification, and keep school placements and education as stable and supportive as possible.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. ) ## 16000. (a) It is the intent of the Legislature to preserve and strengthen a child’s family ties whenever possible, removing the child from the custody of his or her parents only when necessary for his or her welfare or for the safety and protection of the public. If a child is removed from the physical custody of his or her parents, preferential consideration shall be given whenever possible to the placement of the child with the relative as required by Section 7950 of the Family Code. If the child is removed from his or her own family, it is the purpose of this chapter to secure as nearly as possible for the child the custody, care, and discipline equivalent to that which should have been given to the child by his or her parents. It is further the intent of the Legislature to reaffirm its commitment to children who are in out-of-home placement to live in the least restrictive family setting promoting normal childhood experiences that is suited to meet the child’s or youth’s individual needs, and to live as close to the child’s family as possible pursuant to subdivision (c) of Section 16501.1. Family reunification services shall be provided for expeditious reunification of the child with his or her family, as required by law. If reunification is not possible or likely, a permanent alternative shall be developed. (b) It is further the intent of the Legislature that all children live with a committed, permanent, and nurturing family. Services and supports should be tailored to meet the needs of the individual child and family being served, with the ultimate goal of maintaining the family, or when this is not possible, transitioning the child or youth to a permanent family or preparing the child or youth for a successful transition into adulthood. When needed, short-term residential therapeutic program services are a short-term, specialized, and intensive intervention that is just one part of a continuum of care available for children, youth, young adults, and their families. (c) It is further the intent of the Legislature to ensure that all pupils in foster care and those who are homeless as defined by the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.) have the opportunity to meet the challenging state pupil academic achievement standards to which all pupils are held. In fulfilling their responsibilities to pupils in foster care, educators, county placing agencies, care providers, advocates, and the juvenile courts shall work together to maintain stable school placements and to ensure that each pupil is placed in the least restrictive educational programs, and has access to the academic resources, services, and extracurricular and enrichment activities that are available to all pupils. In all instances, educational and school placement decisions shall be based on the best interests of the child. (Amended by Stats. 2016, Ch. 612, Sec. 113. (AB 1997) Effective January 1, 2017.)
  71. 16000.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. )

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    The state must care for and protect children it places in foster care, and must comply with relevant federal requirements for their protection and welfare.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. ) ## 16000.1. (a) The Legislature finds and declares all of the following: (1) The state has a duty to care for and protect the children that the state places into foster care, and as a matter of public policy, the state assumes an obligation of the highest order to ensure the safety of children in foster care. (2) A judicial order establishing jurisdiction over a child placed into foster care supplants or limits parental or previous adult authority. (3) Nothing in this section is intended to change the balance of liability between the state and the counties as it existed prior to the decision of the California Court of Appeal in County of Los Angeles v. Superior Court of Los Angeles: Real Party in Interest Terrell R. (2002) 102 Cal.App.4th 627, as established by the decision of the California Court of Appeal in Scott v. County of Los Angeles (1994) 27 Cal.App.4th 125. Furthermore, nothing in this section is intended to increase or decrease the liability of the state as it existed prior to the Terrell R. case. (b) (1) It is the intent of the Legislature that nothing in the decision of the California Court of Appeal in County of Los Angeles v. Superior Court of Los Angeles: Real Party in Interest Terrell R. (2002) 102 Cal.App.4th 627, shall be held to change the standards of liability and immunity for injuries to children in protective custody that existed prior to that decision. (2) It is the intent of the Legislature to confirm the state’s duty to comply with all requirements under Part B of Title IV of the Social Security Act (42 U.S.C. Sec. 620 et seq.) and Part E of Title IV of the Social Security Act (42 U.S.C. Sec. 670 et seq.) that are relevant to the protection and welfare of children in foster care. (Added by Stats. 2003, Ch. 847, Sec. 5. Effective January 1, 2004.)
  72. 16000.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. )

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    The state policy is to maximize opportunities for Indian tribes to operate foster care programs for Indian children.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. ) ## 16000.5. The Legislature finds and declares all of the following: (a) The Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351) provides Indian tribes with the option, effective October 1, 2009, to operate a foster care, adoption assistance, and, at tribal option, a kinship guardianship assistance program under Title IV-E of the Social Security Act (42 U.S.C. Sec. 671 et seq.). The federal government will share the costs of a tribe operating an approved Title IV-E program. (b) It shall be the policy of the state to maximize the opportunities for Indian tribes to operate foster care programs for Indian children pursuant to the federal Fostering Connections to Success and Increasing Adoptions Act of 2008. (Added by Stats. 2009, Ch. 124, Sec. 1. (AB 770) Effective January 1, 2010.)
  73. 16000.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. )

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    The State Department of Social Services must negotiate in good faith with a requesting Indian tribe, organization, or consortium in the state about an agreement to administer some or all Title IV-E child welfare programs for Indian children under that entity’s authority.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. ) ## 16000.6. The State Department of Social Services shall negotiate in good faith with the Indian tribe, organization, or consortium in the state that requests development of an agreement with the state to administer all or part of the programs under Title IV-E of the Social Security Act (42 U.S.C. Sec. 671 et seq.) on behalf of the Indian children who are under the authority of the tribe, organization, or consortium. (Added by Stats. 2009, Ch. 124, Sec. 2. (AB 770) Effective January 1, 2010.)
  74. 16001.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. )

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    This section requires state and county child welfare agencies to assess placement needs and resources, track reasons for out-of-county and out-of-state placements, and share information for planning.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. ) ## 16001. (a) The State Department of Social Services shall provide technical assistance to encourage and facilitate the county placement agency’s evaluation of placement needs and the development of needed placement resources and programs. County placement agencies shall, on a regular basis, conduct an evaluation of the county’s placement resources and programs in relation to the needs of children and nonminor dependents placed in out-of-home care. County placement agencies shall examine the adequacy of existing placement resources and programs and identify the type of additional placement resources and programs needed. The county placement agency shall specifically examine both of the following: (1) Placements that are out of county and shall determine the reason the placement was necessary, and identify the additional placement resources and programs that need to be developed and available to allow a child to remain within the county and as close as possible to their home. (2) The county’s ability to meet the emergency housing needs of nonminor dependents in order to ensure that all nonminor dependents have access to immediate housing upon reentering foster care or for periods of transition between placements. (b) The department shall also support the development and operation of a consortia of county placement agencies on a regional basis for the purpose of developing specialized programs serving a multicounty area. (c) The reason for each out-of-county and out-of-state placement shall be included in the statewide child welfare information system, and the State Department of Social Services shall utilize that data to evaluate out-of-county and out-of-state placements and to assist in the identification of resource and placement needs. (d) It is the intent of the Legislature that the State Department of Social Services review the out-of-state placement of children to determine the reason for out-of-state placement. The department shall make the information available to the Legislature upon request. (Amended by Stats. 2022, Ch. 50, Sec. 69. (SB 187) Effective June 30, 2022.)
  75. 16001.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. )

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    The department must allocate foster care funds, set up a request process, consult listed stakeholders, and ensure county funds are used only to supplement existing funding.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. ) ## 16001.1. (a) It is the intent of the Legislature to support the urgent and exceptional needs of children and nonminor dependents in foster care under the supervision of a county child welfare agency or probation department, including those who otherwise may be placed in an out-of-state residential facility. (b) (1) The department shall allocate funds appropriated to the department for this purpose in the Budget Act of 2021 through contracts with community-based providers or entities or through local assistance allocations to counties or Indian tribes that have entered into an agreement pursuant to Section 10553.1 that support new or expanded programs, services, practices, and training that builds system capacity and ensures the provision of a high-quality continuum of care that is designed to support foster children in the least restrictive setting, consistent with a child’s permanency plan. (2) Pursuant to guidance and a process established by the department and the State Department of Health Care Services, in consultation with the County Welfare Directors Association of California, Chief Probation Officers of California, and County Behavioral Health Directors Association of California, fund recipients shall use the allocated funds to supplement county efforts to build system capacity for any of the following activities: (A) Specialized models of professional foster care, including therapeutic foster care, intensive services foster care, or other models as may be developed in collaboration with counties, including the County Behavioral Health Directors Association of California, and providers. (B) Intensive child-specific recruitment, family finding and engagement, and support programs for children with complex needs, including specialized permanency support services as described in Section 16501 and activities associated with the Active Supportive Intervention Services for Transition program. (C) Specialized models of integrated care and support for family-based settings, including high-fidelity wraparound, and community-based treatment models that create alternatives to out-of-home or residential placement. (D) Highly individualized short-term residential therapeutic programs designed to serve children with complex needs who otherwise may have been placed in an out-of-state residential facility. (E) A Children’s Crisis Continuum Pilot Program established pursuant to Chapter 6 (commencing with Section 16550). (F) Highly specialized short-term residential therapeutic programs designed to serve children with cooccurring intellectual or developmental disabilities and behavioral health needs. (3) Allocations made pursuant to this subdivision shall be conditioned on qualitative and outcomes standards that are established by the department, in consultation with the State Department of Health Care Services, counties, tribes, and other entities that may receive funding. (c) (1) The department shall allocate or expend, through contracts with community-based providers or entities or through local assistance allocations to counties or Indian tribes that have entered into an agreement pursuant to Section 10553.1, funds appropriated to the department for this purpose in the Budget Act of 2021, and in any future fiscal year, to provide and implement the recommendations of child-specific assessments, evaluations, enhanced care planning, ongoing technical assistance, and exceptional supports to meet the complex care needs of children in foster care within California within the least restrictive setting. (2) The department shall establish a process through which funds may be made available pursuant to a request from a county child welfare agency or probation department on behalf of an individual child. Requests shall identify the exceptional services that are needed to support the child in the least restrictive setting and shall be based upon the recommendation of a qualified individual, technical assistance provided by the department, or a clinical determination of an interagency placement committee that considers the recommendations of a child and family team. (3) Funds made available pursuant to this subdivision shall be conditioned on qualitative and outcomes standards that are established by the department. Outcomes standards shall include a continuous quality improvement process designed to address systematic gaps or barriers to meeting the needs of children and nonminor dependents in the least restrictive setting. Those outcomes standards shall be developed by the department and the State Department of Health Care Services, in consultation with counties, tribes, and other entities that may receive funding. (d) The department shall consult with the joint interagency resolution team, the County Welfare Directors Association of California, the Chief Probation Officers of California, the California Behavioral Health Directors Association of California, legislative staff, and other stakeholders with respect to the implementation of this section. (e) Funding made available to counties pursuant to this section shall only be used to supplement, and not supplant, existing funding. (Added by Stats. 2021, Ch. 86, Sec. 44. (AB 153) Effective July 16, 2021.)
  76. 16001.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. )

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    The State Department of Social Services must annually send out information about the importance of promoting self-esteem for foster children.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. ) ## 16001.5. The State Department of Social Services shall annually distribute information declaring the importance of promoting self-esteem with respect to foster children to all of the following: (a) Each county independent living program administrator. (b) Each licensed foster family agency, group home, and small family home. (c) Each county welfare department. (d) Each county director of child protective services. (e) Each county director of social services. (f) Each county foster home services director. (g) The Director of the Community Care Licensing Division of the State Department of Social Services. (h) The Director of State Adoptions Branch of the State Department of Social Services. (Added by Stats. 1997, Ch. 542, Sec. 3. Effective January 1, 1998.)
  77. 16001.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. )

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    The department must promote foster youth participation in state foster care and child welfare policy, and—if funds are available—must contract with the California Youth Connection for technical assistance and outreach.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. ) ## 16001.7. (a) The department shall promote the participation of current and former foster youth in the development of state foster care and child welfare policy. Subject to the availability of funds, the department shall contract with the California Youth Connection to provide technical assistance and outreach to current and former foster youth. In executing this contract, the responsibilities of the California Youth Connection shall include, but are not limited to, all of the following: (1) Providing leadership training to current and former foster youth between the ages of 14 and 21 years. (2) Providing outreach and technical assistance to current and former foster youth to form and maintain California Youth Connection chapters, including recruiting and training adult volunteer supporters. (3) Enabling foster youth to be represented in policy discussions pertinent to foster care and child welfare issues. (4) Enhancing the well-being of foster youth and increasing public understanding of foster care and child welfare issues. (5) Developing educational materials and forums related to foster care. (b) Funds provided to the California Youth Connection pursuant to the contract shall not be used for activities not allowed under federal law relating to the receipt of federal financial participation for independent living services, including, but not limited to, lobbying and litigation. (Added by Stats. 2000, Ch. 108, Sec. 50. Effective July 10, 2000.)
  78. 16001.8.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. )

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    The State Department of Social Services must convene a working group on foster care rights, and that group must complete several reporting and information tasks by set dates.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. ) ## 16001.8. (a) The State Department of Social Services shall convene a working group regarding the rights of all minors and nonminors in foster care, as specified in Section 16001.9, in order to educate foster youth, foster care providers, and others. Responsibilities of the working group shall include all of the following: (1) By January 1, 2018, make recommendations to the Legislature for revising the rights based on a review of state law. (2) By July 1, 2018, develop standardized information regarding the revised rights in an age-appropriate manner and reflective of any relevant licensing requirements with respect to the foster care providers’ responsibilities to adequately supervise children in care. (3) By July 1, 2018, develop recommendations regarding methods for disseminating the standardized information specified in paragraph (2), including whether to require the signature of a foster child verifying that he or she has received and understands his or her rights. (4) By July 1, 2018, develop recommendations for measuring and improving, if necessary, the degree to which foster youth are adequately informed of their rights. (b) The working group shall be composed of all of the following: (1) The Office of the State Foster Care Ombudsperson. (2) The bureau at the Department of Justice whose mission is to protect the rights of children. (3) The County Welfare Directors Association of California. (4) The Chief Probation Officers of California. (5) The County Behavioral Health Directors Association of California. (6) Current and former foster youth. (7) Foster parents and caregivers. (8) Foster children advocacy groups. (9) Foster care provider associations. (10) Any other interested parties. (Added by Stats. 2016, Ch. 851, Sec. 1. (AB 1067) Effective January 1, 2017.)
  79. 16001.9.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. )

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    Children in foster care have specified rights, and social workers or probation officers must explain those rights and give the child a copy.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. ) ## 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 child’s 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 child’s 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 department’s 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 child’s 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 child’s 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 child’s tribe. (15) To attend religious services, activities, and ceremonies of the child’s 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 child’s 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 child’s 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 child’s political affiliation with an Indian tribe or Alaskan village, including a determination of the child’s 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 child’s 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 child’s 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 child’s 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 child’s wishes, to advocate for the child’s 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 child’s 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 child’s 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 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 child’s 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 child’s Indian tribe and Indian community. (38) To review the child’s 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 six 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 child’s rights in the child’s 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). (Amended by Stats. 2025, Ch. 564, Sec. 2. (AB 896) Effective January 1, 2026.)
  80. 16002.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. )

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    The provision requires efforts to keep siblings together in foster care and to maintain sibling relationships, with exceptions when that would harm a sibling’s safety or well-being.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. ) ## 16002. (a) (1) It is the intent of the Legislature to maintain the continuity of the family unit and ensure the preservation and strengthening of the child’s family ties by ensuring that when siblings have been removed from their home, either as a group on one occurrence or individually on separate occurrences, the siblings will be placed together, unless it has been determined that placement together is contrary to the safety or well-being of any sibling. The Legislature recognizes that in order to ensure the placement of a sibling group in the same foster care placement, placement resources need to be expanded. (2) It is also the intent of the Legislature to preserve and strengthen a child’s sibling relationship so that when a child has been removed from the child’s home and the child has a sibling or siblings who remain in the custody of a parent subject to the court’s jurisdiction, the court has the authority to develop a visitation plan for the siblings, unless it has been determined that visitation is contrary to the safety or well-being of any sibling. (b) The responsible local agency shall make a diligent effort in all out-of-home placements of dependent children and wards in foster care, including those with relatives, to place siblings together in the same placement and to develop and maintain sibling relationships. If siblings are not placed together in the same home, the social worker or probation officer shall explain why the siblings are not placed together and what efforts the social worker or probation officer is making to place the siblings together or why making those efforts would be contrary to the safety and well-being of any of the siblings. When placement of siblings together in the same home is not possible, a diligent effort shall be made, and a case plan prepared, to provide for ongoing and frequent interaction among siblings until family reunification is achieved or, if parental rights are terminated, as part of developing the permanent plan for the child. If the court determines by clear and convincing evidence that sibling interaction is contrary to the safety and well-being of any of the siblings, the reasons for the determination shall be noted in the court order and interaction shall be suspended. The physical capacity of the home shall not be the sole reason to deny placement of a sibling group if each child in the home has an age-appropriate place to sleep and there are no other safety risks. (c) When there has been a judicial suspension of sibling interaction, the reasons for the suspension shall be reviewed at each periodic review hearing pursuant to Section 366 or 727.3. In order for the suspension to continue, the court shall make a renewed finding that sibling interaction is contrary to the safety or well-being of either child. When the court determines that sibling interaction can be safely resumed, that determination shall be noted in the court order and the case plan shall be revised to provide for sibling interaction. (d) If the case plan for the child has provisions for sibling interaction, the child, or the child’s parent or legal guardian, shall have the right to comment on those provisions. If a person wishes to assert a sibling relationship with a dependent child or ward, the person may file a petition in the juvenile court having jurisdiction over the dependent child pursuant to subdivision (b) of Section 388 or the ward in foster care pursuant to Section 778. (e) If parental rights are terminated and the court orders a dependent child or ward to be placed for adoption, the county adoption agency or the State Department of Social Services shall take all of the following steps to facilitate ongoing sibling contact, except in those cases provided in subdivision (b) where the court determines by clear and convincing evidence that sibling interaction is contrary to the safety or well-being of the child: (1) Include in training provided to prospective adoptive parents information about the importance of sibling relationships to the adopted child and counseling on methods for maintaining sibling relationships. (2) Provide prospective adoptive parents with information about siblings of the child, except the address where the siblings of the children reside. However, this address may be disclosed by court order for good cause shown. (3) (A) To the extent practicable, the county placing agency shall convene a meeting with the child, the sibling or siblings of the child, the prospective adoptive parent or parents, and a facilitator for the purpose of deciding whether to voluntarily execute a postadoption sibling contact agreement pursuant to Section 8616.5 of the Family Code on a date after termination of parental rights and prior to finalization of the adoption. The county placing agency may comply with the requirements of this paragraph by allowing a nonprofit organization authorized to provide permanency placement and postadoption mediation for adoptive and birth families to facilitate the meeting and develop the agreement. (B) The county placing agency is not required to convene a meeting to decide whether to voluntarily execute a postadoption sibling contact agreement pursuant to Section 8616.5 of the Family Code in either of the following circumstances: (i) The county placing agency determines that such a meeting or postadoption sibling contact agreement would be contrary to the safety and well-being of the child. (ii) The child requests that a meeting shall not occur. (C) The child may petition the court for an order requiring the county placing agency to convene a meeting to decide whether to voluntarily execute a postadoption sibling contact agreement pursuant to Section 8616.5 of the Family Code. If the court determines by a preponderance of the evidence that a postadoption sibling contact agreement or a meeting for the purpose of deciding whether to voluntarily execute such an agreement is contrary to the safety and well-being of the child, the reasons for the determination shall be noted in the court order, and the meeting is not required to occur. (D) Counsel to the child and counsel to the siblings who are dependents of the court shall be notified of, and may attend, both the meeting and the hearing described in this paragraph. (E) This paragraph shall not require attendance by a child, sibling, or other party at a meeting to decide whether to voluntarily execute a postadoption sibling contact agreement pursuant to Section 8616.5 of the Family Code if the child, sibling, or other party cannot be located or does not wish to attend the meeting. This paragraph shall not prohibit a county placing agency from convening a meeting if not all of the parties are secured to attend. (f) Information regarding sibling interaction, contact, or visitation that has been authorized or ordered by the court shall be provided to the foster parent, relative caretaker, or legal guardian of the child as soon as possible after the court order is made in order to facilitate the interaction, contact, or visitation. (g) As used in this section, “sibling” means a person related to the identified child by blood, adoption, or affinity through a common legal or biological parent. (h) The court documentation on sibling placements required under this section shall not require the modification of existing court order forms until the Child Welfare Services/Case Management System (CWS/CMS) is implemented on a statewide basis. (Amended by Stats. 2024, Ch. 80, Sec. 137. (SB 1525) Effective January 1, 2025.)
  81. 16002.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. )

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    This section says minor parents and nonminor dependent parents should be kept with their children when possible, given access to support services, and supported so they can stay in school and care for their children.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. ) ## 16002.5. It is the intent of the Legislature to maintain the continuity of the family unit and to support and preserve families headed by minor parents and nonminor dependent parents who are themselves under the jurisdiction of the juvenile court by ensuring that minor parents and nonminor dependent parents and their children are placed together in as family-like a setting as possible, unless it has been determined that placement together poses a risk to the child. It is also the intent of the Legislature to ensure that complete and accurate data on parenting minor and nonminor dependents is collected, and that the State Department of Social Services shall ensure that the following information is publicly available on a quarterly basis by county about parenting minor and nonminor dependents: total number of parenting minor and nonminor dependents in each county, their age, their ethnic group, their placement type, their time in care, the number of children they have, and whether their children are court dependents. (a) To the greatest extent possible, minor parents and nonminor dependent parents and their children shall be provided with access to existing services for which they may be eligible, that are specifically targeted at supporting, maintaining, and developing both the parent-child bond and the dependent parent’s ability to provide a permanent and safe home for the child. Examples of these services may include, but are not limited to, child care, parenting classes, child development classes, and frequent visitation. (b) Child welfare agencies may provide minor parents and nonminor dependent parents with access to social workers or resource specialists who have received training on the needs of teenage parents and available resources, including, but not limited to, maternal and child health programs, child care, and child development classes. Child welfare agencies are encouraged to update the case plans for pregnant and parenting dependents within 60 calendar days of the date the agency is informed of a pregnancy. When updating the case plan, child welfare agencies may hold a specialized conference to assist pregnant or parenting foster youth and nonminor dependents with planning for healthy parenting and identifying appropriate resources and services, and to inform the case plan. The specialized conference shall include the pregnant or parenting minor or nonminor dependent, family members, and other supportive adults, and the specially trained social worker or resource specialist. The specialized conference may include other individuals, including, but not limited to, a public health nurse, a community health worker, or other personnel with a comprehensive knowledge of available maternal and child resources, including public benefit programs. Participation in the specialized conference shall be voluntary on the part of the foster youth or nonminor dependent and assistance in identifying and accessing resources shall not be dependent on participation in the conference. (c) The minor parents and nonminor dependent parents shall be given the ability to attend school, complete homework, and participate in age and developmentally appropriate activities unrelated to and separate from parenting. (d) Child welfare agencies, local educational agencies, and child care resource and referral agencies may make reasonable and coordinated efforts to ensure that minor parents and nonminor dependent parents who have not completed high school have access to school programs that provide onsite or coordinated child care. (e) Foster care placements for minor parents and nonminor dependent parents and their children shall demonstrate a willingness and ability to provide support and assistance to minor parents and nonminor dependent parents and their children, shall support the preservation of the family unit, and shall refer a minor parent or nonminor dependent parent to preventive services to address any concerns regarding the safety, health, or well-being of the child, and to help prevent, whenever possible, the filing of a petition to declare the child a dependent of the juvenile court pursuant to Section 300. (f) Contact between the child, the custodial parent, and the noncustodial parent shall be facilitated if that contact is found to be in the best interest of the child. (g) For the purpose of this section, “child” refers to the child born to the minor parent. (h) For the purpose of this section, “minor parent” refers to a dependent child who is also a parent. (i) For the purpose of this section, “nonminor dependent parent” refers to a nonminor dependent, as described in subdivision (v) of Section 11400, who also is a parent. (Amended by Stats. 2015, Ch. 511, Sec. 3. (AB 260) Effective January 1, 2016.)
  82. 16003.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. )

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    Counties that receive this funding must use it to expand home-based family care and related supports, submit a county plan by the deadline, and report outcomes after the fiscal year ends.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. ) ## 16003.5. (a) Any state funding allocated to counties for the purpose of recruiting, retaining, and supporting foster parents, relative caregivers, and resource families shall be used to increase the capacity and use of home-based family care and the provision of services and supports to such caregivers. Allowable expenditures of those funds shall include, but not be limited to, and shall be used to supplement and not supplant, resources used by a county for any of the following purposes: (1) Staffing to provide and improve direct services and supports to licensed foster family homes, approved resource families, and relative caregivers, and to remove any barriers in those areas defined as priorities in the county implementation plan and subsequent reports on outcomes. (2) Exceptional child needs not covered by the caregiver-specific rate that would normalize the child’s experience, stabilize the placement, or enhance the child’s well-being. (3) Child care for licensed foster parents, approved resource families, and relative caregivers. (4) Intensive relative finding, engagement, and navigation efforts. (5) Emerging technological, evidence-informed, or other nontraditional approaches to outreach to potential foster family homes, resource families, and relatives. (b) (1) The department shall provide available funding to counties based upon its approval of plans submitted by each county that requests funding described in subdivision (a). Each county plan shall be submitted by September 1 of any year in which funding is available. Each county plan shall include all of the following: (A) A definition of the specific goal or goals related to increasing the capacity and use of home-based family care and the provision of services and supports to such caregivers that the county intends to achieve. (B) A description of the strategy or strategies the county proposes to pursue to address the goal or goals identified in subparagraph (A). (C) An explanation or rationale for the proposed strategy or strategies relative to the goal or goals identified in subparagraph (A). (D) A list or description of the outcomes that shall be reported pursuant to subdivision (c), including baseline data for those outcomes. (2) The department shall develop, following consultation with the County Welfare Directors Association of California and the Chief Probation Officers of California, criteria for the approval of county plans submitted pursuant to paragraph (1). (c) As a condition of accepting state funding described in subdivision (a), counties receiving that funding shall, by September 30 of the year following the end of the fiscal year in which the funding was available, report to the department the outcomes achieved through the use of that funding and the activities that contributed to those outcomes. This report from each receiving county shall be made in a manner prescribed by the department, following consultation with the County Welfare Directors Association of California and the Chief Probation Officers of California. Using these reports, the department shall share best practices among counties and shall periodically update the Legislature. (d) Funding for the purposes of this section shall be subject to an appropriation by the Legislature. (Added by Stats. 2015, Ch. 773, Sec. 107. (AB 403) Effective January 1, 2016.)
  83. 16004.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. )

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    Child welfare agencies should identify and use whole-family placements for minor parents and their children, and work with providers to develop supporting programs. The department must aggregate related data annually.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. ) ## 16004.5. (a) The Legislature finds and declares that there is an urgent need to develop placement resources to permit minor parents and their children to remain together in out-of-home care when the minor parent is removed from the custody of his or her parents due to abuse or neglect. (b) To the greatest extent possible, child welfare agencies, in conjunction with providers and the state, and in conjunction with ongoing development of placements and the allocation of existing placement resources, shall identify and utilize whole family placements and other placement models that provide supportive family focused care for dependent teens and their children. In identifying these placements, child welfare agencies shall work with providers and stakeholders to identify and develop programs and program models designed to meet these goals. (c) In order to effectively plan, identify, and develop needed resources, and effectively address the needs of this population, the department and local child welfare agencies are encouraged to collect data on the number of minors in foster care who give birth and the number of minor parents who remain in placement with their minor children. The department shall aggregate the data annually. (d) In order to recruit, train, and retain qualified and supportive foster care providers for this population, the department and local child welfare agencies, in consultation with other interested stakeholders, are encouraged to collect information to be used to develop a more cost-effective infant supplemental payment rate structure that more adequately reimburses caregivers for the costs of infant care and teen parent mentoring. (Added by Stats. 2004, Ch. 841, Sec. 4. Effective January 1, 2005.)
  84. 16005.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. )

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    Siblings must be assigned to the same social worker when a prospective adoptive family plans to adopt them together, unless the responsible local agency finds that doing so would not be in the child’s, siblings’, or county office’s best interest.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. ) ## 16005. Siblings shall be assigned to the same social worker when there is a prospective adoptive family that intends to adopt the children as a sibling group, unless the responsible local agency finds that assigning the siblings to the same social worker would not be in the best interest of the child or the siblings or the operation of the county office. (Added by Stats. 2001, Ch. 353, Sec. 4. Effective January 1, 2002.)
  85. 16006.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. )

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    Children and nonminor dependents in out-of-home care must be placed according to their gender identity, even if records list a different gender or sex.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. ) ## 16006. Children and nonminor dependents in out-of-home care shall be placed according to their gender identity, regardless of the gender or sex listed in their court or child welfare records. (Added by Stats. 2015, Ch. 805, Sec. 3. (SB 731) Effective January 1, 2016.)
  86. 16010.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. )

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    In foster care cases, the child protective agency must prepare and share a child’s health and education summary, and update it on required timelines.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. ) ## 16010. (a) (1) When a child is placed in foster care, the case plan for each child recommended pursuant to Section 358.1 shall include a summary of the health and education information or records, including mental health information or records, of the child. The summary may be maintained in the form of a health and education passport, or a comparable format designed by the child protective agency. The health and education summary shall include, but not be limited to, the names and addresses of the child’s health, dental, and education providers; the child’s grade level performance; the child’s school record; assurances that the child’s placement in foster care takes into account proximity to the school in which the child is enrolled at the time of placement; the number of school transfers the child has already experienced; the child’s educational progress, as demonstrated by factors, including, but not limited to, academic proficiency scores; credits earned toward graduation; a record of the child’s immunizations and allergies; the child’s known medical problems; the child’s current medications, past health problems, and hospitalizations; a record of the child’s relevant mental health history; the child’s known mental health condition and medications; and any other relevant mental health, dental, health, and education information concerning the child determined to be appropriate by the Director of Social Services. The health and education summary may also include the name and contact information of the person or persons currently holding the right to make educational decisions for the child; the name and contact information for the educational liaison, as described in subdivision (c) of Section 48853.5 of the Education Code, of the child’s local educational agency; and the contact information for the nearest foster youth services coordinating program. If any other law imposes more stringent information requirements, then that section shall prevail. (2) In instances where it is determined that disclosure pursuant to paragraph (1) of the contact information of the person or persons currently holding the right to make educational decisions for the child poses a threat to the health and safety of that individual or those individuals, that contact information shall be redacted or withheld from the evaluation. (b) Additionally, a court report or assessment required pursuant to subdivision (g) of Section 361.5, Section 366.1, subdivision (d) of Section 366.21, or subdivision (c) of Section 366.22 shall include a copy of the current health and education summary described in subdivision (a), including the name and contact information of the person or persons currently holding the right to make educational decisions for the child. With respect to a nonminor dependent, as described in subdivision (v) of Section 11400, a copy of the current health and education summary shall be included in the court report only if and when the nonminor dependent consents in writing to its inclusion. (c) As soon as possible, but not later than 30 days after initial placement of a child into foster care, the child protective agency shall provide the caregiver with the child’s current health and education summary as described in subdivision (a). For each subsequent placement of a child or nonminor dependent, the child protective agency shall provide the caregiver with a current summary as described in subdivision (a) within 48 hours of the placement. With respect to a nonminor dependent, as described in subdivision (v) of Section 11400, the social worker or probation officer shall advise the young adult of the social worker’s or probation officer’s obligation to provide the health and education summary to the new caregiver and the court, and shall discuss with the youth the benefits and liabilities of sharing that information. (d) (1) Notwithstanding Section 827 or any other law, the child protective agency may disclose any information described in this section to a prospective caregiver or caregivers prior to placement of a child if all of the following requirements are met: (A) The child protective agency intends to place the child with the prospective caregiver or caregivers. (B) The prospective caregiver or caregivers are willing to become the adoptive parent or parents of the child. (C) The prospective caregiver or caregivers have an approved adoption assessment or home study, a foster family home license, certification by a licensed foster family agency, or approval pursuant to the requirements in Sections 361.3 and 361.4. (2) In addition to the information required to be provided under this section, the child protective agency may disclose to the prospective caregiver specified in paragraph (1), placement history or underlying source documents that are provided to adoptive parents pursuant to subdivisions (a) and (b) of Section 8706 of the Family Code. (e) The child’s caregiver shall be responsible for reviewing and receiving pupil records pursuant to subdivision (a) of Section 49069.3 of the Education Code for the purposes specified in subdivision (b) of Section 49069.3 of the Education Code. The child’s caregiver shall be responsible for obtaining and maintaining accurate and thorough information from physicians and educators for the child’s summary as described in subdivision (a) during the time that the child is in the care of the caregiver. On each required visit, the child protective agency or its designee foster family agency shall inquire of the caregiver whether there is any new information that should be added to the child’s summary as described in subdivision (a). The child protective agency shall update the summary with the information as appropriate, but not later than the next court date or within 48 hours of a change in placement. The child protective agency or its designee foster family agency shall take all necessary steps to assist the caregiver in obtaining relevant health and education information for the child’s health and education summary as described in subdivision (a). These steps shall include, but are not limited to, obtaining educational information to share with caregivers, providing appropriate notation on documentation caregivers receive that confirms their status as approved caregivers and their right to access information, and explaining caregiver rights and responsibilities with regard to accessing educational information under Sections 49069.3 and 56055 of the Education Code. The caregiver of a nonminor dependent, as described in subdivision (v) of Section 11400, is not responsible for obtaining and maintaining the nonminor dependent’s health and educational information, but may assist the nonminor dependent with any recordkeeping that the nonminor requests of the caregiver. (f) At the initial hearing, the court shall direct each parent to provide to the child protective agency complete medical, dental, mental health, and educational information, and medical background, of the child and of the child’s mother and the child’s biological father if known. The Judicial Council shall create a form for the purpose of obtaining health and education information from the child’s parents or guardians at the initial hearing. The court shall determine at the hearing held pursuant to Section 358 whether the medical, dental, mental health, and educational information has been provided to the child protective agency. (Amended by Stats. 2017, Ch. 829, Sec. 9. (SB 233) Effective January 1, 2018.)
  87. 16010.10.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. )

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    County child welfare agencies and probation departments must manage admissions, planning, monitoring, discharge, and court reporting for certain children and nonminor dependents in psychiatric residential treatment facilities.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. ) ## 16010.10. (a) It is the intent of the Legislature to ensure that the admission of dependents, nonminor dependents, and wards of the juvenile courts in psychiatric residential treatment facilities, as defined by Section 1250.10 of the Health and Safety Code, occur only when medically necessary and only as the least restrictive setting for psychiatric services. It is further the intent of the Legislature that county child welfare agencies and probation departments maintain communication with any dependent’s, nonminor dependent’s, or ward’s treatment team in a psychiatric residential treatment facility in order to ensure the dependent, nonminor dependent, or ward is receiving all necessary services while in the facility and is placed in a less restrictive facility at the earliest possible time. Further, the child welfare agency or probation department shall be engaged with the treatment team in order to effectively implement the aftercare plan developed pursuant to Section 1262 of the Health and Safety Code. (b) Prior to any voluntary admission of a minor dependent or ward into a psychiatric residential treatment facility, the child welfare agency or probation department shall obtain authorization from the juvenile court, pursuant to Section 6552, for admission to the facility in the manner described by Section 361.23 or 727.13, as applicable. (c) For a dependent, ward, or nonminor dependent admitted to a psychiatric residential treatment facility, the county child welfare agency or probation department, as applicable, shall do all of the following: (1) Maintain regular and consistent communication with the dependent’s, ward’s, or nonminor dependent’s treatment team in order to ensure the dependent, ward, or nonminor dependent is receiving necessary services and to report on the dependent’s, ward’s, or nonminor dependent’s progress to the court. (2) Develop a plan detailing all of the following: (A) How the county child welfare agency or probation department, as applicable, will provide access to necessary services not provided by the facility, including, but not limited to, independent living skills services, visitation consistent with court orders, and education services, while the dependent, ward, or nonminor dependent remains in the facility. (B) How the county child welfare agency or probation department, as applicable, will plan for the dependent’s, ward’s, or nonminor dependent’s placement and services upon discharge from the facility, including any community-based mental health services. (C) How the county child welfare agency or probation department, as applicable, in consultation with the dependent’s, ward’s, or nonminor dependent’s treatment team, will support the dependent’s, ward’s, or nonminor dependent’s lifelong connections. (3) Modify the plan described in paragraph (2) to implement the aftercare plan developed pursuant to Section 1262 of the Health and Safety Code. (4) Provide a copy of the plan developed pursuant to paragraph (2) or (3) to the court for hearings described in Section 361.23 or 727.13, as applicable. (d) The plans developed pursuant to subparagraphs (2) and (3) of subdivision (c) shall include, but not be limited to, the following: (1) A description of how the child and family team and system of care partners are involved in the implementation of the dependent’s, nonminor dependent’s, or ward’s aftercare plan. (2) How the county child welfare agency or probation department will seek or develop less restrictive placement options for the dependent, nonminor dependent, or ward, preferably with family or in family-based settings. (3) Whether and how the county child welfare agency or probation department has engaged or will engage in a state level technical assistance process developed by the State Department of Social Services to identify placement and services resources for the dependent or ward. (4) How the county child welfare agency or probation department will comply with the requirements of Section 4096 if the plan for providing aftercare includes transition to a short-term residential therapeutic program or community treatment placement. (e) Whenever a county child welfare agency or probation department is notified by a psychiatric residential treatment facility that the consent for voluntary admission has been revoked, the county child welfare agency or probation department shall make immediate arrangements for the dependent’s, ward’s or nonminor dependent’s discharge from the facility. The county child welfare agency or probation department shall have staff available to arrange for the discharge of a dependent, ward, or nonminor dependent if consent is revoked during nonbusiness hours. The child welfare agency or probation department shall ensure that discharge from the facility shall be in accordance with the nonminor dependent’s aftercare plan which shall be implemented to ensure continuity of care with the nonminor dependent’s family, school, and community upon discharge. (f) Whenever a dependent, ward, or nonminor is detained involuntarily in a psychiatric residential treatment facility pursuant to Article 1 (commencing with Section 5150), or admitted to a psychiatric residential treatment facility by consent of a conservator, the county child welfare agency or probation department shall regularly monitor the dependent, ward, or nonminor dependent. The county child welfare agency or county probation department shall work with the facility to ensure that the dependent, ward, or nonminor dependent is discharged with all services and supports in place as necessary for a successful transition into a less restrictive setting. The county child welfare agency or county probation department shall provide evidence of these activities to the juvenile court at hearings pursuant to subdivision (g) of Section 361.23 or subdivision (g) of Section 727.13, as applicable. (g) The social worker or probation officer responsible for the dependent, ward, or nonminor dependent shall request from the psychiatric residential treatment facility information about the dependent’s, ward’s, or nonminor dependent’s anticipated length of stay, service and treatment needs, and a copy of the dependent’s, ward’s, or nonminor dependent’s aftercare plan, developed pursuant to Section 1262 of the Health and Safety Code, when available. (h) 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 State Department of Social Services, in consultation with the State Department of Health Care Services may implement, interpret, or make specific this section by means of all-county letters or similar written instructions from the department until regulations are adopted. These all-county letters or similar written instructions shall have the same force and effect as regulations until the adoption of regulations. (Added by Stats. 2022, Ch. 589, Sec. 16. (AB 2317) Effective January 1, 2023.)
  88. 16010.11.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. )

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    County child welfare agencies must adopt foster care placement-transition policies and later submit them to the department.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. ) ## 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 child’s 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, caregivers, and tribes to create a placement transition policy that includes all of the following: (A) Consideration of a child’s 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 in the case of an Indian child, extended family members and the child’s tribe, 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 providers, 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, and in the case of an Indian child, the child’s tribe, 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. (Added by Stats. 2025, Ch. 564, Sec. 4. (AB 896) Effective January 1, 2026.)
  89. 16010.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. )

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    The department must plan and guide health care coordination for foster children, and foster youth in foster care have a right to health care that includes gender affirming care, subject to consent laws.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. ) ## 16010.2. (a) The department, in consultation with pediatricians, other health care experts, including public health nurses, and experts in and recipients of child welfare services, including parents, shall develop a plan for the ongoing oversight and coordination of health care services for a child in a foster care placement. The plan shall ensure a coordinated strategy to identify and respond to the health care needs of foster children, including mental health and dental needs, consistent with Section 205 of the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351). (b) (1) The right of minors and nonminors in foster care to health care and mental health care described in paragraph (4) of subdivision (a) of Section 16001.9 includes covered gender affirming health care and gender affirming mental health care. This right 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. (2) The department shall, in consultation with the State Department of Health Care Services and other stakeholders, develop guidance and describe best practices to identify, coordinate, and support foster youth seeking access to gender affirming health care and gender affirming mental health care and shall incorporate current guidance on ensuring access to Medi-Cal services for transgender beneficiaries. This consultation may be incorporated into existing departmental workgroups focused on foster youth rights or on foster youth sexual orientation, gender identity, and gender expression. The department shall issue written guidance by January 1, 2020. (3) For purposes of this section, the following definitions apply: (A) “Gender affirming health care” means medically necessary health care that respects the gender identity of the patient, as experienced and defined by the patient, and may include, but is not limited to, the following: (i) Interventions to suppress the development of endogenous secondary sex characteristics. (ii) Interventions to align the patient’s appearance or physical body with the patient’s gender identity. (iii) Interventions to alleviate symptoms of clinically significant distress resulting from gender dysphoria, as defined in the Diagnostic and Statistical Manual of Mental Disorders, 5th Edition. (B) “Gender affirming mental health care” means mental health care or behavioral health care that respects the gender identity of the patient, as experienced and defined by the patient, and may include, but is not limited to, developmentally appropriate exploration and integration of identity, reduction of distress, adaptive coping, and strategies to increase family acceptance. (Amended by Stats. 2018, Ch. 385, Sec. 3. (AB 2119) Effective January 1, 2019.)
  90. 16010.4.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. )

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    This section says foster caregivers should receive key information about the child, and caregivers have a right to notice and participation in review/permanency hearings during placement.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. ) ## 16010.4. The Legislature finds and declares all of the following: (a) Foster parents are one of the most important sources of information about the children in their care. Courts, lawyers, and social workers should have the benefit of caregivers’ perceptions. Both federal and state law recognize the importance of foster parents’ participation in juvenile court proceedings. Federal law requires that foster parents and other caregivers receive expanded opportunities for notice, the right to participate in dependency court review and permanency hearings, and the right to communicate concerns to the courts. State law similarly provides that caregivers may submit their concerns to courts in writing. (b) It is in the children’s best interests that their caregivers are privy to important information about them. This information is necessary to obtain social and health services for children, enroll children in school and extracurricular activities, and update social workers and court personnel about important developments affecting foster children. (c) Most school districts and extracurricular organizations require proof of age before enrolling a child in their programs. Moreover, caregivers are required to obtain a medical appointment for their foster children within the first month of receiving the children into their homes. It would therefore be in both the children’s and the caregivers’ best interests to be provided with any available medical information, medications and instructions for use, and identifying information about the children upon receiving the children into their homes. (d) Caregivers should have certain basic information in order to provide for the needs of children placed in their care, including all of the following: (1) The name, mailing address, telephone number, facsimile number, and email address of the child’s social worker and the social worker’s supervisor. (2) The name, mailing address, telephone number, facsimile number, and email address of the child’s attorney and court-appointed special advocate (CASA), if any. (3) The name, address, and department number of the juvenile court in which the child’s juvenile court case is pending. (4) The case number assigned to the child’s juvenile court case. (5) A copy of the child’s birth certificate, passport, or other identifying documentation of age as may be required for enrollment in school and extracurricular activities. (6) The child’s State Department of Social Services identification number. (7) The child’s Medi-Cal identification number or group health insurance plan number. (8) Medications or treatments in effect for the child at the time of placement, and instructions for their use. (9) A plan outlining the child’s needs and services, including information on family and sibling visitation. (10) A copy of the health and education summary as required under Section 16010, with the name and current contact information of the person or persons currently holding the right to make educational decisions for the child. (e) Caregivers should have knowledge of all of the following: (1) Their right to receive notice of all review and permanency hearings concerning the child during the placement. (2) Their right to attend those hearings or submit information they deem relevant to the court in writing. (3) The “Caregiver Information Form” (Judicial Council Form JV-290), which allows the caregiver to provide information directly to the court. (4) Information about and referrals to any existing services, including transportation, translation, training, forms, and other available services. (5) The caregiver’s obligation to cooperate with any reunification, concurrent, or permanent planning for the child. (6) Any known siblings or half-siblings of the child, whether the child has, expects, or desires to have contact or visitation with any or all siblings, and how and when caregivers facilitate the contact or visitation. (7) The importance of the caregiver’s role in education, educational protections specific to foster youth under state and federal law, and the rights and obligations of caregivers to access and maintain educational and health information, including the requirements under Sections 49069.3, 49076, and 56055 of the Education Code and Section 16010 of this code. (f) Courts should know, at the earliest possible date, the interest of the caretaker in providing legal permanency for the child. (Amended by Stats. 2017, Ch. 829, Sec. 10. (SB 233) Effective January 1, 2018.)
  91. 16010.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. )

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    The placing agency must give the child’s caretaker or caregiver certain medication, treatment, age, and identity documents after foster care or kinship care placement, subject to stated time limits.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. ) ## 16010.5. (a) When initially placing a child into foster care or kinship care, and within 48 hours of any subsequent placement of that child, the placing agency shall provide to the child’s caretaker both of the following: (1) Prescribed medications for the child that are in the possession of the placing agency, with instructions for the use of the medication. (2) Information regarding any treatments that are known to the placing agency and that are in effect for the child at the time of the placement. (b) As soon as possible after placing a child into foster care or kinship care, and no later than 30 days after placing the child, the placing agency shall provide to the child’s caregiver any available documentation or proof of the child’s age that may be required for enrollment in school or activities that require proof of age. (c) Within 30 days of receiving a copy of a child’s birth certificate or passport, a placing agency shall provide a copy of that document to the child’s caregiver. (d) Nothing shall preclude the placing agency from providing the name, mailing address, telephone number, and facsimile number of the child’s attorney and the child’s court-appointed special advocate, if any, to the child or the child’s caregiver upon their request. (Added by Stats. 2003, Ch. 812, Sec. 6. Effective January 1, 2004.)
  92. 16010.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. )

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    The placing agency must quickly notify the child’s attorney after a placement decision, and special notice rules apply for sibling separations and undocumented immigrant status. It may not place a child outside the United States before a judicial best-interest finding, except as required by federal law or treaty.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. ) ## 16010.6. (a) As soon as a placing agency makes a decision with respect to a placement or a change in placement of a dependent child, but not later than the close of the following business day, the placing agency shall notify the child’s attorney and provide to the child’s attorney information regarding the child’s address, telephone number, and caregiver. (b) (1) A placing agency shall not make a placement or a change in placement of a child outside the United States before a judicial finding that the placement is in the best interest of the child, except as required by federal law or treaty. (2) The placing agency shall carry the burden of proof and show, by clear and convincing evidence, that placement outside the United States is in the best interest of the child. (3) In determining the best interest of the child, the court shall consider, but not be limited to, the following factors: (A) Placement with a relative. (B) Placement of siblings in the same home. (C) Amount and nature of any contact between the child and the potential guardian or caretaker. (D) Physical and medical needs of the dependent child. (E) Psychological and emotional needs of the dependent child. (F) Social, cultural, and educational needs of the dependent child. (G) Specific desires of a dependent child who is 12 years of age or older. (4) If the court finds that a placement outside the United States is, by clear and convincing evidence, in the best interest of the child, the court may issue an order authorizing the placing agency to make a placement outside the United States. A child subject to this subdivision shall not leave the United States before the issuance of the order described in this paragraph. (5) For purposes of this subdivision, “outside the United States” shall not include the lands of a federally recognized American Indian tribe or Alaskan Natives. (6) This section does not apply to the placement of a dependent child with a parent. (c) Absent exigent circumstances, as soon as a placing agency becomes aware of the need for a change in placement of a dependent child or ward that will result in the separation of siblings currently placed together, the placing agency shall notify the child’s attorney and the child’s siblings’ attorney of this proposed separation no less than 10 calendar days before the planned change of placement so that the attorneys may investigate the circumstances of the proposed separation. If the placing agency first becomes aware, by written notification from a foster family agency, group home, or other foster care provider, of the need for a change in placement for a dependent child or ward that will result in the separation of siblings currently placed together, and that the child or children shall be removed within seven days, notice shall be provided to the attorneys by the end of the next business day after the receipt of notice from the provider. In an emergency, the placing agency shall provide notice as soon as possible, but no later than the close of the first business day following the change of placement. This notification shall be sufficient notice for the purposes of subdivision (a). (d) When the required notice is given before a change in placement, the notice shall include information regarding the child’s address, telephone number, and caregiver or any one or more of these items of information to the extent that this information is known at the time that the placing agency provides notice to the child’s attorney. When the required notice is given after the change in placement, notice shall include information regarding the child’s address, telephone number, and caregiver. (e) The Judicial Council shall adopt a rule of court directing the attorney for a child for whom a dependency petition has been filed, upon receipt from the agency responsible for placing the child of the name, address, and telephone number of the child’s caregiver, to timely provide the attorney’s contact information to the caregiver and, if the child is 10 years of age or older, to the child. This rule does not preclude an attorney from giving contact information to a child who is younger than 10 years of age. (f) When the placing agency becomes aware that a dependent child or a nonminor dependent is an undocumented immigrant, the placing agency shall notify the dependent child’s or nonminor dependent’s attorney that the dependent child or nonminor dependent is an undocumented immigrant. Electronic or telephonic notice shall be provided to the attorney within five business days of learning of the dependent child’s or nonminor dependent’s immigration status. (Amended by Stats. 2021, Ch. 528, Sec. 4. (AB 829) Effective January 1, 2022.)
  93. 16010.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. )

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    This section requires foster care placement-preservation steps before a placement change, including a strategy meeting, written notice, recordkeeping, and transition planning, and it limits unplanned overnight-to-early-morning placement changes.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. ) ## 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 caregiver’s or provider’s 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 child’s or youth’s 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 child’s 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 child’s 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 child’s parent or guardian. (2) The child’s caregiver. (3) The child’s attorney. (4) The child, if the child is 10 years of age or older. (f) If the child’s 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. (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 child’s current caregiver. (3) The child’s prospective caregiver. (4) The child’s social worker or probation officer. (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 director’s designee, or to the chief probation officer, or the chief probation officer’s designee, for the purposes of training, technical assistance, and quality improvement. (i) Notwithstanding subdivisions (b) and (e), a social worker or probation officer may change a child’s 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). (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. (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. (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 child’s case plan. (Amended by Stats. 2025, Ch. 564, Sec. 3. (AB 896) Effective January 1, 2026.)
  94. 16010.8.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. )

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    The section states a legislative intent that children and youth in foster care should not remain in group care longer than one year, and it requires the State Department of Social Services to report updates to the Legislature.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. ) ## 16010.8. It is the intent of the Legislature that no child or youth in foster care reside in group care for longer than one year. The State Department of Social Services shall provide updates to the Legislature, commencing no later than January 1, 2014, regarding the outcomes of assessments of children and youth who have been in group homes for longer than one year and the corresponding outcomes of transitions, or plans to transition, them into family settings. (Added by Stats. 2013, Ch. 21, Sec. 41. (AB 74) Effective June 27, 2013.)
  95. 16010.9.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. )

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    County placing agencies must exhaust in-state options and complete required assessments before seeking certification or placing a child in an out-of-state residential facility, with exceptions for exempt placements.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. ) ## 16010.9. (a) It is the intent of the Legislature to restrict the use of out-of-state residential facilities, as defined in subdivision (b) of Section 7910 of the Family Code, by county placing agencies to instances in which all in-state placements and services that meet the needs of the child have been exhausted and an individualized assessment of the needs of the child, minor, or nonminor dependent in relation to an identified out-of-state residential facility has been conducted by the county before the request for child-specific certification of the out-of-state residential facility by the State Department of Social Services. (b) Placement in an out-of-state residential facility shall occur only after the facility has been certified pursuant to Section 7911.1 of the Family Code, unless the placement is exempt from certification. The department shall issue instructions to the counties that describes the process the county placing agency shall follow to determine that in-state placements and services have been exhausted and the required components of an individualized assessment. (c) On and after July 1, 2021, before seeking a child-specific certification of an out-of-state residential facility, the county placing agency shall do all of the following: (1) Participate in a state-level technical assistance process established by the State Department of Social Services, that includes both of the following: (A) A review of statewide placement options. (B) Documentation of the good faith effort on the part of the county placing agency to implement any recommendations from a qualified individual that may avoid the need for placement out of state. (2) Secure documentation of a recommendation by a county multidisciplinary team that includes verification by the county that the program provides the specific clinical services and qualifications which the individual child needs and that these services are unavailable in-state. (A) The multidisciplinary team shall consist of participating members from county social services, county mental health, county probation, county superintendents of schools, and other members, as determined by the county. The interagency placement committee may serve as the multidisciplinary team for the purpose of this section. (B) Participants shall have knowledge or experience in the prevention, identification, and treatment of child abuse and neglect cases, and shall be qualified to recommend a broad range of services related to child abuse or neglect. (d) On and after October 1, 2021, in addition to meeting the requirements of subdivision (c), the county placing agency shall obtain an assessment of the child’s services and placement needs, incorporating the recommendations of a qualified individual, as described in subdivision (g) of Section 4096. (e) If placement of a child in an out-of-state residential facility is recommended by the county placing agency following the activities described in subdivisions (c) and (d), the placing agency may request a child-specific certification of the placement pursuant to Section 7911.1 of the Family Code by submitting to the State Department of Social Services documentation that the county placing agency has completed the requirements of subdivisions (c) and (d). The request shall be signed and approved by the deputy director or director of the county child welfare agency or the chief probation officer of the county probation department, as applicable. (f) Upon receiving verification that the State Department of Social Services has certified the child-specific out-of-state residential facility, the county placing agency shall seek court approval of placement in the out-of-state residential facility pursuant to Section 361.21 or 727.1, as applicable, before placing the child in the out-of-state residential facility. The county placing agency shall present to the court evidence that it has completed all the requirements set forth in subdivision (b) and proof that the facility has been certified by the department pursuant to Section 7911.1 of the Family Code. (g) Subdivisions (c) to (e), inclusive, do not apply to the placement of a child in an out-of-state residential facility that is exempt from certification pursuant to Section 7911.1 of the Family Code. (h) 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 State Department of Social Services, in consultation with the State Department of Health Care Services may implement, interpret, or make specific this section by means of all-county letters or similar written instructions from the department until regulations are adopted. These all-county letters or similar written instructions shall have the same force and effect as regulations until the adoption of regulations. (Added by Stats. 2021, Ch. 86, Sec. 46. (AB 153) Effective July 16, 2021.)
  96. 16011.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. )

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    Los Angeles County may run a pilot Internet-based health and education passport system for foster children, but only under the section’s conditions.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. ) ## 16011. (a) Subject to the conditions prescribed by this section, Los Angeles County may pursue the development and evaluation of a pilot Internet-based health and education passport system. The system shall be known as the Passport System. The Passport System shall collect and maintain health and education records for foster children under the supervision of the county social services or probation department, as required by Section 16010. The Passport System shall initially be conducted as a limited pilot project in a subset of Los Angeles County, and upon successful evaluation, may be expanded statewide. (1) Los Angeles County shall be responsible for the planning, development, and implementation of the Passport System. Los Angeles County is responsible for the development of the advance planning document (APD) as prescribed by federal regulations, requesting funding consistent with the child welfare services program. The APD shall include, but not be limited to, the design of an interface between the web-based Passport System and the Child Welfare Services/Case Management System (CWS/CMS) so that information entered into the Passport System shall automatically and permanently reside in the CWS/CMS. In addition, the APD shall include the scope of the pilot project, the evaluation plan pursuant to subdivisions (b) and (d), and the county shall address a plan for compliance with pertinent provisions in state and federal law requiring that privacy of confidential information be maintained. (2) The department shall review and, upon approval by the appropriate state agencies, shall transmit the APD to the federal Department of Health and Human Services. The department shall facilitate assistance as appropriate to gain federal approval of the APD. Implementation of the pilot system shall be contingent upon federal approval of the APD and of the request for federal funding consistent with the child welfare services program. It shall also be contingent upon assurance by the United States Secretary of Health and Human Services that the federal funding for the CWS/CMS shall not be adversely impacted by the development and implementation of the Passport System. If the department is unable to gain federal approval of the pilot project by January 1, 2004, authorization for the pilot project established by this section shall cease. (3) The Passport System shall provide real-time access to health, mental health, and educational information by health and mental health care providers, educators, licensed or approved foster care givers, and local agency staff in order to improve the accuracy and reliability of information necessary to ensure receipt of appropriate services for children in foster care, to improve health and educational outcomes, and to reduce and eliminate the risk of inadequate treatment by service providers, multiple immunizations, other severe health and education problems, and death. (4) The Passport System shall meet all the operational and administrative needs of local participating agencies; be scalable and flexible to interface with and integrate data from multiple Los Angeles County and other county departments and state agencies that provide services to children, using data matching algorithms that provide a high level of confidence and reliability; maximize the use and availability of information in a secured and reliable environment; allow relevant county staff, health, mental health, education providers, and licensed or approved foster care givers to update or view appropriate data through a web-enabled application via the Internet; contain fire walls and safeguards to ensure that only authorized persons inquire and update only those cases which they have been authorized to access; and to ensure the integrity and confidentiality of the system. (b) Prior to commencement of the pilot project, Los Angeles County, in consultation with the department, shall develop a pilot evaluation plan subject to approval by the department and the United States Secretary of Health and Human Services. The plan shall include, but is not limited to, identification of measurable objectives, and benefits that the pilot project is expected to achieve, the methodology, and plan criteria for evaluating the pilot project. (c) The pilot plan shall include a strategy to incentivize health, mental health, and educational providers servicing foster children to utilize and update the Internet-based system. (d) Implementation of the interface between the Internet-based Passport System and the CWS/CMS shall be contingent upon approval of federal reimbursement consistent with the child welfare services program. Funding shall be subject to the sharing ratios that apply to the administration of child welfare services programs. Any funds appropriated for this purpose not expended in the 2001–02 fiscal year shall be available for the purposes of this section as expenditure in subsequent years. After one year of operation of the pilot project, Los Angeles County shall complete a pilot evaluation as described in the pilot evaluation plan. The results of the evaluation shall be provided to the chairpersons of the fiscal and policy committees of each house of the Legislature, the Chairperson of the Joint Legislative Budget Committee, and the Department of Finance. (Amended by Stats. 2002, Ch. 1022, Sec. 52. Effective September 28, 2002.)
  97. 16013.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. )

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    People providing care and services to foster children must have equal access to programs, services, benefits, and licensing, and must not face discrimination or harassment on specified protected grounds.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. ) ## 16013. (a) It is the policy of this state that all persons engaged in providing care and services to foster children, including, but not limited to, foster parents, adoptive parents, relative caregivers, and other caregivers contracting with a county welfare department, shall have fair and equal access to all available programs, services, benefits, and licensing processes, and shall not be subjected to discrimination or harassment on the basis of their clients’ or their own actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status. (b) Nothing in this section shall be interpreted to create or modify existing preferences for foster placements or to limit the local placement agency’s ability to make placement decisions for a child based on the child’s best interests. (Amended by Stats. 2008, Ch. 557, Sec. 5. Effective January 1, 2009.)
  98. 16014.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. )

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    State education and social services agencies must work together with local and private foster care groups to set roles, funding claims, and eligibility-sharing rules, and they must help counties and local educational agencies draft agreements to access funding.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 1. Foster Care Placement [16000 - 16014] ( Chapter 1 added by Stats. 1990, Ch. 1370, Sec. 1. ) ## 16014. (a) It is the intent of the Legislature to maximize federal funding for foster youth services provided by local educational agencies. (b) The State Department of Education and the State Department of Social Services shall collaborate with the County Welfare Directors Association, representatives from local educational agencies, and representatives of private, nonprofit foster care providers to establish roles and responsibilities, claiming requirements, and sharing of eligibility information eligible for funding under Part E (commencing with Section 470) of Title IV of the federal Social Security Act (42 U.S.C. Sec. 301 et seq.). These state agencies shall also assist counties and local educational agencies in drafting memorandums of understanding between agencies to access funding for case management activities associated with providing foster youth services for eligible children. That federal funding shall be an augmentation to the current program and shall not supplant existing state general funds allocated to this program. (c) School districts shall be responsible for 100 percent of the nonfederal share of payments received under that act. (Added by Stats. 2004, Ch. 914, Sec. 16. Effective January 1, 2005.)
  99. 16100.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2. County Adoption Agencies [16100 - 16106] ( Chapter 2 added by Stats. 1965, Ch. 1784. )

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    Counties may carry out certain adoption-related functions, and county adoption agencies may contract for those services in some cases. The section does not authorize county adoption agencies to provide intercountry adoption services.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2. County Adoption Agencies [16100 - 16106] ( Chapter 2 added by Stats. 1965, Ch. 1784. ) ## 16100. (a) Any county may perform the home-finding and placement functions, to investigate, examine, and make reports upon petitions for adoption filed in the superior court, to act as a placement agency in the placement of children for adoption, to accept relinquishments for adoption, and to perform such other functions in connection with adoption as the department deems necessary, or to do any of them. Nothing in this section shall be construed to authorize a county adoption agency, as provided in subdivision (d), to provide intercountry adoption services. (b) Notwithstanding any other law, a county adoption agency performing the functions specified in subdivision (a) may contract for services described in subdivision (a) from any licensed private adoption agency that the private adoption agency is licensed to provide pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code. A licensed county adoption agency may also contract for services described in subdivision (a) from any out-of-state licensed public or private adoption agency that is licensed pursuant to the laws of that state. Any services contracted for shall substantially meet the standards and criteria established in California adoption regulations as determined by the licensed county adoption agency. These services shall be contracted for in order to facilitate adoptive placement of a specified category of children for whom the licensed county adoption agency has determined it cannot provide adequate services. (c) Counties that elect not to provide the adoption services specified in subdivision (a) may contract with the department or another county adoption agency to provide those services. (Amended by Stats. 2012, Ch. 35, Sec. 103. (SB 1013) Effective June 27, 2012.)
  100. 16101.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2. County Adoption Agencies [16100 - 16106] ( Chapter 2 added by Stats. 1965, Ch. 1784. )

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    Before the 2011–12 fiscal year, the state must pay and reimburse county adoption-program administrative costs, minus certain fees; from the 2011–12 fiscal year onward, funding and expenditures must follow the cited Government Code requirements.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2. County Adoption Agencies [16100 - 16106] ( Chapter 2 added by Stats. 1965, Ch. 1784. ) ## 16101. (a) Prior to the 2011–12 fiscal year, the cost of administering the adoption programs undertaken by a county under license issued pursuant to Section 16100 of this code shall be borne by the state in the amount found necessary by the department for proper and efficient administration. The state shall reimburse the county for all such necessary administrative costs, after deducting therefrom the amount of fees collected by the county agency pursuant to Section 8716 of the Family Code. (b) Beginning in the 2011–12 fiscal year, and each fiscal year thereafter, funding and expenditures for programs and activities under the section for the purposes of administering the adoption programs shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code. (Amended by Stats. 2012, Ch. 35, Sec. 104. (SB 1013) Effective June 27, 2012.)
  101. 16105.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2. County Adoption Agencies [16100 - 16106] ( Chapter 2 added by Stats. 1965, Ch. 1784. )

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    If federal grants are provided for an adoption program or for caring for children relinquished for adoption, the grant amount must be used to offset those costs.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2. County Adoption Agencies [16100 - 16106] ( Chapter 2 added by Stats. 1965, Ch. 1784. ) ## 16105. If any grants-in-aid are made by the federal government for the cost of administering an adoption program, or for the cost of care of children relinquished for adoption, the amount of the federal grant shall be applied to defer the cost of administration or of care. (Amended by Stats. 2012, Ch. 35, Sec. 105. (SB 1013) Effective June 27, 2012.)
  102. 16106.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2. County Adoption Agencies [16100 - 16106] ( Chapter 2 added by Stats. 1965, Ch. 1784. )

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    The state must reimburse counties for the cost of care for certain children, and county reimbursement claims must be filed with the department as it directs and are subject to audit.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2. County Adoption Agencies [16100 - 16106] ( Chapter 2 added by Stats. 1965, Ch. 1784. ) ## 16106. The state shall reimburse each county for the cost of care of any child placed under the custody of a county department pursuant to Section 8805 or 8918 of the Family Code. County claims for reimbursement of expenses incurred pursuant to Section 8805 or 8918 of the Family Code shall be filed with the department at the time and in the manner specified by the department, and the claims shall be subject to audit by the department. Whenever a claim covering a prior fiscal year is found to have been in error, adjustment may be made on a current claim without the necessity of applying adjustment to the appropriation for the prior fiscal year. (Amended by Stats. 1992, Ch. 163, Sec. 157. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
  103. 16115.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.1. Aid for Adoption of Children [16115 - 16125] ( Chapter 2.1 added by Stats. 1968, Ch. 1322. )

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    Aid under this chapter is named the Adoption Assistance Program.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.1. Aid for Adoption of Children [16115 - 16125] ( Chapter 2.1 added by Stats. 1968, Ch. 1322. ) ## 16115. Aid under this chapter shall be known as the Adoption Assistance Program. (Amended by Stats. 1982, Ch. 977, Sec. 18. Effective September 13, 1982. Operative October 1, 1982, by Sec. 36 of Ch. 977.)
  104. 16115.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.1. Aid for Adoption of Children [16115 - 16125] ( Chapter 2.1 added by Stats. 1968, Ch. 1322. )

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    The Legislature states that this chapter is meant to benefit children in foster homes by promoting stable, permanent homes and reducing foster home care.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.1. Aid for Adoption of Children [16115 - 16125] ( Chapter 2.1 added by Stats. 1968, Ch. 1322. ) ## 16115.5. It is the intent of the Legislature in enacting this chapter to benefit children residing in foster homes by providing the stability and security of permanent homes, and in so doing, achieve a reduction in foster home care. It is not the intent of this chapter to increase expenditures but to provide for payments to adoptive parents to enable them to meet the needs of children who meet the criteria established in Sections 16116, 16120, and 16121. (Amended by Stats. 1993, Ch. 1087, Sec. 1. Effective October 11, 1993.)
  105. 16118.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.1. Aid for Adoption of Children [16115 - 16125] ( Chapter 2.1 added by Stats. 1968, Ch. 1322. )

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    The department must run the adoption assistance program, adopt needed regulations, keep records, seek federal funds, and ensure counties report and certify eligibility as required.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.1. Aid for Adoption of Children [16115 - 16125] ( Chapter 2.1 added by Stats. 1968, Ch. 1322. ) ## 16118. (a) The department shall establish and administer the program to be carried out by the department or the county pursuant to this chapter. The department shall adopt any regulations necessary to carry out the provisions of this chapter. (b) The department shall keep the records necessary to evaluate the program’s effectiveness in encouraging and promoting the adoption of children eligible for the Adoption Assistance Program. (c) The department or the county responsible for providing financial aid in the amount determined in Section 16120 shall have responsibility for certifying that the child meets the eligibility criteria and for determining the amount of financial assistance needed by the child and the adopting family. (d) The department shall actively seek and make maximum use of federal funds that may be available for the purposes of this chapter. In accordance with federal law, any savings realized from the change in federal funding for adoption assistance resulting from the enactment of the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351) shall be spent for the provision of foster care and adoption services, and the counties shall annually report to the department how these savings are spent, including any expenditures for postadoption services. Not less than 30 percent of these savings shall be spent on postadoption services, postguardianship services, and services to support and sustain positive permanent outcomes for children who otherwise might enter into foster care. Of that 30-percent amount, at least two-thirds shall be spent on postadoption and postguardianship services. The process for submitting this information shall be developed by the department, in consultation with counties. All gifts or grants received from private sources for the purpose of this chapter shall be used to offset public costs incurred under the program established by this chapter. (e) For purposes of this chapter, the county responsible for determining the child’s Adoption Assistance Program eligibility status and for providing financial aid in the amount determined in Sections 16120 and 16120.1 shall be the county that, at the time of the adoptive placement, would otherwise be responsible for making a payment pursuant to Section 11450 under the CalWORKs program or Section 11461 under the Aid to Families with Dependent Children-Foster Care program if the child were not adopted. When the child has been voluntarily relinquished for adoption prior to a determination of eligibility for this payment, the responsible county shall be the county in which the relinquishing parent resides. The responsible county for all other eligible children shall be the county where the child is physically residing prior to placement with the adoptive family. The responsible county shall certify eligibility on a form prescribed by the department. (f) Beginning in the 2011–12 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code. (Amended by Stats. 2015, Ch. 425, Sec. 24. (SB 794) Effective January 1, 2016.)
  106. 16119.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.1. Aid for Adoption of Children [16115 - 16125] ( Chapter 2.1 added by Stats. 1968, Ch. 1322. )

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    Certain agencies must give prospective adoptive families written information about adoption assistance, related reimbursements, mental health services, tax credits, and payment conditions.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.1. Aid for Adoption of Children [16115 - 16125] ( Chapter 2.1 added by Stats. 1968, Ch. 1322. ) ## 16119. (a) At the time application for adoption of a child who is potentially eligible for Adoption Assistance Program benefits is made, and at the time immediately prior to the finalization of the adoption decree, the department, county adoption agency, or the licensed adoption agency, whichever is appropriate, shall provide the prospective adoptive family with information, in writing, on the availability of Adoption Assistance Program benefits, with an explanation of the difference between these benefits and foster care payments. The department, county adoption agency, or the licensed adoption agency shall also provide the prospective adoptive family with information, in writing, on the availability of reimbursement for the nonrecurring expenses incurred in the adoption of the Adoption Assistance Program eligible child. The department, county adoption agency, or licensed adoption agency shall also provide the prospective adoptive family with information on the availability of mental health services through the Medi-Cal program or other programs, including information, in writing, regarding the importance of working with mental health providers that have specialized adoption or permanency clinical training and experience if the family needs clinical support, and a description of the desirable clinical expertise the family should look for when choosing an adoption- or permanency-competent mental health professional. The department, county adoption agency, or licensed adoption agency shall also provide information regarding the federal adoption tax credit for any individual who is adopting or considering adopting a child in foster care, in accordance with Section 403 of the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351). (b) The department, county adoption agency, or licensed adoption agency shall encourage families that elect not to sign an adoption assistance agreement to sign a deferred adoption assistance agreement. (c) The department or the county, whichever is responsible for determining the child’s eligibility for the Adoption Assistance Program, shall assess the needs of the child and the circumstances of the family. (d) (1) The amount of an adoption assistance cash benefit, if any, shall be a negotiated amount based upon the needs of the child and the circumstances of the family. There shall be no means test used to determine an adoptive family’s eligibility for the Adoption Assistance Program, or the amount of adoption assistance payments. In those instances where an otherwise eligible child does not require a cash benefit, Medi-Cal eligibility may be established for the child, as needed. (2) For purposes of paragraph (1), “circumstances of the family” includes the family’s ability to incorporate the child into the household in relation to the lifestyle, standard of living, and future plans and to the overall capacity to meet the immediate and future plans and needs, including education, of the child. (e) The department, county adoption agency, or licensed adoption agency shall inform the prospective adoptive family regarding the county responsible for providing financial aid to the adoptive family in an amount determined pursuant to Sections 16120 and 16120.1. (f) The department, county adoption agency, or licensed adoption agency shall inform the prospective adoptive family that the adoptive parents will continue to receive benefits in the agreed upon amount unless one of the following occurs: (1) The department or county adoption agency determines that the adoptive parents are no longer legally responsible for the support of the child. (2) The department or county adoption agency determines that the child is no longer receiving support from the adoptive family. (3) The adoption assistance payment exceeds the amount that the child would have been eligible for in a licensed foster home, or a resource family at the basic rate, inclusive of any level of care rate determination. (4) The adoptive parents demonstrate a need for an increased payment. (5) The adoptive parents voluntarily reduce or terminate payments. (6) The adopted child has an extraordinary need that was not anticipated at the time the amount of the adoption assistance was originally negotiated. (g) The department, county adoption agency, or licensed adoption agency shall inform the prospective adoptive family of their potential eligibility for a federal tax credit under Section 23 of the Internal Revenue Code of 1986 (26 U.S.C. Sec. 23) and a state tax credit under Section 17052.25 of the Revenue and Taxation Code. (Amended by Stats. 2017, Ch. 732, Sec. 95.5. (AB 404) Effective January 1, 2018.)
  107. 16120.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.1. Aid for Adoption of Children [16115 - 16125] ( Chapter 2.1 added by Stats. 1968, Ch. 1322. )

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    A child is eligible for Adoption Assistance Program benefits only if the section’s listed conditions are met, or if subdivision (m) applies.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.1. Aid for Adoption of Children [16115 - 16125] ( Chapter 2.1 added by Stats. 1968, Ch. 1322. ) ## 16120. A child is eligible for Adoption Assistance Program benefits if all of the conditions specified in subdivisions (a) to (l), inclusive, are met or if the conditions specified in subdivision (m) are met. (a) (1) It has been determined that the child cannot or should not be returned to the home of the child’s parents as evidenced by any of the following: (A) A petition for termination of parental rights. (B) A court order terminating parental rights. (C) A signed relinquishment. (D) In the case of a tribal customary adoption, the court has given full faith and credit to a tribal customary adoption order as provided for pursuant to paragraph (2) of subdivision (e) of Section 366.26. (E) In the case of a nonminor dependent, the court has dismissed dependency or transitional jurisdiction subsequent to the approval of the nonminor dependent adoption petition pursuant to subdivision (f) of Section 366.31. (F) In the case of an Indian child who was a dependent of the juvenile court immediately prior to the transfer of the Indian child’s case pursuant to Section 305.5, a final order of adoption issued by the tribal court of the child’s tribe. (2) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific paragraph (1) by means of all-county letters, written directives, interim licensing standards, or similar written instructions from the department until regulations are adopted. These all-county letters, written directives, interim licensing standards, or similar written instructions shall have the same force and effect as regulations until the adoption of regulations. (b) The child has at least one of the following characteristics that are barriers to the child’s adoption: (1) Adoptive placement without financial assistance is unlikely because of membership in a sibling group that should remain intact or by virtue of race, ethnicity, color, language, three years of age or older, or parental background of a medical or behavioral nature that can be determined to adversely affect the development of the child. (2) Adoptive placement without financial assistance is unlikely because the child has a mental, physical, emotional, or medical disability that has been certified by a licensed professional competent to make an assessment and operating within the scope of that licensee’s profession. This paragraph shall also apply to children with a developmental disability, as defined in subdivision (a) of Section 4512, including those determined to require out-of-home nonmedical care, as described in Section 11464. (c) The need for an adoption subsidy is evidenced by an unsuccessful search for an adoptive home to take the child without financial assistance, as documented in the case file of the prospective adoptive child. The requirement for this search shall be waived when it would be against the best interest of the child because of the existence of significant emotional ties with prospective adoptive parents while in the care of these persons as a foster child. (d) The child satisfies any of the following criteria: (1) The child is under 18 years of age. (2) The child is under 21 years of age and has a mental or physical handicap that warrants the continuation of assistance. (3) Effective January 1, 2012, the child is under 19 years of age, effective January 1, 2013, the child is under 20 years of age, and effective January 1, 2014, the child is under 21 years of age and as described in Section 10103.5, and has attained 16 years of age before the adoption assistance agreement became effective, and one or more of the conditions specified in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403 applies. (e) The adoptive family is responsible for the child pursuant to the terms of an adoptive placement agreement or a final decree of adoption and has signed an adoption assistance agreement. (f) The adoptive family is legally responsible for the support of the child and the child is receiving support from the adoptive parent. (g) The department or the county responsible for determining the child’s Adoption Assistance Program eligibility status and for providing financial aid, and the prospective adoptive parent, prior to or at the time the adoption decree is issued by the court, have signed an adoption assistance agreement that stipulates the need for, and the amount of, Adoption Assistance Program benefits. (h) The prospective adoptive parent or any adult living in the prospective adoptive home has completed the criminal background check requirements pursuant to Section 671(a)(20)(A) and (C) of Title 42 of the United States Code. (i) To be eligible for state funding, the child is the subject of an agency adoption, as defined in Section 8506 of the Family Code, and was any of the following: (1) Under the supervision of a county welfare department as the subject of a legal guardianship or juvenile court dependency. (2) Relinquished for adoption to a licensed California private or public adoption agency, or another public agency operating a Title IV-E program on behalf of the state, and would have otherwise been at risk of dependency as certified by the responsible public child welfare agency. (3) Committed to the care of the department pursuant to Section 8805 or 8918 of the Family Code. (4) The child is an Indian child and the subject of an order of adoption based on tribal customary adoption of an Indian child, as described in Section 366.24. Notwithstanding Section 8600.5 of the Family Code, for purposes of this subdivision a tribal customary adoption shall be considered an agency adoption. (j) To be eligible for federal funding, in the case of a child who is not an applicable child for the federal fiscal year, as defined in subdivision (n), the child satisfies any of the following criteria: (1) Prior to the finalization of an agency adoption, as defined in Section 8506 of the Family Code, or an independent adoption, as defined in Section 8524 of the Family Code, is filed, the child has met the requirements to receive federal supplemental security income benefits pursuant to Subchapter 16 (commencing with Section 1381) of Chapter 7 of Title 42 of the United States Code, as determined and documented by the federal Social Security Administration. (2) The child was removed from the home of a specified relative and the child would have been AFDC eligible in the home of removal according to Section 606(a) or 607 of Title 42 of the United States Code, as those sections were in effect on July 16, 1996, in the month of the voluntary placement agreement or in the month court proceedings are initiated to remove the child, resulting in a judicial determination that continuation in the home would be contrary to the child’s welfare. The child must have been living with the specified relative from whom the child was removed within six months of the month the voluntary placement agreement was signed or the petition to remove was filed. (3) The child was voluntarily relinquished to a licensed public or private adoption agency, or another public agency operating a Title IV-E program on behalf of the state, and there is a petition to the court to remove the child from the home within six months of the time the child lived with a specified relative and a subsequent judicial determination that remaining in the home would be contrary to the child’s welfare. (4) Title IV-E foster care maintenance was paid on behalf of the child’s minor parent and covered the cost of the minor parent’s child while the child was in the foster family home or child care institution with the minor parent. (5) The child is an Indian child and the subject of an order of adoption based on tribal customary adoption of an Indian child, as described in Section 366.24. (k) To be eligible for federal funding, in the case of a child who is an applicable child for the federal fiscal year, as defined in subdivision (n), the child meets any of the following criteria: (1) At the time of initiation of adoptive proceedings, was in the care of a public or licensed private child placement agency or Indian tribal organization pursuant to either of the following: (A) An involuntary removal of the child from the home in accordance with a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child. (B) A voluntary placement agreement or a voluntary relinquishment. (2) The child meets all medical or disability requirements of Title XVI with respect to eligibility for supplemental security income benefits. (3) The child was residing in a foster family home or a child care institution with the child’s minor parent, and the child’s minor parent was in the foster family home or child care institution pursuant to either of the following: (A) An involuntary removal of the child from the home in accordance with a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child. (B) A voluntary placement agreement or voluntary relinquishment. (4) The child is an Indian child and the subject of an order of adoption based on tribal customary adoption of an Indian child, as described in Section 366.24. (5) The nonminor dependent, as described in subdivision (v) of Section 11400, is the subject of an adoption pursuant to subdivision (f) of Section 366.31. (l) (1) The child is a citizen of the United States or a qualified immigrant. If the child is a qualified immigrant who entered the United States on or after August 22, 1996, and is placed with an unqualified immigrant, the child must meet the five-year residency requirement pursuant to Section 673(a)(2)(B) of Title 42 of the United States Code, unless the child is a member of one of the excepted groups pursuant to Section 1612(b) of Title 8 of the United States Code. (2) For purposes of this subdivision, a “qualified immigrant” means a person who meets the definition of the term defined in Section 1641 of Title 8 of the United States Code. (m) A child or nonminor shall be eligible for Adoption Assistance Program benefits if the following conditions are met: (1) The child or nonminor received Adoption Assistance Program benefits with respect to a prior adoption and the child or nonminor is again available for adoption because the prior adoption was dissolved and the parental rights of the adoptive parents were terminated or because the child’s or nonminor’s adoptive parents died and the child or nonminor meets the special needs criteria described in subdivisions (a) to (c), inclusive. When a nonminor is receiving Adoption Assistance Program benefits after 18 years of age and the nonminor’s adoptive parents die, the juvenile court may resume dependency jurisdiction over the nonminor pursuant to Section 388.1. (2) To receive federal funding, the citizenship requirements in subdivision (l). (n) (1) Except as provided in this subdivision, “applicable child” means a child for whom an adoption assistance agreement is entered into under this section during any federal fiscal year described in this subdivision if the child attained the applicable age for that federal fiscal year before the end of that federal fiscal year. (A) For federal fiscal year 2010, the applicable age is 16 years. (B) For federal fiscal year 2011, the applicable age is 14 years. (C) For federal fiscal year 2012, the applicable age is 12 years. (D) For federal fiscal year 2013, the applicable age is 10 years. (E) For federal fiscal year 2014, the applicable age is eight years. (F) For federal fiscal year 2015, the applicable age is six years. (G) For federal fiscal year 2016, the applicable age is four years. (H) For federal fiscal year 2017, the applicable age is two years. (I) For October 1, 2017, to December 31, 2017, any age. (J) Effective January 1, 2018, to June 30, 2024, the applicable age is two years. (K) Effective July 1, 2024, and thereafter, any age. (2) Beginning with the 2010 federal fiscal year, the term “applicable child” shall include a child of any age on the date on which an adoption assistance agreement is entered into on behalf of the child under this section if the child meets both of the following criteria: (A) The child has been in foster care under the responsibility of the state for at least 60 consecutive months. (B) The child meets the requirements of subdivision (k). (3) Beginning with the 2010 federal fiscal year, an applicable child shall include a child of any age on the date that an adoption assistance agreement is entered into on behalf of the child under this section, without regard to whether the child is described in paragraph (2), if the child meets all of the following criteria: (A) The child is a sibling of a child who is an applicable child for the federal fiscal year, under subdivision (n) or paragraph (2). (B) The child is to be placed in the same adoption placement as an “applicable child” for the federal fiscal year who is their sibling. (C) The child meets the requirements of subdivision (k). (Amended by Stats. 2024, Ch. 175, Sec. 1. (AB 2948) Effective January 1, 2025.)
  108. 16120.05.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.1. Aid for Adoption of Children [16115 - 16125] ( Chapter 2.1 added by Stats. 1968, Ch. 1322. )

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    The adoption assistance agreement must cover the assistance amount, duration, reassessment timing, and the adopting family’s duty to report harmful changes in circumstances.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.1. Aid for Adoption of Children [16115 - 16125] ( Chapter 2.1 added by Stats. 1968, Ch. 1322. ) ## 16120.05. The adoption assistance agreement shall, at a minimum, specify the amount and duration of assistance, and that the amount is subject to any applicable increases pursuant to the cost-of-living adjustments established by statute. The date for reassessment of the child’s needs shall be set at the time of the initial negotiation of the adoption assistance agreement, and shall, thereafter be set at each subsequent reassessment. The interval between any reassessments may not exceed two years. The adoption assistance agreement shall also specify the responsibility of the adopting family for reporting changes in circumstances that might negatively affect their ability to provide for the identified needs of the child. (Amended by Stats. 2011, Ch. 32, Sec. 66. (AB 106) Effective June 29, 2011.)
  109. 16120.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.1. Aid for Adoption of Children [16115 - 16125] ( Chapter 2.1 added by Stats. 1968, Ch. 1322. )

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    The responsible county must reimburse eligible individuals for certain reasonable nonrecurring adoption expenses, subject to department rules, agreement on the amount, and a $400 cap per eligible placement.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.1. Aid for Adoption of Children [16115 - 16125] ( Chapter 2.1 added by Stats. 1968, Ch. 1322. ) ## 16120.1. Upon the authorization of the department or, where appropriate, the county responsible for determining the child’s or nonminor dependent’s Adoption Assistance Program eligibility status and for providing financial aid, the responsible county shall directly reimburse eligible individuals for reasonable nonrecurring expenses, as defined by the department, incurred as a result of the adoption of a special needs child, as defined in subdivisions (a) to (c), inclusive, and subdivision (l), of Section 16120. Reimbursements shall conform to the eligibility criteria and claiming procedures established by the department and shall be subject to the following conditions: (a) The amount of the payment shall be determined through agreement between the adopting parent or parents and the department or the county responsible for determining the child’s Adoption Assistance Program eligibility status and for providing financial aid. The agreement shall indicate the nature and the amount of the nonrecurring expenses to be paid. Payments shall be limited to an amount not to exceed four hundred dollars ($400) for each placement eligible for the Adoption Assistance Program. (b) There shall be no income eligibility requirement for an adoptive parent or adoptive parents in determining whether payments for nonrecurring expenses shall be made. (c) Reimbursement for nonrecurring expenses shall be limited to costs incurred by or on behalf of an adoptive parent or adoptive parents that are not reimbursed from other sources. No payments shall be made under this section if the federal program for reimbursement of nonrecurring expenses for the adoption of children eligible for the Adoption Assistance Program pursuant to Section 673 of Title 42 of the United States Code is terminated. (d) Reimbursement for nonrecurring expenses shall be in addition to any adoption expenses paid pursuant to Section 16121 and shall not be included in the computation of maximum benefits for which the adoptive family is eligible pursuant to Section 16121. (Amended by Stats. 2012, Ch. 846, Sec. 49. (AB 1712) Effective January 1, 2013.)
  110. 16121.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.1. Aid for Adoption of Children [16115 - 16125] ( Chapter 2.1 added by Stats. 1968, Ch. 1322. )

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    This section sets limits and conditions for adoption assistance payments, including capped rate structures for different agreement periods, age-based payment restrictions, and related service/payment rules.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.1. Aid for Adoption of Children [16115 - 16125] ( Chapter 2.1 added by Stats. 1968, Ch. 1322. ) ## 16121. (a) (1) For initial adoption assistance agreements executed on or prior to December 31, 2007, the adoptive family shall be paid an amount of aid based on the child’s needs otherwise covered in AFDC-FC payments and the circumstances of the adopting parents, but that shall not exceed the basic foster care maintenance payment rate structure in effect on December 31, 2007, that would have been paid based on the age-related state-approved foster family home rate, and any applicable specialized care increment, for a child placed in a licensed or approved family home. (2) For initial adoption assistance agreements executed from January 1, 2008, to December 31, 2009, inclusive, the adoptive family shall be paid an amount of aid based on the child’s needs otherwise covered in AFDC-FC payments and the circumstances of the adopting parents, but that shall not exceed the basic foster care maintenance payment rate structure in effect on December 31, 2009, that would have been paid based on the age-related state-approved foster family home rate, and any applicable specialized care increment, for a child placed in a licensed or approved family home. (3) Notwithstanding any other provision of this section, for initial adoption assistance agreements executed on January 1, 2010, to June 30, 2011, inclusive, or the effective date specified in a final order, for which the time to appeal has passed, issued by a court of competent jurisdiction in California State Foster Parent Association, et al. v. William Lightbourne, et al., (U.S. Dist. Ct. No. C 07-08056 WHA), whichever is earlier, where the adoption is finalized on or before June 30, 2011, or the date specified in that order, whichever is earlier, the adoptive family shall be paid an amount of aid based on the child’s needs otherwise covered in AFDC-FC payments and the circumstance of the adopting parents, but that amount shall not exceed the basic foster care maintenance payment rate structure in effect on June 30, 2011, or the date immediately before the date specified in the order described in this paragraph, whichever is earlier, and any applicable specialized care increment, that the child would have received while placed in a licensed or approved family home. Adoption assistance benefit payments shall not be increased based solely on age. This paragraph shall not preclude any reassessments of the child’s needs, consistent with other provisions of this chapter. (4) Notwithstanding any other provision of this section, for initial adoption assistance agreements executed on or after July 1, 2011, or the effective date specified in a final order, for which the time to appeal has passed, issued by a court of competent jurisdiction in California State Foster Parent Association, et al. v. William Lightbourne, et al. (U.S. Dist. Ct. No. C 07-05086 WHA), whichever is earlier, where the adoption is finalized on or after July 1, 2011, or the effective date of that order, whichever is earlier, and before December 31, 2016, and for initial adoption assistance agreements executed before July 1, 2011, or the date specified in that order, whichever is earlier, where the adoption is finalized on or after the earlier of July 1, 2011, or that specified date, and before December 31, 2016, the adoptive family shall be paid an amount of aid based on the child’s needs otherwise covered in AFDC-FC payments and the circumstances of the adopting parents, but that amount shall not exceed the basic foster family home rate structure effective and available as of December 31, 2016, plus any applicable specialized care increment. These adoption assistance benefit payments shall not be increased based solely on age. This paragraph shall not preclude any reassessments of the child’s needs, consistent with other provisions of this chapter. (5) Notwithstanding any other provision of this section, for initial adoption assistance agreements executed on or after January 1, 2017, and before July 1, 2027, or the effective date specified in paragraph (9) of subdivision (h) of Section 11461, as applicable, the adoptive family shall be paid an amount of aid based on the child’s needs otherwise covered in AFDC-FC payments and the circumstances of the adopting parents, but that amount shall not exceed the home-based family care rate structure developed pursuant to subdivision (g) of Section 11461 and Section 11463, inclusive of any level of care determination, plus any applicable specialized care increment. This paragraph shall not preclude any reassessments of the child’s needs consistent with other provisions of this chapter. (6) (A) For initial adoption assistance agreements executed on and after the date specified in paragraph (9) of subdivision (h) of Section 11461, the adoptive family shall be paid an amount of aid based on the child’s needs otherwise covered in AFDC-FC payments and the circumstances of the adopting parents, but that amount shall not exceed Tier 1 of the Care and Supervision component of the Tiered Rate Structure, as described in subdivision (h) of Section 11461, plus any applicable specialized care increment. This paragraph shall not preclude any reassessments of the child’s needs consistent with other provisions of this chapter. (B) Notwithstanding subparagraph (A), the department shall issue written guidance regarding the specific conditions under which an adoptive family may be paid an amount of aid based on the child’s needs that exceeds Tier 1, but shall not exceed Tier 2, of the Care and Supervision component of the Tiered Rate Structure, as described in subdivision (h) of Section 11461, plus any applicable specialized care increment. (b) For purposes of this paragraph, prior to January 1, 2028, payment may be made on behalf of an otherwise eligible child in a state-approved group home, short-term residential therapeutic program, or residential care treatment facility if the department or county responsible for determining payment has confirmed that the placement is necessary for the temporary resolution of mental health, behavioral health, or emotional health needs of the child. Out-of-home in-state placements shall be in accordance with the applicable provisions of Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code and other applicable statutes and regulations governing eligibility for AFDC-FC payments for placements in in-state facilities. If the placement is out-of-state, payments may be made only if the provisions of Section 16121.5 are met. The Adoption Assistance Program (AAP) rate paid on behalf of the child shall not exceed the rate paid for a short-term residential therapeutic program. The designation of the placement facility shall be made after consultation with the adoptive family by the department or county welfare agency responsible for determining the Adoption Assistance Program eligibility and authorizing financial aid. Group home, short-term residential therapeutic program, or residential placement shall only be made as part of a plan for return of the child to the adoptive family, that shall actively participate in the plan. Adoption Assistance Program benefits may be authorized for payment for an eligible child’s group home, short-term residential therapeutic program, or residential treatment facility placement if the placement is justified by a specific episode or condition and does not exceed an 18-month cumulative period of time. After an initial authorized group home, short-term residential therapeutic program, or residential treatment facility placement, subsequent authorizations for payment for a group home, short-term residential therapeutic program, or residential treatment facility placement may be based on an eligible child’s subsequent specific episodes or conditions. (c) (1) Payments on behalf of a child who is a recipient of AAP benefits who is also a consumer of regional center services shall be based on the rates established by the State Department of Social Services pursuant to Section 11464 and subject to the process described in paragraph (1) of subdivision (d) of Section 16119. (2) (A) Except as provided for in subparagraph (B), this subdivision shall apply to adoption assistance agreements signed on or after July 1, 2007. (B) Rates paid on behalf of regional center consumers who are recipients of AAP benefits and for whom an adoption assistance agreement was executed before July 1, 2007, shall remain in effect, and may only be changed in accordance with Section 16119. (i) If the rates paid pursuant to adoption assistance agreements executed before July 1, 2007, are lower than the rates specified in paragraph (1) of subdivision (c) or paragraph (1) of subdivision (d) of Section 11464, respectively, those rates shall be increased, as appropriate and in accordance with Section 16119, to the amount set forth in paragraph (1) of subdivision (c) or paragraph (1) of subdivision (d) of Section 11464, effective July 1, 2007. Once set, the rates shall remain in effect and may only be changed in accordance with Section 16119. (ii) For purposes of this clause, for a child who is a recipient of AAP benefits or for whom the execution of an AAP agreement is pending, and who has been deemed eligible for or has sought an eligibility determination for regional center services pursuant to subdivision (a) of Section 4512, and for whom a determination of eligibility for those regional center services has been made, and for whom, before July 1, 2007, a maximum rate determination has been requested and is pending, the rate shall be determined through an individualized assessment and pursuant to subparagraph (C) of paragraph (1) of subdivision (c) of Section 35333 of Title 22 of the California Code of Regulations as in effect on January 1, 2007, or the rate established in subdivision (b) of Section 11464, whichever is greater. Once the rate has been set, it shall remain in effect and may only be changed in accordance with Section 16119. Other than the circumstances described in this clause, regional centers shall not make maximum rate benefit determinations for the AAP. (3) Regional centers shall separately purchase or secure the services contained in the child’s IFSP or IPP, pursuant to Section 4684. (4) Regulations adopted by the department pursuant to this subdivision shall be adopted as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for the purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. The regulations authorized by this paragraph shall remain in effect for no more than 180 days, by which time final regulations shall be adopted. (d) (1) In the event that a family signs an adoption assistance agreement where a cash benefit is not awarded, the adopting family shall be otherwise eligible to receive Medi-Cal benefits for the child if it is determined that the benefits are needed pursuant to this chapter. (2) Regional centers shall separately purchase or secure the services that are contained in the child’s Individualized Family Service Plan (IFSP) or Individual Program Plan (IPP) pursuant to Section 4684. (e) The adoption assistance payment rate structure identified in subdivision (a) shall be adjusted by the percentage changes in the California Necessities Index, beginning with the 2011–12 fiscal year, and shall not require a reassessment. (Amended by Stats. 2026, Ch. 26, Sec. 27. (AB 152) Effective June 29, 2026.)
  111. 16121.05.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.1. Aid for Adoption of Children [16115 - 16125] ( Chapter 2.1 added by Stats. 1968, Ch. 1322. )

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    The department or county adoption agency may recover Adoption Assistance Program overpayments and must adopt regulations for recoupment, notice, and appeal rights.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.1. Aid for Adoption of Children [16115 - 16125] ( Chapter 2.1 added by Stats. 1968, Ch. 1322. ) ## 16121.05. (a) The department or county adoption agency may recover any overpayments of financial assistance under the Adoption Assistance Program, and shall develop regulations that establish the means to recoup them, including an appropriate notice of action and appeal rights, when the department determines either of the following applies: (1) The adoptive parents are no longer legally responsible for the support of the child. (2) The child is no longer receiving support from the adoptive family. (3) The adoptive family has committed fraud in its application for, or reassessment of, the adoption assistance. (b) Children on whose behalf an adoption assistance agreement had been executed prior to October 1, 1992, shall continue to receive adoption assistance in accordance with the terms of that agreement. (c) Payment shall begin on or after the effective date of an adoption assistance agreement, or a deferred adoption assistance agreement, or a final decree of adoption, provided that the adoption assistance agreement has been signed by all required parties prior to or at the time the adoption decree is issued by the court. The amount and duration of assistance shall not be changed without the concurrence of the adoptive parents, unless any of the following has occurred: (1) The child has attained 18 years of age, or 21 years of age where the child has a mental or physical disability that warrants the continuation of assistance. (2) The adoptive parents are no longer legally responsible for the support of the child. (3) The child is no longer receiving any support from adoptive parents. (Amended by Stats. 2012, Ch. 35, Sec. 111. (SB 1013) Effective June 27, 2012.)
  112. 16121.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.1. Aid for Adoption of Children [16115 - 16125] ( Chapter 2.1 added by Stats. 1968, Ch. 1322. )

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    A child otherwise eligible for adoptive assistance payments does not lose eligibility because the adoptive parents live at or after the adoptive placement.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.1. Aid for Adoption of Children [16115 - 16125] ( Chapter 2.1 added by Stats. 1968, Ch. 1322. ) ## 16121.1. Notwithstanding the provisions of Section 11105, the residence of the adoptive parents at the time of or subsequent to adoptive placement shall not terminate the eligibility of a child who is otherwise eligible for adoptive assistance payments. (Added by Stats. 1982, Ch. 977, Sec. 28.5. Effective September 13, 1982. Operative October 1, 1982, by Sec. 36 of Ch. 977.)
  113. 16121.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.1. Aid for Adoption of Children [16115 - 16125] ( Chapter 2.1 added by Stats. 1968, Ch. 1322. )

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    The Director of Social Services and the Director of Health Services may make interstate agreements for adoption assistance and related services.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.1. Aid for Adoption of Children [16115 - 16125] ( Chapter 2.1 added by Stats. 1968, Ch. 1322. ) ## 16121.2. The Director of Social Services and the Director of Health Services may enter into interstate agreements pursuant to Chapter 2.6 (commencing with Section 16170) that provide for medical and other necessary services for special needs children, establish procedures for interstate delivery of adoption assistance and related services and benefits, and provide for the adoption of related regulations. (Added by Stats. 1999, Ch. 887, Sec. 8. Effective January 1, 2000.)
  114. 16121.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.1. Aid for Adoption of Children [16115 - 16125] ( Chapter 2.1 added by Stats. 1968, Ch. 1322. )

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    AAP may pay for wraparound services for eligible children, but only when the public agency confirms need and the provider and services meet required standards.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.1. Aid for Adoption of Children [16115 - 16125] ( Chapter 2.1 added by Stats. 1968, Ch. 1322. ) ## 16121.3. (a) (1) Adoption Assistance Program (AAP) payments may be made on behalf of an otherwise eligible child for wraparound services in lieu of an out-of-home placement if the responsible public agency has confirmed that the wraparound services are necessary for the temporary resolution of the mental health, behavioral health, or emotional health needs of the child. (2) AAP benefits may be authorized to pay for an eligible child’s wraparound services if the services are justified by a specific condition and authorization does not exceed a 12-month cumulative period of time. After a 12-month cumulative period of payment for wraparound services, additional authorizations for payment for wraparound services for an eligible child may be based on the continued need to resolve a condition described in paragraph (1). Consecutive authorizations shall be assessed after each 12-month cumulative period of time. The AAP payment may only be made if the wraparound services and the provider meet the California wraparound standards and provider certification requirements, or similar requirements specific to wraparound service providers in the child’s state of residence if the child and family reside in another state. (b) The AAP rate paid on behalf of a child receiving wraparound services in lieu of an out-of-home placement shall be consistent with either of the following: (1) The rate shall not exceed the rate paid for a foster care placement in a short-term residential therapeutic program, as defined in Section 1502 of the Health and Safety Code. (2) On the date that the department notifies the Legislature that the California Statewide Automated Welfare System and the statewide child welfare information system (known as the California Automated Response and Engagement System or CWS-CARES) can perform the necessary automation to implement the Tiered Rate Structure and the Legislature makes an appropriation as described in subdivision (h) of Section 11461, the AAP rate paid on behalf of a child receiving wraparound services in lieu of an out-of-home placement shall not exceed the sum of all of the following: (A) The Tier 3+ Care and Supervision rate established under paragraph (3) of subdivision (h) of Section 11461. (B) The Tier 3+ administrative and other activities rate established under paragraph (2) of subdivision (e) of Section 11462. (C) The Tier 3+ Immediate Needs Funding established under subparagraph (B) of paragraph (1) of subdivision (d) of Section 16562. (c) For purposes of this section, the following terms have the following meanings: (1) “California wraparound standards” means the use of a California high-fidelity wraparound model, approved by the department and consistent with the requirements of Chapter 4 (commencing with Section 18250) of Part 6. (2) “Responsible public agency” means the department or county adoption agency responsible for determining a child’s AAP eligibility and initial and subsequent payment amount. (3) “Wraparound services” has the same meaning as in Section 18251. (d) The designation of a wraparound services provider shall be made by the family, after consultation with the responsible public agency. When adoptive parents decide to utilize wraparound services for an AAP-eligible child, they are private pay consumers. Wraparound service contracts shall be between the adoptive parents and the wraparound services provider. Alternatively, the family may authorize the county to contract for wraparound services on their behalf. (e) Prior to the authorization of AAP benefits for wraparound services, the wraparound services provider shall provide verification to the adoptive parents documenting that the wraparound services meet the California wraparound standards and provider certification requirements, or similar requirements specific to wraparound service providers in the child’s state of residence if the child and family reside in another state. The adoptive parents shall provide the verification to the responsible public agency, or the county may verify the provider meets the standards of paragraph (1) of subdivision (c) if the information is posted on the department’s internet website. (f) If the child and family reside in another state, a wraparound services provider in the child’s state of residence may be utilized, and paid for with AAP benefits, if the requirements of this section are met, in whole or in part, subject to departmental approval. (g) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of all-county letters or similar written instructions, which shall be exempt from submission to or review by the Office of Administrative Law. These all-county letters or similar instructions shall have the same force and effect as regulations. (h) This section shall become operative on January 1, 2028. (Added by Stats. 2026, Ch. 26, Sec. 28. (AB 152) Effective June 29, 2026. Operative January 1, 2028, by its own provisions.)
  115. 16121.4.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.1. Aid for Adoption of Children [16115 - 16125] ( Chapter 2.1 added by Stats. 1968, Ch. 1322. )

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    This section allows Adoption Assistance Program payments for eligible children in short-term residential therapeutic programs only under specified conditions, limits how long the payments may continue, sets rate caps, and gives the department power to issue implementing instructions.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.1. Aid for Adoption of Children [16115 - 16125] ( Chapter 2.1 added by Stats. 1968, Ch. 1322. ) ## 16121.4. (a) (1) Adoption Assistance Program (AAP) payments may be made on behalf of an otherwise eligible child in a facility licensed as a short-term residential therapeutic program if the responsible public agency has confirmed that the short-term residential therapeutic program is necessary for the temporary resolution of the mental health, behavioral health, or emotional health needs of the child. (2) (A) AAP benefits may be authorized to pay for an eligible child’s short-term residential therapeutic program if the placement is justified by a specific condition and authorization does not exceed a 12-month cumulative period of time, unless an exception is granted pursuant to paragraph (3). (B) Transition planning shall begin when the child enters the short-term residential therapeutic program. If additional time is needed to transition the child home according to the transition plan, payment at the rate described in subdivision (b) may continue up to an additional 60 calendar days if the child remains in the placement. If the services the child needs to transition out of the short-term residential therapeutic program cannot be put in place within the additional 60 calendar days, payment may continue for an additional 30 days if the reason for the extension is documented in the child’s transition plan and authorized by the responsible public agency based upon a specific finding that the additional time is necessary because of the delay in services. (3) An additional one-time six-month cumulative period of time may be provided when a psychiatrist or physician provides current documentation to demonstrate that the current short-term residential therapeutic program services are benefiting the child and that the child requires additional short-term residential therapeutic program services. If the child is not placed in a short-term residential therapeutic program, the psychiatrist or physician shall provide current documentation to demonstrate that the child would benefit from returning to the short-term residential therapeutic program. (b) The AAP rate paid on behalf of a child in a facility licensed as a short-term residential therapeutic program shall be consistent with either of the following: (1) The rate shall not exceed the rate paid for a foster care placement in a short-term residential therapeutic program. (2) On the date that the department notifies the Legislature that the California Statewide Automated Welfare System and the statewide child welfare information system (known as the California Automated Response and Engagement System or CWS-CARES) can perform the necessary automation to implement the Tiered Rate Structure and the Legislature makes an appropriation as described in subdivision (h) of Section 11461, the AAP rate paid on behalf of a child in a short-term residential therapeutic program shall not exceed the sum of all of the following: (A) The Tier 3+ Care and Supervision rate established under paragraph (3) of subdivision (h) of Section 11461. (B) The Tier 3+ administrative and other activities rate established under paragraph (2) of subdivision (e) of Section 11462. (C) The Tier 3+ Immediate Needs Funding established under subparagraph (B) of paragraph (1) of subdivision (d) of Section 16562. (c) For purposes of this section, the following terms have the following meanings: (1) “Responsible public agency” means the department or county adoption agency responsible for determining a child’s AAP eligibility and initial and subsequent payment amount. (2) “Short-term residential therapeutic program” has the same meaning as in Section 1502 of the Health and Safety Code. (d) The designation of the placement facility shall be made, after consultation with the responsible public agency, by the adoptive parents. A short-term residential therapeutic program placement shall only be made as part of a plan for the return of the child to the adoptive family and the adoptive parents shall actively participate in the reunification plan. (e) AAP benefits, as described in this section, shall only be authorized for an eligible child in a facility licensed as a short-term residential therapeutic program in California and shall not be authorized for any other out-of-home placement option within California. (f) Following discharge from a short-term residential therapeutic program, the child shall be eligible for payment to be made for wraparound services, as described in Section 16121.3. (g) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of all-county letters or similar written instructions, which shall be exempt from submission to or review by the Office of Administrative Law. These all-county letters or similar instructions shall have the same force and effect as regulations. (h) This section shall become operative on January 1, 2028. (Added by Stats. 2026, Ch. 26, Sec. 29. (AB 152) Effective June 29, 2026. Operative January 1, 2028, by its own provisions.)
  116. 16121.41.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.1. Aid for Adoption of Children [16115 - 16125] ( Chapter 2.1 added by Stats. 1968, Ch. 1322. )

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    The department must develop and distribute a curriculum for counties to use when educating adoptive families, and it must consult with county placing agencies and community partners.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.1. Aid for Adoption of Children [16115 - 16125] ( Chapter 2.1 added by Stats. 1968, Ch. 1322. ) ## 16121.41. The department shall develop curriculum for optional use by counties to inform and educate adoptive families, prior to adoption finalization. The department shall consult with county placing agencies and community partners in the development of this curriculum. The curriculum shall include, at a minimum, education on maintaining Adoption Assistance Program benefits, adolescent development and trauma, the importance of maintaining Medi-Cal, the benefits of using adoption-competent clinicians, and how to secure trauma-informed services. This curriculum shall be developed and distributed to counties no later than January 1, 2028. (Added by Stats. 2026, Ch. 26, Sec. 30. (AB 152) Effective June 29, 2026.)
  117. 16122.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.1. Aid for Adoption of Children [16115 - 16125] ( Chapter 2.1 added by Stats. 1968, Ch. 1322. )

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    County child welfare agencies must compensate eligible private adoption agencies for adoption-related support, and the department must set reimbursement procedures.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.1. Aid for Adoption of Children [16115 - 16125] ( Chapter 2.1 added by Stats. 1968, Ch. 1322. ) ## 16122. (a) It is the intent of the Legislature in enacting this chapter to support permanency for children and nonminor dependents who need permanent homes through adoption or guardianship. Historically, the adoption of children from foster care has been supported by private adoption agencies pursuant to the Private Agency Adoptions Reimbursement Program. It is the intent of the Legislature to encourage counties and private adoption agencies to continue supporting these children and families both pre- and post-permanency, which supports the counties and state in meeting federal and state-required permanency outcomes for foster children. In light of the enactment and implementation of the 2011 Realignment and the Continuum of Care Reform, it is necessary to change the construction of the Private Agency Adoptions Reimbursement Program in order to allow for local control of the program and ensure the services provided are consistent with the Continuum of Care Reform, and to allow unspent funds to be utilized to support permanency activities undertaken outside of the Private Agency Adoptions Reimbursement Program. (b) (1) As set forth in this section, a county child welfare agency shall compensate private adoption agencies licensed pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code for the costs of supporting families through the process of adopting children or nonminor dependents eligible for the Adoption Assistance Program benefits pursuant to Section 16120. (2) The agencies described in paragraph (1) shall be compensated for adoption services pursuant to this section. One-half of the compensation shall be paid at the time the adoptive placement agreement is signed, unless the adoption agency opts to be paid in full at the time of finalization of the adoption. The remainder shall be paid at the time the adoption petition is granted by the court. Reimbursement procedures shall be established by the department in consultation with the counties and private adoption agencies. (3) This subdivision shall not be construed to authorize reimbursement to private agencies for intercountry adoption services. (c) Effective July 1, 2020, the reimbursement made pursuant to subdivision (b) shall be eight thousand dollars ($8,000) for children adopted from families approved by dually licensed private nonprofit foster family and adoption agencies, and six thousand six hundred dollars ($6,600) for all other children. These rates shall apply to children for whom an adoption placement agreement is signed on or after that effective date. Children for whom an adoption placement agreement was signed prior to that date shall be reimbursed pursuant to the rates in effect prior to July 1, 2020, and those claims shall be paid by the department pursuant to the process in effect at that time under former Section 16122, with the exception that a cost report shall not be required for adoptions in process as of July 1, 2020. (d) To the extent that reimbursements made pursuant to subdivision (b) total less than the amount provided to the county for those services, the county may, at its discretion, utilize unspent funds for additional activities related to permanency, including, but not limited to, pre- and post-permanency support related to the establishment of adoptions and guardianships for foster children. This may include services outlined in guidance from the department issued in All-County Letter 18-142. (e) (1) The department shall work with counties and representatives of adoption agencies to ensure a smooth transition to the new structure under this section, which shall include, but not be limited to, a review of existing guidance and claim forms and instructions and any necessary updates to reflect the new process. (2) The department, counties, and adoption agencies shall develop language for the placement agreement signed between the county and a dually licensed private nonprofit foster family and adoption agency to ensure compensation is made pursuant to this section should the child transition to an adoption with a family who is under the auspices of that agency. (f) This section shall become operative on July 1, 2020. (Repealed (in Sec. 2) and added by Stats. 2019, Ch. 827, Sec. 3. (AB 1301) Effective January 1, 2020. Section operative July 1, 2020, by its own provisions.)
  118. 16123.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.1. Aid for Adoption of Children [16115 - 16125] ( Chapter 2.1 added by Stats. 1968, Ch. 1322. )

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    This section says the adoption assistance rules in Section 16120 stay in effect while federal Title IV-E funds are available and the state keeps extending payments up to age 21; if those funds stop, the usual maximum payment period is five years, with an exception for certain chronic health conditions. A parent may also ask the department or county to continue financial assistance up to the age of majority after October 1, 1992.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.1. Aid for Adoption of Children [16115 - 16125] ( Chapter 2.1 added by Stats. 1968, Ch. 1322. ) ## 16123. The provisions of Section 16120, permitting the payment of adoption assistance until a child attains 18 or 21 years of age if the child has mental or physical handicaps, or effective January 1, 2012, up to 21 years of age, if the child or nonminor meets the criteria specified in paragraph (3) of subdivision (d) of Section 16120, shall be effective as long as federal funds are available under Title IV-E of the federal Social Security Act (Part E (commencing with Section 670) of Subchapter 4 of Chapter 7 of Title 42 of the United States Code), and the state continues to exercise its option to extend payments up to 21 years of age, pursuant to Section 473(a)(4) of the federal Social Security Act (42 U.S.C. Sec. 673(a)(4)). When those funds cease to be available, the maximum length for payment of the Adoption Assistance Program shall be five years except in instances in which there is a continuing need, related to a chronic health condition of the child which necessitated the initial financial assistance. On and after October 1, 1992, the parent may petition the department or the responsible county to continue financial assistance up to the age of majority. (Amended by Stats. 2012, Ch. 846, Sec. 51. (AB 1712) Effective January 1, 2013.)
  119. 16124.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.1. Aid for Adoption of Children [16115 - 16125] ( Chapter 2.1 added by Stats. 1968, Ch. 1322. )

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    The department must set up and run a county-based adoption support project, while eligible counties apply for funding and meet timing and project rules.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.1. Aid for Adoption of Children [16115 - 16125] ( Chapter 2.1 added by Stats. 1968, Ch. 1322. ) ## 16124. (a) (1) Upon the appropriation of funds by the Legislature for the purposes set forth in this section, the State Department of Social Services shall establish a project in four counties and one state district office of the department to provide preadoption and postadoption services to ensure the successful adoption of children and youth who have been in foster care 18 months or more, are at least nine years of age, and are placed in an unrelated foster home or in a group home. (2) The participating entities shall include the following: (A) City and County of San Francisco. (B) County of Los Angeles. (C) Two additional counties and one state district office, based on criteria developed by the department in consultation with the County Welfare Directors Association, which shall demonstrate geographic diversity. (3) A county that elects to apply for funding pursuant to this section shall submit an application to the department no later than a date determined by the department to ensure timely allocation of funds. The department shall review the applications received, and select the eligible counties in accordance with this section. (b) Each entity identified pursuant to paragraph (2) of subdivision (a) shall receive funding to provide preadoption and postadoption services to the adoptive parents and the targeted population identified in paragraph (1) of subdivision (a). (1) Preadoption and postadoption services for the child and each family may include, but shall not be limited to, all of the following: (A) Individualized or other recruitment efforts. (B) Postadoption services, including respite care. (C) Behavioral health services. (D) Peer support groups. (E) Information and referral services. (F) Other locally designed services, as appropriate. (G) Relative search efforts. (H) Training of adoptive parents, foster youth, or mentoring families. (I) Mediation services. (J) Facilitation of siblings in the same placement. (K) Facilitation of postadoption contact. (L) Engaging youth in permanency decisionmaking. (M) Any service or support necessary to resolve any identified barrier to adoption. (2) The services specified in paragraph (1) may be provided directly by the county, contracted for by the county, or provided through reimbursement to the family, as approved by the county. (c) The amount of funding provided in the appropriation of funds provided by the annual Budget Act to each county participating in the project shall be allocated as follows: (1) Seven hundred fifty thousand dollars ($750,000) to the City and County of San Francisco. (2) One million two hundred fifty thousand dollars ($1,250,000) to the County of Los Angeles. (3) A total of two million dollars ($2,000,000), to be awarded to the two additional counties and the district office selected pursuant to subparagraph (C) of paragraph (2) of subdivision (a), minus any funds subtracted by the department for the purpose of administering the project. The amount of funds provided to the department for administration of the project, including the costs of collecting and analyzing data pursuant to subdivision (h) and developing the information pursuant to subdivision (i), shall not exceed three hundred thousand dollars ($300,000). (4) If the appropriated amount in the annual Budget Act differs from the total amount specified above, then the funds shall be distributed in the same proportion as the amounts listed in paragraphs (1) to (3), inclusive. (d) Funds shall be allocated to the counties pursuant to subdivision (c) no later than January 1 of each year, and shall remain available for expenditure until June 30, 2010. (e) (1) The department shall seek approval for any federal matching funds that may be available to supplement the project. (2) The implementation of the project shall not be dependent upon the receipt of federal funding. (3) Project funds shall supplement, and not supplant, existing federal, state, and local funds, and shall be used only in accordance with the terms and conditions of the project. (4) No expenditure made for services specified in subdivision (b) may be made to the extent that it renders the family ineligible for federal adoption assistance. (f) The project shall be implemented only upon the adoption of a resolution adopted by each county board of supervisors. (g) The department shall work with the counties to develop the requirements for the project, including the number of families that may participate in the project, given the available resources, and guidelines for data collection, as required by subdivision (h). (h) (1) The department shall work with the participating county and the state district office to analyze the effects of the project. (2) Measures assessed by the state and counties shall include, but shall not be limited to, the following: (A) The extent to which the adoptions of the targeted population identified in paragraph (1) of subdivision (a) increased as a result of the project. (B) The number of families and children served by the project. (C) The type and amount of preadoption and postadoption services that were provided to children and families under the project. (i) The department shall provide information to the Legislature on the results of the project by May 31, 2011. (j) Adoption programs in the project counties shall be encouraged to create public-private partnerships with private adoption agencies to maximize their success in improving permanent outcomes for older foster youth. (Amended by Stats. 2010, Ch. 328, Sec. 257. (SB 1330) Effective January 1, 2011.)
  120. 16125.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.1. Aid for Adoption of Children [16115 - 16125] ( Chapter 2.1 added by Stats. 1968, Ch. 1322. )

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    Eligible foster children must be provided medically necessary specialty mental health services, and several county, provider, and state entities have related TAR and coordination duties.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.1. Aid for Adoption of Children [16115 - 16125] ( Chapter 2.1 added by Stats. 1968, Ch. 1322. ) ## 16125. A foster child whose adoption has become final, who is receiving or is eligible to receive Adoption Assistance Program assistance, including Medi-Cal, and whose foster care court supervision has been terminated, shall be provided medically necessary specialty mental health services by the local mental health plan in the county of residence of his or her adoptive parents, pursuant to all of the following: (a) The host county mental health plan shall be responsible for submitting the treatment authorization request (TAR) to the mental health plan in the county of origin. (b) The requesting public or private service provider shall prepare the TAR. (c) The county of origin shall retain responsibility for authorization and reauthorization of services utilizing an expedited TAR process. (d) (1) The State Department of Social Services shall convene a stakeholder group to identify barriers to the provision of mental health services by mental health professionals with specialized clinical training in adoption or permanency issues to children who are receiving services pursuant to this section. The stakeholder group shall include, but is not limited to, all of the following persons: (A) Adoptive parents. (B) Former foster youth. (C) Representatives from the mental health and child welfare fields, including associations representing county mental health departments and private organizations providing specialty mental health services. (D) Representatives from mental health and social work graduate degree-granting postsecondary education institutions. (E) Representatives from relevant state and local agencies. (2) The stakeholder group shall, on or before January 31, 2016, make specific recommendations for voluntary measures available to state and local government agencies and private entities, as appropriate, to address those barriers. The department shall collect existing research and professional literature pertinent to the need for specialized clinical training in adoption and permanency issues, and shall distribute the information to the stakeholder group for consideration and use in making its recommendations. The stakeholder group shall coordinate with, and endeavor not to duplicate, existing local, state, or national initiatives. (3) A recommendation made pursuant to paragraph (2) shall not be construed to be binding on any state or local government agency or private entity. (Amended by Stats. 2014, Ch. 766, Sec. 1. (AB 1790) Effective January 1, 2015.)
  121. 16130.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.2. State Adoption Services [16130 - 16133] ( Chapter 2.2 added by Stats. 1968, Ch. 879. )

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    If a county has no county adoption agency, the department may set up adoption-relinquishment services.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.2. State Adoption Services [16130 - 16133] ( Chapter 2.2 added by Stats. 1968, Ch. 879. ) ## 16130. In any county which does not have a county adoption agency established pursuant to Section 16100, the department may establish services incident to the relinquishment of children for adoption. The services shall be provided in such manner as may be deemed advisable by the department. (Added by Stats. 1968, Ch. 879.)
  122. 16131.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.2. State Adoption Services [16130 - 16133] ( Chapter 2.2 added by Stats. 1968, Ch. 879. )

    Verify source ↗

    The Legislature states its intent to align state statutes with specified federal adoption-related laws and to put any related incentive payments back into the child welfare system.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.2. State Adoption Services [16130 - 16133] ( Chapter 2.2 added by Stats. 1968, Ch. 879. ) ## 16131. It is the intent of the Legislature to conform state statutes to federal legislation, including the Preventing Sex Trafficking and Strengthening Families Act (Public Law 113-183) and the Adoption and Safe Families Act of 1997 (Public Law 105-89), and to reinvest any incentive payments received through implementation of the federal act into the child welfare system in order to provide adoption services and other legal permanency options for children. (Amended by Stats. 2015, Ch. 425, Sec. 25. (SB 794) Effective January 1, 2016.)
  123. 16131.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.2. State Adoption Services [16130 - 16133] ( Chapter 2.2 added by Stats. 1968, Ch. 879. )

    Verify source ↗

    The state must reinvest certain adoption and guardianship incentive payments into the child welfare system, and the money must be allocated and used to improve legal permanency outcomes for older children.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.2. State Adoption Services [16130 - 16133] ( Chapter 2.2 added by Stats. 1968, Ch. 879. ) ## 16131.5. (a) The state shall reinvest adoption and guardianship incentive payments received through the implementation of the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351) and the Preventing Sex Trafficking and Strengthening Families Act (Public Law 113-183) into the child welfare system, in order to provide legal permanency outcomes for older children, including, but not limited to, adoption, guardianship, and reunification of children whose reunification services were previously terminated. (b) The incentive payments received pursuant to subdivision (a), upon appropriation by the Legislature in the annual Budget Act or another statute, shall be allocated by the State Department of Social Services to the counties, and the department for a county in which the department serves as an adoption agency, based on documented increases in legal permanency outcomes for older children achieved by each county, as determined by the department, in consultation with counties, for the purposes specified in this section. (c) A county, or the department when it acts as the adoption agency for a county, shall use adoption and guardianship incentive payment funds to improve or sustain legal permanency outcomes for older children. (d) Nothing in this section shall be construed to supplant funds currently being spent on programs to provide legal permanency outcomes. (Amended by Stats. 2015, Ch. 425, Sec. 26. (SB 794) Effective January 1, 2016.)
  124. 16132.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.2. State Adoption Services [16130 - 16133] ( Chapter 2.2 added by Stats. 1968, Ch. 879. )

    Verify source ↗

    The Legislature states that California statutes should be aligned with recent federal adoption law, and savings from adoption-assistance eligibility changes should be used for services such as postadoption assistance.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.2. State Adoption Services [16130 - 16133] ( Chapter 2.2 added by Stats. 1968, Ch. 879. ) ## 16132. It is the intent of the Legislature to conform state statutes to recently enacted federal legislation, the Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351) and to expend savings resulting from changes in eligibility for adoption assistance on services, including, but not limited to, postadoption assistance, that may be provided under Title IV-B and IV-E of the federal Social Security Act. (Added by Stats. 2009, Ch. 222, Sec. 3. (AB 154) Effective January 1, 2010.)
  125. 16133.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.2. State Adoption Services [16130 - 16133] ( Chapter 2.2 added by Stats. 1968, Ch. 879. )

    Verify source ↗

    A county board of supervisors may, if feasible, let a qualifying new county employee keep certain benefits from recent State Department of Social Services employment or give comparable county benefits.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.2. State Adoption Services [16130 - 16133] ( Chapter 2.2 added by Stats. 1968, Ch. 879. ) ## 16133. On and after July 1, 2011, when a person has been an employee of the State Department of Social Services within the 12-month period prior to his or her employment by a county, the board of supervisors, to the extent feasible, may allow that person to retain, as a county employee, those employee benefits to which that person was entitled or had accumulated as an employee of the State Department of Social Services, or provide that employee with comparable benefits provided for other county employees whose services as county employees is equal to the state service of the former employee of the State Department of Social Services. These benefits include, but are not limited to, retirement benefits, seniority rights under civil service, accumulated vacation, and sick leave. (Added by Stats. 2012, Ch. 35, Sec. 114. (SB 1013) Effective June 27, 2012.)
  126. 16135.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.3. Adoption of Alcohol- and Drug-Exposed and HIV Positive Children [16135 - 16135.30] ( Chapter 2.3 added by Stats. 1998, Ch. 1014, Sec. 2. )

    Verify source ↗

    The chapter creates a program for special training and services to help adopt children who are HIV positive or born to a substance-abusing mother.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.3. Adoption of Alcohol- and Drug-Exposed and HIV Positive Children [16135 - 16135.30] ( Chapter 2.3 added by Stats. 1998, Ch. 1014, Sec. 2. ) ## 16135. The purpose of this chapter is to establish a program for special training and services to facilitate the adoption of children who are HIV positive, or born to a substance-abusing mother. This program shall be available to any county that elects to participate pursuant to procedures established by the department. (Amended (as added by Stats. 1998, Ch. 1014, Sec. 2) by Stats. 2012, Ch. 35, Sec. 116. (SB 1013) Effective June 27, 2012.)
  127. 16135.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.3. Adoption of Alcohol- and Drug-Exposed and HIV Positive Children [16135 - 16135.30] ( Chapter 2.3 added by Stats. 1998, Ch. 1014, Sec. 2. )

    Verify source ↗

    This section defines terms used for adoption services, including “eligible child,” “TIES for Adoption,” “HIV positive,” and “specialized in-home health care.”

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.3. Adoption of Alcohol- and Drug-Exposed and HIV Positive Children [16135 - 16135.30] ( Chapter 2.3 added by Stats. 1998, Ch. 1014, Sec. 2. ) ## 16135.1. (a) “Eligible child” means any child who meets the requirements of paragraph (1) or (2), and paragraph (3). (1) Any child who has a condition or symptoms resulting from, or are suspected as resulting from, alcohol or substance abuse by the mother. (2) Any child who is HIV positive. (3) Any child who meets the requirements of either paragraph (1) or (2) and who meets all of the following requirements: (A) The child is a dependent child of the court. (B) The child has an adoption case plan and resides with a preadoptive or adoptive caregiver, or the plan is to transition and move the child to a preadoptive or adoptive caregiver. (b) “TIES for Adoption” means Training, Intervention, Education, and Services for Adoption, a training project developed and implemented by the Adoptions Division of the Los Angeles County Department of Children’s Services, the UCLA Center for Healthier Children, Families, and Communities, and the UCLA Psychology Department, a demonstration project funded by the Federal Adoption Opportunities Program from September 30, 1995, to December 31, 1997, inclusive. (c) “HIV positive” means having a human immunodeficiency virus infection. (d) “Specialized in-home health care” means, but is not limited to, those services identified by the child’s primary physician as appropriately administered by a prospective adoptive parent who has been trained by mental health or health care professionals. (Added by Stats. 1998, Ch. 1014, Sec. 2. Effective January 1, 1999.)
  128. 16135.10.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.3. Adoption of Alcohol- and Drug-Exposed and HIV Positive Children [16135 - 16135.30] ( Chapter 2.3 added by Stats. 1998, Ch. 1014, Sec. 2. )

    Verify source ↗

    Participating counties must maintain a specialized training and supportive services program for certain court-dependent children and their families, and the program must include respite services.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.3. Adoption of Alcohol- and Drug-Exposed and HIV Positive Children [16135 - 16135.30] ( Chapter 2.3 added by Stats. 1998, Ch. 1014, Sec. 2. ) ## 16135.10. (a) In order to promote successful adoptions of substance and alcohol exposed court dependent children, participating counties shall maintain a program of specialized training and supportive services to families adopting court dependent children who are either HIV positive or assessed as being prenatally exposed to alcohol or a controlled substance. (b) The program shall include respite services. Notwithstanding any other provision of law, respite services shall be funded with a 30 percent nonfederal county share consistent with the normal sharing ratio for child welfare services. This county share may be provided with county general funds, in-kind contributions, or other funds. The source of the county share shall meet all applicable state and federal requirements and provide counties with maximum flexibility. (c) Notwithstanding subdivision (b), beginning in the 2011–12 fiscal year, and each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code. (Amended (as added by Stats. 1998, Ch. 1014, Sec. 2) by Stats. 2012, Ch. 35, Sec. 117. (SB 1013) Effective June 27, 2012.)
  129. 16135.13.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.3. Adoption of Alcohol- and Drug-Exposed and HIV Positive Children [16135 - 16135.30] ( Chapter 2.3 added by Stats. 1998, Ch. 1014, Sec. 2. )

    Verify source ↗

    A participating county must provide special training to recruited adoptive parents for eligible children, and may offer the same training to relative caretakers adopting program-eligible children.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.3. Adoption of Alcohol- and Drug-Exposed and HIV Positive Children [16135 - 16135.30] ( Chapter 2.3 added by Stats. 1998, Ch. 1014, Sec. 2. ) ## 16135.13. (a) A participating county shall provide special training to recruited adoptive parents to care for eligible children. The training curriculum shall include, but is not limited to, all of the following: (1) Orientation. (2) Effect of alcohol and controlled substances on the fetus and children. (3) Normal and abnormal infant and early childhood development. (4) Special medical needs and disabilities. (5) Recovery from addiction to alcohol and controlled substances. (6) Self-care for the caregiver. (7) HIV/AIDS in children. (8) Issues in parenting and providing lifelong permanency and substance abuse prevention to, children with prenatal alcohol and other controlled substances exposure. (9) Issues specific to caring for a child who tests HIV positive. (b) Participating counties may provide the same special training to relative caretakers in the process of adopting program-eligible children. (Added by Stats. 1998, Ch. 1014, Sec. 2. Effective January 1, 1999.)
  130. 16135.14.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.3. Adoption of Alcohol- and Drug-Exposed and HIV Positive Children [16135 - 16135.30] ( Chapter 2.3 added by Stats. 1998, Ch. 1014, Sec. 2. )

    Verify source ↗

    The county must determine a child’s eligibility for services, and a participating county must select a specialized prospective adoptive home.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.3. Adoption of Alcohol- and Drug-Exposed and HIV Positive Children [16135 - 16135.30] ( Chapter 2.3 added by Stats. 1998, Ch. 1014, Sec. 2. ) ## 16135.14. (a) The county shall determine whether a child is eligible for services pursuant to this section. (b) A participating county shall select a specialized prospective adoptive home for the child. (c) If an eligible child’s adoptive placement changes from one participating county to another participating county, the child shall remain eligible for services. (Added by Stats. 1998, Ch. 1014, Sec. 2. Effective January 1, 1999.)
  131. 16135.16.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.3. Adoption of Alcohol- and Drug-Exposed and HIV Positive Children [16135 - 16135.30] ( Chapter 2.3 added by Stats. 1998, Ch. 1014, Sec. 2. )

    Verify source ↗

    This section says its requirements may be satisfied by implementing the TIES for Adoption program as defined in Section 16135.1(b).

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.3. Adoption of Alcohol- and Drug-Exposed and HIV Positive Children [16135 - 16135.30] ( Chapter 2.3 added by Stats. 1998, Ch. 1014, Sec. 2. ) ## 16135.16. The requirements of this section may be met by the implementation of the TIES for Adoption program as defined in Subdivision (b) of Section 16135.1. (Amended (as added by Stats. 1998, Ch. 1014, Sec. 2) by Stats. 2012, Ch. 35, Sec. 118. (SB 1013) Effective June 27, 2012.)
  132. 16135.17.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.3. Adoption of Alcohol- and Drug-Exposed and HIV Positive Children [16135 - 16135.30] ( Chapter 2.3 added by Stats. 1998, Ch. 1014, Sec. 2. )

    Verify source ↗

    Participating counties must prepare an adoption services case plan and arrange nonmedical support services under department regulations.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.3. Adoption of Alcohol- and Drug-Exposed and HIV Positive Children [16135 - 16135.30] ( Chapter 2.3 added by Stats. 1998, Ch. 1014, Sec. 2. ) ## 16135.17. Participating counties shall prepare an adoption services case plan pursuant to regulations adopted by the department and arrange for nonmedical support services. Nonmedical support services shall include respite care for specially trained prospective adoptive parents, including relative caretakers, pursuant to regulations adopted by the department. Nonmedical support services may also include, but are not limited to, temperament and behavior management training, consultation regarding medical and psychological issues and services, and educational advocacy. (Added by Stats. 1998, Ch. 1014, Sec. 2. Effective January 1, 1999.)
  133. 16135.25.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.3. Adoption of Alcohol- and Drug-Exposed and HIV Positive Children [16135 - 16135.30] ( Chapter 2.3 added by Stats. 1998, Ch. 1014, Sec. 2. )

    Verify source ↗

    The department must develop training procedures, help counties coordinate funding and services, require county coordination of services, and give requesting counties information needed to set up a program.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.3. Adoption of Alcohol- and Drug-Exposed and HIV Positive Children [16135 - 16135.30] ( Chapter 2.3 added by Stats. 1998, Ch. 1014, Sec. 2. ) ## 16135.25. The department shall do all of the following: (a) Develop necessary procedures and standardized programs for a specialized adoptive home training project. (b) Assist counties in coordinating sources of funding and services available to eligible children in order to maximize the social services provided to these children and avoid duplication of program funding. (c) Require that participating counties coordinate available services for this population and their adoptive families. (d) Provide to a requesting county information necessary to establish a program. (Added by Stats. 1998, Ch. 1014, Sec. 2. Effective January 1, 1999.)
  134. 16135.30.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.3. Adoption of Alcohol- and Drug-Exposed and HIV Positive Children [16135 - 16135.30] ( Chapter 2.3 added by Stats. 1998, Ch. 1014, Sec. 2. )

    Verify source ↗

    A county may place certain alcohol- or controlled-substance-exposed or HIV-positive children in prospective adoptive homes, and a trained preadoptive parent may provide specialized in-home health care after such a placement.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.3. Adoption of Alcohol- and Drug-Exposed and HIV Positive Children [16135 - 16135.30] ( Chapter 2.3 added by Stats. 1998, Ch. 1014, Sec. 2. ) ## 16135.30. (a) Notwithstanding any other provision of law, subdivisions (b) and (c) shall control the placement of a child pursuant to this chapter. (b) A county may place children who are alcohol or controlled substance exposed or HIV positive in prospective adoptive homes pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code. (c) If a county makes a placement pursuant to subdivision (b), a preadoptive parent trained by health care professionals may provide specialized in-home health care to that child who was placed in their home for the purpose of adoption. (Added by Stats. 1998, Ch. 1014, Sec. 2. Effective January 1, 1999.)
  135. 16160.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.5. Foster Child Ombudsman Program [16160 - 16167] ( Chapter 2.5 added by Stats. 1998, Ch. 311, Sec. 66. )

    Verify source ↗

    The Legislature states that California should create a foster care ombudsperson program within the State Department of Social Services, with protections that preserve nonpartisan, integral, and impartial ombudsperson functions.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.5. Foster Child Ombudsman Program [16160 - 16167] ( Chapter 2.5 added by Stats. 1998, Ch. 311, Sec. 66. ) ## 16160. The Legislature finds and declares that the people of California have benefited from the establishment of a long-term care ombudsperson pursuant to Section 9710 of the Welfare and Institutions Code and a childcare ombudsperson program pursuant to Section 1596.872a of the Health and Safety Code. The Legislature further finds it is essential to maintain the nonpartisan nature, integrity, and impartiality of ombudsperson functions and services. It is the intent of the Legislature to provide similar protections for foster children by establishing a foster care ombudsperson program within the State Department of Social Services. (Amended by Stats. 2021, Ch. 293, Sec. 1. (AB 317) Effective January 1, 2022.)
  136. 16161.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.5. Foster Child Ombudsman Program [16160 - 16167] ( Chapter 2.5 added by Stats. 1998, Ch. 311, Sec. 66. )

    Verify source ↗

    The Office of the State Foster Care Ombudsperson is to be established as an autonomous entity within the department.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.5. Foster Child Ombudsman Program [16160 - 16167] ( Chapter 2.5 added by Stats. 1998, Ch. 311, Sec. 66. ) ## 16161. (a) The Office of the State Foster Care Ombudsperson shall be established as an autonomous entity within the department for the purpose of providing children who are placed in foster care, either voluntarily or pursuant to Section 300 and Sections 600 and following, with a means to resolve issues related to their care, placement, or services. The work of the office falls within the provisions of subparagraphs (I) and (J) of paragraph (1) of subdivision (a) of Section 827, and the office shall meet all of the provisions and requirements of that section with regard to access, confidentiality, and the use of information. (b) For purposes of this chapter, “foster care” includes all of the following: (1) Voluntary placement in a licensed or approved children’s residential facility or with an approved resource family. (2) Placement in a licensed or approved children’s residential facility, with an approved resource family, or with a family pending approval as a resource family, or placement pursuant to a juvenile court order, pursuant to Article 6 (commencing with Section 300) and Article 14 (commencing with Section 601) of Chapter 2 of Part 1 of Division 2. (3) Placement by a governmental entity in a residential facility or home subject to licensure, certification, or approval by the State Department of Social Services pursuant to the California Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code). (Amended by Stats. 2021, Ch. 293, Sec. 2. (AB 317) Effective January 1, 2022.)
  137. 16162.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.5. Foster Child Ombudsman Program [16160 - 16167] ( Chapter 2.5 added by Stats. 1998, Ch. 311, Sec. 66. )

    Verify source ↗

    The Director of Social Services appoints the foster child ombudsperson, may reappoint them, and must keep the ombudsperson independent from control by officials.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.5. Foster Child Ombudsman Program [16160 - 16167] ( Chapter 2.5 added by Stats. 1998, Ch. 311, Sec. 66. ) ## 16162. (a) The Director of Social Services, in consultation with, and after receiving a list of possible nominees from, a committee of at least five interested individuals that are described in this subdivision, and after obtaining the committee’s input, shall appoint an ombudsperson who is qualified by training and experience to perform the duties of the office for a term of four years. The director may reappoint the ombudsperson for consecutive terms. The director shall select the committee members, the majority of whom shall be representatives of nonprofit children’s advocacy organizations and current or former foster youth. (b) The ombudsperson shall, in the performance of their duties during the duration of their appointment, be independent and the exercise of their discretion related to the duties and powers set forth in this chapter shall not be controlled, supervised, or directed, directly or indirectly, by the director or any other official. The ombudsperson shall devote their entire time to the duties and powers set forth in this chapter and may not be removed from office for exercising their independence and discretion in furtherance of those duties and powers. (c) If the term of an ombudsperson expires without the appointment of a successor under this chapter, the incumbent ombudsperson may continue in office until a successor is appointed. If the ombudsperson dies, resigns, becomes ineligible to serve, or is removed or suspended from office, the director shall designate an acting ombudsperson until the ombudsperson is appointed. The director shall appoint a new ombudsperson pursuant to this section within the nine months from the date the office became vacant. In no event shall the acting ombudsperson remain in office longer than nine months before a new ombudsperson is appointed pursuant to this section. (Amended by Stats. 2021, Ch. 293, Sec. 3. (AB 317) Effective January 1, 2022.)
  138. 16163.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.5. Foster Child Ombudsman Program [16160 - 16167] ( Chapter 2.5 added by Stats. 1998, Ch. 311, Sec. 66. )

    Verify source ↗

    The department must hire the personnel needed to run the office, and it must give priority to former foster youth when making hiring decisions.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.5. Foster Child Ombudsman Program [16160 - 16167] ( Chapter 2.5 added by Stats. 1998, Ch. 311, Sec. 66. ) ## 16163. The department shall hire the necessary personnel to perform the functions of the office. Priority shall be given to former foster youth in hiring decisions. (Added by Stats. 1998, Ch. 311, Sec. 66. Effective August 19, 1998.)
  139. 16164.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.5. Foster Child Ombudsman Program [16160 - 16167] ( Chapter 2.5 added by Stats. 1998, Ch. 311, Sec. 66. )

    Verify source ↗

    The Foster Care Ombudsperson Office must provide information, handle complaints, protect confidentiality, and report annual data about foster care issues.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.5. Foster Child Ombudsman Program [16160 - 16167] ( Chapter 2.5 added by Stats. 1998, Ch. 311, Sec. 66. ) ## 16164. (a) The Office of the State Foster Care Ombudsperson shall do all of the following: (1) (A) Disseminate information and provide training and technical assistance to foster youth, social workers, probation officers, tribes’ child welfare agencies, child welfare organizations, children’s advocacy groups, consumer and service provider organizations, and other interested parties on the rights of children and youth in foster care, reasonable and prudent parent standards, and the services provided by the office. The rights of children and youth in foster care are listed in Section 16001.9. The information shall include methods of contacting the office and notification that conversations with the office may be disclosed to other persons, as necessary to adequately investigate and resolve a complaint. (B) At the end of every two-year legislative session, review amendments to the laws applicable to foster youth and determine whether updates to the rights listed in Section 16001.9 should be recommended in the compilation prepared pursuant to paragraph (8). The office shall update the standardized information prepared pursuant to paragraph (1) of subdivision (e), and any training materials prepared pursuant to subparagraph (A), in accordance with the legislative review. (2) Receive complaints made by or on behalf of children placed in foster care, related to their care, placement, or services, including for children placed by the Office of Refugee Resettlement of the United States Department of Health and Human Services in residential facilities and homes that are subject to regulation by the State Department of Social Services pursuant to the California Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code) or pursuant to Article 2 (commencing with Section 16519.5) of Chapter 5. (3) Decide, in its discretion, whether to investigate a complaint, or refer complaints to another agency for investigation. After rendering a decision to investigate a complaint, attempt to resolve the complaint without using a judicial or administrative proceeding. (4) Upon rendering a decision to investigate a complaint from a complainant, notify the complainant of the intention to investigate. If the office declines to investigate a complaint or continue an investigation, the office shall notify the complainant of the reason for the action of the office. (5) Update the complainant on the progress of the investigation and the attempts to resolve the complaint, and notify the complainant of the final outcome. (6) Document the number, source, origin, location, and nature of complaints. (7) Receive data from the State Department of Education regarding complaints about foster youth education rights made through the uniform complaint process. (8) (A) Compile and make available to the Legislature all data collected over the course of the year, including, but not limited to, the number of contacts to the office, the number of complaints made, including the type and source of those complaints, the number of investigations performed by the office, the trends and issues that arose in the course of investigating complaints, the number of referrals made, the number of pending complaints, and a summary of the data received from the State Department of Education pursuant to paragraph (7). The office shall include recommendations consistent with this data for improving the child welfare system. (B) Present this compiled data, on an annual basis, at appropriate child welfare conferences, forums, and other events, as determined by the department, that may include presentations to, but are not limited to, representatives of the Legislature, the County Welfare Directors Association of California, Chief Probation Officers of California, Indian tribes, child welfare agencies, child welfare organizations, children’s advocacy groups, consumer and service provider organizations, and other interested parties. (C) It is the intent of the Legislature that representatives of the organizations described in subparagraph (B) consider this data in the development of any recommendations offered toward improving the child welfare system. (D) The compiled data shall be posted so that it is available to the public on the existing internet website of the office. (E) Nothing shall preclude the office from issuing data, findings, or reports other than the annual compilation of data described in this paragraph. (9) Have access to copies of any record of a state or local agency, and contractors with state and local agencies, that is necessary to carry out their responsibilities, and may meet or communicate with any foster child in their placement or elsewhere. (b) The office may establish, in consultation with a committee of interested individuals, regional or local foster care ombudsperson offices for the purposes of expediting investigations and resolving complaints, subject to appropriations in the annual Budget Act. (c) (1) Information obtained by the office from a complaint, regardless of whether it is investigated by the office, referred to another entity for investigation, or determined not to be the proper subject of an investigation, shall remain confidential under relevant state and federal confidentiality laws. Disclosure of information that is not confidential under state and federal confidentiality laws shall occur only as necessary to carry out the mission of the office, including as necessary to provide explanation and support for the office’s recommendations for improving the child welfare system to the Legislature and state and local agencies that provide services and supports to children placed in foster care. (2) The ombudsperson shall maintain confidentiality with respect to the identities of the complainants or witnesses coming before them, except insofar as disclosure may be necessary to enable the ombudsperson to carry out the duties of the office set forth in paragraphs (2) to (5), inclusive, of subdivision (a). The ombudsperson may not disclose a record that is confidential under relevant state and federal confidentiality laws. (3) If a child or nonminor dependent is represented by counsel pursuant to Section 317, the office may notify the counsel of a complaint in order for counsel to satisfy their obligations specified under paragraph (3) of subdivision (e) of Section 317. If appropriate, the office may also share the outcome of any investigation performed by the office with the child’s or nonminor dependent’s counsel. (d) The office shall provide administrative and technical assistance to county, regional, or local foster care ombudsperson’s offices, including, but not limited to, assistance in developing policies and procedures consistent with the policies and procedures used by the office. (e) (1) The office, in consultation with the County Welfare Directors Association of California, Chief Probation Officers of California, Indian tribes located in the state, foster youth advocate and support groups, groups representing children, families, foster parents, children’s facilities, and other interested parties, shall develop standardized information explaining the rights specified in Section 16001.9. The information shall be developed in an age-appropriate manner, and shall reflect any relevant licensing requirements with respect to foster care providers’ responsibilities to adequately supervise children in care. (2) The office, counties, foster care providers, and others shall use the information developed in paragraph (1) in carrying out their responsibilities to inform foster children and youth of their rights pursuant to Section 1530.91 of the Health and Safety Code, Sections 27 and 16501.1, and this section. (3) The office shall measure the distribution of the standardized materials for purposes of evaluating and improving the degree to which foster youth are adequately informed of their rights. This data shall be included in the compilation prepared pursuant to paragraph (8) of subdivision (a). (Amended by Stats. 2021, Ch. 297, Sec. 2.5. (AB 1140) Effective January 1, 2022.)
  140. 16165.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.5. Foster Child Ombudsman Program [16160 - 16167] ( Chapter 2.5 added by Stats. 1998, Ch. 311, Sec. 66. )

    Verify source ↗

    The ombudsperson may investigate foster care complaints, access records and facilities, try to resolve complaints, and issue written recommendations. The agency or contractor must respond in writing within 30 calendar days if a written recommendation is made.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.5. Foster Child Ombudsman Program [16160 - 16167] ( Chapter 2.5 added by Stats. 1998, Ch. 311, Sec. 66. ) ## 16165. As part of the office’s efforts to resolve complaints related to foster care, the ombudsperson may do all of the following: (a) Establish policies and procedures for receiving and processing complaints, conducting investigations, and reporting findings. (b) Conduct whatever investigation reasonably related to the complaint and to foster care that the ombudsperson deems necessary, including, but not limited to, both of the following: (1) Access to, and inspection of, premises within the control of a state or local agency or a contractor with a state and local agency, and access to, and inspection of, a licensed or approved children’s residential facility, at any time, with or without prior notice, for the purpose of carrying out the duties of the office. The ombudsperson shall be granted access to records and residents at all times for the purpose of carrying out the duties of the office. (A) For purposes of this section, “access” means the right to do all of the following: (i) Enter any licensed or approved children’s residential facility, upon providing identification. (ii) Communicate privately and without restriction with any resident, caregiver, personnel, or volunteer. (iii) Review and copy any resident record or caregiver file. (iv) Observe all resident and staff areas of a facility. (v) Review and reproduce administrative records, policies, and documents of any licensed or approved children’s residential care facility. (vi) Review and copy all licensing records maintained by the state, county, or agency, and review and reproduce any records of a state, county, or local agency and their contractors, except sealed court records, which may be obtained only by subpoena or other lawful court order. (vii) Interview all relevant witnesses. (B) For purposes of this section, “record” means a document, paper, memorandum, book, letter, file, drawing, map, plat, photo, photographic file, motion picture, film, microfilm, microphotograph, exhibit, magnetic or paper tape, punched card, or other item developed or received under law or in connection with the transaction of official business, but does not include material that is protected by privilege. (2) Observe proceedings and attend hearings, consistent with Section 346. (c) Attempt to resolve the complaint. (d) Submit a written plan to the relevant state or county agency, or a contractor with the state or local agency, recommending a course of action to resolve the complaint. If the ombudsperson makes a written recommendation, the state or county agency, or contractor, shall submit a written response to the ombudsperson within 30 calendar days. (Amended by Stats. 2021, Ch. 293, Sec. 5. (AB 317) Effective January 1, 2022.)
  141. 16166.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.5. Foster Child Ombudsman Program [16160 - 16167] ( Chapter 2.5 added by Stats. 1998, Ch. 311, Sec. 66. )

    Verify source ↗

    This section protects the ombudsperson and staff from being compelled to testify or disclose certain records, gives them specified immunities when performing listed functions, and requires referral of suspected misconduct to the relevant agency or law enforcement.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.5. Foster Child Ombudsman Program [16160 - 16167] ( Chapter 2.5 added by Stats. 1998, Ch. 311, Sec. 66. ) ## 16166. In order to encourage candor during the ombudsperson’s investigation of complaints made by or on behalf of foster youth and to facilitate the ombudsperson’s ability to resolve complaints, all of the following shall apply: (a) The ombudsperson and staff of the ombudsperson shall not be compelled to testify or be deposed in a judicial or administrative proceeding regarding matters coming to their attention in the exercise of their official duties, except as may be necessary to enforce or implement this chapter. (b) The records of the ombudsperson and the staff of the ombudsperson, including notes, drafts, and records obtained from an individual or agency during the intake, review, or investigation of a complaint, and any reports not released to the public shall not be subject to disclosure or production in response to a subpoena or discovery in a judicial or administrative proceeding, except as necessary to enforce or implement the provisions of this chapter. (c) When exercising the investigative, complaint resolution, and technical assistance functions of the Office of the State Foster Care Ombudsperson, the ombudsperson and staff of the ombudsperson shall have all immunities under Article 2 (commencing with Section 815) of Chapter 1 of Part 2 of Division 3.6 of Title 1 of the Government Code afforded to the discharge of discretionary duties by public entities and their employees. (d) If the ombudsperson believes, based on information received during the exercise of their official duties, that there is a breach of duty or misconduct by an employee of a state or local agency or their contractors in the conduct of the employees’ official duties, the ombudsperson shall refer the matter to the agency director or other responsible officer, and if the conduct would constitute a crime, to an appropriate law enforcement body or agency. (Added by Stats. 2021, Ch. 293, Sec. 6. (AB 317) Effective January 1, 2022.)
  142. 16167.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.5. Foster Child Ombudsman Program [16160 - 16167] ( Chapter 2.5 added by Stats. 1998, Ch. 311, Sec. 66. )

    Verify source ↗

    Social workers and probation officers must give foster children the office’s toll-free number and information about the office’s existence and purpose.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.5. Foster Child Ombudsman Program [16160 - 16167] ( Chapter 2.5 added by Stats. 1998, Ch. 311, Sec. 66. ) ## 16167. (a) A toll-free number shall be established for the office. (b) Social workers and probation officers shall provide foster children with the toll-free telephone number for the office and verbal or written information regarding the existence and purpose of the office. (Amended by Stats. 2021, Ch. 293, Sec. 7. (AB 317) Effective January 1, 2022.)
  143. 16170.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.6. Interstate Adoption Assistance Agreements [16170 - 16177] ( Chapter 2.6 added by Stats. 1999, Ch. 887, Sec. 9. )

    Verify source ↗

    The Legislature states that interstate adoption assistance needs special measures when adoptive parents move to another state or live in another state.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.6. Interstate Adoption Assistance Agreements [16170 - 16177] ( Chapter 2.6 added by Stats. 1999, Ch. 887, Sec. 9. ) ## 16170. The Legislature finds and declares all of the following: (a) Finding adoptive families for children, for whom state assistance is desirable pursuant to Chapter 2.1 (commencing with Section 16115), and assuring the protection of the interests of the children affected during the entire assistance period, require special measures when the adoptive parents move to other states or are residents of another state. (b) Provision of medical and other necessary services for children, with state assistance, encounters special difficulties when the provision of services takes place in other states. (Added by Stats. 1999, Ch. 887, Sec. 9. Effective January 1, 2000.)
  144. 16171.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.6. Interstate Adoption Assistance Agreements [16170 - 16177] ( Chapter 2.6 added by Stats. 1999, Ch. 887, Sec. 9. )

    Verify source ↗

    This section states the chapter’s purposes: to let two state departments make interstate agreements with other states for child protection in adoption assistance cases, and to create procedures for interstate adoption assistance payments, including medical payments.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.6. Interstate Adoption Assistance Agreements [16170 - 16177] ( Chapter 2.6 added by Stats. 1999, Ch. 887, Sec. 9. ) ## 16171. The purposes of this chapter are to: (a) Authorize the State Department of Social Services and the State Department of Health Services to enter into interstate agreements with agencies of other states for the protection of children on behalf of whom adoption assistance is being provided by the State Department of Social Services. (b) Provide procedures for interstate children’s adoption assistance payments, including medical payments. (Added by Stats. 1999, Ch. 887, Sec. 9. Effective January 1, 2000.)
  145. 16172.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.6. Interstate Adoption Assistance Agreements [16170 - 16177] ( Chapter 2.6 added by Stats. 1999, Ch. 887, Sec. 9. )

    Verify source ↗

    This section defines key terms used in Chapter 2.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.6. Interstate Adoption Assistance Agreements [16170 - 16177] ( Chapter 2.6 added by Stats. 1999, Ch. 887, Sec. 9. ) ## 16172. As used in this chapter, the following definitions apply, unless the context clearly indicates otherwise: (a) “Adoption assistance state” means the state that is signatory to an adoption assistance agreement in a particular case. (b) “Residence state” means the state where the child is living. (c) “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or a territory or possession of or administered by the United States. (Added by Stats. 1999, Ch. 887, Sec. 9. Effective January 1, 2000.)
  146. 16173.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.6. Interstate Adoption Assistance Agreements [16170 - 16177] ( Chapter 2.6 added by Stats. 1999, Ch. 887, Sec. 9. )

    Verify source ↗

    Two state departments are authorized to develop and enter interstate compacts with other states for chapter purposes.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.6. Interstate Adoption Assistance Agreements [16170 - 16177] ( Chapter 2.6 added by Stats. 1999, Ch. 887, Sec. 9. ) ## 16173. The State Department of Social Services and the State Department of Health Services are authorized to develop, participate in the development of, negotiate, or enter into one or more interstate compacts on behalf of this state with other states to implement one or more of the purposes set forth in this chapter. When entered into, and for so long as it shall remain in force, a compact shall have the force and effect of law. (Added by Stats. 1999, Ch. 887, Sec. 9. Effective January 1, 2000.)
  147. 16174.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.6. Interstate Adoption Assistance Agreements [16170 - 16177] ( Chapter 2.6 added by Stats. 1999, Ch. 887, Sec. 9. )

    Verify source ↗

    A compact under this chapter must include several required terms, including joinder by all states, withdrawal on written notice, continuing protection for certain children and adoptive parents, written adoption assistance agreements, and any other needed administrative provision.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.6. Interstate Adoption Assistance Agreements [16170 - 16177] ( Chapter 2.6 added by Stats. 1999, Ch. 887, Sec. 9. ) ## 16174. A compact entered into pursuant to the authority conferred by this chapter shall contain all of the following: (a) A provision making it available for joinder by all states. (b) A provision for withdrawal from the compact upon written notice to the parties, with a period of one year between the date of the notice and the effective date of the withdrawal. (c) A requirement that the protections afforded by the compact continue in force for the duration of the adoption assistance and be applicable to all children and their adoptive parents who on the effective date of the withdrawal are receiving adoption assistance from a party state other than the one in which they are resident and have their principal place of abode. (d) A requirement that each instance of adoption assistance to which the compact applies be covered by an adoption assistance agreement in writing between the adoptive parents and the state child welfare agency of the state which undertakes to provide the adoption assistance, and further, that any such agreement be expressly for the benefit of the adopted child and enforceable by the adoptive parents, and the state agency providing the adoption assistance. (e) Any other provision as may be appropriate to implement the proper administration of the compact. (Added by Stats. 1999, Ch. 887, Sec. 9. Effective January 1, 2000.)
  148. 16175.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.6. Interstate Adoption Assistance Agreements [16170 - 16177] ( Chapter 2.6 added by Stats. 1999, Ch. 887, Sec. 9. )

    Verify source ↗

    A compact under this chapter may include extra provisions beyond Section 16174.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.6. Interstate Adoption Assistance Agreements [16170 - 16177] ( Chapter 2.6 added by Stats. 1999, Ch. 887, Sec. 9. ) ## 16175. A compact entered into pursuant to the authority conferred by this chapter may contain provisions in addition to those required pursuant to Section 16174, as follows: (a) Provisions establishing procedures and entitlement to medical and other necessary social services for the child in accordance with applicable laws, even though the child and the adoptive parents are in a state other than the one responsible for or providing the services or the funds to defray part or all of the costs thereof. (b) Any other provision as may be appropriate or incidental to the proper administration of the compact. (Added by Stats. 1999, Ch. 887, Sec. 9. Effective January 1, 2000.)
  149. 16176.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.6. Interstate Adoption Assistance Agreements [16170 - 16177] ( Chapter 2.6 added by Stats. 1999, Ch. 887, Sec. 9. )

    Verify source ↗

    Eligible California children in these adoption-assistance situations may receive Medi-Cal benefits, and the departments must adopt implementing regulations.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.6. Interstate Adoption Assistance Agreements [16170 - 16177] ( Chapter 2.6 added by Stats. 1999, Ch. 887, Sec. 9. ) ## 16176. (a) (1) Any child who is a resident of California and who is the subject of a state-only adoption assistance agreement with another state, shall be eligible to receive Medi-Cal benefits whether or not there is a cash benefit. (2) Any child with special needs who is the subject of a state-only adoption assistance agreement with California shall continue to be eligible for Medi-Cal benefits if the child is placed out-of-state or with his or her adoptive family, moves out-of-state, and the receiving state does not provide Medicaid benefits to the child. (b) The departments shall adopt regulations to implement the provisions of this chapter. (Added by Stats. 1999, Ch. 887, Sec. 9. Effective January 1, 2000.)
  150. 16177.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.6. Interstate Adoption Assistance Agreements [16170 - 16177] ( Chapter 2.6 added by Stats. 1999, Ch. 887, Sec. 9. )

    Verify source ↗

    The two state departments must include certain federally funded adoption and medical assistance in relevant state plans and apply for and administer relevant federal aid.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 2.6. Interstate Adoption Assistance Agreements [16170 - 16177] ( Chapter 2.6 added by Stats. 1999, Ch. 887, Sec. 9. ) ## 16177. Consistent with federal law, the State Department of Social Services and the State Department of Health Services, in connection with the administration of this chapter and any compact pursuant thereto, shall include in any state plan made pursuant to the Adoption Assistance and Child Welfare of 1980 (Public Law 96-272), Titles IV (e) and XIX of the Social Security Act, or any other applicable federal laws, the provision of adoption assistance and medical assistance for which the federal government pays some or all the cost. The departments shall apply for and administer all relevant federal aid in accordance with law. (Added by Stats. 1999, Ch. 887, Sec. 9. Effective January 1, 2000.)
  151. 16200.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 3. Child Welfare Training [16200 - 16215] ( Chapter 3 added by Stats. 1987, Ch. 1310, Sec. 1. ) ## ARTICLE 1. General Provisions [16200- 16200.] ( Article 1 added by Stats. 1987, Ch. 1310, Sec. 1. )

    Verify source ↗

    This section defines “Program” as the Child Welfare Training Program and “Department” as the State Department of Social Services, for this chapter unless context requires otherwise.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 3. Child Welfare Training [16200 - 16215] ( Chapter 3 added by Stats. 1987, Ch. 1310, Sec. 1. ) ## ARTICLE 1. General Provisions [16200- 16200.] ( Article 1 added by Stats. 1987, Ch. 1310, Sec. 1. ) ## 16200. Unless the context requires otherwise, the definitions set forth in this section shall govern the construction of this chapter. (a) “ Program” means the Child Welfare Training Program. (b) “Department” means the State Department of Social Services. (Added by Stats. 1987, Ch. 1310, Sec. 1.)
  152. 16205.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 3. Child Welfare Training [16200 - 16215] ( Chapter 3 added by Stats. 1987, Ch. 1310, Sec. 1. ) ## ARTICLE 2. Child Welfare Training Program [16205 - 16208] ( Article 2 added by Stats. 1987, Ch. 1310, Sec. 1. )

    Verify source ↗

    The department must select and award a grant to a private nonprofit or public entity to establish a statewide multipurpose child welfare training program.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 3. Child Welfare Training [16200 - 16215] ( Chapter 3 added by Stats. 1987, Ch. 1310, Sec. 1. ) ## ARTICLE 2. Child Welfare Training Program [16205 - 16208] ( Article 2 added by Stats. 1987, Ch. 1310, Sec. 1. ) ## 16205. The department shall select and award a grant to a private nonprofit or public entity for the purpose of establishing a statewide multipurpose child welfare training program. (Added by Stats. 1987, Ch. 1310, Sec. 1.)
  153. 16206.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 3. Child Welfare Training [16200 - 16215] ( Chapter 3 added by Stats. 1987, Ch. 1310, Sec. 1. ) ## ARTICLE 2. Child Welfare Training Program [16205 - 16208] ( Article 2 added by Stats. 1987, Ch. 1310, Sec. 1. )

    Verify source ↗

    This section requires the child welfare training program to provide and prioritize training for child welfare workers and mandated reporters, subject to available funds.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 3. Child Welfare Training [16200 - 16215] ( Chapter 3 added by Stats. 1987, Ch. 1310, Sec. 1. ) ## ARTICLE 2. Child Welfare Training Program [16205 - 16208] ( Article 2 added by Stats. 1987, Ch. 1310, Sec. 1. ) ## 16206. (a) The purpose of the program is to develop and implement statewide coordinated training programs designed specifically to meet the needs of county child protective services social workers assigned emergency response, family maintenance, family reunification, permanent placement, and adoption responsibilities. It is the intent of the Legislature that the program include training for other agencies under contract with county welfare departments to provide child welfare services. In addition, the program shall provide training programs for persons defined as a mandated reporter pursuant to the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code). The program shall provide the services required in this section to the extent possible within the total allocation. If allocations are insufficient, the department, in consultation with the grantee or grantees and the Child Welfare Training Advisory Board, shall prioritize the efforts of the program, giving primary attention to the most urgently needed services. County child protective services social workers assigned emergency response responsibilities shall receive first priority for training pursuant to this section. (b) The training program shall provide practice-relevant training for mandated child abuse reporters and all members of the child welfare delivery system that will address critical issues affecting the well-being of children, and shall develop curriculum materials and training resources for use in meeting staff development needs of mandated child abuse reporters and child welfare personnel in public and private agency settings. (c) The training provided pursuant to this section shall include all of the following: (1) Crisis intervention. (2) Investigative techniques. (3) Rules of evidence. (4) Indicators of abuse and neglect. (5) Assessment criteria, including the application of guidelines for assessment of relatives for placement according to the criteria described in Section 361.3. (6) Intervention strategies. (7) Legal requirements of child protection, including requirements of child abuse reporting laws. (8) Case management. (9) Use of community resources. (10) Information regarding the dynamics and effects of domestic violence upon families and children, including indicators and dynamics of teen dating violence. (11) Post-traumatic stress disorder and the causes, symptoms, and treatment of post-traumatic stress disorder in children and the types of and behavioral manifestation of trauma, loss, and grief. (12) The importance of maintaining relationships with individuals who are important to a child in out-of-home placement, including methods to identify those individuals, consistent with the child’s best interests, including, but not limited to, asking the child about individuals who are important, and ways to maintain and support those relationships. (13) The legal duties of a child protective services social worker, in order to protect the legal rights and safety of children and families from the initial time of contact during investigation through treatment. (14) The information described in subdivision (d) of Section 16501.4. (15) The information described in subdivision (i) of Section 16521.5. The program may use the curriculum created pursuant to subdivision (h), and described in subdivision (i), of Section 16521.5. (d) The training provided pursuant to this section may also include any or all of the following: (1) Child development and parenting. (2) Intake, interviewing, and initial assessment. (3) Casework and treatment. (4) Medical aspects of child abuse and neglect. (e) The training program in each county shall assess the program’s performance at least annually and forward it to the State Department of Social Services for an evaluation. The assessment shall include, at a minimum, all of the following: (1) Workforce data, including education, qualifications, and demographics. (2) The number of persons trained. (3) The type of training provided. (4) The degree to which the training is perceived by participants as useful in practice. (5) Any additional information or data deemed necessary by the department for reporting, oversight, and monitoring purposes. (f) The training program shall provide practice-relevant training to county child protective services social workers who screen referrals for child abuse or neglect and for all workers assigned to provide emergency response, family maintenance, family reunification, and permanent placement services. The training shall be developed in consultation with the Child Welfare Training Advisory Board and domestic violence victims’ advocates and other public and private agencies that provide programs for victims of domestic violence or programs of intervention for perpetrators. (Amended (as amended by Stats. 2017, Ch. 24, Sec. 48) by Stats. 2017, Ch. 714, Sec. 3. (AB 1006) Effective January 1, 2018.)
  154. 16207.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 3. Child Welfare Training [16200 - 16215] ( Chapter 3 added by Stats. 1987, Ch. 1310, Sec. 1. ) ## ARTICLE 2. Child Welfare Training Program [16205 - 16208] ( Article 2 added by Stats. 1987, Ch. 1310, Sec. 1. )

    Verify source ↗

    This section says the chapter does not replace training requirements set by the department’s regulations.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 3. Child Welfare Training [16200 - 16215] ( Chapter 3 added by Stats. 1987, Ch. 1310, Sec. 1. ) ## ARTICLE 2. Child Welfare Training Program [16205 - 16208] ( Article 2 added by Stats. 1987, Ch. 1310, Sec. 1. ) ## 16207. Nothing in this chapter is intended to replace training requirements established by the department in regulations contained in Sections 30-196 and 30-272 of the department’s manual of policies and procedures. (Added by Stats. 1987, Ch. 1310, Sec. 1.)
  155. 16208.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 3. Child Welfare Training [16200 - 16215] ( Chapter 3 added by Stats. 1987, Ch. 1310, Sec. 1. ) ## ARTICLE 2. Child Welfare Training Program [16205 - 16208] ( Article 2 added by Stats. 1987, Ch. 1310, Sec. 1. )

    Verify source ↗

    The department must develop and use a statewide Emergency Response Protocol for telephone screening of emergency response referrals, with consultation and incorporation requirements.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 3. Child Welfare Training [16200 - 16215] ( Chapter 3 added by Stats. 1987, Ch. 1310, Sec. 1. ) ## ARTICLE 2. Child Welfare Training Program [16205 - 16208] ( Article 2 added by Stats. 1987, Ch. 1310, Sec. 1. ) ## 16208. (a) (1) The department, in consultation with the Child Welfare Training Advisory Board, shall contract with the University of California or the California State University system to develop a statewide protocol for telephone screening of emergency response referrals to protect children from abuse and neglect, to be called the Emergency Response Protocol. The department shall seek the advice of the California Children’s Lobby in the development of this protocol. (2) The Emergency Response Protocol shall incorporate written procedures for screening each referral of abuse or neglect to assess whether abuse of another family or household member is occurring. This additional domestic violence assessment and referral criteria shall be developed by the department in consultation with domestic violence victims’ advocates, and other public and private agencies that provide programs for victims of domestic violence or programs of intervention for perpetrators and the County Welfare Directors Association. (b) The department shall utilize available child welfare training funds in the development of the protocol. (c) The department shall incorporate the protocol into the child welfare training program described in this article no later than February 15, 1992. (Amended by Stats. 1996, Ch. 1139, Sec. 13. Effective January 1, 1997.)
  156. 16210.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 3. Child Welfare Training [16200 - 16215] ( Chapter 3 added by Stats. 1987, Ch. 1310, Sec. 1. ) ## ARTICLE 3. Child Welfare Training Advisory Board [16210- 16210.] ( Article 3 added by Stats. 1987, Ch. 1310, Sec. 1. )

    Verify source ↗

    The department must create a Child Welfare Training Advisory Board to oversee training programs, and the Director of Social Services must appoint the board.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 3. Child Welfare Training [16200 - 16215] ( Chapter 3 added by Stats. 1987, Ch. 1310, Sec. 1. ) ## ARTICLE 3. Child Welfare Training Advisory Board [16210- 16210.] ( Article 3 added by Stats. 1987, Ch. 1310, Sec. 1. ) ## 16210. (a) The department shall establish a Child Welfare Training Advisory Board to oversee training programs as specified by this chapter. (b) The advisory board shall be composed of nine members, consisting of representatives from child welfare, legal, judicial, and medical disciplines, and representatives from the public sector, who shall advise the director on the development of training programs and materials and other matters as deemed appropriate by the executive director. The board shall be appointed by the Director of Social Services. The advisory board members shall have demonstrated expertise in areas including, but not limited to, sexual, physical, and emotional abuse of children; infant abuse; adolescent abuse; treatment of physically abused, sexually abused, or emotionally abused minors; and special needs of infants and minors. (Added by Stats. 1987, Ch. 1310, Sec. 1.)
  157. 16215.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 3. Child Welfare Training [16200 - 16215] ( Chapter 3 added by Stats. 1987, Ch. 1310, Sec. 1. ) ## ARTICLE 4. Funding [16215- 16215.] ( Article 4 added by Stats. 1987, Ch. 1310, Sec. 1. )

    Verify source ↗

    The funding for the Child Welfare Training Program must be provided every year through the Budget Act.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 3. Child Welfare Training [16200 - 16215] ( Chapter 3 added by Stats. 1987, Ch. 1310, Sec. 1. ) ## ARTICLE 4. Funding [16215- 16215.] ( Article 4 added by Stats. 1987, Ch. 1310, Sec. 1. ) ## 16215. The appropriation in support of the Child Welfare Training Program shall be provided annually through the Budget Act. (Added by Stats. 1987, Ch. 1310, Sec. 1.)
  158. 16500.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. )

    Verify source ↗

    The state and county welfare departments must establish and support statewide child welfare services, and counties must create specialized units to run the program.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## 16500. 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. 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. (Amended by Stats. 1996, Ch. 1084, Sec. 10. Effective January 1, 1997.)
  159. 16500.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. )

    Verify source ↗

    Counties must submit disaster response plans, and the department must review, revise, coordinate, consult, and report on child welfare disaster planning and program regulations.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## 16500.1. (a) It is the intent of the Legislature to use the strengths of families and communities to serve the needs of children who are alleged to be abused or neglected, as described in Section 300, to reduce the necessity for removing these children from their home, to encourage speedy reunification of families when it can be safely accomplished, to locate permanent homes and families for children who cannot return to their biological families, to reduce the number of placements experienced by these children, to ensure that children leaving the foster care system have support within their communities, to improve the quality and homelike nature of out-of-home care, and to foster the educational progress of children in out-of-home care. (b) In order to achieve the goals specified in subdivision (a), the state shall encourage the development of approaches to child protection that do all of the following: (1) Allow children to remain in their own schools, in close proximity to their families. (2) Increase the number and quality of foster families available to serve these children. (3) Use a team approach to foster care that permits the biological and foster family and the child to be part of that team. (4) Use team decisionmaking in case planning. (5) Provide support to foster children and foster families. (6) Ensure that licensing requirements do not create barriers to recruitment of qualified, high-quality foster homes. (7) Provide training for foster parents and professional staff on working effectively with families and communities. (8) Encourage foster parents to serve as mentors and role models for biological parents. (9) Use community resources, including community-based agencies and volunteer organizations, to assist in developing placements for children and to provide support for children and their families. (10) Ensure an appropriate array of placement resources for children in need of out-of-home care. (11) Ensure that no child leaves foster care without a lifelong connection to a committed adult. (12) Ensure that children are actively involved in the case plan and permanency planning process. (c) (1) Each county shall provide the department with a disaster response plan describing how county programs assisted under Part B (commencing with Section 620) and Part E (commencing with Section 670) of Subchapter IV of Chapter 7 of Title 42 of the United States Code (Titles IV-B and IV-E of the Social Security Act) would respond to a disaster. The plan shall set forth procedures describing how each county will perform the following services: (A) Identify, locate, and continue availability of services for children under state care or supervision who are displaced or adversely affected by a disaster. (B) Respond, as appropriate, to new child welfare cases in areas adversely affected by a disaster, and provide services in those cases. (C) Remain in communication with caseworkers and other essential child welfare personnel who are displaced because of a disaster. (D) Preserve essential program records. (E) Coordinate services and share information with other counties. (2) The department shall review its disaster plan with respect to subparagraphs (A) to (E), inclusive, of paragraph (1), and shall revise the plan to clarify the role and responsibilities of the state in the event of a disaster. (3) The department shall consult with counties to identify opportunities for collaboration between counties, and between the county and the state, in the event of a disaster. (d) In carrying out the requirements of subdivisions (b) and (c), the department shall do all of the following: (1) Consider the existing array of program models provided in statute and in practice, including, but not limited to, wraparound services, as defined in Section 18251, children’s systems of care, as provided for in Section 5852, the Oregon Family Unity or Santa Clara County Family Conference models, which include family conferences at key points in the casework process, such as when out-of-home placement or return home is considered, and the Annie E. Casey Foundation Family to Family initiative, which uses team decisionmaking in case planning, community-based placement practices requiring that children be placed in foster care in the communities where they resided prior to placement, and involve foster families as team members in family reunification efforts. (2) Ensure that emergency response services, family maintenance services, family reunification services, and permanent placement services are coordinated with the implementation of the models described in paragraph (1). (3) Ensure consistency between child welfare services program regulations and the program models described in paragraph (1). (e) The department, in conjunction with stakeholders, including, but not limited to, county child welfare services agencies, foster parent and group home associations, the California Youth Connection, and other child advocacy groups, shall review the existing child welfare services program regulations to ensure that these regulations are consistent with the legislative intent specified in subdivision (a). This review shall also determine how to incorporate the best practice guidelines for assessment of children and families receiving child welfare and foster care services, as required by Section 16501.2. (f) The department shall report to the Legislature on the results of the actions taken under this section on or before January 1, 2002. (Amended by Stats. 2007, Ch. 583, Sec. 29. Effective January 1, 2008.)
  160. 16500.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. )

    Verify source ↗

    This section sets rules for county family preservation services, county planning and reporting, and state oversight.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## 16500.5. (a) (1) The Legislature hereby declares its intent to encourage the continuity of the family unit by all of the following: (A) Consistently providing family preservation services that have a track record of actually helping families. (B) Ensuring that contracts for family preservation services establish minimum standards for tracking and reporting the outcomes of those services. (C) Providing services that have their outcomes tracked and reported for those children within the meaning of Sections 360, 361, and 364 when they are returned to the family unit or when a minor will probably soon be within the jurisdiction of the juvenile court pursuant to Section 301. (D) Providing counseling and family support services designed to eradicate the situation that necessitated intervention and that have a track record of actually helping families. (2) The Legislature finds that maintaining abused and neglected children in foster care grows increasingly costly each year, and that adequate funding for family services that might enable these children to remain in their homes is not as readily available as funding for foster care placement. (3) The Legislature further finds that other state bodies have addressed this problem through various systems of flexible reimbursement in child welfare programs that provide for more intensive and appropriate services to prevent foster care placement or significantly reduce the length of stay in foster care. (b) It is the intent of the Legislature that family preservation and support services in California conform to the federal definitions contained in Section 431 of the Social Security Act. The Legislature finds and declares that California’s existing family preservation programs meet the intent of the federal Promoting Safe and Stable Families program. (c) (1) Services that may be provided under this program may include, but are not limited to, counseling, mental health treatment and substance abuse treatment services, including treatment at a residential substance abuse treatment facility that accepts families, parenting, respite, day treatment, transportation, homemaking, and family support services. Each county that chooses to provide mental health treatment and substance abuse treatment shall identify and develop these services in consultation with county mental health treatment and substance abuse treatment agencies. Additional services may include those enumerated in Sections 16506 and 16507. The services to be provided pursuant to this section may be determined by each participating county. Each county may contract with individuals and organizations for services to be provided pursuant to this section. Each county shall utilize available private nonprofit resources in the county prior to developing new county-operated resources when these private nonprofit resources are of at least equal quality and costs as county-operated resources and shall utilize available county resources of at least equal quality and cost prior to new private nonprofit resources. (2) Participating counties authorized by this subdivision shall provide specific programs of direct services based on individual family needs as reflected in the service plans to families of the following: (A) Children who are dependent children not taken from physical custody of their parents or guardians pursuant to Section 364. (B) Children who are dependent children removed from the physical custody of their parents or guardian pursuant to Section 361. (C) Children who it is determined will probably soon be within the jurisdiction of the juvenile court pursuant to Section 301. (D) Upon approval of the department, children who have been adjudged wards of the court pursuant to Sections 601 and 602. (E) Upon approval of the department, families of children subject to Sections 726 and 727. (F) Upon approval of the department, children who are determined to require out-of-home placement. (3) The services shall only be provided to families whose children will be placed in out-of-home care without the provision of services or to children who can be returned to their families with the provision of services. (4) (A) (i) The services selected by a participating county shall be reasonable and meritorious and shall demonstrate cost-effectiveness and success at avoiding out-of-home placement, or reducing the length of stay in out-of-home placement. A county shall not expend more funds for services under this subdivision than that amount which would be expended for placement in out-of-home care. (ii) This subparagraph shall become inoperative on January 1, 2026. (B) (i) Each service provider, at the time the provider is selected by a participating county, shall provide services that are reasonable, meritorious, and that demonstrated cost-effectiveness and success at avoiding out-of-home placement, or reducing the length of stay in out-of-home placement. A county shall not expend more funds for services under this subdivision than that amount which would be expended for placement in out-of-home care. Service providers selected shall be reviewed for reasonableness, merit, and whether they demonstrated cost-effectiveness and success at avoiding out-of-home placement, or reducing the length of stay in out-of-home placement no less than every three years after selection. (ii) This subparagraph shall become operative on January 1, 2026. Counties shall implement the requirements of this subparagraph in the next grant or selection cycle commencing on or after January 1, 2026. (5) (A) The services provided pursuant to this section in each county shall be deemed successful if they meet the following standards: (i) The services enable families to resolve their own problems, effectively utilize service systems, and advocate for their children in educational and social agencies. (ii) The services enhance family functioning by building on family strengths. (iii) At least 75 percent of the children receiving services remain in their own home for six months after termination of services. (iv) During the first year after services are terminated, the following criteria are met: (I) At least 60 percent of the children receiving services remain at home one year after services are terminated. (II) The average length of stay in out-of-home care of children selected to receive services who have already been removed from their home and placed in out-of-home care is 50 percent less than the average length of stay in out-of-home care of children who do not receive program services. (III) No more than 25 percent of children whose parents or guardian received services are children who meet any of the following circumstances, with that percentage limit separately applicable to each circumstance: (ia) Are removed from the physical custody of their parents or guardian pursuant to Section 300 or subdivision (e) of Section 364. (ib) Are removed from the physical custody of their parents or guardian pursuant to subdivisions (b) to (d), inclusive, of Section 361. (ic) Are determined to probably soon be within the jurisdiction of the juvenile court pursuant to Section 301. (id) Have been adjudged wards of the court pursuant to Section 601 or 602. (ie) Are families of children subject to Sections 726 and 727. (if) Are children who are determined to require out-of-home placement. (v) Two years after the termination of family preservation services, the following criteria are met: (I) The average length of out-of-home stay of children selected to receive services under this section who, at the time of selection, are in out-of-home care, is 50 percent less than the average length of stay in out-of-home care for children in out-of-home care who do not receive services pursuant to this section. (II) At least 60 percent of the children who were returned home pursuant to this section remain at home. (III) No more than 10 percent of children whose parents or guardian received services are children who meet any of the circumstances listed in subclause (III) of clause (iv) with that percentage limit separately applicable to each circumstance. (IV) No children who were returned home died or nearly died due to abuse or neglect. (B) The requirements in subclause (III) of clause (iv) of subparagraph (A), and subclauses (III) and (IV) of clause (v) of subparagraph (A) shall become operative on January 1, 2026. (6) Funds used for services provided under this section shall supplement, not supplant, child welfare services funds available for services pursuant to Sections 16506 and 16507. (7) Programs authorized after the original pilot projects shall submit data to the department upon the department’s request. (d) (1) A county welfare department social worker or probation officer may, pursuant to an appropriate court order, return a dependent minor or ward of the court removed from the home pursuant to Section 361 to the dependent minor’s or ward’s home, with appropriate interagency family preservation program services. (2) The county probation department may, with the approval of the State Department of Social Services, through an interagency agreement with the county welfare department, refer cases to the county welfare department for the direct provision of services under this subdivision. (e) Foster care funds shall remain within the administrative authority of the county welfare department and shall be used only for placement services or placement prevention services or county welfare department administrative cost related to the interagency family preservation program. (f) To the extent permitted by federal law, any federal funds provided for services to families and children may be utilized for the purposes of this section. (g) A county may establish family preservation programs that serve one or more geographic areas of the county, subject to the approval of the State Department of Social Services. (1) All funds expended by a county for activities under this section shall be expended by the county in a manner that will maximize eligibility for federal financial participation. (2) A county, subject to the approval of the State Department of Social Services, may claim federal financial participation, if allowable and available, as provided by the State Department of Social Services in the federal Promoting Safe and Stable Families program in accordance with the federal guidelines and regulations for that county’s AFDC­FC expenditures pursuant to subdivision (d) of Section 11450, for children subject to Sections 300, 301, 360, and 364, in advance, provided that the county conducts a program of family reunification and family maintenance services for families receiving these services pursuant to Sections 300, 301, 360, and 364, and as permitted by the department, children subject to Sections 601, 602, 726, and 727 of this code and Section 7572.5 of the Government Code. (h) In order to maintain federal funding and meet federal requirements, the State Department of Social Services and the Office of Child Abuse Prevention shall provide administrative oversight, monitoring, and consultation to ensure both of the following: (1) (A) Each county includes in its county plan information that details what services are to be funded under this section and who will be served, and how the services are coordinated with the array of services available in the county. In order to maintain federal funding to meet federal requirements, the State Department of Social Services shall review these plans and provide technical assistance as needed, as provided in Section 10601.2. In order to meet federal requirements, the Office of Child Abuse Prevention shall require counties to submit annual reports, as part of the current reporting process, on program services and children and families served. The annual reporting process shall be developed jointly by the department and county agencies for the purpose of meeting federal reporting requirements. (B) Commencing January 1, 2026, the annual reports described in subparagraph (A) shall include the information and data described in paragraph (5) of subdivision (c), demonstrating whether the services meet the standards for being deemed successful, the name of each provider of services described in paragraph (5) of subdivision (c), and whether the provider’s services were deemed successful pursuant to that paragraph. Within 30 business days of receipt of an annual report from a county, the department shall post the annual report to its internet website. (2) In order to maximize federal financial participation for the federal Promoting Safe and Stable Families grant, funds expended from this program are in compliance with data reporting requirements in order to meet federal nonsupplantation requirements in accordance with Section 1357.32(f) of Title 45 of the Code of Federal Regulations, and the 25 percent state match requirement in accordance with Section 1357.32(d) of Title 45 of the Code of Federal Regulations. (i) Beginning in the 2011–12 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be made with moneys allocated pursuant to Section 30025 of the Government Code. (Amended by Stats. 2024, Ch. 976, Sec. 2. (AB 3145) Effective January 1, 2025.)
  161. 16500.51.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. )

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    Solano and Alameda Counties may expand an existing child welfare program for a two-year project, the county probation department may refer cases through an interagency agreement, and the county must keep family-preservation funding proportions at least in line with the county foster care population.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## 16500.51. (a) In addition to participation in the program provided for under Section 16500.5, Solano and Alameda Counties may, on a two-year project basis, and subject to the election of the board of supervisors of each county to participate, expand the program provided for in Section 16500.5 to also provide those family preservation services to: (1) Children who have been adjudged wards of the court pursuant to Sections 601 and 602. (2) Families of children subject to Section 726 and 727. (b) Except as otherwise provided in this section, the expanded programs authorized under this section shall be subject to all of the provisions of Section 16500.5 and shall be administered in accordance with Section 16500.5. (c) The county probation department, through an interagency agreement with the county welfare department, may refer cases to the county welfare department for the provision of services under this subdivision. (d) The county shall ensure that the proportion of funds used for family preservation services for families and children needing these services pursuant to Sections 300, 330, 361, and 364 shall be no less than the proportion of those children in the county’s foster care population. (e) A dependent minor or ward of the court removed from the home pursuant to Section 726 may also be returned to his or her home with appropriate interagency family preservation services as provided in subdivision (c) of Section 16500.5. (f) This participation is subject to the provisions of Section 16500.5. (Amended (as added by Stats. 1990, Ch. 1120, Sec. 4) by Stats. 2012, Ch. 35, Sec. 121. (SB 1013) Effective June 27, 2012.)
  162. 16500.55.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. )

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    A county that participates in the program must provide services to certain court-adjudged children only to the extent approved by the department.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## 16500.55. Any county that participates in the program pursuant to this section on or after the effective date of the act which amends this section in the 1991 calendar year shall provide services to children who have been adjudged wards of the court pursuant to Sections 601 and 602 only to the extent approved by the department. (Amended by Stats. 2012, Ch. 35, Sec. 123. (SB 1013) Effective June 27, 2012.)
  163. 16500.65.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. )

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    Contra Costa County may run a family preservation and reunification program, but it must fund it at a level at least proportional to the county’s foster care population and the participating county must report on the project.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## 16500.65. (a) In addition to the three programs authorized under Section 16500.5, Contra Costa County may implement a family preservation and reunification program. The program shall be administered in accordance with Section 16500.5, and shall be subject to all of the provisions of that section. (b) The family preservation program authorized by this section may serve all of the following: (1) Families receiving those services pursuant to Sections 300, 330, 361, and 364. (2) Children who have been adjudged wards of the court pursuant to Sections 601 and 602. (3) Families of children subject to Sections 726 and 727. (c) The county probation department may, through an interagency agreement with the county welfare department, refer cases to the county welfare department for the direct provision of services under this subdivision. (d) The county shall ensure that the proportion of funds used for family preservation services for families and children needing those services pursuant to Sections 300, 330, 361, and 364 shall be no less than the proportion of those children in the county’s foster care program. (e) The project authorized by this subdivision shall be deemed successful if the following criteria have been met: (1) At least 75 percent of the children who are not placed in out-of-home care and who receive project services remain in their home for at least six months after the termination of family preservation services. (2) Two years after the termination of family preservation services, the average length of out-of-home stay of children selected to receive services under this section who, at the time of selection, are in out-of-home care, is 50 percent less than the average length of stay in out-of-home care for children in out-of-home care who do not receive demonstration project services pursuant to this section. (3) Two years after project services are terminated, at least 60 percent of the children who were returned home with project services remain at home. (f) (1) The participating county shall submit, to the department and to the appropriate committees of the Legislature, a preliminary report upon the conclusion of the demonstration project, and a final report six months after the conclusion of the project. (2) The participating county shall, in the reports required by paragraph (1), demonstrate the extent the project met the criteria for determining the success of the project specified in subdivision (e). (g) A dependent minor or ward of the court removed from the home pursuant to Section 726 may also be returned to his or her home with appropriate interagency family preservation services as provided in subdivision (c) of Section 16500.5. (Amended by Stats. 2012, Ch. 35, Sec. 124. (SB 1013) Effective June 27, 2012.)
  164. 16500.8.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. )

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    The department must, with counties, seek additional federal revenues for family preservation activities.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## 16500.8. (a) The department shall, in consultation with counties, seek additional federal revenues to finance the family preservation activities described in Section 16500.7. Those revenue sources shall include, but need not be limited to, all of the following: (1) Title IV-A of the federal Social Security Act, contained in Part A (commencing with Section 601) of Subchapter 4 of Chapter 7 of Title 42 of the United States Code. (2) Title IV-E of the federal Social Security Act contained in Part E (commencing with Section 670) of Subchapter 4 of Chapter 7 of Title 42 of the United States Code. (3) Title IV-B of the federal Social Security Act contained in Part B (commencing with Section 620) of Subchapter 4 of Chapter 7 of Title 42 of the United States Code. (4) Title XIX of the federal Social Security Act, contained in Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code. (b) It is the intent of the Legislature that any additional funds received pursuant to this section shall supplement, and not supplant, existing funding for family preservation services. (Amended by Stats. 2012, Ch. 35, Sec. 125. (SB 1013) Effective June 27, 2012.)
  165. 16500.9.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. )

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    The department must create one full-time position in the director’s office to help counties and the department comply with Indian child welfare laws and related guidance.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## 16500.9. The department shall establish one full-time position, within the office of the director, to assist counties and the department in complying with the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) and related state laws, regulations, rules of court, and state guidance. This assistance shall include, but not be limited to, all of the following: (a) Acting as a clearinghouse for up-to-date information regarding tribes within and outside of the state. (b) Providing information, technical assistance, and support regarding laws, regulations, rules of court, and state guidance applicable to Indian child custody proceedings and related matters. (c) In coordination with other divisions within the department, providing or coordinating training and technical assistance for counties regarding the requirements described in subdivision (b). (Amended by Stats. 2024, Ch. 656, Sec. 31. (AB 81) Effective September 27, 2024.)
  166. 16501.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. )

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    This section defines child welfare services and related terms, and sets rules for child welfare case planning, team meetings, response times, record checks, and some county and department powers.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## 16501. (a) (1) As used in this chapter, “child welfare services” means public social services that are directed toward the accomplishment of any or all of the following purposes: (A) Protecting and promoting the welfare of all children, including disabled, homeless, dependent, or neglected children. (B) Preventing or remedying, or assisting in the solution of problems that may result in, the neglect, abuse, exploitation, or delinquency of children. (C) Preventing the unnecessary separation of children from their families by identifying family problems, assisting families in resolving their problems, and preventing breakup of the family where the prevention of child removal is desirable and possible. (D) Restoring to their families children who have been removed, by the provision of services to the child and the families. (E) Identifying children to be placed in suitable adoptive homes, in cases where restoration to the biological family is not possible or appropriate. (F) Ensuring adequate care of children away from their homes, in cases where the child cannot be returned home or cannot be placed for adoption. (2) “Child welfare services” also means services provided on behalf of children alleged to be the victims of child abuse, neglect, or exploitation. The child welfare services provided on behalf of each child represent a continuum of services, including emergency response services, family preservation services, family maintenance services, family reunification services, and permanent placement services, including supportive transition services. The individual child’s case plan is the guiding principle in the provision of these services. The case plan shall be developed within a maximum of 60 days of the initial removal of the child or of the in-person response required under subdivision (f) if the child has not been removed from their home, or by the date of the dispositional hearing pursuant to Section 358, whichever comes first. (3) “Child welfare services” are best provided in a framework that integrates service planning and delivery among multiple service systems, including the mental health system, using a team-based approach, such as a child and family team. A child and family team brings together individuals that engage with the child or youth and family in assessing, planning, and delivering services consistent with paragraph (1) of subdivision (d) of Section 16501.1. Use of a team approach increases efficiency, and thus reduces cost, by increasing coordination of formal services and integrating the natural and informal supports available to the child or youth and family. (4) “Child and family team” means a group of individuals who are convened by the placing agency and who are engaged through a variety of team-based processes to identify the strengths and needs of the child or youth and their family, and to help achieve positive outcomes for safety, permanency, and well-being. The child and family team shall have the same meaning as the “family and permanency team,” as described in Section 675a(c)(1)(B)(ii) of Title 42 of the United States Code. (A) The activities of the team shall include, but not be limited to, all of the following: (i) Providing input into the development of a child and family plan that is strengths-based, needs-driven, and culturally relevant. (ii) Providing input into the placement decision made by the placing agency and the services to be provided in order to support the child or youth. (iii) On and after October 1, 2021, for a child placed into a short-term residential therapeutic program, providing input into all of the following: (I) Required determinations by a qualified individual pursuant to subdivision (g) of Section 4096. (II) Required components of the case plan, including those specified in subparagraph (C) of paragraph (2) of subdivision (d) of Section 16501.1. (III) Development of the plan for family-based aftercare services described in Section 4096.6. (iv) Providing input to the placing agency in developing the Immediate Needs Plan for using the Immediate Needs Funding for each child in the Immediate Needs Program established by Section 16562. (v) Supporting the child and family, as desired by the child and family, by discussing options for goods, services, activities, and supports for the Strengths Building Spending Plan consistent with the Strengths Building Program as described in Section 16565. (vi) Supporting the child and family with resolving disputes that may arise regarding the selection of goods, services, activities and supports for the Strengths Building Spending Plan under the Strengths Building Program established in Section 16565, as needed. (B) (i) The child and family team process shall engage the child or youth, the child’s family, and other people important to the family or to the child or youth in meeting the objectives set forth in subparagraph (A). The child and family team shall also include representatives who provide formal supports to the child or youth and family when appropriate, including, but not limited to, all of the following: (I) The caregiver. (II) The placing agency caseworker. (III) A representative from a foster family agency or short-term residential therapeutic program with which a child or youth is placed. (IV) A county mental health representative. (V) A representative from the regional center if the child is eligible for regional center services. (VI) The child or youth’s Court-Appointed Special Advocate, if one has been appointed, unless the child or youth objects. (VII) A representative of the child or youth’s tribe or Indian custodian, as applicable. (ii) As appropriate, the child and family team also may include other formal supports, such as substance use disorder treatment professionals and educational professionals, providing services to the child or youth and family. For purposes of this definition, the child and family team also may include extended family and informal support persons, such as friends, coaches, faith-based connections, and tribes as identified by the child or youth and family. If placement into a short-term residential therapeutic program or a foster family agency that provides treatment services has occurred or is being considered, the mental health representative is required to be a licensed mental health professional. Any party to the child’s case who is represented by an attorney may consult with their attorney regarding this process. The child or youth and their family may request specific persons to be included on the child and family team. Nothing shall preclude another agency serving the child or youth from convening a team in collaboration with the placing agency. (5) “Child and family team meeting” means a convening of all or some members of the child and family team. A child and family team meeting may be requested by any member of the child and family team. (A) Upon the scheduling of a child and family team meeting, a notification shall be provided to the child or youth, their parent or guardian, and the caregiver. (B) The placing agency shall document the occurrence and summary of the child and family team meeting on the child and family team action plan form developed by the department with any necessary redactions, a copy of which shall be attached to the court report that is prepared pursuant to Section 358.1, 366.1, or 706.5. The department shall issue written guidance identifying the necessary redactions. (C) (i) The child’s court-appointed educational rights holder, if someone other than the parent, guardian, or caregiver, shall be invited to the child and family team meeting if either of the following applies: (I) The child and family team will develop and implement a placement preservation strategy pursuant to Section 16010.7. (II) The child and family team will discuss a placement change. (ii) The child and family team shall discuss if remaining in the school of origin is in the child’s best interest. (iii) Pursuant to, and in accordance with, Section 48853.5 of the Education Code, if the child’s educational rights holder determines that remaining in, or returning to, the child’s school of origin is in the child’s best interest, the child and family team, in consultation with the foster care educational liaison, shall determine an appropriate transportation plan for the child to attend their school of origin and any available extracurricular activities. (6) Child welfare services may include, but are not limited to, a range of service-funded activities, including case management, counseling, emergency shelter care, emergency in-home caretakers, temporary in-home caretakers, respite care, therapeutic day services, teaching and demonstrating homemakers, parenting training, substance abuse testing, transportation, and specialized permanency services. These service-funded activities shall be available to children and their families in all phases of the child welfare program in accordance with the child’s case plan and departmental regulations. Funding for services is limited to the amount appropriated in the annual Budget Act and other available county funds. (7) Service-funded activities to be provided may be determined by each county, based upon individual child and family needs as reflected in the service plan. (8) As used in this chapter, “emergency shelter care” means emergency shelter provided to children who have been removed pursuant to Section 300 from their parent or parents or their guardian or guardians. The department may establish, by regulation, the time periods for which emergency shelter care shall be funded. For the purposes of this paragraph, “emergency shelter care” may include “transitional shelter care facilities” as defined in paragraph (11) of subdivision (a) of Section 1502 of the Health and Safety Code. (9) As used in this chapter, “specialized permanency services” means services to assist a child or nonminor dependent whose case plan is for permanent placement or supportive transition to adulthood in achieving a permanent family through reunification, adoption, legal guardianship, or other lifelong connection to caring adults, including at least one adult who will provide a permanent, parent-like relationship for the child or nonminor dependent. Specialized permanency services are designed for and with the child to address the child’s history of trauma, separation, and loss. “Specialized permanency services” may include all of the following: (A) Medically necessary mental health services, if the medical necessity criteria for Medi-Cal specialty mental health services, as described in Section 1830.205 or 1830.210 of Title 9 of the California Code of Regulations, is met, as needed to ameliorate impairments in significant areas of life functioning that may reduce the likelihood of the child or nonminor dependent achieving a permanent family, and may include other services designed to address the child’s or nonminor dependent’s history of trauma, grief, loss, stigma, and rejection that reduce the likelihood of the child or nonminor dependent achieving a permanent family. (B) Permanency support core services, as appropriate to achieve, stabilize, and sustain the child or nonminor dependent in a permanent family. (C) Services designed to prepare the identified permanent family to meet the child’s or nonminor dependent’s needs, set appropriate expectations before and after permanency is achieved, and stabilize the placement. (b) As used in this chapter, “respite care” means temporary care for periods not to exceed 72 hours, and, in order to preserve the placement, may be extended up to 14 days in any one month pending the development of policies and regulations in consultation with county placing agencies and stakeholders. This care may be provided to the child’s parents or guardians. This care shall not be limited by regulation to care over 24 hours. These services shall not be provided for the purpose of routine, ongoing childcare. (c) The county shall provide child welfare services as needed pursuant to an approved service plan and in accordance with regulations promulgated, in consultation with the counties, by the department. Counties may contract for service-funded activities, as defined in paragraph (1) of subdivision (a). Counties shall not contract for needs assessment, client eligibility determination, or any other activity as specified by regulations of the State Department of Social Services, except as specifically authorized in Section 16100. (d) This chapter shall not be construed to affect duties that are delegated to probation officers pursuant to Sections 601 and 654. (e) A county may utilize volunteer individuals to supplement professional child welfare services by providing ancillary support services in accordance with regulations adopted by the State Department of Social Services. (f) As used in this chapter, emergency response services consist of a response system providing in-person response, 24 hours a day, seven days a week, to reports of abuse, neglect, or exploitation, as required by Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code for the purpose of investigation pursuant to Section 11166 of the Penal Code and to determine the necessity for providing initial intake services and crisis intervention to maintain the child safely in their own home or to protect the safety of the child. County welfare departments shall respond to any report of imminent danger to a child immediately and all other reports within 10 calendar days. An in-person response is not required when the county welfare department, based upon an evaluation of risk, determines that an in-person response is not appropriate. This evaluation includes collateral contacts, a review of previous referrals, and other relevant information, as indicated. (g) As used in this chapter, family maintenance services are activities designed to provide in-home protective services to prevent or remedy neglect, abuse, or exploitation, for the purposes of preventing separation of children from their families. (h) As used in this chapter, family reunification services are activities designed to provide time-limited foster care services to prevent or remedy neglect, abuse, or exploitation, when the child cannot safely remain at home, and needs temporary foster care, while services are provided to reunite the family. (i) (1) As used in this chapter, permanent placement services are activities designed to provide an alternate permanent family structure for children who, because of abuse, neglect, or exploitation, cannot safely remain at home and who are unlikely to ever return home. These services shall be provided on behalf of children for whom there has been a judicial determination of a permanent plan for adoption, legal guardianship, placement with a fit and willing relative, or continued foster care placement, and, as needed, shall include supportive transition services to nonminor dependents, as described in subdivision (v) of Section 11400. (2) For purposes of this section, “another planned permanent living arrangement” means a permanent plan ordered by the court for a child 16 years of age or older or a nonminor dependent, when there is a compelling reason or reasons to determine that it is not in the best interest of the child or nonminor dependent to return home, be placed for adoption, be placed for tribal customary adoption in the case of an Indian child, or be placed with a fit and willing relative. Placement in a group home, or, on and after January 1, 2017, a short-term residential therapeutic program, shall not be the identified permanent plan for any child or nonminor dependent. (j) As used in this chapter, family preservation services include those services specified in Section 16500.5 to avoid or limit out-of-home placement of children, and may include those services specified in that section to place children in the least restrictive environment possible. (k) (1) (A) In any county electing to implement this subdivision, all county welfare department employees who have frequent and routine contact with children shall, by February 1, 1997, and all welfare department employees who are expected to have frequent and routine contact with children and who are hired on or after January 1, 1996, and all such employees whose duties change after January 1, 1996, to include frequent and routine contact with children, shall, if the employees provide services to children who are alleged victims of abuse, neglect, or exploitation, sign a declaration under penalty of perjury regarding any prior criminal conviction, and shall provide a set of fingerprints to the county welfare director. (B) The county welfare director shall secure from the Department of Justice a criminal record to determine whether the employee has ever been convicted of a crime other than a minor traffic violation. The Department of Justice shall deliver the criminal record to the county welfare director. (C) If it is found that the employee has been convicted of a crime, other than a minor traffic violation, the county welfare director shall determine whether there is substantial and convincing evidence to support a reasonable belief that the employee is of good character so as to justify frequent and routine contact with children. (D) An exemption shall not be granted pursuant to subparagraph (C) if the person has been convicted of a sex offense against a minor, or has been convicted of an offense specified in Section 220, 243.4, 264.1, 273d, 288, or 289 of the Penal Code, or in paragraph (1) of Section 273a of, or subdivision (a) or (b) of Section 368 of, the Penal Code, or has been convicted of an offense specified in subdivision (c) of Section 667.5 of the Penal Code. The county welfare director shall suspend such a person from any duties involving frequent and routine contact with children. (E) Notwithstanding subparagraph (D), the county welfare director may grant an exemption if the employee or prospective employee, who was convicted of a crime against an individual specified in paragraph (1) or (7) of subdivision (c) of Section 667.5 of the Penal Code, has been rehabilitated as provided in Section 4852.03 of the Penal Code and has maintained the conduct required in Section 4852.05 of the Penal Code for at least 10 years and has the recommendation of the district attorney representing the employee’s or prospective employee’s county of residence, or if the employee or prospective employee has received a certificate of rehabilitation pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code. In that case, the county welfare director may give the employee or prospective employee an opportunity to explain the conviction and shall consider that explanation in the evaluation of the criminal conviction record. (F) If criminal record information has not been recorded, the county welfare director shall cause a statement of that fact to be included in that person’s personnel file. (2) For purposes of this subdivision, a conviction means a plea or verdict of guilty or a conviction following a plea of nolo contendere. An action that the county welfare director is permitted to take following the establishment of a conviction may be taken when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, notwithstanding a subsequent order pursuant to Sections 1203.4 and 1203.4a of the Penal Code permitting the person to withdraw their plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment. For purposes of this subdivision, the record of a conviction, or a copy thereof certified by the clerk of the court or by a judge of the court in which the conviction occurred, shall be conclusive evidence of the conviction. (l) (1) Consistent with Section 675a(c)(1)(D) of Title 42 of the United States Code, “qualified individual” means a trained professional or licensed clinician responsible for conducting the determination described in subdivision (g) of Section 4096 and determining the most effective and appropriate placement for a child. In the case of an Indian child, as defined in Section 224.1, a person may be designated by the child’s tribe as the qualified individual pursuant to this subdivision and as defined in subdivision (c) of Section 224.6. In the absence of that designation, the qualified individual shall have specialized knowledge of, training about, or experience with, tribes and the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.). (2) Except as provided in paragraph (3), the qualified individual shall not be an employee of the IV-E agency and shall not be connected to, or affiliated with, any placement setting in which the IV-E agency places children. (3) (A) The department shall seek approval from the Secretary of the United States Department of Health and Human Services for authorization to permit employees of the IV-E agency or an individual connected to, or affiliated with, a placement setting to serve as the qualified individual who conducts the assessment described in subdivision (g) of Section 4096. A request for approval shall describe the process through which the department may certify that an employee of a Title IV-E agency, or individual connected to or affiliated with a placement setting, and designated as a qualified individual will maintain objectivity in conducting the assessment and determination of the most effective and appropriate placement for a child or nonminor dependent. (B) Any process developed pursuant to subparagraph (A) shall be developed jointly with the State Department of Health Care Services and in consultation with the State Department of Developmental Services, the State Department of Education, county child welfare, probation, and behavioral health agencies, and other interested stakeholders. (C) If approval is granted, the department and the State Department of Health Care services shall issue joint instructions to counties regarding the process for the department to approve a joint request and plan submitted to the department by a county placing agency and behavioral health plan to permit an individual who is an employee of a Title IV-E agency or connected to, or affiliated with, a IV-E placement setting to serve as a qualified individual. (4) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this subdivision by means of all-county letters or similar instructions from the department until regulations are adopted. These all-county letters or similar written instructions shall have the same force and effect as regulations until the adoption of regulations. (Amended by Stats. 2025, Ch. 79, Sec. 26. (SB 119) Effective July 29, 2025.)
  167. 16501.01.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. )

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    A county may arrange respite care for a child or nonminor dependent it supervises, but counties that certify respite care providers must complete specified checks and certifications.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## 16501.01. (a) A county may arrange for respite care for a child or nonminor dependent supervised by the county, which may be provided by any of the following: (1) Prior to January 1, 2021, a licensed foster family home or certified family home. (2) Prior to January 1, 2021, the approved home of a relative, as defined in Section 319, or nonrelative extended family member, as described in Section 362.7. (3) An approved resource family, as defined in Section 16519.5 of this code and Section 1517 of the Health and Safety Code. (4) At the option of a county, a respite care provider certified by the county pursuant to subdivision (b). (b) A county electing to certify respite care providers shall do all of the following: (1) Ensure an inspection of the home and grounds of the prospective respite care provider, consistent with standards developed under the resource family approval program, to determine that the home and grounds are free of conditions that may pose an undue risk to the health and safety of a child or nonminor dependent. (2) Secure and evaluate the criminal record of the prospective respite care provider and all adults residing in the home pursuant to Section 1522 of the Health and Safety Code. The prospective respite care provider and all adults residing in the home shall obtain a criminal record clearance or exemption prior to certification. A nonminor dependent shall not be subject to criminal background clearances pursuant to Sections 1522 and 1522.1 of the Health and Safety Code for the purpose of certifying a prospective respite care provider. (3) Check if the prospective respite care provider is listed in the Child Abuse Central Index and investigate any substantiated reports pursuant to Section 1522.1 of the Health and Safety Code. (4) Determine whether the prospective respite care provider is willing and able to provide respite care to a child or nonminor dependent, taking into consideration the age, maturity, behavioral tendencies, mental and physical health, medications, abilities and limitations, and developmental level of, and court orders for, a child or nonminor dependent. (5) Require the prospective respite care provider to complete the training specified in paragraph (13) of subdivision (g) of Section 16519.5. (c) Notwithstanding the requirements of subdivision (b), when the need for respite care is unanticipated and the proposed respite care provider is a relative of the child, as defined in Section 319, or nonrelative extended family member, as defined in Section 362.7, and the proposed respite care provider has an established relationship with the child, nonminor dependent, or caregiver and it is in the best interest of the child or nonminor dependent, the county electing to certify respite care providers shall do all of the following: (1) Cause a state-level criminal records check to be conducted by an appropriate government agency through the California Law Enforcement Telecommunications System pursuant to Section 16504.5 and assess the results consistent with Section 361.4. (2) Check if the relative or nonrelative extended family member is listed in the Child Abuse Central Index and investigate any substantiated reports pursuant to Section 1522.1 of the Health and Safety Code. (3) Determine whether the proposed respite care provider is willing and able to provide respite care to a child or nonminor dependent, taking into consideration the age, maturity, behavioral tendencies, mental and physical health, medications, abilities and limitations, and developmental level of, and court orders for, a child or nonminor dependent. (4) Permit a proposed respite care provider who has not completed the required training to provide respite care to a child or nonminor dependent. (d) Nothing in this section shall prohibit a county from requiring that a respite care provider meet additional standards in order to be certified as a respite care provider by the county. (e) Unless otherwise prohibited by the child’s social worker, probation officer, or court order, nothing in this section shall prohibit a resource family from arranging for a babysitter or alternative caregiver to provide, on an occasional basis, care and supervision to a child placed in the home. (f) (1) A home certified as a respite care provider shall not be an eligible placement for a child who is the subject of a voluntary placement agreement, has been adjudged a dependent child of the juvenile court pursuant to Section 300, or as to whom a petition has been filed under Section 325. (2) A home certified as a respite care provider shall not be eligible to receive AFDC-FC or Approved Relative Caregiver funding. Nothing in this paragraph shall prevent a county from using other available funds to support respite care services. (g) Until regulations are adopted, the department may implement this section 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). (Amended by Stats. 2018, Ch. 935, Sec. 5. (SB 1083) Effective January 1, 2019.)
  168. 16501.02.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. )

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    A caregiver may arrange occasional alternative care for a foster child, but must use a reasonable and prudent parent standard and give the alternative caregiver key care, medication, and contact information.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## 16501.02. (a) For purposes of this section, the following definitions shall apply: (1) “Alternative care” means care and supervision of more than 24 consecutive hours, but no more than 72 consecutive hours unless the foster child’s social worker or probation officer provides prior approval. (2) “Alternative caregiver” means a person who is at least 18 years of age and provides alternative care for a foster child in either his or her home or the home of the caregiver. (3) “Caregiver” means any licensed or certified foster parent, approved relative caregiver, or approved nonrelative extended family member, or approved resource family. (4) “Reasonable and prudent parent” or “reasonable and prudent parent standard” has the same meaning as set forth in subdivision (c) of Section 362.05. (b) A caregiver may arrange for occasional alternative care of his or her foster child and allow an alternative caregiver to provide care and supervision to the foster child, unless prohibited by the foster child’s social worker or probation officer or court order. (c) A caregiver shall use a reasonable and prudent parent standard in determining and selecting an appropriate alternative caregiver. (d) A caregiver shall endeavor to provide an alternative caregiver with all of the following information before leaving the foster child for purposes of alternative care: (1) Information about the foster child’s emotional, behavioral, medical, or physical conditions, if any, necessary to provide care for the foster child during the time the foster child is being supervised by the alternative caregiver. (2) Any medication that should be administered to the foster child during the time the foster child is being supervised by the alternative caregiver. (3) Emergency contact information that is valid during the time the foster child is being supervised by the alternative caregiver. (Added by Stats. 2018, Ch. 910, Sec. 43. (AB 1930) Effective January 1, 2019.)
  169. 16501.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. )

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    This section requires child welfare case plans to be timely, detailed, and updated, with county and worker duties tied to visits, documentation, placement, and family participation.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## 16501.1. (a) (1) The Legislature finds and declares that the foundation and central unifying tool in child welfare services is the case plan. (2) The Legislature further finds and declares that a case plan ensures that the child receives protection and safe and proper care and case management, and that services are provided to the child and parents or other caretakers, as appropriate, in order to improve conditions in the parent’s home, to facilitate the safe return of the child to a safe home or the permanent placement of the child, and to address the needs of the child while in foster care. (3) The agency shall consider and document the recommendations of the child and family team, as defined in Section 16501, if any are available. The agency shall document the rationale for any inconsistencies between the case plan and the child and family team recommendations. (b) (1) A case plan shall be based upon the principles of this section, the Integrated Practice-Child and Adolescent Needs and Strengths (IP-CANS) assessment, and the input from the child and family team. (2) The case plan shall document that a preplacement assessment of the service needs of the child and family, and preplacement preventive services, have been provided, and that reasonable efforts to prevent out-of-home placement have been made. In the case of an Indian child, as defined in subdivision (b) of Section 224.1, the case plan shall also document that the county agency made active efforts, as described in subdivision (f) of Section 224.1, to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family. Preplacement services may include intensive mental health services in the home or a community setting and the reasonable efforts made to prevent out-of-home placement. (3) In determining the reasonable services to be offered or provided, the child’s health and safety shall be the paramount concerns. (4) Upon a determination pursuant to paragraph (1) of subdivision (e) of Section 361.5 that reasonable services will be offered to a parent who is incarcerated in a county jail or state prison, detained by the United States Department of Homeland Security, or deported to their country of origin, the case plan shall include information, to the extent possible, about a parent’s incarceration in a county jail or the state prison, detention by the United States Department of Homeland Security, or deportation during the time that a minor child of that parent is involved in dependency care. (5) Reasonable services shall be offered or provided to make it possible for a child to return to a safe home environment, unless, pursuant to subdivisions (b) and (e) of Section 361.5, the court determines that reunification services shall not be provided. In the case of an Indian child, as defined in subdivision (b) of Section 224.1, the agency shall make active efforts, as described in subdivision (f) of Section 224.1, to reunite an Indian child with their family. (6) If reasonable services are not ordered, or are terminated, reasonable efforts shall be made to place the child in a timely manner in accordance with the permanent plan and to complete all steps necessary to finalize the permanent placement of the child. (c) If out-of-home placement is used to attain case plan goals, the case plan shall consider the recommendations of the child and family team. (d) (1) The case plan shall include a description of the type of home or institution in which the child is to be placed, and the reasons for that placement decision. The decision regarding choice of placement shall be based upon selection of a safe setting that is the least restrictive family setting that promotes normal childhood experiences and the most appropriate setting that meets the child’s individual needs and is available, in proximity to the parent’s home, in proximity to the child’s school, and consistent with the selection of the environment best suited to meet the child’s special needs and best interests. The selection shall consider, in order of priority, placement with relatives, nonrelative extended family members, and tribal members; foster family homes, resource families, and approved or certified homes of foster family agencies; followed by intensive services for foster care homes; or multidimensional treatment foster care homes or therapeutic foster care homes; group care placements in the order of short-term residential therapeutic programs, group homes, community treatment facilities, and out-of-state residential treatment pursuant to Part 5 (commencing with Section 7900) of Division 12 of the Family Code. (2) If a short-term residential therapeutic program placement is selected for a child or nonminor dependent, the case plan shall indicate the needs, including the needs as identified by the qualified individual pursuant to subdivision (g) of Section 4096, of the child or nonminor dependent that necessitate this placement, the plan for transitioning the child or nonminor dependent to a less restrictive environment, and the projected timeline by which the child or nonminor dependent will be transitioned to a less restrictive environment, and the plan for aftercare services for at least six months postdischarge to a family-based setting, as required by Section 4096.6. The six months postdischarge requirement is inapplicable to the Medi-Cal component of the aftercare services, which shall be provided for the length of time the child needs specialty mental health services based on medical necessity criteria and other state and federal requirements. This section of the case plan shall be reviewed and updated at least semiannually. (A) The case plan for placements in a group home, or commencing January 1, 2017, in a short-term residential therapeutic program, shall indicate that the county has taken into consideration Section 16010.8. (B) (i) After January 1, 2017, a child and family team meeting as described in Section 16501 shall be convened by the county placing agency for the purpose of identifying the supports and services needed to achieve permanency and enable the child or youth to be placed in the least restrictive family setting that promotes normal childhood experiences. (ii) Child and family teams shall be provided written or electronic information developed by the department describing services and activities, including specialized permanency services, shown to be effective in achieving and sustaining permanency for all children, youth, and nonminor dependents. (C) On and after October 1, 2021, within 30 days of placement in a short-term residential therapeutic program, and, on and after July 1, 2022, within 30 days of placement in a community treatment facility, the case plan shall document all of the following: (i) The reasonable and good faith effort by the social worker to identify and include all required individuals in the child and family team. (ii) All contact information for members of the child and family team, as well as contact information for other relatives and nonrelative extended family members who are not part of the child and family team. (iii) Evidence that meetings of the child and family team, including the meetings related to the determination required under Section 4096, are held at a time and place convenient for the family. (iv) If reunification is the goal, evidence that the parent from whom the child was removed provided input on the members of the child and family team. (v) Evidence that the determination required under subdivision (g) of Section 4096 was conducted in conjunction with the child and family team. (vi) The placement preferences of the child or nonminor dependent and the child and family team relative to the determination and, if the placement preferences of the child or nonminor dependent or the child and family team are not the placement setting recommended by the qualified individual conducting the determination, the reasons why the preferences of the team or the child or nonminor dependent were not recommended. (D) Following the court review pursuant to Section 361.22, the case plan shall document the court’s approval or disapproval of the placement. (E) When the child or nonminor dependent has been placed in a short-term residential therapeutic program or a community treatment facility, as applicable, for more than 12 consecutive months or 18 nonconsecutive months, or, in the case of a child who has not attained 13 years of age, for more than 6 consecutive or nonconsecutive months, the case plan shall include both of the following: (i) Documentation of the information submitted to the court pursuant to subdivision (l) of Section 366.1, subdivision (k) of Section 366.3, or paragraph (4) of subdivision (b) of Section 366.31, as applicable. (ii) Documentation that the deputy director or director of the county child welfare department has approved the continued placement of the child or nonminor dependent in the setting. (F) On and after October 1, 2021, prior to discharge from a short-term residential therapeutic program, and, on and after July 1, 2022, prior to discharge from a community treatment facility, the case plan shall include both of the following: (i) A description of the type of in-home or institution-based services to encourage the safety, stability, and appropriateness of the next placement, including the recommendations of the child and family team, if available. (ii) A plan, developed in collaboration with the short-term residential therapeutic program or community treatment facility, as applicable, for the provision of discharge planning and family-based aftercare support pursuant to Section 4096.6. (3) On or after January 1, 2012, for a nonminor dependent, as defined in subdivision (v) of Section 11400, who is receiving AFDC-FC benefits and who is up to 21 years of age pursuant to Section 11403, in addition to the above requirements, the selection of the placement, including a supervised independent living placement, as described in subdivision (w) of Section 11400, shall also be based upon the developmental needs of young adults by providing opportunities to have incremental responsibilities that prepare a nonminor dependent to transition to successful adulthood. If admission to, or continuation in, a group home or short-term residential therapeutic program placement is being considered for a nonminor dependent, the group home or short-term residential therapeutic program placement approval decision shall include a youth-driven, team-based case planning process, as defined by the department, in consultation with stakeholders. The case plan shall consider the full range of placement options, and shall specify why admission to, or continuation in, a group home or short-term residential therapeutic program placement is the best alternative available at the time to meet the special needs or well-being of the nonminor dependent, and how the placement will contribute to the nonminor dependent’s transition to successful adulthood. The case plan shall specify the treatment strategies that will be used to prepare the nonminor dependent for discharge to a less restrictive family setting that promotes normal childhood experiences, including a target date for discharge from the group home or short-term residential therapeutic program placement. The placement shall be reviewed and updated on a regular, periodic basis to ensure that continuation in the group home or short-term residential therapeutic program placement remains in the best interests of the nonminor dependent and that progress is being made in achieving case plan goals leading to successful adulthood. The group home or short-term residential therapeutic program placement planning process shall begin as soon as it becomes clear to the county welfare department or probation office that a foster child in group home or short-term residential therapeutic program placement is likely to remain in group home or short-term residential therapeutic program placement on their 18th birthday, in order to expedite the transition to a less restrictive family setting that promotes normal childhood experiences, if the child becomes a nonminor dependent. The case planning process shall include informing the youth of all of the options, including, but not limited to, admission to or continuation in a group home or short-term residential therapeutic program placement. (4) Consideration for continuation of existing group home placement for a nonminor dependent under 19 years of age may include the need to stay in the same placement in order to complete high school. After a nonminor dependent either completes high school or attains their 19th birthday, whichever is earlier, continuation in or admission to a group home placement is prohibited unless the nonminor dependent satisfies the conditions of paragraph (5) of subdivision (b) of Section 11403, and group home placement functions as a short-term transition to the appropriate system of care. Treatment services provided by the group home placement to the nonminor dependent to alleviate or ameliorate the medical condition, as described in paragraph (5) of subdivision (b) of Section 11403, shall not constitute the sole basis to disqualify a nonminor dependent from the group home placement. (5) In addition to the requirements of paragraphs (1) to (4), inclusive, and taking into account other statutory considerations regarding placement, the selection of the most appropriate home that will meet the child’s special needs and best interests shall also promote educational stability by taking into consideration proximity to the child’s school of origin, and school attendance area, the number of school transfers the child has previously experienced, and the child’s school matriculation schedule, in addition to other indicators of educational stability that the Legislature hereby encourages the State Department of Social Services and the State Department of Education to develop. (e) A written case plan shall be completed within a maximum of 60 days of the initial removal of the child or of the in-person response required under subdivision (f) of Section 16501 if the child has not been removed from their home, or by the date of the dispositional hearing pursuant to Section 358, whichever occurs first. The case plan shall be updated, as the service needs of the child and family dictate. At a minimum, the case plan shall be updated in conjunction with each status review hearing conducted pursuant to Sections 364, 366, 366.3, and 366.31, and the hearing conducted pursuant to Section 366.26, but no less frequently than once every six months. Each updated case plan shall include a description of the services that have been provided to the child under the plan and an evaluation of the appropriateness and effectiveness of those services. (1) It is the intent of the Legislature that extending the maximum time available for preparing a written case plan from 30 to 60 days will afford caseworkers time to actively engage families, and to solicit and integrate into the case plan the input of the child and the child’s family, as well as the input of relatives and other interested parties. (2) The extension of the maximum time available for preparing a written case plan from 30 to 60 days shall be effective 90 days after the date that the department gives counties written notice that necessary changes have been made to the Child Welfare Services/Case Management System (CWS/CMS) to account for the 60-day timeframe for preparing a written case plan. (f) The child welfare services case plan shall be comprehensive enough to meet the juvenile court dependency proceedings requirements pursuant to Article 6 (commencing with Section 300) of Chapter 2 of Part 1 of Division 2. (g) The case plan shall be developed considering the recommendations of the child and family team, as follows: (1) The case plan shall be based upon an assessment of the circumstances that required child welfare services intervention. The child shall be involved in developing the case plan as age and developmentally appropriate. (2) The case plan shall identify specific goals and the appropriateness of the planned services in meeting those goals. In the case of an Indian child, as defined in subdivision (b) of Section 224.1, the child’s tribe shall be included in the child and family team pursuant to subparagraph (B) of paragraph (4) of subdivision (a) of Section 16501 and shall be consulted in development of the case plan. (3) The case plan shall identify the original allegations of abuse or neglect, as defined in Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the conditions cited as the basis for declaring the child a dependent of the court pursuant to Section 300, or all of these, and the other precipitating incidents that led to child welfare services intervention. (4) The case plan shall include a description of the schedule of the placement agency contacts with the child and the family or other caretakers. The frequency of these contacts shall be in accordance with regulations adopted by the State Department of Social Services. If the child has been placed in foster care out of state, the county social worker or probation officer, or a social worker or probation officer on the staff of the agency in the state in which the child has been placed, shall visit the child in a foster family home or the home of a relative, consistent with federal law and in accordance with the department’s approved state plan. If a child is placed in an out-of-state residential facility, as defined in paragraph (2) of subdivision (b) of Section 7910 of the Family Code, pursuant to Section 361.21 or 727.1, visits shall be conducted at least monthly, pursuant to Section 16516.5. At least once every six months, at the time of a regularly scheduled placement agency contact with the foster child, and at each placement change, the child’s social worker or probation officer shall inform the child, the care provider, and the child and family team, if applicable, of the child’s rights as a foster child, as specified in Section 16001.9, and shall provide a written copy of the rights to the child as part of the explanation. The social worker or probation officer shall provide the information to the child in a manner appropriate to the age or developmental level of the child. The social worker or probation officer shall document in the case plan that they have informed the child of, and have provided the child with a written copy of, the child’s rights. (5) (A) When out-of-home services are used, the frequency of contact between the natural parents or legal guardians and the child shall be specified in the case plan. The frequency of those contacts shall reflect overall case goals, and consider other principles outlined in this section. (B) Information regarding any court-ordered visitation between the child and the natural parents or legal guardians, and the terms and conditions needed to facilitate the visits while protecting the safety of the child, shall be provided to the child’s out-of-home caregiver as soon as possible after the court order is made. (6) When out-of-home placement is made, the case plan shall include provisions for the development and maintenance of sibling relationships as specified in subdivisions (b), (c), and (d) of Section 16002. If appropriate, when siblings who are dependents of the juvenile court are not placed together, the social worker for each child, if different, shall communicate with each of the other social workers and ensure that the child’s siblings are informed of significant life events that occur within their extended family. Unless it has been determined that it is inappropriate in a particular case to keep siblings informed of significant life events that occur within the extended family, the social worker shall determine the appropriate means and setting for disclosure of this information to the child commensurate with the child’s age and emotional well-being. These significant life events shall include, but shall not be limited to, the following: (A) The death of an immediate relative. (B) The birth of a sibling. (C) Significant changes regarding a dependent child, unless the child objects to the sharing of the information with their siblings, including changes in placement, major medical or mental health diagnoses, treatments, or hospitalizations, arrests, and changes in the permanent plan. (7) If out-of-home placement is made in a foster family home, resource family home, group home, or other childcare institution that is either a substantial distance from the home of the child’s parent or out of state, the case plan shall specify the reasons why that placement is in the best interest of the child. When an out-of-state residential facility placement is recommended or made, the case plan shall, in addition, specify compliance with Section 16010.9 of this code and Section 7911.1 of the Family Code. (8) A case plan shall ensure the educational stability of the child while in foster care and shall include both of the following: (A) An assurance that the placement takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement. (B) An assurance that the placement agency has coordinated with the person holding the right to make educational decisions for the child and appropriate local educational agencies to ensure that the child remains in the school in which the child is enrolled at the time of placement or, if remaining in that school is not in the best interests of the child, assurances by the placement agency and the local educational agency to provide immediate and appropriate enrollment in a new school and to provide all of the child’s educational records to the new school. (9) (A) If out-of-home services are used, or if parental rights have been terminated and the case plan is placement for adoption, the case plan shall include a recommendation regarding the appropriateness of unsupervised visitation between the child and any of the child’s siblings. This recommendation shall include a statement regarding the child’s and the siblings’ willingness to participate in unsupervised visitation. If the case plan includes a recommendation for unsupervised sibling visitation, the plan shall also note that information necessary to accomplish this visitation has been provided to the child or to the child’s siblings. (B) Information regarding the schedule and frequency of the visits between the child and siblings, as well as any court-ordered terms and conditions needed to facilitate the visits while protecting the safety of the child, shall be provided to the child’s out-of-home caregiver as soon as possible after the court order is made. (10) If out-of-home services are used and the goal is reunification, the case plan shall describe the services to be provided to assist in reunification and the services to be provided concurrently to achieve legal permanency if efforts to reunify fail. The plan shall also consider in-state and out-of-state placements, the importance of developing and maintaining sibling relationships pursuant to Section 16002, and the desire and willingness of the caregiver to provide legal permanency for the child if reunification is unsuccessful. (11) If out-of-home services are used, the child has been in care for at least 12 months, and the goal is not adoptive placement, the case plan shall include documentation of the compelling reason or reasons why termination of parental rights is not in the child’s best interest. A determination completed or updated within the past 12 months by the department when it is acting as an adoption agency or by a licensed adoption agency that it is unlikely that the child will be adopted, or that one of the conditions described in paragraph (1) of subdivision (c) of Section 366.26 applies, shall be deemed a compelling reason. (12) (A) Parents and legal guardians shall have an opportunity to review the case plan, and to sign it whenever possible, and then shall receive a copy of the plan. In a voluntary service or placement agreement, the parents or legal guardians shall be required to review and sign the case plan. Whenever possible, parents and legal guardians shall participate in the development of the case plan. Commencing January 1, 2012, for nonminor dependents, as defined in subdivision (v) of Section 11400, who are receiving AFDC-FC or CalWORKs assistance and who are up to 21 years of age pursuant to Section 11403, the transitional independent living case plan, as set forth in subdivision (y) of Section 11400, shall be developed with, and signed by, the nonminor. (B) Parents and legal guardians shall be advised that, pursuant to Section 1228.1 of the Evidence Code, neither their signature on the child welfare services case plan nor their acceptance of any services prescribed in the child welfare services case plan shall constitute an admission of guilt or be used as evidence against the parent or legal guardian in a court of law. However, they shall also be advised that the parent’s or guardian’s failure to cooperate, except for good cause, in the provision of services specified in the child welfare services case plan may be used in any hearing held pursuant to Section 366.21, 366.22, or 366.25 of this code as evidence. (13) (A) A child shall be given a meaningful opportunity to participate in the development of the case plan and state their preference for foster care placement. A child who is 12 years of age or older and in a permanent placement shall also be given the opportunity to review the case plan, sign the case plan, and receive a copy of the case plan. (B) For a child who receives a copy of the case plan pursuant to subparagraph (A) and who speaks a primary language other than English, the case plan shall be translated and provided to the child in their primary language. (14) The case plan shall be included in the court report, and shall be considered by the court at the initial hearing and each review hearing. Modifications to the case plan made during the period between review hearings need not be approved by the court if the casework supervisor for that case determines that the modifications further the goals of the plan. If out-of-home services are used with the goal of family reunification, the case plan shall consider and describe the application of subdivision (b) of Section 11203. (15) (A) If the case plan has as its goal for the child a permanent plan of adoption, legal guardianship, or another planned permanent living arrangement, it shall include a statement of the child’s wishes regarding their permanent placement plan and an assessment of those stated wishes. The agency shall also include documentation of the steps the agency is taking to find an adoptive family or other permanent living arrangements for the child; to place the child with an adoptive family, an appropriate and willing relative, or a legal guardian, and to finalize the adoption or legal guardianship. At a minimum, the documentation shall include child-specific recruitment efforts, such as the use of state, regional, and national adoption exchanges, including electronic exchange systems, when the child has been freed for adoption. Regardless of whether the child has been freed for adoption, documentation shall include a description of any barriers to achieving legal permanence and the steps the agency will take to address those barriers. If a child has been in care for three years or more, the documentation shall include a description of the specialized permanency services used or, if specialized permanency services have not been used, a statement explaining why the agency chose not to provide these services. If the plan is for kinship guardianship, the case plan shall document how the child meets the kinship guardianship eligibility requirements. (B) Specific elements of specialized permanency services may be included in the case plan as needed to meet the permanency needs of the individual child or nonminor dependent. (C) When the child is 16 years of age or older and is in another planned permanent living arrangement, the case plan shall identify the intensive and ongoing efforts to return the child to the home of the parent, place the child for adoption, place the child for tribal customary adoption in the case of an Indian child, establish a legal guardianship, or place the child nonminor dependent with a fit and willing relative, as appropriate. Efforts shall include the use of technology, including social media, to find biological family members of the child. (16) (A) (i) For a child who is 14 or 15 years of age, the case plan shall include a written description of the programs and services that will help the child, consistent with the child’s best interests, to prepare for the transition from foster care to successful adulthood. The description may be included in the document described in subparagraph (A) of paragraph (18). (ii) When appropriate, for a child who is 16 years of age or older and, commencing January 1, 2012, for a nonminor dependent, the case plan shall include the transitional independent living plan (TILP), a written description of the programs and services that will help the child, consistent with the child’s best interests, to prepare for the transition from foster care to successful adulthood, and, in addition, whether the youth has an in-progress application pending for Title XVI Supplemental Security Income benefits or for special immigrant juvenile status or other applicable application for legal residency and an active dependency case is required for that application. For a child who speaks a primary language other than English, the TILP shall be translated into their primary language. When appropriate, for a nonminor dependent, the transitional independent living case plan, as described in subdivision (y) of Section 11400, shall include the TILP, a written description of the programs and services that will help the nonminor dependent, consistent with their best interests, to prepare for transition from foster care and assist the youth in meeting the eligibility criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403. If applicable, the case plan shall describe the individualized supervision provided in the supervised independent living placement as defined in subdivision (w) of Section 11400. The case plan shall be developed with the child or nonminor dependent and individuals identified as important to the child or nonminor dependent, and shall include steps the agency is taking to ensure that the child or nonminor dependent achieves permanence, including maintaining or obtaining permanent connections to caring and committed adults. (B) During the 90-day period prior to the participant attaining 18 years of age or older as the state may elect under Section 475(8)(B)(iii) of the federal Social Security Act (42 U.S.C. Sec. 675(8)(B)(iii)), whether during that period foster care maintenance payments are being made on the child’s behalf or the child is receiving benefits or services under Section 477 of the federal Social Security Act (42 U.S.C. Sec. 677), a caseworker or other appropriate agency staff or probation officer and other representatives of the participant, as appropriate, shall provide the youth or nonminor dependent with assistance and support in developing the written 90-day transition plan, that is personalized at the direction of the child, information as detailed as the participant elects that shall include, but not be limited to, options regarding housing, health insurance, education, local opportunities for mentors and continuing support services, and workforce supports and employment services, a power of attorney for health care, and information regarding the advance health care directive form. Information provided regarding health insurance options shall include verification that the eligible youth or nonminor dependent is enrolled in Medi-Cal and a description of the steps that have been or will be taken by the youth’s social worker or probation officer to ensure that the eligible youth or nonminor dependent is transitioned into the Medi-Cal program for former foster youth upon case closure with no interruption in coverage and with no new application being required, as provided in Section 14005.28. (C) For youth 14 years of age or older, the case plan shall include documentation that a consumer credit report was requested annually from each of the three major credit reporting agencies at no charge to the youth and that any results were provided to the youth. For nonminor dependents, the case plan shall include documentation that the county assisted the nonminor dependent in obtaining their reports. The case plan shall include documentation of barriers, if any, to obtaining the credit reports. If the consumer credit report reveals any accounts, the case plan shall detail how the county ensured the youth received assistance with interpreting the credit report and resolving any inaccuracies, including any referrals made for the assistance. (17) For youth 14 years of age or older and nonminor dependents, the case plan shall be developed in consultation with the youth. At the youth’s option, the consultation may include up to two members of the case planning team who are chosen by the youth and who are not foster parents of, or caseworkers for, the youth. The agency, at any time, may reject an individual selected by the youth to be a member of the case planning team if the agency has good cause to believe that the individual would not act in the youth’s best interest. One individual selected by the youth to be a member of the case planning team may be designated to be the youth’s adviser and advocate with respect to the application of the reasonable and prudent parent standard to the youth, as necessary. (18) For youth in foster care 14 years of age or older and nonminor dependents, the case plan shall include both of the following: (A) A document that describes the youth’s rights with respect to education, health, visitation, and court participation, the right to be annually provided with copies of their credit reports at no cost while in foster care pursuant to Section 10618.6, and the right to stay safe and avoid exploitation. (B) A signed acknowledgment by the youth that they have been provided a copy of the document and that the rights described in the document have been explained to the youth in an age-appropriate manner. (19) The case plan for a child or nonminor dependent who is, or who is at risk of becoming, the victim of commercial sexual exploitation, shall document the services provided to address that issue. (20) For a youth in foster care 10 years of age or older who is in junior high, middle, or high school, or a nonminor dependent enrolled in high school, the case plan shall be reviewed annually, and updated as needed, to indicate that the case management worker has verified that the youth or nonminor dependent received comprehensive sexual health education that meets the requirements established in Chapter 5.6 (commencing with Section 51930) of Part 28 of Division 4 of Title 2 of the Education Code, through the school system. The case plan shall document either of the following: (A) For a youth in junior high or middle school, either that the youth has already received this instruction during junior high or middle school, or how the county will ensure that the youth receives the instruction at least once before completing junior high or middle school if the youth remains under the jurisdiction of the dependency court during this timeframe. (B) For a youth or nonminor dependent in high school, either that the youth or nonminor dependent already received this instruction during high school, or how the county will ensure that the youth or nonminor dependent receives the instruction at least once before completing high school if the youth or nonminor dependent remains under the jurisdiction of the dependency court during this timeframe. (21) (A) For a youth in foster care 10 years of age or older or a nonminor dependent, the case plan shall be updated annually to indicate that the case management worker has done all of the following: (i) Informed the youth or nonminor dependent that they may access age-appropriate, medically accurate information about reproductive and sexual health care, including, but not limited to, unplanned pregnancy prevention, abstinence, use of birth control, abortion, and the prevention and treatment of sexually transmitted infections. (ii) Informed the youth or nonminor dependent, in an age- and developmentally appropriate manner, of their right to consent to sexual and reproductive health care services and their confidentiality rights regarding those services. (iii) Informed the youth or nonminor dependent how to access reproductive and sexual health care services and facilitated access to that care, including by assisting with any identified barriers to care, as needed. (B) This paragraph shall not be construed to affect any applicable confidentiality law. (22) For a child who is 16 years of age or older and for a nonminor dependent, the case plan shall identify the person or persons, who may include the child’s high school counselor, Court-Appointed Special Advocate, guardian, or other adult, who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, unless the child or nonminor dependent states that they do not want to pursue postsecondary education, including career or technical education. If, at any point in the future, the child or nonminor dependent expresses that they wish to pursue postsecondary education, the case plan shall be updated to identify an adult individual responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid. (23) On and after the date required by paragraph (9) of subdivision (h) of Section 11461, the case plan shall include all of the following: (A) The child’s or nonminor dependent’s tier, as determined by the IP-CANS assessment for purposes of the Tiered Rate Structure pursuant to subdivision (h) of Section 11461. (B) If applicable, the plan to meet the child or nonminor dependent’s immediate needs, as defined in paragraph (2) of subdivision (c) of Section 16562, using funding made available for that purpose. (C) The strengths building activities that the child or nonminor dependent is engaged in, or desires to be engaged in, as defined in Section 16565, for a child or nonminor dependent eligible for the Strengths Building Child and Family Determination Program established in Section 16565 and the spending plan report, as provided by the spending plan manager. (h) If the court finds, after considering the case plan, that unsupervised sibling visitation is appropriate and has been consented to, the court shall order that the child or the child’s siblings, the child’s current caregiver, and the child’s prospective adoptive parents, if applicable, be provided with information necessary to accomplish this visitation. This section does not require or prohibit the social worker’s facilitation, transportation, or supervision of visits between the child and their siblings. (i) The case plan documentation on sibling placements required under this section shall not require modification of existing case plan forms until the Child Welfare Services/Case Management System (CWS/CMS) is implemented on a statewide basis. (j) When a child is 10 years of age or older and has been in out-of-home placement for six months or longer, the case plan shall include an identification of individuals, other than the child’s siblings, who are important to the child and actions necessary to maintain the child’s relationships with those individuals, provided that those relationships are in the best interest of the child. The social worker or probation officer shall ask every child who is 10 years of age or older and who has been in out-of-home placement for six months or longer to identify individuals other than the child’s siblings who are important to the child, and may ask any other child to provide that information, or may seek that information from the child and family team, as appropriate. The social worker or probation officer shall make efforts to identify other individuals who are important to the child, consistent with the child’s best interests. (k) The child’s caregiver shall be provided a copy of a plan outlining the child’s needs and services. The nonminor dependent’s caregiver shall be provided with a copy of the nonminor’s TILP. (l) Each county shall ensure that the total number of visits made by caseworkers on a monthly basis to children in foster care during a federal fiscal year is not less than 95 percent of the total number of those visits that would occur if each child were visited once every month while in care and that the majority of the visits occur in the residence of the child. The county child welfare and probation departments shall comply with data reporting requirements that the department deems necessary to comply with the federal Child and Family Services Improvement Act of 2006 (Public Law 109-288) and the federal Child and Family Services Improvement and Innovation Act (Public Law 112-34). (m) The implementation and operation of the amendments to subdivision (i) enacted at the 2005–06 Regular Session shall be subject to appropriation through the budget process and by phase, as provided in Section 366.35. (Amended by Stats. 2024, Ch. 656, Sec. 32. (AB 81) Effective September 27, 2024.)
  170. 16501.15.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. )

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    For Section 16501.1(b) and (c), a “safe” home or setting means one that is free from abuse or neglect.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## 16501.15. As used in subdivisions (b) and (c) of Section 16501.1, a home or setting that is “safe” means that the home or setting is free from abuse or neglect, as described in Section 11165.5 of the Penal Code. (Added by Stats. 2003, Ch. 847, Sec. 6. Effective January 1, 2004.)
  171. 16501.16.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. )

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    A case plan must include a health and education summary, certain educational-decision information, and an assurance that the placement agency gave the summary to the caregiver and explained related rights and responsibilities.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## 16501.16. In addition to the assurances required to be included in a case plan pursuant to paragraph (8) of subdivision (g) of Section 16501.1, a case plan shall include all of the following: (a) (1) The health and education summary as required under Section 16010, including the name and contact information of the person or persons currently holding the right to make educational decisions for the child. (2) In instances where it is determined that disclosure pursuant to paragraph (1) of the contact information of the person or persons currently holding the right to make educational decisions for the child poses a threat to the health and safety of that individual or those individuals, that contact information shall be redacted or withheld from the evaluation. (b) The same factual discussion regarding educational decisions required in the study under subdivision (e) of Section 358.1. (c) An assurance that the placement agency provided the health and education summary to the current caregiver, explained to the caregiver his or her rights and responsibilities under Sections 49069.3 and 56055 of the Education Code and Section 16010 of this code, and assisted any caregiver in obtaining the information needed for the health and education summary to comply with Section 16010. (Added by Stats. 2017, Ch. 829, Sec. 11. (SB 233) Effective January 1, 2018.)
  172. 16501.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. )

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    The department must issue child welfare assessment guidelines, run and evaluate a pilot project, report to the Legislature, and later build training into regional academies.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## 16501.2. (a) The Legislature finds and declares all of the following: (1) Safety, stability, and the permanence of families in the child welfare system are of paramount importance. (2) Ongoing assessments that build on the strength of the child and family unit, and that identify desired outcomes, are critical in the development of appropriate case plans for children. (3) If it is necessary to place a child in out-of-home care, the use of a formal child and family assessment can enhance the appropriateness of placement and the identification and delivery of services necessary to meet the child’s needs and strengths, consistent with case plan goals. (b) On or before December 31, 1998, the department shall issue to all county placing agencies and the courts, current best practice guidelines for the assessment of a child and the child’s family unit. The guidelines shall include recommended methods for gathering certain background information on the child and the child’s family unit, identifying appropriate services for the case plan, and methods of monitoring and reassessing the case plan to best meet case plan goals. For children placed in group homes or foster family agencies, the guidelines shall include methods for identifying appropriate placement options, and monitoring the services provided by the group home or foster family agency to best address the strengths and needs of the child and the child’s family unit. (c) (1) The department shall conduct a pilot project to test the effectiveness of utilizing best practice standards for the assessment of children and families receiving child welfare and foster care services, for the purpose of identifying the strengths and needs of the family and the child, developing and monitoring appropriate case plans, and determining appropriate services. (2) The pilot project shall meet all of the following conditions: (A) On or before July 1, 1999, the department shall solicit participation in the pilot project by counties, and, to the extent possible, provide for broad geographical representation. On or before September 1, 1999, the department shall select pilot counties and begin operation of the pilot project. (B) The pilot project shall use an assessment protocol or process developed by the department in collaboration with county agencies and other stakeholders. (C) The pilot project shall be evaluated independently to judge the effectiveness of the assessment protocol or instrument, including whether the assessment provides adequate background data on the child and the child’s family unit, improves achievement of case plan goals, is judged useful to the counties and service providers, and can be applied with ease. (D) For children placed in group homes or foster family agencies, the assessment protocol or process developed pursuant to subparagraph (B) shall identify the strengths and needs of the child to be met by the placement program and methods for monitoring the delivery of services by the placement agencies. (E) The assessment shall be sensitive to the ethnic and linguistic background of the children and families being assessed, and shall include, but not be limited to, the child’s age, previous placement history, specific indicators, including living situation, social situation, medical situation, educational situation, vocational situation, emotional situation, behavioral situation, and legal, cultural, and religious history, and areas and activities of interest. (d) In collaboration with county agencies and other stakeholders, and based on the results of the pilot project described in this section, the department shall develop a formal assessment process for children receiving foster care and child welfare services. On or before May 1, 2001, the department shall inform the Legislature on the status of the pilot project described in this section, and the proposed assessment protocol or process with recommendations for its implementation, including incorporation of the assessment process into the child welfare services case management system. (e) Upon satisfactory completion of the pilot project described in this section, and development of a formal assessment instrument or process, the department, in collaboration with representatives of county placing agencies, training academies, and the California Social Work Education Center, shall integrate training and technical assistance on the family assessment guidelines into the curriculum of the regional training academies. (Added by Stats. 1998, Ch. 311, Sec. 68. Effective August 19, 1998.)
  173. 16501.25.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. )

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    When a teen parent and the child are in the listed custody situations, they must have a written shared responsibility plan.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## 16501.25. (a) For the purposes of this section, “teen parent” means a child who has been adjudged to be a dependent child or ward of the court on the grounds that he or she is a person described under Section 300 or 602, or a ward of a nonrelated legal guardian whose guardianship was established pursuant to Section 360 or 366.26, living in out-of-home placement in a whole family foster home, as defined in subdivision (u) of Section 11400, who is a parent. Commencing January 1, 2012, “teen parent” also means a nonminor dependent, as defined in subdivision (v) of Section 11400, who is living in a whole family foster home, as defined in subdivision (t) of Section 11400, and is eligible for AFDC-FC or Kin-GAP payments pursuant to Section 11403. (b) (1) When the child of a teen parent is not subject to the jurisdiction of the dependency court but is in the full or partial physical custody of the teen parent, a written shared responsibility plan shall be developed. The plan shall be developed between the teen parent, caregiver, and a representative of the county child welfare agency or probation department, and in the case of a certified family home or resource family of a foster family agency, a representative of the agency providing direct and immediate supervision to the caregiver. Additional input may be provided by any individuals identified by the teen parent, the other parent of the child, if appropriate, and other extended family members. The plan shall be developed as soon as is practicably possible. However, if one or more of the above stakeholders are not available to participate in the creation of the plan within the first 30 days of the teen parent’s placement, the teen parent and caregiver may enter into a plan for the purposes of fulfilling the requirements of subparagraph (A) of paragraph (3) of subdivision (d) of Section 11465, which may be modified at a later time when the other individuals become available. (2) The plan shall be designed to preserve and strengthen the teen parent family unit, as described in Section 16002.5, to assist the teen parent in meeting the goals outlined in Section 16002.5, to facilitate a supportive home environment for the teen parent and the child, and to ultimately enable the teen parent to independently provide a safe, stable, and permanent home for the child. The plan shall in no way limit the teen parent’s legal right to make decisions regarding the care, custody, and control of the child. (3) The plan shall be written for the express purpose of aiding the teen parent and the caregiver to reach agreements aimed at reducing conflict and misunderstandings. The plan shall outline, with as much specificity as is practicable, the duties, rights, and responsibilities of both the teen parent and the caregiver with regard to the child, and identify supportive services to be offered to the teen parent by the caregiver or, in the case of a certified family home or resource family of a foster family agency, the agency providing direct and immediate supervision to the caregiver, or both. The plan shall be updated, as needed, to account for the changing needs of infants and toddlers, and in accordance with the teen parent’s changing school, employment, or other outside responsibilities. The plan shall not conflict with the teen parent’s case plan. Areas to be addressed by the plan include, but are not limited to, all of the following: (A) Feeding. (B) Clothing. (C) Hygiene. (D) Purchase of necessary items, including, but not limited to, safety items, food, clothing, and developmentally appropriate toys and books. This includes both one-time purchases and items needed on an ongoing basis. (E) Health care. (F) Transportation to health care appointments, child care, and school, as appropriate. (G) Provision of child care and babysitting. (H) Discipline. (I) Sleeping arrangements. (J) Visits among the child, his or her noncustodial parent, and other appropriate family members, including the responsibilities of the teen parent, the caregiver, and the foster family agency, as appropriate, for facilitating the visitation. The shared responsibility plan shall not conflict with the teen parent’s case plan and any visitation orders made by the court. (c) Upon completion of the shared responsibility plan and any subsequent updates to the plan, a copy shall be provided to the teen parent and his or her attorney, the caregiver, the county child welfare agency or probation department, and, in the case of a certified family home or resource family of a foster family agency, the agency providing direct and immediate supervision to the caregiver. (d) The shared responsibility plan requirements shall no longer apply when the two hundred-dollar ($200) monthly payment is made under the Kin-GAP program pursuant to Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 to a former whole family foster home pursuant to subdivision (a) of Section 11465. (Amended by Stats. 2017, Ch. 732, Sec. 99. (AB 404) Effective January 1, 2018.)
  174. 16501.26.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. )

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    This section defines “nonminor dependent parent” and allows a parenting support plan for certain parents, with required contents, update rules, and copy-sharing rules.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## 16501.26. (a) For the purposes of this section, “nonminor dependent parent” means a nonminor dependent as described in subdivision (v) of Section 11400, residing in a supervised independent living placement as defined in subdivision (w) of Section 11400, who is a parent. (b) When the child of a nonminor dependent parent is not subject to the jurisdiction of the dependency court, but is in the full or partial custody of the nonminor dependent, a written parenting support plan may be developed between the nonminor dependent parent and an identified responsible adult who has agreed to act as a parenting mentor to the nonminor dependent parent. The plan, if developed, shall be developed between the nonminor dependent parent, the identified responsible adult, and a representative of the county child welfare agency or probation department. Additional input may be provided by any individuals identified by the nonminor dependent parent, the other parent of the child, if appropriate, and other extended family members. The plan shall be developed as soon as is practicably possible. However, if one or more of the above stakeholders are not available to participate in the creation of the plan within the first 30 days of the nonminor dependent parent’s request to enter into the plan, the nonminor dependent parent and the identified responsible adult may enter into a plan for the purposes of fulfilling the requirements of subparagraph (B) of paragraph (3) of subdivision (d) of Section 11465, which may be modified at a later time when the other individuals become available. (1) The plan shall be designed to preserve and strengthen the nonminor dependent parent family unit, as described in Section 16002.5, to assist the nonminor dependent parent in meeting the goals outlined in Section 16002.5, to assist the nonminor dependent parent in maintaining a safe, stable, and permanent home for the child, and to support the nonminor dependent parent’s educational and employment goals. The plan shall in no way limit the nonminor dependent parent’s legal right to make decisions regarding the care, custody, and control of the child. (2) The plan shall be written for the express purpose of identifying additional support and assisting the nonminor dependent parent in providing the best care plan for his or her child. The plan shall outline, with as much specificity as is practicable, the ways in which the identified responsible adult will assist the nonminor dependent parent with regard to the child, and identify supportive services to be offered to the nonminor dependent parent by the identified responsible adult. The plan shall be updated, as needed, to account for the changing needs of infants and toddlers, and in accordance with the nonminor dependent parent’s changing school, employment, or other outside responsibilities. The plan shall not conflict with the nonminor dependent parent’s transitional independent living case plan or any visitation orders made by the court. Areas to be addressed by the plan may include, but are not limited to, all of the following: (A) Transportation to health care appointments, child care, and school, as appropriate. (B) Providing child care and babysitting. (c) Upon completion of the parenting support plan and any subsequent updates to the plan, a copy shall be provided to the nonminor dependent parent and his or her attorney, the identified responsible adult, and the county child welfare agency or probation department. (d) This section shall become operative on July 1, 2015. (Added by Stats. 2014, Ch. 770, Sec. 3. (AB 2668) Effective January 1, 2015. Section operative July 1, 2015, by its own provisions.)
  175. 16501.27.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. )

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    A person seeking to become an identified responsible adult for a nonminor dependent parent must meet specified criteria, including age 21+, required checks, and minimum criteria under another section.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## 16501.27. (a) For purposes of Section 16501.26, a person who wishes to become an identified responsible adult to a nonminor dependent parent shall comply with all of the following requirements: (1) Meet the minimum criteria established pursuant to Section 16501.28. (2) Be at least 21 years of age. (3) Undergo a criminal records check in accordance with Section 1522 of the Health and Safety Code. (4) Undergo a Child Abuse Central Index check pursuant to Section 11170 of the Penal Code. (b) An identification card from a foreign consulate or foreign passport shall be considered a valid form of identification for purposes of conducting a criminal records check and fingerprint clearance check pursuant to subdivision (a). (c) This section shall become operative on July 1, 2015. (Added by Stats. 2014, Ch. 770, Sec. 4. (AB 2668) Effective January 1, 2015. Section operative July 1, 2015, by its own provisions.)
  176. 16501.28.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. )

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    The department must convene a working group by February 1, 2015, and the working group must issue an all-county letter to all counties by June 30, 2015.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## 16501.28. 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 shall convene a working group no later than February 1, 2015, that includes representatives of the County Welfare Directors Association and child welfare advocates to develop an all-county letter that specifies the minimum criteria a person must meet in order to serve as an identified responsible adult to a nonminor dependent parent. The working group shall issue the letter to all counties by June 30, 2015. (Added by Stats. 2014, Ch. 770, Sec. 5. (AB 2668) Effective January 1, 2015.)
  177. 16501.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. )

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    This section requires state and county child welfare agencies to run and use foster care public health nursing services, and it gives those nurses specific care-coordination duties.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## 16501.3. (a) The State Department of Social Services shall establish and maintain a program of public health nursing in the child welfare services program that meets the federal requirements for the provision of health care to minor and nonminor dependents in foster care consistent with Section 30026.5 of the Government Code. The purpose of the public health nursing program shall be to promote and enhance the physical, mental, dental, and developmental well-being of children in the child welfare system. (b) Under this program, counties shall use the services of a foster care public health nurse. The foster care public health nurse shall work with the appropriate child welfare services workers to coordinate health care services and serve as a liaison with health care professionals and other providers of health-related services. This shall include coordination with county mental health plans and local health jurisdictions, as appropriate. In order to fulfill these duties, the foster care public health nurse shall have access to the child’s medical, dental, and mental health care information, in a manner that is consistent with all relevant privacy requirements. (c) The duties of a foster care public health nurse shall include, but need not be limited to, the following: (1) Documenting that each child in foster care receives initial and followup health screenings that meet reasonable standards of medical practice. (2) Collecting health information and other relevant data on each foster child as available, receiving all collected information to determine appropriate referral and services, and expediting referrals to providers in the community for early intervention services, specialty services, dental care, mental health services, and other health-related services necessary for the child. (3) Participating in medical care planning and coordinating for the child. This may include, but is not limited to, assisting case workers in arranging for comprehensive health and mental health assessments, interpreting the results of health assessments or evaluations for the purpose of case planning and coordination, facilitating the acquisition of any necessary court authorizations for procedures or medications, monitoring and oversight of psychotropic medications, advocating for the health care needs of the child, and ensuring the creation of linkage among various providers of care. (4) Providing followup contact to assess the child’s progress in meeting treatment goals. (5) At the request of and under the direction of a nonminor dependent, as described in subdivision (v) of Section 11400, assisting the nonminor dependent in accessing physical health and mental health care, coordinating the delivery of health and mental health care services, advocating for the health and mental health care that meets the needs of the nonminor dependent, assisting the nonminor dependent to make informed decisions about the nonminor dependent’s health care by, at a minimum, providing educational materials, and assisting the nonminor dependent to assume responsibility for their ongoing physical and mental health care management. (d) (1) The services provided by foster care public health nurses under this section shall be limited to those for which reimbursement may be claimed under Title XIX of the federal Social Security Act at an enhanced rate for services delivered by skilled professional medical personnel. Notwithstanding any other law, this section shall be implemented only if, and to the extent that, the State Department of Health Care Services determines that federal financial participation, as provided under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.), is available. (2) The department, the State Department of Health Care Services, counties, and cities, as applicable, shall maximize the use of federal funds in implementing this section, including using permissible state or local funds to match funds claimable under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.) for allowable expenditures made pursuant to this section. (e) (1) The State Department of Health Care Services shall seek any necessary federal approvals for child welfare agencies to appropriately claim enhanced federal Title XIX funds for services provided pursuant to this section. (2) Commencing in the fiscal year immediately following the fiscal year in which the necessary federal approval pursuant to paragraph (1) is secured, county child welfare agencies shall provide health care oversight and coordination services pursuant to this section, and may accomplish this through agreements with local public health agencies. (f) The State Department of Health Care Services may, at its discretion, enter into contracts, or amend existing contracts, with a California county, city, or city and county to facilitate local administration of the program described in this section. Notwithstanding any other law, contracts entered into or amended pursuant to this subdivision are exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and the State Administrative Manual, and are exempt from the review or approval of any division of the Department of General Services. (g) (1) Notwithstanding Section 10101, prior to the 2011–12 fiscal year, there shall be no required county match of the nonfederal cost of this program. (2) Commencing in the 2011–12 fiscal year, and each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code. (h) A city that operates an independent health agency may elect to administer the program described in this section with the approval of the State Department of Health Care Services. In this instance, the powers granted a governing body of a county shall be vested in the governing body of the city. (i) Public health nurses shall receive training developed pursuant to subdivision (d) of Section 16501.4. (Amended by Stats. 2022, Ch. 47, Sec. 143. (SB 184) Effective June 30, 2022.)
  178. 16501.35.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. )

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    County child welfare agencies and probation departments must adopt policies for identifying and serving children at risk of commercial sexual exploitation, and for locating children missing from foster care.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## 16501.35. (a) County child welfare agencies and probation departments shall implement policies and procedures that require social workers and probation officers to do all of the following: (1) Identify children receiving child welfare services, including dependents or wards in foster care, nonminor dependents, and youth receiving services pursuant to Section 677 of Title 42 of the United States Code, who are, or are at risk of becoming, victims of commercial sexual exploitation. (2) Document individuals identified pursuant to paragraph (1) in the statewide child welfare information system and any other agency record as determined by the county. (3) Determine appropriate services for the child or youth identified pursuant to paragraph (1). (4) Receive relevant training in the identification, documentation, and determination of appropriate services for any child or youth identified in paragraph (1). (b) County child welfare agencies and probation departments shall develop and implement specific protocols to expeditiously locate any child or nonminor dependent missing from foster care. At a minimum, these policies shall do all of the following: (1) Describe the efforts used by county child welfare or probation staff to expeditiously locate any child or nonminor dependent missing from foster care, including, but not limited to, the timeframe for reporting missing youth, the individuals or entities entitled to notice that a youth is missing, any required initial and ongoing efforts to locate youth, and plans to return youth to placement. (2) Require the social worker or probation officer to do all of the following: (A) Determine the primary factors that contributed to the child or nonminor dependent running away or otherwise being absent from care. (B) Respond to factors identified in subparagraph (A) in subsequent placements, to the extent possible. (C) Determine the child’s or nonminor dependent’s experiences while absent from care. (D) Determine whether the child or nonminor dependent is a possible victim of commercial sexual exploitation. (E) Document the activities and information described in subparagraphs (A) to (D), inclusive, for federal reporting purposes, consistent with instructions from the department. (F) Provide notice immediately, but in no case later than 24 hours from receipt of information that the child or nonminor dependent is missing from foster care, to all of the following parties: (i) The child’s or nonminor dependent’s parents or Indian custodians, unless parental notification has been limited or terminated by the court. (ii) The child’s or nonminor dependent’s legal guardians, unless guardian notification has been limited or terminated by the court. (iii) The attorneys for the parents, legal guardians, or Indian custodians unless notification of the parents, guardians, or Indian custodians has been limited or terminated by the court. (iv) The child’s or nonminor dependent’s attorney appointed pursuant to subdivision (c) of Section 317, or Section 634. (v) The child’s or nonminor dependent’s Court-Appointed Special Advocate, if one has been appointed. (vi) The court of jurisdiction. (vii) The child’s or nonminor dependent’s tribe or tribal representative, if the child or nonminor dependent is, or may be, an Indian child, as defined in Section 224.1. (viii) Any known sibling of the child or nonminor dependent who is 10 years of age or older and adjudged to be a dependent child of the juvenile court, if such notice would not be contrary to the safety and well-being of that sibling. Notice to siblings shall be provided in a trauma-informed manner. (ix) The local law enforcement agency, including, if applicable, any tribal law enforcement agency for the child’s tribe in the case of an Indian child, as defined in Section 224.1. (G) Notices issued pursuant to subparagraph (F) shall include contact information for an appropriate social worker or probation officer within the agency issuing the notice. (c) (1) For purposes of this section, “missing from foster care” means when the whereabouts of a child subject to an order of foster care placement are unknown to the county child welfare agency or probation department, or when the county child welfare agency or probation department has located a child subject to an order of foster care placement in a location not approved by the court that may pose a risk to the child, taking into account the age, intelligence, mental functioning, and physical condition of the child. (2) Paragraph (1) shall only apply to a nonminor dependent if, based on the totality of the circumstances, the county child welfare agency or probation department suspects that the nonminor dependent did not voluntarily leave foster care or is at risk of substantial harm. (d) In consultation with stakeholders, including, but not limited to, the County Welfare Directors Association of California, the Chief Probation Officers of California, former foster youth, and child advocacy organizations, the department shall, no later than January 1, 2020, develop model policies, procedures, and protocols to assist the counties to comply with this section. In addition, the department shall consult with the State Department of Education, the State Department of Health Care Services, state and local law enforcement, and agencies with experience serving children and youth at risk of commercial sexual exploitation in the development of the model policies and procedures described in subdivision (a). (e) Notwithstanding 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 section through all-county letters or similar instructions until regulations are adopted. (Amended by Stats. 2025, Ch. 67, Sec. 195. (AB 1170) Effective January 1, 2026.)
  179. 16501.4.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. )

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    Several state and county child-welfare agencies must share and report information about psychotropic medications for children in foster care, and the social services department must develop the related reports, forms, and training.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## 16501.4. In order to ensure the oversight of psychotropic medications that are prescribed for children pursuant to Section 369.5 or 739.5, all of the following shall occur: (a) The State Department of Health Care Services shall provide to the State Department of Social Services, pursuant to a data sharing agreement meeting the requirements of applicable state and federal law and regulations, information for administration, oversight, and implementation of federal and state health and public social service programs for children in foster care. The departments shall also develop, in consultation with counties, a data sharing agreement in which county placing agencies may opt to participate, which shall enable the county to, at a minimum, receive data reports developed pursuant to this section. (b) (1) In consultation with the State Department of Health Care Services, the County Welfare Directors Association of California, the County Behavioral Health Directors Association of California, the Chief Probation Officers of California, and stakeholders, the State Department of Social Services shall develop the content and format for monthly, county-specific reports that describe each child for whom one or more psychotropic medications have been paid for under Medi-Cal, including paid claims and managed care encounters. At a minimum, the report shall include the following information: (A) Psychotropic medications that have been authorized for the child pursuant to Section 369.5 or 739.5. (B) Pharmacy data, based on paid claims and managed care encounters, including the name of the psychotropic medication, quantity, and dose prescribed for the child. (C) Other available data, including, but not limited to, information regarding psychosocial interventions and incidents of polypharmacy. (2) The report shall include one or more indicators, developed in consultation with the stakeholders identified in paragraph (1), that note children for whom additional followup may be appropriate. The indicators may include, but need not be limited to, an indicator that identifies each child under five years of age for whom one or more psychotropic medications is prescribed and an indicator that identifies each child of any age for whom three or more psychotropic medications are prescribed. (c) (1) The State Department of Social Services shall distribute to a county placing agency the monthly report for children under its jurisdiction, if the placing agency is a signatory to the data sharing agreement described in subdivision (a). (2) A county placing agency shall use the form developed pursuant to paragraph (3) to share information pertaining to a child with the appropriate juvenile court, the child’s attorney, the county department of behavioral health, and the court-appointed special advocate, if one has been appointed. (A) In the case of the juvenile court, the information described in subdivision (a) shall be shared in conjunction with reports prepared for each regularly scheduled court hearing. (B) In the case of the child’s attorney, the county department of behavioral health, and court-appointed special advocate, the information described in subdivision (a) shall be shared initially for each child served by these individuals upon the authorization of psychotropic medication, and subsequently when that information changes. (3) In consultation with the State Department of Health Care Services, the County Welfare Directors Association, the County Behavioral Health Directors Association of California, the Chief Probation Officers of California, and stakeholders, the State Department of Social Services shall develop a form to be utilized in sharing the information required by paragraph (2). (d) In consultation with the State Department of Health Care Services, the Judicial Council, the County Welfare Directors Association of California, the County Behavioral Health Directors Association of California, the Chief Probation Officers of California, and stakeholders, the State Department of Social Services shall develop training that may be provided to county child welfare social workers, probation officers, courts hearing cases pursuant to Section 300, 601, or 602, children’s attorneys, children’s caregivers, court-appointed special advocates, and other relevant staff who work with children under the jurisdiction of the juvenile court that addresses the authorization, uses, risks, benefits, assistance with self-administration, oversight, and monitoring of psychotropic medications, trauma, and substance use disorder and mental health treatments, including how to access those treatments. (Added by Stats. 2015, Ch. 534, Sec. 10. (SB 238) Effective January 1, 2016.)
  180. 16501.45.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. )

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    The State Department of Social Services must make the statewide child welfare information system able to collect specified foster-care reporting data, and county social workers and probation officers must collect that data.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## 16501.45. (a) To ensure compliance with federal reporting requirements, including those of Public Law 113-183, the Preventing Sex Trafficking and Strengthening Families Act, the State Department of Social Services shall ensure that the statewide child welfare information system is capable of collecting all of the following information: (1) The number of dependent children or wards in foster care who were victims of commercial sexual exploitation before entering foster care. (2) The number of dependent children or wards in foster care who became victims of commercial sexual exploitation while in foster care. (3) The number of dependent children or wards in foster care who go missing, run away, or are otherwise absent from care and were commercially sexually exploited during the time away from placement. (4) The number of dependent children or wards in foster care who are at risk of becoming victims of commercial sexual exploitation. (5) For children in foster care placed in group homes or short-term residential treatment centers, the data identified in Section 679b(a)(7)(A) of Title 42 of the United States Code. (6) Data regarding children and nonminor dependents in foster care who are pregnant or parenting, as required by Section 679b(a)(7)(B) of Title 42 of the United States Code. (b) County social workers and probation officers shall collect the data identified in subdivision (a) consistent with data entry instructions provided by the department. (c) Upon the request of the department, a county child welfare agency, county probation department, or entity operating a program pursuant to an agreement with the department under Section 10553.1, shall provide additional information or data necessary for the department to comply with federal reporting requirements. (Amended by Stats. 2022, Ch. 50, Sec. 72. (SB 187) Effective June 30, 2022.)
  181. 16501.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. )

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    The department must create a single statewide Child Welfare Services Case Management System and counties must use the replacement system when it is implemented statewide.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## 16501.5. (a) In order to protect children and effectively administer and evaluate California’s Child Welfare Services and Foster Care programs, the department shall implement a single statewide Child Welfare Services Case Management System no later than July 1, 1993. (b) It is the intent of the Legislature in developing and implementing a statewide Child Welfare Services Case Management System to minimize the administrative and systems barriers that inhibit the effective provision of services to children and families by applying current technology to the systems that support the provision and management of child welfare services. Therefore, it is the intent of the Legislature that the Child Welfare Services Case Management System achieve all of the following: (1) Provide child welfare services workers with immediate access to child and family specific information in order to make appropriate and expeditious case decisions. (2) Provide child welfare services workers with the case management information needed to effectively and efficiently manage their caseloads and take appropriate and timely case management actions. (3) Provide state and county child welfare services management with the information needed to monitor and evaluate the accomplishment of child welfare services tasks and goals. (4) Provide all child welfare services agencies with a common database and definition of information from which to evaluate the child welfare services programs in terms of the following: (A) Effectiveness in meeting statutory and regulatory mandates, goals, and objectives of the programs. (B) Effectiveness in meeting the needs of the families and children serviced by the program. (C) Projecting and planning for the future needs of the families and children served by the program. (5) Meeting federal statistical reporting requirements with a minimum of duplication of effort. (6) Consolidate the collection and reporting of information for those programs that are closely related to child welfare services, including foster care and emergency assistance. (7) Utilize the child welfare services functionality defined in current and planned automated systems as the foundation for the development of the technical requirements for the Child Welfare Services Case Management System. (c) It is the intent of the Legislature that the Child Welfare Services Case Management System shall provide the required comprehensive and detailed individual county data needed by the department to implement and monitor the performance standards system. (d) Counties shall fully utilize the functionality provided by the replacement statewide child welfare information system when it has been implemented statewide. (e) (1) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this section through all-county letters or similar instructions, which shall have the same force and effect as regulations, until final regulations are adopted. (2) To ensure transparent and consistent communication, the department shall include an update on the development of regulations in the legislative updates associated with the quarterly forums convened pursuant to Section 16501.9. By October 1, 2024, the department shall provide a formal update on the status of the development of regulations to the Legislature in accordance with Section 9795 of the Government Code. (3) The department shall adopt final regulations no later than 24 months after the complete replacement for the statewide child welfare information system is implemented statewide. (Amended by Stats. 2022, Ch. 573, Sec. 23. (AB 207) Effective September 27, 2022.)
  182. 16501.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. )

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    The department must study foster care data collection methods and report the results to the Legislature by February 15, 1992.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## 16501.6. (a) It is the intent of the Legislature for the State Department of Social Services to enhance the statewide child welfare information system to include information concerning the level of care required, educational accomplishments, and health history of children placed in foster care. If appropriate, this enhancement could be made after the system is operational statewide as required in Section 16501.5. (b) The department shall conduct a study to examine the most efficient methods of collecting and maintaining all of the following data for each child in foster care: (1) The names and addresses of the child’s health and educational providers. (2) The child’s grade level performance. (3) The child’s school record. (4) Assurances that the child’s placement in foster care takes into account proximity to the school in which the child is enrolled at the time of placement. (5) A record of the child’s immunizations. (6) The child’s known medical problems. (7) The child’s medications. (8) Any other relevant level of care, health, and education information concerning the child as determined appropriate by the department. (c) In conducting its study, the department shall, as required, examine county health passport systems for possible replication on a statewide basis and consult with other state departments, county associations, and provider groups. (d) By February 15, 1992, the department shall submit a report to the appropriate policy and fiscal committees of the Legislature on the results of its study. The department shall include the following in its report: (1) Recommendations for coordinating data collection among local child health and disability prevention programs, other health care providers, county welfare departments, schools, and other agencies providing services for foster children. (2) Recommendations for the interfacing with any alternative system recommended pursuant to paragraph (1) with the mental health assessment required by Section 5407, and with other requirements of law. (e) The report required by subdivision (d) shall address the feasibility, timeframe, and estimated costs of doing either of the following: (1) Incorporating the data specified in subdivision (b) in the statewide child welfare information system. (2) Implementing an alternative system that is more appropriate for the collection and maintenance of the data specified in subdivision (b). (Amended by Stats. 2022, Ch. 50, Sec. 74. (SB 187) Effective June 30, 2022.)
  183. 16501.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. )

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    The State Department of Social Services must prepare and deliver a child welfare case management system performance plan by December 1, 2005.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## 16501.7. (a) On or before December 1, 2005, the State Department of Social Services shall develop, and provide to the Chairperson of the Joint Legislative Budget Committee, a Child Welfare Services/Case Management System system performance commitments plan. The plan shall be developed in conjunction with the Office of Technology and Solutions Integration, the Office of Technology Services, and the County Welfare Directors Association. (b) (1) The plan developed as required by subdivision (a) shall include, but not be limited to, performance standards for system availability, application transaction time, batch processing windows, data downloads, a process for the identification, tracking, and response of repair service requests, data backup and recovery, help desk responsiveness, and a process for security incidents. (2) The plan may include print time. (3) The plan shall describe all of the following: (A) The mechanism for tracking system performance. (B) Corrective action protocols. (C) The steps that will be taken should performance fall below standards for a specified period of time. (c) It is the intent of the Legislature that the plan developed pursuant to this section shall do all of the following: (1) Appropriately assign responsibility for ensuring service levels to the entity accountable. (2) Prioritize implementation of components of the plan. (3) Address implementation feasibility of the plan’s components, including any issues regarding plan implementation that need to be addressed. (Amended by Stats. 2023, Ch. 43, Sec. 72. (AB 120) Effective July 10, 2023.)
  184. 16501.8.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. )

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    Social workers must make reasonable efforts to collect and update data about a child’s incarcerated parent or parents.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## 16501.8. Social workers shall make reasonable efforts to collect and update necessary data regarding a child’s incarcerated parent or parents. The Legislature encourages the Department of Justice, the Department of Corrections and Rehabilitation, county welfare departments, and county sheriffs to develop protocols for facilitating the exchange of information regarding the location and sentencing of the incarcerated parent or parents of a minor child who is in dependency care. Nothing in this section shall be interpreted to require the department to create a new field in the statewide database for incorporating the information specified in this section. (Amended by Stats. 2012, Ch. 35, Sec. 129. (SB 1013) Effective June 27, 2012.)
  185. 16501.9.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. )

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    This section sets governance, reporting, and continuity requirements for the CWS-CARES child welfare IT project.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## 16501.9. (a) (1) The Legislature hereby finds and declares the Child Welfare Services – California Automated Response and Engagement System (CWS-CARES), also known as the Child Welfare Services-New System (CWS-NS), is the most important system in the state for child welfare services staff to verify the safety and well-being of California’s children. It is the intent of the Legislature that the system shall meet the following objectives, which are intended to align with, and not materially differ from, the scope approved in the most recent Special Project Report: (A) Replace the state’s Child Welfare Services/Case Management System (CWS/CMS) with a federally compliant Comprehensive Child Welfare Information System (CCWIS). (B) Replace the counties’ external child welfare services systems with functionalities that are within the project’s approved scope, and streamline the design and configuration of county and state forms and reports during the development and implementation of each product milestone. (C) Develop and implement application programming interfaces and other integrations within the approved project scope to exchange data critical for child welfare services between applicable federal, state, local, and other partners’ information technology (IT) systems. (D) Improve the accuracy, availability, completeness, and timeliness of all data, documentation, and information needed by child welfare services staff, while reducing duplicative or manual data entry to the extent possible. (E) Facilitate better communication and collaboration between child welfare services staff and other critical partners such as community organizations, multidisciplinary teams, and service providers. (F) Incorporate relevant end-user feedback into product design, development, and implementation, to the extent possible, without significant increases in the total CWS-CARES IT project cost, schedule, and scope. (G) Transition county and tribal users from CWS/CMS to CWS-CARES through effective engagement activities and stakeholder communications that drive user adoption. (H) Maximize system availability and performance through service level agreements to avoid potential disruptions to child welfare services program operations. (I) Minimize any potential risks to children and their families associated with CWS-CARES IT project development and implementation, and CWS-CARES maintenance and operations thereafter. (J) Limit any additional delays to CWS-CARES IT project design, development, and implementation that could lead to federal noncompliance penalties, the potential loss of federal funding, or both. (2) The Legislature further finds and declares that the successful completion of the CWS-CARES IT project shall be defined as the implementation of a federally compliant CCWIS that meets the Legislature’s objectives for the system, as established in paragraph (1). To the extent possible, project completion shall be accomplished within the baseline cost, schedule, and scope approved in the most recent Special Project Report. Any significant deviation from the project baseline in the most recent Special Project Report, excluding the refinement of product and project scope, may be considered as the basis for legislative action to achieve the objectives established in the most recent Special Project Report. Potential legislative action may include actions the Legislature may take to oversee or modify the project in order for it to be completed on time or within the existing budget without potential noncompliance with the CCWIS. (b) (1) The Legislature further finds and declares that this project requires significant engagement with the end user throughout the life of the system, including the county human services agencies and child welfare services and probation staff. (2) The State Department of Social Services and the Office of Technology and Solutions Integration (OTSI), in collaboration with the County Welfare Directors Association of California (CWDA), shall seek resources to enable the necessary level of engagement by the counties in the development and implementation of the CWS-CARES IT project and the maintenance and operations of CWS-CARES to prevent the disruption of services to at-risk families and children. This shall include, but not be limited to, timely and expeditious execution of contracts and contract amendments for participation in this effort, effective monitoring and evaluation of the CWS-CARES IT project, and implementation of any necessary mitigation strategies for risks and issues that arise in the development and implementation of the CWS-CARES IT project, or maintenance and operations of CWS-CARES thereafter. (3) The department and OTSI shall provide a voting seat for a CWDA representative on all governance bodies of CWS-CARES, and shall support and provide necessary accommodation for the stationing of county representatives at the project site. (c) (1) The Legislature further finds and declares that the CWS-CARES IT project requires ongoing oversight by the Legislature, the Department of Technology (CDT), and the Department of Finance (DOF). The Legislature intends that project oversight activities focus on the project making satisfactory progress towards its completion, including full achievement of the system objectives, as described in subdivision (a). (2) The department and OTSI shall convene monthly meetings with the Legislative Analyst’s Office (LAO), legislative staff, CDT, DOF, CWDA, and other relevant parties to review project status reports. All reports shall be provided at least three business days before the monthly meeting. Monthly meetings shall continue until the CDT approves the postimplementation evaluation report for the CWS-CARES IT project. (3) The department and OTSI shall submit monthly project status reports to the Legislature and other relevant stakeholders, including CWDA, regarding efforts to develop and implement CWS-CARES. The reports shall include, but not be limited to, the following information: (A) An update on progress made towards successful completion of the project, as described in subdivision (a), including the status of product milestone development and implementation. Updates on the status of product milestones shall include the project’s progress on any data conversion, hardening, and testing that is associated with each milestone. (B) The status of the project’s incorporation of end-user feedback, to the extent possible within the baseline cost, schedule, and scope approved in the most recent Special Project Report, during product discovery, milestone testing, scenario testing, and validation sprints. For major product and project decisions, reports shall include relevant documentation, showing consideration of end-user feedback, decisions made by the project about incorporation of the feedback, and the project’s justification for its decisions. (C) An update on progress made towards user adoption of the system. Reports shall include relevant information about the status of current and upcoming end-user communications, stakeholder engagements, and training efforts. (D) Any amendment to existing and any newly executed vendor contracts for the project, including the contract or amendment’s purpose, total cost, and term. (E) A current list of project issues and risks. Reports shall highlight any high-level issues or risks that may do one or more of the following: (i) Jeopardize the project’s successful completion. (ii) Negatively impact county child welfare programs. (iii) Result in a significant deviation from the baseline project cost, schedule, and scope in the most recent Special Project Report. (F) Project performance related to scope, schedule, and budget, in accordance with the methodology developed with the independent advisor. (4) (A) The department and OTSI, in coordination with the CDT and CWDA, shall schedule annual development progress demonstrations to provide an opportunity for the CWS-CARES IT project to demonstrate that they are making satisfactory progress towards project completion. Satisfactory progress shall include all of the following: (i) The completion of planned product milestones, including all planned data conversion, hardening, and testing, without significant deviation from the baseline project cost, schedule, and scope in the most recent Special Project Report. (ii) The incorporation of relevant end-user feedback into product design, development, and implementation, to the extent possible, without significant increases in the total CWS-CARES baseline project cost, schedule, and scope in the most recent Special Project Report. (iii) Demonstrable progress made towards user adoption, consistent with the project’s strategic plan for user engagement, communication, and adoption, including clearly defined processes that measure and report on stakeholder engagements with the project, including, for example, stakeholder impact assessments. (B) All parties responsible for oversight of the project, including the LAO, shall be permitted to attend the demonstration. (d) The existing CWS/CMS operations and functionality shall be maintained at a level that is at least commensurate with its December 2015 status and shall not be decommissioned prior to the full statewide implementation of the CWS-CARES in all counties. For purposes of this subdivision, “full statewide implementation” means after all existing CWS/CMS core system functionality has been replaced in CWS-CARES and has been implemented in all 58 counties for a minimum of six months with no significant defects outstanding. (Repealed and added by Stats. 2023, Ch. 43, Sec. 74. (AB 120) Effective July 10, 2023.)
  186. 16501.95.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. )

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    The State Department of Social Services must identify child welfare contributing agencies and issue directives telling them what data to submit, how to submit it, and when. Those agencies must send specified child welfare services data to the statewide system, and the department may use provider bulletins or all-county letters before regulations are adopted.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## 16501.95. (a) The State Department of Social Services shall determine which entities meet the definition of a “child welfare contributing agency,” as defined in Section 1355.51 of Title 45 of the Code of Federal Regulations. (b) The department shall develop and issue written directives for child welfare contributing agencies to submit data to the applicable statewide child welfare information system. These directives shall address all of the following: (1) Identification of which entities meet the definition of a child welfare contributing agency, as defined in federal regulations. (2) The data that a child welfare contributing agency shall provide. (3) The method in which a child welfare contributing agency shall provide data, which shall include either of the following: (A) Direct data entry into the statewide child welfare information system. (B) A bidirectional data exchange between the information systems maintained by the child welfare contributing agency and the statewide child welfare information system. (4) A timeline for providing the specified data in the required manner. (c) In accordance with the written directives of the department, a child welfare contributing agency shall provide child welfare services data that is collected as a result of fulfilling their contracts or agreements with the department or a county child welfare department, to the statewide child welfare information system. (d) Notwithstanding any other law, until regulations are adopted, the department may issue written directives by provider bulletins or all-county letters, as applicable. These written directives shall have the same force and effect as regulations. The written 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). (Amended by Stats. 2022, Ch. 50, Sec. 75. (SB 187) Effective June 30, 2022.)
  187. 16502.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. )

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    Child welfare services must be established in a county or group of counties once the department certifies a financing plan, and certified plans must follow department standards and regulations.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## 16502. The child welfare services authorized by this chapter shall be established in any county or combination of counties when a plan which includes financing of such services has been certified by the department. Such certified plan of child welfare services shall then be operated in accordance with standards and regulations established by the department, subject to all the provisions of this code relating to the supervision of public social services by the department. (Amended by Stats. 1982, Ch. 978, Sec. 40. Effective September 13, 1982.)
  188. 16502.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. )

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    County boards of supervisors may review certain child welfare-related records about a deceased child, but only in closed session, and they may not disclose the information except as state law allows.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## 16502.5. (a) Notwithstanding any other provision of law, a county board of supervisors may receive and review any records in the custody of the juvenile court or any other involved county agencies relating to a child who has died and who had previously come to the attention of, or was under the supervision of, the county child welfare agency. (b) The board may only receive and review the information in closed session. A board of supervisors in a county with a foster care population of more than 10,000 may take formal action to permit individual board members’ offices to receive and review the information for the purpose of determining which cases should be brought to the attention of the full board in closed session. The information or records obtained shall be maintained in a manner that ensures the maximum protection of privacy and confidentiality rights. (c) The board or its members and staff may not disclose or release any information obtained pursuant to subdivision (a), unless otherwise permitted by state law, and shall be bound by all state and federal confidentiality laws. (Added by Stats. 2008, Ch. 255, Sec. 2. Effective January 1, 2009.)
  189. 16503.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. )

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    After the section 366.26 hearing, the responsible agency must make sure a child in foster care gets administrative reviews at least every six months, and the department must issue regulations for how those reviews are conducted.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## 16503. (a) Subsequent to completion of the hearing conducted pursuant to Section 366.26, the agency responsible for placement and care of a minor, or, on or after January 1, 2012, a nonminor dependent, as defined in subdivision (v) of Section 11400, shall ensure that a child in foster care shall receive administrative reviews periodically but no less frequently than once every six months. The administrative review shall determine the appropriateness of the placement, the continuing appropriateness and extent of compliance with the permanent plan for the child, the extent of compliance with the case plan, and adequacy of services provided to the child. (b) The term “administrative review” means a review open to the participation of the parents of a child in foster care conducted by a panel of appropriate persons at least one of whom is not responsible for the case management of, or the delivery of services to, either the child or the parents who are the subject of the review. On and after January 1, 2012, administrative reviews held for nonminor dependents shall be conducted pursuant to subdivision (b) of Section 295 and subdivision (m) of Section 366.3. (c) The department shall develop and implement regulations establishing processes, procedures, and standards for the conduct of administrative reviews that conform to Section 675.6 of Title 42 of the United States Code. (d) The requirements of this section shall not be interpreted as requiring duplicate concurrent court and administrative reviews. (Amended by Stats. 2010, Ch. 559, Sec. 64. (AB 12) Effective January 1, 2011.)
  190. 16503.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. )

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    A placing agency must give the caregiver a caregiver placement agreement when the child is placed, and the agreement must include specified contact and identifying information.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## 16503.5. (a) A placing agency shall provide a caregiver placement agreement to the child’s or nonminor dependent’s caregiver at the time of the child’s placement with that caregiver. (b) (1) For purposes of this section, “caregiver placement agreement” means a written agreement between the placing agency and the child’s or nonminor dependent’s caregiver. The department shall approve the format and content of the placement agreement form to be used by a placing agency. (2) For purposes of this section, “nonminor dependent” means an individual described in subdivision (v) of Section 11400. (c) The agreement shall describe the terms and conditions of the placement and any agreements made by the placing agency and the child’s or nonminor’s caregiver. (d) The agreement shall provide, at a minimum, the contact information for the placing agency’s social worker and the worker’s supervisor, including, but not limited to, telephone numbers, facsimile numbers, and identifying information about the child or nonminor, including, but not limited to, the child’s or nonminor’s social security number, if available, the child’s or nonminor’s Medi-Cal number or group health plan number and information, if available, and the child’s or nonminor’s State Department of Social Services identification number. (e) A county placing agency may modify the forms to meet local needs by adding to the form requirements for information, but may not delete the form’s core elements as determined by the department. (Amended by Stats. 2012, Ch. 846, Sec. 55. (AB 1712) Effective January 1, 2013.)
  191. 16504.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. )

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    County child welfare services departments must keep a 24-hour response system and make required in-person responses and risk determinations in certain child welfare referrals.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## 16504. (a) Any child reported to the county child welfare services department to be endangered by abuse, neglect, or exploitation shall be eligible for initial intake and evaluation of risk services. Each county child welfare services department shall maintain and operate a 24-hour response system. An immediate in-person response shall be made by a county child welfare services department social worker in emergency situations in accordance with regulations of the department. The person making any initial response to a request for child welfare services shall consider providing appropriate social services to maintain the child safely in their own home. However, an in-person response is not required when the county child welfare services department, based upon an evaluation of risk, determines that an in-person response is not appropriate. An evaluation of risk includes collateral contacts, a review of previous referrals, and other relevant information. (b) A county child welfare services department social worker shall make an in-person response whenever a referral is received pursuant to Section 11254. Whenever a referral is received pursuant to Section 11254, the county child welfare services department social worker, within 20 calendar days from the receipt of the referral, shall determine whether the physical or emotional health or safety of the individual or child would be jeopardized if the individual and child lived in the same residence with the individual’s own parent or legal guardian, or other adult relative. (c) Notwithstanding Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, any nonminor dependent, as described in subdivision (v) of Section 11403, reported to the county welfare services department to be endangered by abuse, neglect, or exploitation by a licensed or approved caregiver while in a foster care placement shall be eligible for evaluation of risk services, to determine if the placement is safe and appropriate. The county child welfare services department shall cross-report the suspected abuse, neglect, or exploitation by the licensed or approved caregiver to the appropriate licensing or approval agency and, as appropriate, to law enforcement. (d) Notwithstanding any other law, county child welfare services departments do not need to substantiate or have allegations of abuse, neglect, or exploitation in order to provide voluntary services and stabilization support. (Amended by Stats. 2025, Ch. 79, Sec. 27. (SB 119) Effective July 29, 2025.)
  192. 16504.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. )

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    Child welfare agencies may obtain certain criminal history information for specified child-protection purposes, but must use it only for those purposes and follow fingerprint-check and sharing rules.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## 16504.5. (a) (1) Notwithstanding any other law, pursuant to subdivision (b) of Section 11105 of the Penal Code, a child welfare agency may secure from an appropriate governmental criminal justice agency the state summary criminal history information, as defined in subdivision (a) of Section 11105 of the Penal Code, through the California Law Enforcement Telecommunications System for the following purposes: (A) To conduct an investigation pursuant to Section 11166.3 of the Penal Code or an investigation involving a child in which the child is alleged to come within the jurisdiction of the juvenile court pursuant to Section 300. (B) (i) To assess the appropriateness and safety of placing, pursuant to Section 309 or 361.45, a child who has been detained or is a dependent of the court in the home of a relative, as defined in Section 319, or a nonrelative extended family member, as defined in Section 362.7. (ii) When a relative or nonrelative extended family member who has been assessed pursuant to clause (i) and approved as a caregiver moves to a different county and continued placement of the child with that person is intended, the move shall be considered an emergency situation for purposes of this subparagraph. (C) To attempt to locate a parent or guardian pursuant to Section 311 of a child who is the subject of dependency court proceedings. (D) To obtain information about the background of a nonminor who has petitioned to reenter foster care under subdivision (e) of Section 388, in order to assess the appropriateness and safety of placing the nonminor in a foster care or other placement setting with minor dependent children. (2) Any time that a child welfare agency initiates a criminal background check through the California Law Enforcement Telecommunications System for the purpose described in subparagraph (B) of paragraph (1) and the child is placed with the relative or nonrelative extended family member, the agency shall ensure that a state-level fingerprint check is initiated pursuant to Section 16519.5 of this code and Section 8712 of the Family Code. (b) Criminal justice personnel shall cooperate with requests for criminal history information authorized pursuant to this section and shall provide the information to the requesting entity in a timely manner. (c) Any law enforcement officer or person authorized by this section to receive the information who obtains the information in the record and knowingly provides the information to a person not authorized by law to receive the information is guilty of a misdemeanor, as specified in Section 11142 of the Penal Code. (d) Information obtained pursuant to this section shall not be used for any purposes other than those described in subdivision (a). (e) This section shall not preclude a nonminor petitioning to reenter foster care or a relative or other person living in a relative’s home from refuting any of the information obtained by law enforcement if the individual believes the state- or federal-level criminal records check revealed erroneous information. (f) (1) A state or county welfare agency may submit to the Department of Justice fingerprint images and related information required by the Department of Justice of parents or legal guardians when determining their suitability for reunification with a dependent child subject to the jurisdiction of the juvenile court, for the purposes of obtaining information as to the existence and content of a record of state or federal convictions and state or federal arrests, as well as information as to the existence and content of a record of state or federal arrests for which the Department of Justice establishes that the person is free on bail or on his or her own recognizance pending trial or appeal. Of the information received by the Department of Justice pursuant to this subdivision, only the parent’s or legal guardian’s criminal history for the time period following the removal of the child from the parent or legal guardian shall be considered. (2) A county welfare agency or county probation office may submit to the Department of Justice fingerprint images and related information required by the Department of Justice of nonminors petitioning to reenter foster care pursuant to Section 388, in order to assess the appropriateness and safety of placing the nonminor in a foster care or other placement setting with minor dependent children. (3) When received, the Department of Justice shall forward to the Federal Bureau of Investigation requests for federal summary criminal history information received pursuant to this subdivision. The Department of Justice shall review the information returned from the Federal Bureau of Investigation and respond to the state or county welfare agency. (4) The Department of Justice shall provide a response to the state or county welfare agency pursuant to subdivision (p) of Section 11105 of the Penal Code. (5) The state or county welfare agency shall not request from the Department of Justice subsequent arrest notification service, as provided pursuant to Section 11105.2 of the Penal Code, for individuals described in this subdivision. (6) The Department of Justice shall charge a fee sufficient to cover the costs of processing the request described in this subdivision. (g) A fee, determined by the Federal Bureau of Investigation and collected by the Department of Justice, shall be charged for each federal-level criminal offender record information request submitted pursuant to this section and Section 361.4. (Amended by Stats. 2018, Ch. 910, Sec. 44. (AB 1930) Effective January 1, 2019.)
  193. 16504.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. )

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    The State Department of Social Services must review certain exemption requests from an Indian tribe when needed for placement, and the tribe may ask the county to do the review instead.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## 16504.6. The State Department of Social Services shall evaluate a request from an Indian tribe to exempt a crime that is exemptible under Section 1522 of the Health and Safety Code, if needed, to allow placement into an Indian home that the tribe has designated for placement under Section 361.31 and the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.). However, the tribe may request that the county with jurisdiction over the child evaluate the exemption request. Once a tribe has elected to have the exemption request reviewed by either the State Department of Social Services or the county, the exemption decision may only be made by that entity. Nothing in this section limits the duty of a county social worker to evaluate the home for placement or to gather information needed to evaluate an exemption request. (Amended by Stats. 2024, Ch. 656, Sec. 33. (AB 81) Effective September 27, 2024.)
  194. 16504.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. )

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    The department must give county child welfare agencies certain exemption-related information on request, and county agencies must keep it tightly limited.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## 16504.7. (a) Upon request by a county child welfare agency, the department shall provide a list identifying each person who has received a criminal records exemption pursuant to subdivision (g) of Section 1522 of the Health and Safety Code related to a licensed or certified foster home so that the county may assess the appropriateness of placing a child who has been detained or is a dependent of the court in the licensed or certified foster home with which the individual is associated. (b) Except as otherwise limited by state or federal law, the department shall make available to the county child welfare agency, summary information used in making the determination to grant the exemption. The department shall consult with the Department of Justice, counties, and other interested stakeholders to ensure that information is shared expeditiously and in accordance with state and federal law. (c) For purposes of this section, “summary information” means information pertaining to the specific crimes for which the exemption was requested and a summary of the evidence the department used in making its determination to grant the exemption. The information shall be limited to one page for each crime exempted. (d) In providing summary information pursuant to this section, the department shall not disclose the names of individuals who are not the subject of the exemption request. County child welfare agencies shall not disclose information related to the exemption beyond what is necessary, as determined by the department and in accordance with state and federal law, to assess the appropriateness of placing a child in a licensed or certified foster home. (e) 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 shall implement this section by means of an all-county letter issued on or before March 1, 2015. The all-county letter shall specify the process by which a county may request summary information, how the information will be issued by the department, and how the information may be used by a county. (Added by Stats. 2014, Ch. 222, Sec. 2. (SB 1136) Effective January 1, 2015.)
  195. 16506.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. )

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    County welfare department staff must provide or arrange family maintenance services to help keep a child in the child’s own home.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## 16506. Family maintenance services shall be provided or arranged for by county welfare department staff in order to maintain the child in his or her own home. These services shall be limited to six months, and may be extended in periods of six-month increments if it can be shown that the objectives of the service plan can be achieved within the extended time periods, and provided within the county’s allocation. Family maintenance services shall be available without regard to income and shall only be provided to any of the following: (a) Families whose child or children have been adjudicated a dependent of the court under Section 300, and where the court has ordered the county welfare department to supervise while the child remains in the child’s home. (b) Families whose child is in potential danger of abuse, neglect, or exploitation, who are willing to accept services and participate in corrective efforts, and where it is safe for the child to remain in the child’s home only with the provision of services. (c) Families in which the child is in the care of a previously noncustodial parent, under the supervision of the juvenile court. (d) Family maintenance services shall be provided to any individual and child who are referred pursuant to Section 11254 and who are not placed in foster care and who meet any of the criteria of subdivision (b) of Section 11254. The services shall be provided until the individual reaches 18 years of age. (Amended by Stats. 2004, Ch. 332, Sec. 5. Effective January 1, 2005.)
  196. 16506.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. )

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    County child welfare agencies must hold child and family team meetings for children and youth receiving family maintenance services, and the child-and-family-team requirements apply to those meetings.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## 16506.5. (a) Effective July 1, 2025, county child welfare agencies shall convene child and family team meetings, as defined in paragraph (5) of subdivision (a) of Section 16501, for children and youth receiving family maintenance services pursuant to Section 16506. Requirements for child and family teams, including, but not limited to, those described in Sections 832, 16501, and 16501.1, shall apply to child and family team meetings for children and youth receiving family maintenance services pursuant to Section 16506. (b) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of all-county letters or similar instructions, which shall be exempt from submission to or review by the Office of Administrative Law and shall have the same force and effect of regulations, until regulations are adopted, not later than January 1, 2030. (Added by Stats. 2025, Ch. 7, Sec. 9. (AB 118) Effective June 27, 2025.)
  197. 16507.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. )

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    County welfare staff must provide or arrange family reunification services for eligible children and families, generally for no more than 12 months.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## 16507. (a) Family reunification services shall be provided or arranged for by county welfare department staff in order to reunite the child separated from his or her parent because of abuse, neglect, or exploitation. These services shall not exceed 12 months except as provided in subdivision (a) of Section 361.5 and subdivision (c) of Section 366.3. Family reunification services pursuant to Section 361.6 may be provided to nonminor dependents as described in subdivision (v) of Section 11400. Family reunification services shall be available without regard to income to families whose child has been adjudicated or is in the process of being adjudicated a dependent child of the court under the provisions of Section 300. Family reunification services shall include a plan for visitation of the child by his or her grandparents, where the visitation is in the best interests of the child and will serve to maintain and strengthen the family relationships of the child. (b) Family reunification services shall only be provided when a child has been placed in out-of-home care, or is in the care of a previously noncustodial parent under the supervision of the juvenile court. (c) When a minor has been placed in foster care with a nonparent, family reunification services may be provided to one or both parents. (d) When a county child welfare services agency is providing one parent with reunification services and the other parent is serving a prison term for the conviction of child abuse, pursuant to Section 273a, 273ab, or 273d of the Penal Code, any sex offense specified as being perpetrated against a minor, or an act of domestic violence, the county child welfare services agency may request that the Board of Prison Terms, with respect to inmates sentenced pursuant to subdivision (b) of Section 1168 of the Penal Code, or the Department of Corrections, with respect to inmates sentenced pursuant to Section 1170 of the Penal Code, provide the agency, during the time in which reunification services are being provided, with notification that the person is scheduled to be released on parole, or rereleased following a period of confinement pursuant to a parole revocation without a new commitment. (Amended by Stats. 2012, Ch. 846, Sec. 56. (AB 1712) Effective January 1, 2013.)
  198. 16507.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. )

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    Before a voluntary placement agreement is made, the social worker must try to keep the family together by offering appropriate child welfare services, unless the placement is pending relinquishment.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## 16507.2. Prior to entering into a voluntary placement agreement with a parent or guardian, the social worker shall make every attempt to keep the family together by offering appropriate child welfare services except in the case of a voluntary placement pending relinquishment as provided for in subdivision (c) of Section 16507.4. (Added by Stats. 1982, Ch. 978, Sec. 53. Effective September 13, 1982.)
  199. 16507.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. )

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    This section limits how long certain voluntary child welfare placements can last, allows a limited extension with funding and approvals, and requires administrative review in specified cases.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## 16507.3. (a) Beginning on October 1, 1982, child welfare services for children placed voluntarily after January 1, 1982, shall be limited to a period not to exceed 180 days. Subject to the availability of federal funding, voluntary placement services for federally eligible children may be extended for an additional six months, for a total period not to exceed 12 months for either of the following: (1) Families who have a custodial parent or guardian in residential substance abuse treatment who is demonstrating progress that indicates the problems warranting the initial placement are likely to be resolved within the extended time period. (2) Families whose minor child is seriously emotionally disturbed, who requires placement in a residential treatment facility, who otherwise would be likely to be found to fit the description in subdivision (c) of Section 300, and who reasonably may be expected to be returned home within the extended time period. (b) Whenever a seriously emotionally disturbed child as described in paragraph (2) of subdivision (a) is initially voluntarily placed, the initial placement shall be made pursuant to the approval of an interagency administrative review board as described in paragraph (4) of subdivision (a) of Section 16507.6. (c) The extension of voluntary placement services for an additional six months shall be subject to the approval of an administrative review board pursuant to paragraphs (4) and (5) of subdivision (a) of Section 16507.6. The extension of voluntary placement services is contingent upon the receipt of federal funding. Any administrative and foster care costs that exceed the amount of federal reimbursement shall be paid solely with county funds. (d) An otherwise eligible child placed voluntarily prior to January 1, 1982, may remain eligible for child welfare services without regard to the length of time in placement until April 1, 1984. Beginning on October 1, 1982, such a child shall receive administrative review pursuant to the requirements of Section 16503. (Amended by Stats. 2010, Ch. 559, Sec. 65. (AB 12) Effective January 1, 2011.)
  200. 16507.4.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. )

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    This section requires free voluntary family reunification services for qualifying families, sets a sliding-scale reimbursement process when a family is not eligible for aid, and imposes conditions for voluntary out-of-home placements of minors without juvenile court adjudication.

    ## Welfare and Institutions Code - WIC ## DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.98] ( Division 9 added by Stats. 1965, Ch. 1784. ) ## PART 4. SERVICES FOR THE CARE OF CHILDREN [16000 - 16589] ( Heading of Part 4 amended by Stats. 1978, Ch. 429. ) ## CHAPTER 5. State Child Welfare Services [16500 - 16523.59] ( Heading of Chapter 5 amended by Stats. 1982, Ch. 978, Sec. 33. ) ## 16507.4. (a) Notwithstanding any other provisions of this chapter, voluntary family reunification services shall be provided without fee to families who qualify, or would qualify if application had been made therefor, as recipients of public assistance under the Aid to Families with Dependent Children program as described in the State Plan in effect on July 1, 1996. If the family is not qualified for aid, voluntary family reunification services may be utilized, provided that the county seeks reimbursement from the parent or guardian on a statewide sliding scale according to income as determined by the State Department of Social Services and approved by the Department of Finance. The fee may be waived if the social worker determines that the payment of the fee may be a barrier to reunification. Section 17552 of the Family Code shall also apply. (b) An out-of-home placement of a minor without adjudication by the juvenile court may occur only when all of the following conditions exist: (1) There is a mutual decision between the child’s parent, Indian custodian, or guardian and the county welfare department in accordance with regulations promulgated by the State Department of Social Services. (2) There is a written agreement between the county welfare department and the parent or guardian specifying the terms of the voluntary placement. The State Department of Social Services shall develop a form for voluntary placement agreements that shall be used by all counties. The form shall indicate that foster care under the Aid to Families with Dependent Children program is available to those children. (3) In the case of an Indian child, in accordance with Section 1913 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.), the following criteria are met: (A) The parent or Indian custodian’s consent to the voluntary out-of-home placement is executed in writing at least 10 days after the child’s birth and recorded before a judge. (B) The judge certifies that the terms and consequences of the consent were fully explained in detail in English and were fully understood by the parent or that they were interpreted into a language that the parent understood. (C) A parent of an Indian child may withdraw his or her consent to a voluntary foster care placement or voluntary termination of parental rights or relinquishment for any reason at any time and the child shall be returned to the parent. (D) The placement complies with preferences set forth in Section 361.31. (c) In the case of a voluntary placement pending relinquishment, a county welfare department shall have the option of delegating to a licensed private adoption agency the responsibility for placement by the county welfare department. If a delegation occurs, the voluntary placement agreement shall be signed by the county welfare department, the child’s parent or guardian, and the licensed private adoption agency. (d) The State Department of Social Services shall amend its plan pursuant to Part E (commencing with Section 670) of Subchapter IV of Chapter 7 of Title 42 of the United States Code in order to conform to mandates of Public Law 96-272 and Public Law 110-351 for federal financial participation in voluntary placements. (Amended by Stats. 2018, Ch. 833, Sec. 34. (AB 3176) Effective January 1, 2019.)

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